Terms of service

for the online shop at the URL

https://www.hemion-ersatzteile.de/

operated by

Hemion GmbH
Olmütz­er Str. 4
89287 Bellenberg
Email: info@hemion.de
Phone: +49 7306 330086-0

- hereinafter: Provider -

 

1. Scope

These General Terms and Conditions (GTC) apply, once incorporated, to all contracts concluded for the purchase of goods, services or other items (hereinafter “Goods”) in the online shop at the above-mentioned URL, in the version valid at the time the contract is concluded. These GTC apply exclusively. Any deviating terms and conditions of the customer shall not become part of the contract unless expressly agreed by the Provider.

2. Conclusion of Contract

2.1 The offers in the online shop constitute a non-binding invitation by the Provider to visitors of the online shop to submit an offer to purchase the goods offered in the shop.

2.2 The ordering of the goods is carried out via the Provider’s online order form. After selecting the desired goods, entering all required information, and completing all mandatory steps in the ordering process, the customer can submit the selected goods by clicking the order button at the end of the checkout page (“Order”). By placing the order, the customer submits a binding offer to conclude a purchase contract for the selected goods. The contract is concluded when the Provider accepts the customer’s offer. Acceptance occurs when the Provider confirms the conclusion of the contract in written or text form (e.g. by email) (order confirmation) and this order confirmation is received by the customer, or when the Provider delivers the ordered goods and these goods are received by the customer, or when the Provider requests payment (e.g. invoice or credit card payment during checkout) and the request for payment is received by the customer; the decisive moment for the conclusion of the contract is the moment in which one of the alternatives mentioned in the first sentence occurs for the first time.

2.3 Before submitting the order, the customer may review and correct their entries at any time using the usual keyboard, mouse, touch or other available input functions. Furthermore, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there.

2.4 The Provider will store the contract text after the conclusion of the contract and send it to the customer in text form (e.g. by email). No further access to the contract text will be provided by the Provider. If the purchase was made via a customer account, the customer may view their orders and related order data in that account.

2.5 The following languages are available for the conclusion of the contract: German.

3. Right of Withdrawal for Consumers

Consumers have a statutory right of withdrawal for contracts concluded outside of business premises and for distance selling contracts. A consumer is any natural person who concludes a legal transaction for purposes that are predominantly outside their trade, business or profession. Details can be found in the withdrawal policy, which is provided to every consumer at the latest immediately before the conclusion of the contract.

4. Payment, Default

4.1 The prices listed in the online shop at the time of ordering shall apply. All prices include statutory VAT and any applicable shipping costs. Information regarding the available payment methods is provided in the Provider’s online shop.

4.2 If “advance payment” is agreed, the purchase price becomes due immediately upon contract conclusion.

4.3 If “purchase on account” is agreed, payment is due immediately upon contract conclusion unless another payment deadline is specified in the invoice or checkout process.

4.4 If payment by credit or debit card is agreed, the purchase price is due immediately after conclusion of the contract.

4.5 If payment via “PayPal” is agreed, the purchase price is due immediately upon contract conclusion. Payment is processed by PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg.

4.6 If “Apple Pay” is selected as the payment method, payment is processed by Apple Inc., Infinite Loop, Cupertino, CA 95014, USA. Payment is due immediately upon contract conclusion.

4.7 If “Google Pay” is selected, payment is processed by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland. Payment is due immediately upon contract conclusion.

4.8 If paying with “American Express,” payment is processed by American Express Europe S.A., Theodor-Heuss-Allee 112, 60486 Frankfurt am Main. Payment is due immediately upon contract conclusion.

4.9 If “VISA” is selected, payment is processed by Visa Europe Services Inc., London Branch, 1 Sheldon Square, London W2 6TT, United Kingdom. Payment is due immediately upon contract conclusion.

5. Retention of Title

The purchased goods remain the property of the Provider until the purchase price has been paid in full.

6. Delivery and Reservation of Self-Supply

6.1 Unless otherwise agreed, delivery is made within the delivery time specified in the online shop to the delivery address provided by the customer. Applicable delivery times can be found in the online shop.

6.2 Collection of purchased goods by the customer is excluded.

6.3 If the Provider cannot deliver the ordered goods because he was not supplied himself through no fault of his own, despite having concluded a congruent covering transaction with a reliable supplier in due time, the Provider shall be released from his performance obligations and may withdraw from the contract. The Provider is obliged to inform the customer immediately of the impossibility of fulfilling the contract. Any consideration already provided by the customer shall be refunded immediately. Mandatory consumer rights remain unaffected.

7. Warranty

The statutory provisions on liability for defects apply.

8. Liability and Indemnification

8.1 The Provider is liable without limitation:

• for damages resulting from injury to life, body or health caused by intentional or negligent breach of duty by the Provider or by a legal representative or vicarious agent;
• for damages caused by intentional or grossly negligent breach of duty by the Provider or a legal representative or vicarious agent;
• based on a guarantee, unless otherwise agreed;
• based on mandatory liability (e.g. under the German Product Liability Act).

8.2 If the Provider negligently breaches a material contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless liability is unlimited pursuant to the previous paragraph. Material contractual obligations are obligations that the contract imposes on the Provider for achieving the contract’s purpose, whose fulfilment enables proper performance of the contract and on whose compliance the customer regularly relies.

8.3 Otherwise, the Provider’s liability and the liability of his vicarious agents and legal representatives is excluded.

8.4 The customer indemnifies the Provider against all claims of third parties – including legal defence costs at the statutory level – asserted against the Provider due to unlawful or contractual violations by the customer.

9. Data Protection

The Provider processes customers’ personal data confidentially and in accordance with applicable data protection laws. Further details can be found in the Provider’s privacy policy.

10. Final Provisions

10.1 The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG), provided that this choice of law does not result in a consumer with habitual residence in the EU being deprived of mandatory legal protections of their home country.

10.2 If the customer is a merchant, a legal entity under public law or a special fund under public law, the court at the Provider’s place of business shall have jurisdiction, unless an exclusive place of jurisdiction is established. This also applies if the customer has no residence within the European Union. The Provider’s business address can be found at the top of these GTC.

10.3 If any provision of this contract is invalid or unenforceable, the remaining provisions shall remain unaffected.

11. Information on Online Dispute Resolution / Consumer Dispute Resolution

The Provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

You can find our email address at the top of these GTC.