General terms and conditions of business

The General Terms and Conditions (GTC) of HÜPPE GmbH, Industriestraße 3, 26160 Bad Zwischenahn, registered in the commercial register of the Oldenburg District Court under HRB 202345 (hereinafter referred to as HÜPPE). VAT identification number: DE 814977721, tax number: 69 / 200 / 24628, email: hueppe@hueppe.com, fax: +49 4403 67-100, telephone: +49 4403 67-0.

As of April 12, 2023

1. Scope

1.1 The following terms and conditions in the version valid at the time of the order apply exclusively to all orders submitted to HÜPPE for the purchase of goods and for requests for customer service by customers (consumers and entrepreneurs). Differing general terms and conditions of the customer will not be recognized unless HÜPPE expressly agrees to their validity in writing.

1.2 The customer is a consumer to the extent that the purpose of the deliveries and services ordered cannot be predominantly attributed to his commercial or independent professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or independent professional activity.

2. Conclusion of contract

2.1 The presentation and promotion of articles or services (e.g. customer service) from HÜPPE on the Internet or in the HÜPPE online shop does not constitute an offer within the meaning of Sections 145 ff. BGB, but rather an invitation to submit an offer by the customer.

2.2 By placing an order by email, fax or telephone, the customer submits a binding offer to purchase goods or obtain services from HÜPPE. When using the online shop, the customer submits a binding application to purchase the goods or services currently in the shopping cart by clicking on the “Buy Now” button. Before submitting the order, the customer can change and view the data at any time. However, the application can only be submitted and transmitted if the customer has accepted these contractual conditions by clicking on the “Accept Terms and Conditions” button and thereby included them in their application.

2.3 HÜPPE is entitled to accept the order within 7 days of receipt of the order by HÜPPE. An email confirmation of receipt, which is automatically generated and sent by the system immediately after receipt of the customer’s order, does not constitute a binding acceptance of the offer by HÜPPE. HÜPPE declares acceptance of the contract by means of a separate email as soon as the goods leave the warehouse Delivery time or the service time for a customer service call can be confirmed (order confirmation). In this email or in a separate email, but no later than upon delivery of the goods, the contract text (consisting of the order, general terms and conditions and order confirmation) will be sent to the customer by HÜPPE on a durable medium (email or paper printout) (contract confirmation ). The contract text will be saved by HÜPPE in compliance with data protection regulations. As part of the ordering process, the risk of incorrect transmission that cannot be explained lies with the customer.

2.4 The contract is concluded in German.

2.5 The goods offered by HÜPPE are only sold in normal commercial quantities.

2.6 If delivery of the goods ordered by the customer is not possible, for example because the corresponding goods are not in stock, HÜPPE will refrain from issuing a declaration of acceptance. In this case, a contract is not concluded. HÜPPE will inform the customer of this immediately and immediately refund any consideration already received.

2.7 HÜPPE can only consider orders for deliveries abroad if there is a minimum order value. The customer can find the minimum order value in the price information provided in HÜPPE’s online shop.

3. Special conditions for customer service operations

Customer service calls for repair work can be requested directly from HÜPPE. The flat rate includes the costs for arrival and departure as well as 30 minutes of working time on site. Any additional working time will be billed for every 15 minutes commenced, at the rate in the currently valid price list.

The repair work is carried out at the assembly site. Access to the product to be repaired must be made possible in such a way that professional repairs can be carried out. can be done.

Coordination regarding the date and time of the service appointment takes place between the customer service technician and the customer. The time is generally non-binding, as the customer service technicians cannot predict the exact repair time of previous orders.

If, after the repair has begun, it turns out that the expected repair costs are not economically justifiable in relation to the current value of the product, the work will be interrupted, the customer will be informed of the expected repair costs and his consent for further repair will be requested. If defects become apparent during the repair and their elimination goes beyond the actual scope of the repair, HÜPPE will inform the client of the estimated additional costs. An extension of the scope of repairs requires the consent of the customer.

4. Prices

The prices for products and services (particularly customer service calls) that are listed on the Internet at the time of the order or stored there in the form of a price list apply. The prices stated are final prices, which means they include the applicable statutory VAT and other price components, but do not include any applicable shipping costs. The shipping costs are stated in the price information in the HÜPPE online shop. The price including VAT and applicable shipping costs is also displayed in the order form before the customer submits the order.

5. Delivery and transportation (purchase of goods)

The delivery times stated by HÜPPE are calculated from the time of order confirmation, assuming prior payment of the purchase price. If no or no different delivery time is specified for the respective goods in the online shop, it is 2-5 working days (standard delivery). HÜPPE also states the delivery time again in the order confirmation. The goods are shipped via parcel delivery via a parcel service provider. HÜPPE bears the shipping risk if the customer is a consumer.

6. Right of Withdrawal: 

(1) When concluding a distance selling transaction, consumers generally have a statutory right of withdrawal, about which HÜPPE provides information below in accordance with the legal model. The exceptions to the right of withdrawal are regulated in paragraph (2). Paragraph (3) contains a sample cancellation form and paragraph (4) contains clarifications on the legal models and additional regulations to which HÜPPE is bound in addition to the legal regulations for the benefit of its customers.

7. Right of withdrawal

Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reasons.

The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods. If customer service is ordered, the cancellation period begins on the day the contract is concluded.

In order to exercise your right of withdrawal, you must contact us (HÜPPE GmbH, Industriestraße 3, 26160 Bad Zwischenahn, telephone: +49 4403 67-0, fax: +49 4403 67-100, email: hueppe@hueppe.com) by means of a clear Statement (e.g. a letter sent by post, fax or email) informing you of your decision to withdraw from this contract. You can use the sample cancellation form attached in paragraph 3 below, although this is not mandatory.

In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires.

Consequences of revocation

If you cancel this contract, we will refund to you all payments received from you, including delivery costs (except for any additional costs arising from you choosing a method of delivery other than the low-cost standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment.

We may refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is the earlier.

You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of your cancellation of this contract. The deadline is met if you send the goods before the fourteen day period has expired.

You bear the direct costs of returning the goods.

You are only liable for any loss in value of the goods if this loss in value is due to the handling other than what is necessary to establish the nature, characteristics and functionality of the goods.

If, when ordering customer service, you have requested that the services begin during the cancellation period, you must pay us an appropriate amount corresponding to the proportion of the service up to the time at which you have informed us of your right to cancel in relation to this contract the services already provided compared to the total scope of services provided for in the contract.

(2) The right of withdrawal does not apply to contracts:

• to supply goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,
• for the delivery of goods if, due to their nature, they were inseparably mixed with other goods after delivery.

(3) HÜPPE provides information about the model cancellation form in accordance with the legal regulations as follows:

8. Sample cancellation form

(If you want to cancel the contract, please fill out this form and send it back.)

• To HÜPPE GmbH, Industriestraße 3, 26160 Bad Zwischenahn, Telefon: +49 4403 67-0, Fax: +49 4403 67-100, E-Mail: hueppe@hueppe.com:
• I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
• Ordered on (*)/received on (*)
• Name of the consumer(s)
• Address of the consumer(s)
• Signature of the consumer(s) (only for paper notification)
• Date

(*) Delete what is not applicable

(4) In addition to the legal regulations and the above templates, this applies for the sake of clarification and exclusively for the benefit of the customers:

• To the extent that the right of withdrawal is not excluded by law, the customer can only withdraw from the contract with regard to individual goods ordered and delivered together and otherwise keep the goods. In these cases, revocation of the entire contract is not necessary.
• For partial deliveries of several goods ordered at the same time, the cancellation period begins with the delivery of the last goods. The same applies if goods are delivered in several partial shipments or pieces. If only one product is delivered, the cancellation period begins with the delivery of this product. In all cases, the customer can also declare the cancellation before delivery.
• For goods that cannot be returned by post due to their nature, you will bear the direct costs of returning the goods. The costs are estimated at a maximum of around EUR 30.00.

9. Payment

(1) The purchase price and shipping costs must be paid at the latest within two (2) weeks of receipt of the invoice issued by HÜPPE.

(2) Applies to the purchase of goods:

• Payment is made within the EU by advance transfer to the account specified in the HÜPPE online shop, by direct debit, using one of the following credit cards: Euro/Mastercard, VISA Card or PayPal. If a direct debit authorization has been granted or payment is made by credit card, HÜPPE will debit the customer account at the earliest at the time specified in paragraph 1.
• If there are reasonable indications of a risk of non-payment, HÜPPE reserves the right to deliver only after receipt of the purchase price including shipping costs (advance payment reservation). If HÜPPE makes use of the advance payment reservation, HÜPPE will inform the customer immediately. In this case, the delivery period begins with payment of the purchase price and shipping costs.
• For orders placed from outside the EU or requiring shipping outside the EU, payment in advance is only possible.

(3) Applies to customer service calls:

Payment for customer service calls, including any costs for spare parts that may arise, is due immediately and is made in cash immediately after the customer service call, by direct debit or by bank transfer. In the case of payment by direct debit or bank transfer, payment is deemed to be on time if it is received on HÜPPE’s account within 2 working days of the customer service call.

Note on the obligation to retain invoices for consumers: The invoice recipient is obliged to keep the invoice for tax purposes for 2 years.

(4) If the customer defaults on a payment, he or she must pay HÜPPE default interest amounting to 5 percentage points above the base interest rate p.a. The customer’s obligation to pay default interest does not preclude HÜPPE from asserting further damages due to default.

(5) The customer is not entitled to offset claims from HÜPPE unless his counterclaims have been legally established or are undisputed. He is also entitled to offset claims from HÜPPE if he asserts complaints about defects or counterclaims from the same purchase contract.

(6) As a buyer, the customer may only exercise a right of retention if his counterclaim arises from the same purchase contract.

10. Retention of title

All goods delivered remain the property of HÜPPE until full payment has been made. The reserved ownership also extends to processed items and, in the event of resale, to the purchase price claim (extended retention of title). Processing or transformation is always carried out for HÜPPE. If HÜPPE’s (joint) ownership expires as a result, it is already agreed that the customer’s ownership of the uniform item will be transferred to HÜPPE in proportion to the value of HÜPPE’s entire claim to the value of the other items. The customer stores HÜPPE’s property free of charge.

11. Warranty

(1) The rights of the customer in the event of material and legal defects are determined in accordance with the statutory provisions, unless otherwise specified in these General Terms and Conditions, in particular in Section 10 below. For entrepreneurs, the warranty period for items delivered by HÜPPE is 12 months from the date of delivery.

(2) An additional guarantee only exists for the goods delivered by HÜPPE if this was expressly provided in the order confirmation for the respective item.

12. Liability for damages

(1) HÜPPE is liable for damages in accordance with the statutory provisions, unless otherwise specified below.

(2) In the event of breaches of duty – regardless of the legal reason – HÜPPE is responsible for intent and gross negligence. HÜPPE is only liable for simple negligence:

– for damages resulting from injury to life, body or health and

– for damages resulting from the breach of an essential contractual obligation (obligation, the fulfillment of which is essential for the proper execution of the contract and on whose compliance the contractual partner regularly trusts and may rely); In this case, however, liability is limited to compensation for the typically occurring damage that was foreseeable at the time the contract was concluded.

(3) The above liability limitations do not apply to legal claims under the Product Liability Act or other mandatory legal standards.

13. Choice of law and place of jurisdiction

(1) The law of the Federal Republic of Germany applies to these General Terms and Conditions and the contractual relationship between HÜPPE and the customer, excluding uniform substantive law, in particular the UN Convention on Contracts for the International Sale of Goods. The statutory provisions restricting the choice of law remain unaffected. If the customer placed the order as a consumer and has his habitual residence in a country other than the Federal Republic of Germany at the time of his order, the application of mandatory legal provisions of that country remains unaffected by the choice of law made above.

(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships as well as non-contractual claims between the customer and HÜPPE is HÜPPE’s registered office. Otherwise, especially if the customer is a consumer, the legal regulations apply to the place of jurisdiction.