General Terms and Conditions of the company Herrmann Industrieservice e.K.
1.1 Customers within the meaning of these General Terms and Conditions (GTC) may be both consumers and entrepreneurs.
1.2 An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity. A partnership with legal capacity is a partnership endowed with the capacity to acquire rights and incur liabilities.
1.3 A consumer is any natural person who enters into a legal transaction for purposes which can predominantly be attributed neither to his commercial nor to his independent professional activity.
- Offer, conclusion of contract
The products and services listed by the seller within the online shop do not represent binding offers for the seller; rather, it is an invitation to the customer to submit a binding offer by placing an order.
By sending the order from the “virtual shopping cart”, the customer places a binding order for the items contained therein. The seller will confirm receipt of this order to the customer immediately by e‑mail.
The purchase contract is concluded with the express acceptance of the order in text form or delivery of the goods by the seller. In this respect, the seller is entitled to accept the contract offer of the customer within two working days after receipt of the order.
- Prices, shipping costs
All prices are total prices including VAT or differential tax according to § 25a UStG plus shipping costs. The costs for packaging and shipping are to be taken from the respective offer.
- Retention of title
The goods delivered by the seller remain his property until full payment.
- Means of payment; Delivery; Delivery restrictions; Shipping costs; Transfer of risk
5.1 Various payment methods are available to customers, which are indicated on the respective offer page of the seller.
5.2 If advance payment is agreed, payment shall be due immediately after conclusion of the contract.
5.3 If the customer chooses a payment method offered by PayPal, the payment will be processed via the online payment service PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L‑2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal terms and conditions of use, which can be viewed at the following domain: https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or — if the customer does not have a PayPal account — subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
5.4 If the customer selects “PayPal Invoice” as the payment method, the seller shall assign its payment claim against the customer to PayPal within the framework of an ongoing factoring agreement. Before accepting the Seller’s declaration of assignment, PayPal shall carry out a creditworthiness check using the transmitted customer data. In the event of a negative creditworthiness check result, the seller reserves the right to refuse the customer the payment method “PayPal invoice”. If PayPal allows the payment method “PayPal invoice”, the customer must pay the invoice amount to PayPal within 14 days of receipt of the goods. Due to the assignment of claims that has taken place, the customer can only make payments with debt-discharging effect to PayPal. The General Terms and Conditions of Use for the Use of PayPal’s Purchase on Account, available at https://www.paypal.com/de/webapps/mpp/ua/pui-terms, shall apply. The seller remains responsible for general customer enquiries (e.g. about the item, shipping time, complaints, etc.) even in the event of assignment of the claim.
5.5 Delivery shall be made at the shipping costs stated in the item description. We point out any delivery restrictions, if these exist.
5.6 If the Customer is a consumer, the Seller shall bear the shipping risk in any case, regardless of the shipping method. If the customer is an entrepreneur, all risks and dangers of the shipment are transferred to the customer as soon as the goods have been handed over by the seller to the commissioned logistics partner.
- Cancellation policy
Right of withdrawal
You have the right to cancel this contract within 14 days without giving any reason.
The revocation period is 14 days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
In order to exercise your right of withdrawal, you must send us
Herrmann Industrieservice e.K.
St. Peter’s Square 7
by means of a clear declaration (e.g. a letter sent by post, telephone, fax or e‑mail) about your decision to revoke this contract. You can use the enclosed sample cancellation form for this purpose, which is, however, not mandatory.
In order to comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.
Consequences of revocation
If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, 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 notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You shall bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the quality, characteristics and functioning of the goods.
Sample cancellation form
(If you wish to cancel the contract, please complete and return this form). To:
Herrmann Industrieservice e.K.
St. Peter’s Square 7
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the
the following goods (*)/the provision of the following service (*)
Ordered on (*)/received on (*)
Name of consumer(s) .….….….….….….….….….….….….….….….….….….….….
Address of consumer(s) .….….….….….….….….….….….….….….….….….….…
Signature of the consumer(s) (only in the case of notification on paper)
(*) Delete as applicable.
7.1 Unless otherwise agreed by the parties, the right of withdrawal does not apply to the following contracts:
- Contracts for the supply of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,
- Contracts for the supply of goods that can spoil quickly or whose expiry date would be quickly exceeded,
- contracts for the supply of alcoholic beverages, the price of which was agreed at the time of the conclusion of the contract, but which cannot be supplied until at least 30 days after the conclusion of the contract and the current value of which depends on fluctuations in the market over which the trader has no control,
- Contracts for the supply of newspapers, periodicals or magazines with the exception of subscription contracts.
The right of withdrawal expires prematurely, unless the parties have agreed otherwise, in the case of the following contracts:
- Contracts for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery,
- Contracts for the delivery of goods if these have been inseparably mixed with other goods after delivery due to their nature,
- Contracts for the supply of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery.
7.2 Please avoid damage and contamination of the goods. If possible, please return the goods to us in the original packaging with all accessories and with all packaging components. If necessary, use a protective outer packaging. If you no longer have the original packaging, please provide adequate protection against transport damage with suitable packaging.
7.3 Please note that the aforementioned clause 7.2 is not a prerequisite for the effective exercise of the right of withdrawal.
- value replacement in case of revocation
In the event of a revocation of the contract, the customer shall, in deviation from § 346 para. 2 no. 3 BGB (German Civil Code), pay compensation for a loss in value of the goods if the loss in value is due to a handling of the goods which was not necessary for the examination of the quality, characteristics and functioning of the goods and we have informed the customer of his right of revocation in accordance with Article 246a § 1 para. 2 sentence 1 no. 1 of the Introductory Act to the German Civil Code.
- Liability for defects, warranty rights, liability
There is a statutory liability for defects for all our goods. The statutory provisions apply to liability and warranty.
The warranty period for used articles is 12 months. Claims for damages remain unaffected by this provision. Any warranties do not limit the statutory warranty claims.
- Consumer information in distance contracts for the purchase of goods
10.1 The Seller is not subject to any special codes of conduct not mentioned above.
10.2 The essential features of the goods offered by the Seller as well as the period of validity of limited offers can be found in the individual product descriptions within the scope of the Internet offer. The language available for the conclusion of the contract is exclusively German.
10.3 Complaints and warranty claims can be made at the address given in the supplier identification. For information on payment, delivery or performance, please refer to the offer.
10.4 In the Online shop first put the selected goods in the shopping cart. Once you have selected all the desired items, you can proceed to checkout. If you are already a customer, you can log in by entering your email address and password. If you are a new customer, then you must first enter your contact details. You can also decide whether you want to create a customer account or not. Afterwards you can select the desired payment method. You have to confirm that you have read the terms and conditions and that you have taken note of your right of withdrawal and finally you can place your order by clicking on the button “Buy now”. Until then you have the possibility to recognize your entries, to check them and if necessary to correct them after pressing the “Back” button of your browser on the previous page or to cancel the order process by leaving the page.
10.5 The seller does not save the text of the contract after the conclusion of the contract itself and the seller does not make the text of the contract accessible to the customer. However, after the conclusion of the contract, we will send the customer an order confirmation with all details to the e‑mail address provided by you, in which you will once again be informed of all the essential data of your order, our General Terms and Conditions, your cancellation policy. You have the possibility to print out the general terms and conditions as well as your order with all entered data during the order process. By using the print function of your browser, you also have the option of printing out the text of the contract. You can also save the contract text by clicking on the right mouse button to save the internet page on your computer. After completion of the order processing, the contract text is no longer accessible to you.
- Final provisions
11.1 The contractual relationship between the Seller and the Customer as well as the respective terms and conditions shall be governed by the laws of the Federal Republic of Germany. If the customer is a consumer, the applicable statutory provisions and rights in favour of the consumer under the law of the customer’s country of residence shall remain unaffected by this agreement. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
11.2 If the aforementioned provisions have not become part of the contract in whole or in part or are ineffective, the remainder of the contract shall remain effective. Insofar as the provisions have not become an integral part of the contract or are invalid, the content of the contract shall be governed by the statutory provisions.
- Information for consumers on out-of-court dispute resolution
12.1 Obligation to provide information in accordance with the ODR Regulation (Art. 14 (1) ODR Regulation)
Link to the EU Commission’s platform for online dispute resolution: https://ec.europa.eu/consumers/odr Our email address is: email@example.com
12.2 Obligation to provide information in accordance with the Consumer Dispute Settlement Act (§ 36 VSBG)
We are not obligated to participate in a dispute resolution procedure before a consumer arbitration board and are generally not prepared to do so.