Terms and Conditions

Terms of Service

As of Novem­ber 2018

§ 1 Sphere of Applicability and Definitions

(1)
All offers, deliv­er­ies and ser­vices shall be ren­dered exclu­sive­ly upon the basis of these All­ge­meine Geschäfts­be­din­gun­gen [Gen­er­al Busi­ness Terms and Con­di­tions] (AGB). Through his con­trac­tu­al offer and/or his offer accep­tance, the Cus­tomer here­by express­ly declares his agree­ment with this con­trac­tu­al basis.

(2)
We shall not recog­nise any terms and con­di­tions of the Cus­tomer which devi­ate from our AGB and thus here­by express­ly reject such terms and con­di­tions of the Cus­tomer. Any devi­a­tions from these Busi­ness Terms and Con­di­tions shall be valid only if we have con­firmed them in writ­ing. This shall also be valid for the reg­u­la­to­ry area which is not cov­ered by these AGB.

(3)
Our AGB shall be valid in the ver­sion which was pub­lished at the time that the order was issued. We reserve the right to mod­i­fy or amend the AGB in jus­ti­fied cas­es, e.g. changes to laws, changes in case law or changes in finan­cial cir­cum­stances. The respec­tive changes shall become effec­tive upon their pub­li­ca­tion on the Inter­net site www.hidrex.de.

(4)
Con­sumer in accor­dance with these AGB shall be con­sid­ered to be any nat­ur­al per­son who con­cludes a legal trans­ac­tion for pur­pos­es which are pre­dom­i­nant­ly attrib­ut­able nei­ther to com­mer­cial nor inde­pen­dent activ­i­ties upon the part of the con­sumer. Entre­pre­neur in accor­dance with these AGB shall be con­sid­ered to be any nat­ur­al or juridi­cal per­son or part­ner­ship that is autho­rised to con­duct legal trans­ac­tions which is act­ing in the exer­cis­ing of its com­mer­cial or inde­pen­dent pro­fes­sion­al work activ­i­ties when con­clud­ing the con­trac­tu­al agree­ment with us. Busi­nessper­sons shall be con­sid­ered to be entre­pre­neurs who oper­ate a com­mer­cial busi­ness or free­lancers who are treat­ed as such in accor­dance with the statu­to­ry pro­vi­sions of the Han­dels­ge­set­zbuch [Ger­man Com­mer­cial Code] (HGB).

§ 2 Conclusion of the Contractual Agreement

(1)
Our offers shall be non-bind­ing with regards to ser­vices, quan­ti­ties and ancil­lary ser­vices, i.e. they are not con­sid­ered to be offers, but rather mere­ly requests issued to the Cus­tomer to ren­der an offer (order) upon his part.

(2)
As a rule, after our receipt of the offer, the Cus­tomer shall receive an order con­fir­ma­tion (via e‑mail, post or fax) which con­firms the receipt of the order. This e‑mail shall con­sti­tute no accep­tance of the offer.
The Pur­chase Agree­ment shall only then be con­sid­ered to have been con­clud­ed upon the receipt of the order con­fir­ma­tion which was sent via e‑mail, post or fax. This shall also be valid for an order of goods that is sub­mit­ted by tele­phone. As long as we have sent the Cus­tomer no order con­fir­ma­tion, we reserve the right to sell the goods to some­one else.

(3)
The qual­i­ty fea­tures of the deliv­ery or ser­vice object which form the under­ly­ing basis for the con­trac­tu­al agree­ment shall be stat­ed exclu­sive­ly in the respec­tive data in our descrip­tion of the con­trac­tu­al object on the Inter­net or on the order con­fir­ma­tion. Devi­a­tions shall require a writ­ten agree­ment.

 

§ 3 Right of Revocation of Consumers

(1)
Right of Revo­ca­tion

You shall have the right to revoke this agree­ment with­in 14 days with­out being required to state rea­sons for so doing.
The 14-day time­frame shall begin to run on the day on which you or your des­ig­nat­ed third party–who is not the carrier–have/has tak­en pos­ses­sion of the last goods and/or, for mul­ti­ple par­tial ship­ments, the last par­tial ship­ment or the last unit.
In order to exer­cise your right of revo­ca­tion, you must noti­fy us, HIDREX GmbH, Otto-Hahn-Str. 12, 42579 Heili­gen­haus, tele­phone: 02056 — 98 11 0, fax: 02056 — 98 11 31, e‑mail: , by means of a trans­par­ent dec­la­ra­tion (e.g. a let­ter sent via post, fax or e‑mail), of your deci­sion to revoke this agree­ment. In order to do this, You can use the enclosed mod­el revo­ca­tion form, but this is not manda­to­ry.
In order to meet the dead­line, it is suf­fi­cient that you have sent the noti­fi­ca­tion of the exer­cis­ing of the right of revo­ca­tion before the revo­ca­tion time­frame laps­es.

(2)
Con­se­quences of the Revo­ca­tion

If you revoke this agree­ment, we must pay back to you all pay­ments which we have received from you–including the deliv­ery costs (with the excep­tion of the addi­tion­al costs which are incurred as the result of the fact that you have select­ed anoth­er type of deliv­ery than the cheap­est stan­dard deliv­ery which we offer)–promptly and by no lat­er than with­in 14 days after the day on which we receive the noti­fi­ca­tion of your revo­ca­tion of this agree­ment. For this repay­ment, we shall use the same pay­ment method which you used dur­ing the orig­i­nal trans­ac­tion unless some­thing else was express­ly agreed with you; in no case shall you be charged fees for this repay­ment. We may refuse to make the repay­ment until we have received the goods back or you have pro­vid­ed doc­u­men­ta­tion that you have sent the goods back based upon which occurs ear­li­er.
You must send the goods back to us, or sur­ren­der them to us, prompt­ly and in any case by no lat­er than with­in 14 days after the day on which you have noti­fied us of the revo­ca­tion of the agree­ment. The dead­line shall be con­sid­ered to have been met if you send the goods before the time­frame of 14 days laps­es.
You shall assume the direct costs for the return ship­ment of the goods.
You must pro­vide com­pen­sa­tion for any loss in val­ue of the goods only if this loss of val­ue is attrib­ut­able to your han­dling of the goods which was not required in order to exam­ine the work­man­ship, qual­i­ty fea­tures and func­tion­al­i­ties of the goods.(3) Exclu­sion of the Right of Revo­ca­tion
The right of revo­ca­tion shall not be valid for agree­ments for the deliv­ery of goods which are not pre­fab­ri­cat­ed and for whose man­u­fac­ture an indi­vid­ual selec­tion or deter­mi­na­tion upon your part is pre­vail­ing or the goods have been clear­ly cus­tomised to your per­son­al require­ments (§ 312g Para. 2 No. 1 BGB [Ger­man Civ­il Code]).
The here­in-reg­u­lat­ed right of revo­ca­tion shall not be valid for entre­pre­neurs.
— End of the Revo­ca­tion Instruc­tions -

§ 4 Patent Rights and Copyrights

(1)
We reserve all own­er­ship rights and copy­rights to cir­cuit dia­grammes, drafts, spec­i­fi­ca­tions as well as all prod­ucts that we have man­u­fac­tured our­selves (design, struc­ture, pro­duc­tion method, fea­tures and func­tion) or any oth­er prod­ucts that we have mod­i­fied and/or sup­ple­ment­ed. The effec­tive pro­vi­sions of the Ger­man Patent Act as well as the Ger­man Copy­right Act shall be valid.

(2)
With­out our express writ­ten con­sent, doc­u­ments regard­ing the afore­men­tioned prod­ucts and goods may not be made avail­able to third par­ties. This shall not be valid if the resale of the prod­ucts and goods is done dur­ing prop­er busi­ness deal­ings.

§ 5 Prices, Payment, Right of Retention, Offsetting

(1)
The agreed prices shall be under­stood to be via deliv­ery ex ware­house plus the statu­to­ry VAT that is valid in the Fed­er­al Repub­lic of Ger­many, but nonethe­less with­out ship­ping and/or trans­port costs, instal­la­tion, train­ing or oth­er ancil­lary ser­vices inso­far as noth­ing to the con­trary has been agreed in writ­ing. You can find an overview of the ship­ping costs at Costs for the Deliv­ery of Goods.

(2)
The prices for prod­ucts that are not avail­able at the time that the order is made shall be based on non-bind­ing data from the sup­pli­ers or man­u­fac­tur­ers and may change before out­go­ing deliv­ery is made. The prod­ucts can be ordered at the indi­cat­ed price. How­ev­er, both the price and the deliv­ery date can­not be guar­an­teed by us to be bind­ing so that price changes are also pos­si­ble even for prod­ucts that have already been ordered. In the case that changes are made, we shall con­sult with the Cus­tomer before imple­ment­ing the order. In the case that the Cus­tomer should not agree with the changes, he shall be enti­tled to a right of rescis­sion.

(3)
The pay­ment for the goods shall be made in accor­dance with the pay­ment meth­ods rec­om­mend­ed dur­ing the order­ing process, but at least against advance pay­ment and cash on deliv­ery and in accor­dance with the terms and con­di­tions spec­i­fied there­in. Con­tin­gent upon the results of the exam­i­na­tion of the Customer’s data (iden­ti­ty ver­i­fi­ca­tion and cred­it check), we reserve the right to exclude cer­tain pay­ment meth­ods.

(4)
Except in the cas­es of cash on deliv­ery or pay­ment on account, the Cus­tomer shall be oblig­ed to make advance pay­ment. t. In this case, the pay­ment shall become payable upon the con­clu­sion of the con­trac­tu­al agree­ment and receipt of the invoice or the set of invoic­es. In the cas­es of cash on deliv­ery and pay­ment on account, the pay­ment shall become payable upon the receipt of the goods and the invoice or the set of invoic­es. Any dis­counts shall be stat­ed on the invoice and may be claimed only dur­ing the pre­scribed time­frame. Any oth­er rebates, etc. shall require a writ­ten agree­ment.

(5)
The Cus­tomer shall be con­sid­ered to have entered into default by no lat­er than 30 days after the invoice or the set of invoic­es becomes payable and is received. In the case of pay­ment default, pay­ment default inter­est in the amount of the respec­tive­ly valid statu­to­ry inter­est rate shall be charged. We reserve the right to assert claims for high­er pay­ment default dam­ages.

(6)
In the case that a par­tial pay­ment has been agreed, the entire pur­chase price shall auto­mat­i­cal­ly become payable if the Cus­tomer is late with an instal­ment pay­ment by more than 14 days. The pay­ment of an instal­ment pay­ment shall always be con­sid­ered to be the accep­tance of our offer to make instal­ment pay­ments.

(7)
The costs which are incurred as the result of the reverse book­ing of a pay­ment trans­ac­tion owing to a lack of funds or owing to incor­rect data pro­vid­ed by the Cus­tomer shall be charged to the Cus­tomer.

(8)
The accep­tance of bills of exchange and checks shall always be made only for pay­ment sat­is­fac­tion pur­pos­es. All actu­al debt col­lec­tion expens­es shall be charged to the Cus­tomer.

(9)
For par­tial deliv­er­ies which we have affect­ed or offered, any sub­se­quent deliv­er­ies shall be made with­out our charg­ing any ship­ping costs. For spe­cial Cus­tomer requests regard­ing the allo­ca­tion of the deliv­ery, the ship­ping costs for each par­tial deliv­ery shall also be charged.

(10)
The Cus­tomer shall be enti­tled to a right of reten­tion only inso­far as it is based upon the same con­trac­tu­al rela­tion­ship. The reten­tion of pay­ments by the Cus­tomer that are based upon coun­ter­claims from oth­er con­trac­tu­al rela­tion­ships shall be exclud­ed.
The Cus­tomer may off­set only with coun­ter­claims which are either undis­put­ed or have been legal­ly upheld.

§ 6 Delivery

(1)
The deliv­ery of the goods shall be made to the Customer’s des­ig­nat­ed deliv­ery address.

(2) The deliv­ery time­frame shall begin to run on the day that the order con­fir­ma­tion is received. If the Cus­tomer is oblig­ed to make advance pay­ment, the ser­vice time­frames or deliv­ery time­frames stat­ed in the offers shall be con­tin­gent on the con­di­tion that the Cus­tomer has made pay­ments prompt­ly after the con­clu­sion of the con­trac­tu­al agree­ment.

(3)
If the Cus­tomer is an entre­pre­neur, then the deliv­ery time­frame shall be con­sid­ered to have been met if the deliv­ery object has left the ware­house or the readi­ness for ship­ment has been announced to the Cus­tomer before this time­frame laps­es.

(4)
The stat­ed deliv­ery time­frames shall not be con­sid­ered to be fixed time­frames. The agree­ment on a fixed time­frame must be in writ­ing.

(5)
In the case of a non-deliv­ery by one of our sub-sup­pli­ers which are not fore­see­able for us and for which we are not respon­si­ble, we shall be enti­tled to with­draw from the con­trac­tu­al agree­ment. In this case, we shall prompt­ly noti­fy the Cus­tomer of the non-avail­abil­i­ty of the goods and reim­burse him for the pay­ments which he has already made. In our deal­ings with con­sumers, the right shall exist only inso­far as we have con­clud­ed a con­gru­ent cov­er­ing trans­ac­tion and deliv­ery has unfore­see­ably not been made by the sup­pli­er. Dam­age com­pen­sa­tion claims upon the part of the Cus­tomer shall be exclud­ed inso­far as we have act­ed nei­ther with gross neg­li­gence nor with inten­tion­al wrong­do­ing with regards to the non-avail­abil­i­ty.

(6)
In the case of force majeure and oth­er unfore­see­able and extra­or­di­nary cir­cum­stances for which we are not at fault, e.g. oper­a­tional dis­rup­tions caused by fire, water and sim­i­lar cir­cum­stances; the mal­func­tion­ing of pro­duc­tion equip­ment and machines; strikes and lock-outs; short­ages in mate­ri­als, ener­gy and trans­port options; gov­ern­men­tal inter­ven­tions, the deliv­ery time­frame shall be extend­ed by an appro­pri­ate time­frame if we are hin­dered from the time­ly ful­fil­ment of our oblig­a­tions by these cir­cum­stances. This shall also be valid if such cir­cum­stances affect our sub-sup­pli­ers. We shall noti­fy the Cus­tomer of the delayed deliv­ery. In the case that the delays are unrea­son­able to the Cus­tomer against doc­u­men­ta­tion, the Cus­tomer shall be enti­tled to a right of rescis­sion.

(7)
The Cus­tomers can send gen­er­al ques­tions regard­ing deliv­ery time­frames in writ­ing via e‑mail to their per­son­al con­tact per­son or to or via fax to 02056/ 9811 31.

§ 7 Transfer of Risk, Assignment Ban

(1)
The risk shall be trans­ferred to the Cus­tomer as soon as the ship­ment has been hand­ed over to the per­son imple­ment­ing the trans­port or the goods have left our oper­a­tional premis­es for ship­ment. This shall be valid only sub­ject to the addi­tion­al require­ments that the Cus­tomer has com­mis­sioned the trans­port per­son or the ship­ping com­pa­ny and we have not des­ig­nat­ed this trans­port per­son or ship­ping com­pa­ny to the Cus­tomer before­hand. Oth­er­wise, risk shall only then be trans­ferred upon the han­dover of the goods to the Cus­tomer.
This shall also then be valid if par­tial deliv­er­ies are made.

(2)
If the Cus­tomer is an entre­pre­neur, the risk shall be trans­ferred to him as soon as the ship­ment has been hand­ed over to the per­son imple­ment­ing the trans­port or the goods have left our oper­a­tional premis­es for ship­ment and indeed also then if par­tial deliv­er­ies are made.

(3)
The Cus­tomer shall not be enti­tled to assign his claims from the con­trac­tu­al agree­ment. This shall not be valid if this con­cerns a mon­e­tary claim and the Cus­tomer is an entre­pre­neur in accor­dance with the HGB.

§ 8 Extended Reservation of Ownership

(1)
All our deliv­er­ies shall be made sub­ject to extend­ed reser­va­tion of own­er­ship. The own­er­ship shall only then be trans­ferred to the Cus­tomer if we have had all of our claims set­tled from the Deliv­ery Agree­ment as well as such claims which are in con­junc­tion with the pur­chased object. If the buy­er is an entre­pre­neur, then the own­er­ship shall be trans­ferred to him when he has set­tled all of his lia­bil­i­ties from the busi­ness rela­tion­ship with us. For pay­ment made by check, the own­er­ship shall be trans­ferred upon the redemp­tion of the check.

(2)
Any pro­cess­ing or han­dling shall always be done for us as the man­u­fac­tur­er in accor­dance with § 950 BGB with­out our incur­ring any oblig­a­tions in this regard. If the goods are processed or com­bined with oth­er goods, we shall in prin­ci­ple be enti­tled to a co-own­er­ship stake in the new goods. If the goods are processed, we shall receive an own­er­ship stake based upon the pro­por­tion­al val­ue of the val­ue of the goods sub­ject to the reser­va­tion of own­er­ship to the val­ue of the new goods; if the goods are com­bined, we shall be enti­tled to an own­er­ship stake based upon the pro­por­tion­al val­ue of the val­ue of the goods sub­ject to the reser­va­tion of own­er­ship to the val­ue of the oth­er goods. If the Cus­tomer should become the sole own­er, he shall already now grant us the co-own­er­ship based upon the val­ue of the reserved goods and shall store the goods upon a free-of-charge basis for us. If the goods cre­at­ed through the pro­cess­ing or com­bin­ing are resold, then the advance assign­ment agreed below shall be valid only in the amount of the val­ue of the reserved goods.

(3)
The pledg­ing or assign­ment by way of secu­ri­ty of the goods shall be for­bid­den before the final pay­ment is made. A resale shall be per­mit­ted only with­in the para­me­ters of ordi­nary busi­ness deal­ings. In the case of the resale of the reserved goods, the Cus­tomer shall already now assign his pur­chase price pay­ment claims to us. We here­by accept this assign­ment so that we shall be enti­tled to col­lect the pay­ment claims.

(4)
The Cus­tomer shall be oblig­ed to insure our reserved goods dur­ing resale against any poten­tial bad debt risk.

(5)
If the Cus­tomer is late with a payment–in whole or in part, he dis­con­tin­ues his pay­ments or jus­ti­fied doubt oth­er­wise exists regard­ing his abil­i­ty to pay or his will­ing­ness to pay, then he shall no longer be enti­tled to dis­pose of the goods. In such a case, we may assert the rights from § 449 BGB and/or revoke the Customer’s autho­ri­sa­tion to col­lect the debt from the recip­i­ent of the goods. We shall then be enti­tled to demand infor­ma­tion regard­ing the recip­i­ent of the goods, to noti­fy the recip­i­ent of the goods of the assign­ment of the pay­ment claim to us and to col­lect the pay­ment claims from the recip­i­ents of the goods. Upon our demand to do so, the Cus­tomer must prompt­ly noti­fy the third-par­ty debtor of the assign­ment.

(6)
Inso­far as the val­ue of all secu­ri­ty rights, to which we are enti­tled in accor­dance with these pro­vi­sions, exceeds the amount of all secured claims by more than 20 %, upon the Customer’s request, we shall release an appro­pri­ate por­tion of the secu­ri­ty rights.

(7)
Dur­ing the time­frame of the reser­va­tion of own­er­ship, the goods in our own­er­ship must be insured by the Cus­tomer against fire, water, van­dal­ism, theft and bur­glary at replace­ment val­ue. The rights from this insur­ance shall be assigned to us. We here­by accept this assign­ment.

(8)
The Cus­tomer must prompt­ly noti­fy us of any manda­to­ry debt col­lec­tion mea­sures or oth­er third-par­ty claims to the reserved goods or the pay­ment claims assigned in advance and pro­vide the doc­u­ments required for an inter­ven­tion. Any inter­ven­tion costs shall be assumed by the Cus­tomer.

§ 9 Warranty Rights

(1)
The buyer’s claims owing to defects in the pur­chased goods shall be in accor­dance with the statu­to­ry pro­vi­sions with­in the statu­to­ri­ly-pre­scribed time­frames inso­far as noth­ing to the con­trary is pre­scribed in the fol­low­ing.

(2)
The Customer’s war­ran­ty claims shall be exclud­ed if he does not make noti­fi­ca­tion of obvi­ous defects with­in two weeks after han­dover is made. The time­ly send­ing of the noti­fi­ca­tion shall be suf­fi­cient. Any noti­fi­ca­tion of defects shall not affect the due date of the pur­chase price claim unless the announced defects have been acknowl­edged by us in writ­ing or have been legal­ly upheld. The war­ran­ty exclu­sion shall not be valid if the Cus­tomer is a con­sumer.

(3)
The assign­ment of claims for defects to third par­ties shall be exclud­ed. If the Cus­tomer sells the items sup­plied by us to third par­ties, he shall be for­bid­den from mak­ing ref­er­ence to us with regards to the relat­ed statu­to­ry and/or con­trac­tu­al claims for defects. This shall not be valid if the Cus­tomer is a con­sumer.

(4)
If the Cus­tomer pur­chas­es mul­ti­ple prod­ucts in a con­trac­tu­al agree­ment or he pur­chas­es a sys­tem of mul­ti­ple prod­ucts, then it shall be agreed upon the issuance of the order that a claim for a pur­chase price reduc­tion or rescis­sion of the con­trac­tu­al agree­ment shall in prin­ci­ple only then be valid for the indi­vid­ual device affect­ed by the defect, but not for all devices or the entire sys­tem unless the devices have been sold col­lec­tive­ly and the defec­tive device can­not be sep­a­rat­ed from the rest of the devices with­out this being detri­men­tal for the Cus­tomer.

(5)
Design and form mod­i­fi­ca­tions which are attrib­ut­able to improve­ments in the tech­nol­o­gy and/or to stan­dards imposed by the law­mak­ers shall con­sti­tute no defect. We reserve the right to make such mod­i­fi­ca­tions dur­ing the deliv­ery time­frame inso­far as the deliv­ery object has not been sub­stan­tial­ly altered or mod­i­fied and the changes are rea­son­able for the Cus­tomer. If the Cus­tomer doc­u­ments that the tol­er­a­tion of the changes is not rea­son­able for him, he shall be enti­tled to a right of rescis­sion.

(6)
The lia­bil­i­ty for dam­ages which are cre­at­ed through improp­er mod­i­fi­ca­tions, inter­ven­tions or repair attempts by the Cus­tomer or third par­ties shall be exclud­ed. This shall in any case then be valid if the Cus­tomer has caused the defect through his con­duct. Oth­er­wise, we shall be liable in accor­dance with the afore­men­tioned pro­vi­sions.
More­over, we shall not be liable for the cus­tom­ary wear-and-tear of the goods as well as for defects which have been cre­at­ed through flawed or neg­li­gent han­dling or ser­vic­ing by the Cus­tomer and/or owing to extra­or­di­nary oper­a­tional con­di­tions.

§ 10 Warranty

(1)
If the Cus­tomer has been grant­ed a war­ran­ty beyond the statu­to­ry claims for defects, then he can–subject to any devi­at­ing writ­ten agree­ment from this warranty–derive no claims for rescis­sion, pur­chase price reduc­tion or dam­age com­pen­sa­tion, but rather only claims for rec­ti­fi­ca­tion. He shall also be enti­tled to no claim for a free-of-charge exchange for new goods or for a replace­ment device for the repair time­frame.

(2)
The war­ran­ty time­frame shall begin to run upon the han­dover of the goods to the Cus­tomer and shall nei­ther be sus­pend­ed owing to the rec­ti­fi­ca­tion nor shall the war­ran­ty time­frame begin to run anew. Nonethe­less, any already-exist­ing statu­to­ry claims shall not be affect­ed by this pro­vi­sion.

(3)
Any inter­ven­tions by the Cus­tomer, the con­sumer or the end con­sumer into the devices, unau­tho­rised repair attempts or break­ing the device seal shall result in the imme­di­ate retroac­tive for­fei­ture of the war­ran­ty. With­out this hav­ing to be request­ed, the Cus­tomer and/or the reseller must noti­fy the third-par­ty debtor and/or end con­sumer of this.

§ 11 Liability

(1)
We shall be liable only for con­trac­tu­al vio­la­tions based upon gross neg­li­gence and inten­tion­al wrong­do­ing as well as for the cul­pa­bly-caused loss of life, phys­i­cal injury or dam­age to health in accor­dance with the statu­to­ry pro­vi­sions. Oth­er­wise, lia­bil­i­ty shall be exclud­ed.

(2)
If the Cus­tomer is a con­sumer, in the case of sim­ple neg­li­gence, we shall be liable only for the vio­la­tion of essen­tial con­trac­tu­al oblig­a­tions. The lia­bil­i­ty to pay dam­age com­pen­sa­tion shall then be lim­it­ed to the fore­see­able dam­ages which typ­i­cal­ly occur in com­pa­ra­ble cas­es.

(3)
If the Cus­tomer is an entre­pre­neur, in the case of our con­trac­tu­al vio­la­tions which are not based upon inten­tion­al wrong­do­ing, our lia­bil­i­ty shall be lim­it­ed to the dam­ages which are fore­see­able upon the con­clu­sion of the con­trac­tu­al agree­ment. In the case of sim­ple neg­li­gence, we shall be liable only for the vio­la­tion of essen­tial con­trac­tu­al oblig­a­tions and this lia­bil­i­ty shall be restrict­ed to typ­i­cal­ly-fore­see­able dam­ages.

(4)
The lia­bil­i­ty in accor­dance with the pro­vi­sions of the Ger­man Prod­uct Lia­bil­i­ty Act shall remain unaf­fect­ed.

(5)
Inso­far as we are exclud­ed or restrict­ed from the lia­bil­i­ty to pay dam­age com­pen­sa­tion, this shall also be valid with regards to the per­son­al lia­bil­i­ty to pay dam­age com­pen­sa­tion upon the part of our salaried per­son­nel, work­ers, employ­ees, rep­re­sen­ta­tives and vic­ar­i­ous agents.

§ 12 Rescission

If essen­tial dete­ri­o­ra­tions occur in the Customer’s finan­cial cir­cum­stances which jus­ti­fy doubt in his sol­ven­cy, we shall be enti­tled to set the Cus­tomer an appro­pri­ate exten­sion peri­od for the ren­der­ing of advance pay­ments or the pro­vi­sion of secu­ri­ty. After the fruit­less laps­ing of the exten­sion peri­od, we shall be enti­tled to with­draw from the agree­ment and with­hold any deliv­er­ies and ser­vices

§ 13 Data Protection

The col­lec­tion, pro­cess­ing and stor­age of the Customer’s per­son­al data shall be done in accor­dance with the pro­vi­sions of the Bun­des­daten­schutzge­setz [Ger­man Data Pro­tec­tion Act] (BDSG) and the Gen­er­al Data Pro­tec­tion Reg­u­la­tion (GDPR).
You can find the cor­re­spond­ing Data Pro­tec­tion Dec­la­ra­tion here.

§ 14 Place of Performance, Legal Venue, Applicable Law

(1)
For agree­ments with entre­pre­neurs, the place of per­for­mance for pay­ments and deliv­er­ies shall be agreed to be our com­mer­cial res­i­dence, HIDREX GmbH, Otto-Hahn-Str. 12, 42579 Heili­gen­haus.

(2)
Inso­far as the Cus­tomer is an entre­pre­neur or has no res­i­dence with­in the Euro­pean Union, Wup­per­tal shall be the sole legal venue for all dis­putes aris­ing between the con­trac­tu­al parties–including for law­suits regard­ing bills of exchange and checks–subject to the pro­vi­so that we are also enti­tled to take legal action against the Cus­tomer in his legal venue.

(3)
Exclu­sive­ly Ger­man law shall be valid sub­ject to the exclu­sion of the pro­vi­sions of the Unit­ed Nations Con­ven­tion on Con­tracts for the Inter­na­tion­al Sale of Goods.

§ 15 Changes, Ancillary Agreements, Severability Clause

(1)
Any sup­ple­ments, changes and ancil­lary agree­ments must be in writ­ing in order to be effec­tive. The same shall be valid for the waiv­er of this writ­ten form require­ment.

(2)
It shall be agreed to replace the invalid pro­vi­sion with that valid pro­vi­sion which cor­re­sponds, or most close­ly cor­re­sponds, to the sense and pur­pose of the invalid pro­vi­sion. Anstelle der unwirk­samen Bes­tim­mung gilt diejenige wirk­same Bes­tim­mung als vere­in­bart, welche dem Sinn und Zweck der unwirk­samen Bes­tim­mung entspricht oder am näch­sten kommt.

§ 16 Information in accordance with § 36 Verbraucherstreitbeilegungsgesetz [German Consumer Dispute Resolution Act] (VSBG)

We here­by wish to inform you that, in accor­dance with § 36 Para. 1 No. 1 VSBG, we are not will­ing or oblig­ed to par­tic­i­pate in dis­pute res­o­lu­tion pro­ceed­ings before a con­sumer arbi­tra­tion tri­bunal.