Terms and Conditions and Customer Information
I. General Terms and Conditions § 1 Basic Terms
(1) The following terms and conditions apply to all contracts that you conclude with us as a provider (Hügel GmbH) via the website www.civap.eu. Unless otherwise agreed, the inclusion of any of your own terms used by you is contradicted.
(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes which can be attributed to neither his commercial nor his independent professional activity. An entrepreneur is any natural or legal person or a legal partnership that, in the course of entering into a legal transaction, is exercising its independent professional or commercial activity.
§ 2 Conclusion of the contract
(1)The subject of the contract is the sale of goods.
Our offers on the Internet are not binding and no binding offer to conclude a contract.
(2) You can submit a binding purchase order (order) via the online shopping cart system.
The goods intended for purchase are stored in the “shopping cart”. Via the corresponding button in the navigation bar, you can call up the “shopping basket” and make changes there at any time. After opening the “Cashier” page and entering the personal data as well as the payment and shipping conditions, all order data will be shown on the order summary page. As far as you use the instant payment system “PayPal – Express” by clicking on the corresponding button in the shop system, you will be redirected to the login page of PayPal. After successful registration, your PayPal address and account information will be displayed. With the “continue” button you will be redirected back to our online shop on the order overview page.
Before submitting the order, you have the opportunity to review all information here again, to change (also via the function “back” of the Internet browser) or cancel the purchase.
By submitting the order via the button “order with payment” you submit a binding offer from us.
You will receive an automatic e-mail about the receipt of your order, which does not lead to the conclusion of the contract yet.
(3) The acceptance of the offer (and thus the conclusion of the contract) takes place within 2 days by confirmation in writing (eg e-mail), in which you the execution of the order or delivery of the goods is confirmed (order confirmation).
If you have not received a corresponding message, you are no longer bound to your order. Any services already provided will be reimbursed immediately in this case.
(4)Your inquiries for the preparation of an offer are not binding for you. We will make you a binding offer in writing (eg by e-mail), which you can accept within 5 days.
(5)The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You therefore have to ensure that the e-mail address you provide us with is correct, that the reception of the e-mails is technically ensured and, in particular, that no SPAM filters prevent this.
§ 3 Right of retention, retention of title
(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
(3) If you are an entrepreneur, the following applies in addition:
(a) We reserve the title to the goods until complete settlement of all claims arising from the current business relationship. Before transfer of ownership of the reserved goods, a pledge or security transfer is not permitted.
(b)You may resell the goods in the ordinary course of business. In this case, you already assign to us all claims in the amount of the invoice amount, which accrue to you from the resale, we accept the assignment. They are further authorized to collect the claim. If you do not properly meet your payment obligations, however, we reserve the right to collect the claim ourselves.
(c) In the case of combination and mixing of the reserved goods, we acquire co-ownership of the new item in proportion of the invoice value of the reserved goods to the other processed items at the time of processing.
(d) We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is our responsibility.
§ 4 Warranty
(1) The statutory warranty rights exist.
(2) Insofar as you are an entrepreneur, contrary to para. 1:
(a) The quality of the goods is only our own information and the product description of the manufacturer as agreed, but not other advertising, public charges and statements of the manufacturer.
(b)You are obliged to inspect the goods immediately and with due care for quality and quantity deviations and to notify us of obvious defects within 7 days from receipt of the goods in writing, to meet the deadline, the timely dispatch is sufficient. This also applies to later discovered hidden defects from discovery. In the event of a breach of the obligation to examine and to give notice of defects, the assertion of the warranty claims is excluded.
(c) In case of defects, we shall provide warranty at our discretion by repair or replacement. If the defect elimination fails, you can request a reduction or withdraw from the contract at your discretion. The elimination of defects shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the item or the defect or the other circumstances indicate otherwise. In the case of repair, we do not have to bear the increased costs incurred by the shipment of the goods to a place other than the place of performance, provided that the shipment does not correspond to the intended use of the goods.
(d) The warranty period is one year from delivery of the goods. The shortened warranty period shall not apply to culpably caused damages caused by injury to life, limb or health and grossly negligent or intentionally caused damages or malice, as well as to recourse claims according to §§ 478, 479 BGB.
§ 5 Liability
(1) We are fully liable for damages resulting from injury to life, limb or health. Furthermore, we are liable without limitation in all cases of intent and gross negligence, fraudulent concealment of a defect, assumption of warranty for the nature of the object of purchase and in all other legally regulated cases.
(2) The liability for defects within the scope of the legal warranty is governed by the corresponding provision in our Customer Information (Part II) and General Terms and Conditions (Part I).
(3)If material contractual obligations are affected, our liability for slight negligence shall be limited to the contractually typical, foreseeable damage. Significant contractual obligations are essential obligations that arise from the nature of the contract and whose breach would jeopardize the achievement of the purpose of the contract and obligations that the contract imposes on us according to its content for the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible and whose compliance you can regularly trust.
(4) Liability for slightly negligent breaches of duty is excluded in the case of breach of insignificant contractual obligations.
(5) Data communication over the Internet can not be guaranteed error-free and / or available at all times according to the current state of the art. We are not liable for the continuous or uninterrupted availability of the website and the services offered there.
§ 6 Choice of law, place of performance, place of jurisdiction
(1)German law applies. For consumers, this choice of law applies only insofar as this does not remove the protection afforded by mandatory provisions of the law of the state of the consumer’s habitual residence (favorable principle).
(2) Place of performance for all services from our existing business relationships and jurisdiction is our headquarters, as far as you are not a consumer, but a merchant, a legal entity under public law or public special assets. The same applies if you do not have a general place of jurisdiction in Germany or the EU or your domicile or habitual residence is not known at the time the complaint is filed. The right to appeal to the court at another statutory place of jurisdiction remains unaffected.
(3) The provisions of the UN Sales Convention explicitly do not apply.
II. Customer information
1. Identity of the seller
Am Alten Bach 18
Telephone: +49 (0) 2137 916 6891
2. Information about the conclusion of the contract
The technical steps to conclude the contract, the conclusion of the contract itself and the correction options are made in accordance with § 2 of our General Terms and Conditions (Part I.).
3. Contract language, contract text storage
3.1. Contract language is German.
3.2. The complete contract text will not be saved by us. Before submitting the order via the online shopping cart system, the contract data can be printed out or saved electronically using the browser’s print function. Once the order has been received by us, the order data, the legally required information for distance contracts and the general terms and conditions will be sent to you by e-mail.
3.3. In the case of requests for quotations outside the online shopping cart system, you will receive all contract data by e-mail as part of a binding offer, which you can print or electronically save.
4. Essential features of the product or service
The main features of the product and / or service can be found in the item description and the supplementary information on our website.
5. Prices and Payment Methods
5.1.The prices listed in the respective offers as well as the shipping costs are total prices. They include all price components including all applicable taxes.
5.2. The shipping costs are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective article description, will be shown separately during the ordering process and must be borne by you in addition, unless the delivery free of charge has been promised.
5.3. The payment methods available to you are shown under a corresponding button on our website or in the respective item description.
5.4. Unless otherwise stated in the individual payment methods, the payment entitlements under the contract are immediately due for payment.
6. Terms of delivery
6.1. The terms of delivery, the delivery date and any existing delivery restrictions can be found under a corresponding button on our website or in the respective item description.
6.2. Insofar as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the goods sold during shipment will only be transferred to you upon transfer of the goods, irrespective of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not designated by the entrepreneur or any other person designated to carry out the shipment.
Are you an entrepreneur, the delivery and shipment takes place at your risk.
7. Legal Liability Right
7.1. The liability for defects for our goods is governed by the regulation “Warranty” in our General Terms and Conditions (Part I).
7.2. As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and damage in transit and to notify us and the freight forwarder of complaints as soon as possible. If you do not comply with this, this does not affect your statutory warranty claims.