Standard Business Terms and customer information
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts that you have with us as a supplier (HSRpro GmbH) via the Amazon internet platform. Unless otherwise agreed, the inclusion of any terms you may have used is contradicted.
(2) A consumer within the meaning of the following rules is any natural person who concludes a legal transaction for purposes that can not be attributed to his commercial or independent professional activity. An entrepreneur is any natural or legal person or a legal partnership that, when entering into a legal transaction, acts in the exercise of its independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) Subject of the contract is the sale of goods .
(2) If an item is placed by us on Amazon, the activation of the offer page on Amazon is a non-binding offer to conclude a purchase contract under the conditions contained on the item page (product description).
(3) You can submit a binding purchase offer (order) via the shopping cart system or the 1-click order function.
With the shopping cart system, the goods intended for purchase are placed in the "shopping cart".
After pressing the "Proceed to checkout" button and then entering all the requested data and selecting the payment method and shipping address, all order data are then displayed again on the order overview. Before sending the order, you have the option of checking and changing all the information or canceling the purchase using the browser's "back" function. By clicking the "buy now" button, you submit a binding offer to us.
When using the 1-Click order function, you have the option of placing the order directly from the product detail page or the product offer list.
Before placing your order, you can change the delivery address and – if provided – the number of items selected or cancel the purchase using the browser’s “back” function.
By clicking on the "Buy now with 1-Click®" or "Buy with 1-Click®" button, you submit a binding purchase offer (order).
(4) After submitting your order, you will receive an automatic email from Amazon confirming that we have received the offer. The order confirmation does not yet lead to the conclusion of a contract.
(5) The acceptance of the offer (and thus the conclusion of the contract) takes place via an e-mail from Amazon, in which the dispatch of the goods is confirmed by us. If you have not received a shipping confirmation within 2 days, you are no longer bound to your order. Any services already provided will be reimbursed immediately in this case.
(6) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out by e-mail partly automated. You therefore have to ensure that the e-mail address you provide us with is correct, that the receipt of the e-mails is technically ensured and, in particular, that no SPAM filters prevent this.
§ 3 Individually designed goods
(1) You provide us with the appropriate information, texts or files required for the individual design of the goods via the online ordering system or by e-mail at the latest immediately after the conclusion of the contract. Any of our specifications for file formats must be observed.
(2) You agree not to provide any data whose content violates the rights of third parties (in particular copyrights, naming rights, trademark rights) or violates existing laws. You expressly indemnify us against all third-party claims asserted in this context. This also concerns the costs of the legal representation required in this context.
(3) We do not check the transmitted data for correctness of the content and do not accept liability for errors.
(4) If specified in the respective item description, you will receive a correction template from us, which you must check immediately. If you agree with the draft, release the correction template for execution by countersigning it in text form (e.g. email).
The design work will not be carried out without your approval.
It is your responsibility to review the Correction Template for accuracy and completeness and to notify us of any errors. We assume no liability for errors that are not objected to.
§ 4 Right of Retention, Retention of title
(1) You can only exercise a right of retention, in so far as it concerns claims arising 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 also applies:
a) We reserve the ownership of the goods until complete settlement of all claims arising from the current business relationship. Before the transfer of ownership of the reserved goods, a pledge or security transfer is not permitted.
b) You can resell the goods in the ordinary course of business. In this case, you already now assign to us all claims in the amount of the invoice amount that 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.
§ 5 Warranty
(1) There are statutory liability for defects.
(2) As a consumer, you are requested to check the goods for completeness, obvious defects and transport damage immediately upon delivery and to notify us and the freight forwarder of any complaints as soon as possible. If you fail to do so, this has no effect on your statutory warranty claims.
(3) Insofar as a feature of the goods deviates from the objective requirements, the deviation shall only be deemed to have been agreed if you were informed of the same by us before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
(4) As far as you are an entrepreneur, deviating from the above warranty regulations applies:
a) Only our own information and the manufacturer's product description are deemed to be agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer.
b) In the event of defects, we guarantee, at our option, either repair or subsequent delivery. If the elimination of the defect fails, you can either request a reduction in price or withdraw from the contract. The rectification of defects is deemed to have failed after an unsuccessful second attempt, unless something else arises, in particular from the type of goods or the defect or other circumstances. In the event of repairs, we do not have to bear the increased costs that arise from the shipment of the goods to a location other than the place of performance, provided that the shipment does not correspond to the intended use of the goods.
c) The warranty period is one year from date of delivery. The reduction in time does not apply:
- culpably caused damage attributable to us from injury to life, body or health and other damage caused intentionally or with gross negligence;
- as far as we have fraudulently concealed the defect or have given a guarantee for the quality of the item;
- for things that have been used for a building in accordance with their normal use and have caused its defectiveness;
- In the case of legal recourse claims that you have against us in connection with warranty rights.
§ 6 Choice of law, place of performance, place of jurisdiction
(1) German law applies. For consumers, this choice of law applies only to the extent that 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) The place of performance for all services from the business relationships with us and the place of jurisdiction is our registered office, provided you are not a consumer but a merchant, legal entity under public law or special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is not known at the time the action is brought. The authority to appeal to the court at another legal 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
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), which can be accessed at ec.europa.eu/odr.
2. Information about the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions “Conclusion of the contract” in our General Terms and Conditions (Part I.).
3. Contract language, treaty text storage
3.1. Contract language is German.
3.2. We do not save the full text of the contract. Before sending the order, the contract data can be printed out or electronically saved using the browser's print function. After we have received the order, the order data, the information required by law for distance selling contracts and the general terms and conditions will be sent to you again by email.
4. Essential characteristics of the good or service
The essential characteristics of the goods and / or services can be found in the respective offer.
5. Price and payment methods
5.1. The prices quoted 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 labeled button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you in addition, unless free delivery has been promised.
5.3. If the delivery to countries outside the European Union, we may be responsible for other costs, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of the credit institutions), which are to be borne by you.
5.4. Any costs incurred for the transfer of money (transfer or exchange rate fees of the credit institutions) are to be borne by you in cases in which the delivery is made to an EU member state, but the payment has been initiated outside the European Union.
5.5. The payment methods available to you - direct debit (direct debit) or credit card - are shown under a correspondingly designated button on our website or in the respective offer.
The payment processing takes place via the payment system - Amazon Payments - from Amazon. Your bank account or credit card will be debited after the goods have been shipped.
5.6. Unless otherwise stated in the individual payment methods, the payment entitlements under the contract are immediately due for payment.
6. Delivery terms
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 offer.
Unless a different period is specified in the item description or under "Shipping costs" in the table of shipping costs, the goods will be delivered within 3-5 days after conclusion of the contract (if advance payment has been agreed, however, only after the date of your payment instruction).
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 carrier not designated by the entrepreneur or any other person designated to carry out the shipment.
Are you an entrepreneur, supply and shipment is at your risk.
7. Statutory warranty rights
Liability for defects is based on the “Warranty” provision in our General Terms and Conditions (Part I).
last update: 01.01.2022