GTCs
General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic provisions
(1) The following terms and conditions shall apply to all contracts that you conclude with us as a supplier (Herbrand GmbH) via the website www.herbrand24.com or via other means of distance communication, unless otherwise agreed in writing between the parties. Deviating or conflicting terms and conditions shall only be effective with our express consent.
(2) We only offer our goods for sale if you are a natural or legal person or a partnership with legal capacity that is exercising its commercial or independent professional activity when concluding the legal transaction (entrepreneur). The conclusion of a purchase contract with consumers is excluded.
§ 2 Registration as a customer
(1) Registration as a customer is required to purchase our goods. This is free of charge and does not lead to any obligations. As part of the registration process, a customer account will be set up under the user name and password you have chosen.
You are obliged to provide truthful information during the registration process.
Upon request, we will immediately delete the transmitted data and the customer account.
(2) After submitting the registration and proving your entrepreneurial status, you will receive an e-mail confirming the activation of your account.
The access data for using our website (login) must be kept secret.
§ 3 Conclusion of the contract
(1) The subject of the contract is the sale of goods. The essential characteristics of the goods can be found in the respective offer.
(2) Our offers on the Internet are non-binding and do not constitute a binding offer to conclude a contract.
(3) You can submit a binding purchase offer (order) via the online shopping basket system.
In doing so, you place the goods you intend to purchase in the "shopping basket" by clicking on the "Add to shopping basket" button. The "shopping basket" is displayed on the same shop page. You can make changes to the "shopping basket" at any time.
Before submitting the order, you have the option of checking all details again, changing them or cancelling the purchase. After clicking the "Buy now" button for the first time, you also have the option of cancelling the purchase by clicking the corresponding button.
You only submit a binding offer to us when you send the order by clicking the "Buy now" button again.
You will first receive an automatic e-mail about the receipt of your order, which does not yet lead to the conclusion of the contract.
(4) The acceptance of the offer (and thus the conclusion of the contract) takes place within 5 days by confirmation in text form (e.g. e-mail), in which the execution of the order or delivery of the goods is confirmed to you (order confirmation).
If you have not received a corresponding message within this period, you are no longer bound by your order. In this case, any services already rendered will be refunded immediately.
(5) Upon request, we will provide you with a customised offer, which will be sent to you in text form and to which we are bound for 5 days. You accept the offer with confirmation in text form.
(6) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partially automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.
§ 4 Prices, terms of payment and shipping costs
(1) Unless otherwise indicated, the prices stated in the respective offers are net prices. They do not include the statutory value added tax.
(2) If no shipping costs are shown separately in the online order process or in the respective offer, we will not charge you any shipping costs. Your shipping and bulky goods cost settings can be found in the shop under My area, sub-item My account
(3) You have the following payment options, unless otherwise stated in the online order process or in the respective offer:
Prepayment by bank transfer
Payment by SEPA direct debit
Payment by invoice
(4) Unless another payment deadline is stated on the invoice, the payment claims arising from the concluded contract are due for payment immediately.
(5) SEPA direct debit (basic and/or company direct debit)
When paying by SEPA direct debit, you authorise us to collect the invoice amount from the specified account by issuing a corresponding SEPA mandate.
The direct debit will be collected within 10 days of conclusion of the contract.
The deadline for sending the pre-notification is reduced to 5 days before the due date. You are obliged to ensure that your account has sufficient funds on the due date. In the event of a returned direct debit due to your fault, you must bear the bank charges incurred.
§ 5 Terms of delivery
(1) The expected delivery period is stated in the respective offer. Delivery dates and delivery periods are only binding if they have been confirmed by us in writing. In the case of payment in advance by bank transfer, the goods will only be dispatched after we have received the full purchase price and the shipping costs.
(2) If, contrary to expectations, a product ordered by you is not available despite the timely conclusion of an adequate covering transaction for a reason for which we are not responsible, you will be informed immediately of the unavailability and, in the event of cancellation, any payments already made will be refunded immediately.
(3) Shipment shall be at your risk. If you so wish the dispatch is carried out with appropriate transport insurance, whereby the resulting costs are to be borne by you.
(4) Partial deliveries are permissible and can be invoiced by us independently, provided that you are not charged additional costs for shipping.
(5) The manufacturer reserves the right to make changes to the design and shape, deviations in colour and changes to the scope of delivery during the delivery period, provided that the changes or deviations are reasonable for you, taking into account our interests. If we or the manufacturer use symbols or numbers to designate the order or the ordered object of purchase, no rights can be derived from this alone.
§ 6 Proof of export, export licence, entry certificate
(1) If a customer based outside the Federal Republic of Germany or its authorised representative collects goods and transports them to a foreign territory, our customer must provide us with the export certificate required for tax purposes. If this proof is not provided, the customer must pay the VAT rate applicable to deliveries within the Federal Republic of Germany based on the previous (net) invoice amount.
(2) The sale, resale and disposition of the deliveries and services as well as any associated technology or documentation may be subject to German EU and US export control law and, if applicable, the export control law of other countries. Resale to embargoed countries or to restricted persons or to persons who use or may use the goods and services militarily for NBC weapons or nuclear technology is not permitted. By placing the order, the customer declares conformity with such laws and regulations and that the goods and services will not be delivered directly or indirectly to countries that prohibit or restrict the import of these goods.
(3) For every tax-free intra-Community delivery of goods from Germany to another EU member state, our customer is obliged to provide us with proof of the actual arrival of the goods (confirmation of arrival) in accordance with § 7a and § 17c of the VAT Implementation Ordinance. The proof is provided by an e-mail generated by us, which is confirmed via the double opt-in procedure or on a form provided by us. If this proof is not provided, our customer must pay the VAT rate applicable to deliveries within the Federal Republic of Germany based on the previous (net) invoice amount.
§ 7 Warranty
(1) The warranty period is one year from delivery of the item. The shortening of the period shall not apply:
for culpably caused damage attributable to us arising from injury to life, limb or health and in the case of other damage caused intentionally or through gross negligence
insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item
in the case of items that have been used for a building in accordance with their normal use and have caused its defectiveness
in the case of statutory recourse claims that you have against us in connection with warranty rights.
(2) Only our own specifications and the manufacturer's product description shall be deemed agreed as the quality of the item, but not other advertising, public promotions and statements by the manufacturer.
(3) In the event of defects, we shall provide warranty at our discretion by repair or replacement. If the rectification of defects fails, you may, at your discretion, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after the second unsuccessful attempt, unless the nature of the item or defect or other circumstances indicate otherwise. In the event of rectification of defects, we shall not be obliged to bear the increased costs arising from the transport of the goods to a location other than the place of fulfilment, provided that the transport does not correspond to the intended use of the goods.
§ 8 Right of retention, retention of title
(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.
(2) The goods shall remain our property until the purchase price has been paid in full.
§ 9 Choice of law, place of fulfilment, place of jurisdiction
(1) German law shall apply.
(2) The place of fulfilment and place of jurisdiction is our registered office if you are a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU.
II Customer information
1. identity of the seller
Herbrand GmbH
Wettener Str. 18
47623 Kevelaer
Kevelaer, Germany
Phone: +49282392970460
E-mail: support@herbrand24.com
2. Information on the conclusion of the contract
The technical steps for the conclusion of the contract and the conclusion of the contract itself, as well as the correction options, are carried out in accordance with § 2 of our General Terms and Conditions (Part I).
3. Contract language, contract text storage
3.1 The contract language is German.
3.2 We do not store the complete text of the contract. Before sending the order or enquiry, the contract data can be printed out or saved electronically using the browser's print function.
last update: 19.04.2023