Terms and Conditions
EU Dispute Resolution Platform: http://ec.europa.eu/consumers/odr/
(Email address: info@heym-manufaktur.de)
Sales and Delivery Conditions HEYM Shop
1. Validity of our Sales and Delivery Conditions
By placing an order or accepting our deliveries, every purchaser acknowledges our contractual and delivery conditions as solely binding. The general terms and conditions of the customer only apply in addition to or instead of our conditions if they are explicitly recognized by us in writing. Notices of the customer's terms and conditions included in orders or recorded in typewritten form have no effect on us. Should individual provisions of these delivery conditions be or become ineffective, the validity of the remaining provisions shall not be affected. The content of the ineffective provisions is to be reinterpreted to the legally permissible extent in such a way that the economic success sought with the customer is achieved as far as possible. Alternatively, they are to be replaced by mutual agreements that ensure this success as far as possible. This also applies to collateral agreements and subsequent changes. Our conditions are also valid and solely binding for all future contracts unless new conditions are sent. We are entitled to assign our claims from deliveries and services for financing purposes.
2. Scope of Performance
The scope of performance is determined solely by our written order confirmation, other written agreements, and in accordance with these delivery conditions. Our offer documents, designs, cost estimates, etc., may only be used by the customer in connection with the delivery negotiations or the delivery contract and may not be reproduced or made accessible to third parties, either directly or indirectly. If a delivery contract is not concluded, the documents must be returned unsolicited. We generally sell ex-works. Requested shipping does not take place free of charge but from the factory loading station to the receiving station.
3. Delivery Period
Delay Delivery periods only begin on the date of the written order confirmation, provided that the customer has provided the documents and supplies to be procured by him by the agreed date, fulfilled all necessary formalities, and made agreed advance payments. The same applies to delivery dates. Delivery periods and dates are extended appropriately in the event of an impediment – including those of our suppliers – due to measures in the context of labor disputes as well as unforeseen or unavoidable obstacles. We are not responsible for delays caused by such obstacles, even if we were already in default when they occurred. In the event of the customer's delay in acceptance, we are entitled to demand compensation of 0.25% of the invoice amount per week commenced without proof of damage.
4. Transfer of Risk
Insurance The risk passes to the customer – even in the case of partial deliveries – upon handover, in the case of shipment, even if it is carried out by our means of transport or free of charge, at the time the shipment leaves our factory. The risk already passes to the customer – even in the case of partial deliveries – upon provision or notification of dispatch or acceptance readiness if the handover, dispatch, or acceptance is delayed or prevented for reasons for which we are not responsible. Shipping is carried out at our discretion. Partial shipments are permissible. We do not guarantee the cheapest transportation. Shipments are insured by us unless otherwise agreed, at the customer's expense.
5. Prices
Net prices in euros | Gross prices in euros including statutory VAT
Payment Our prices are understood, unless otherwise agreed, ex-works, excluding packaging and excluding VAT. The calculation of the prices valid on the day of delivery remains reserved. If the manufacture or modification of tools is necessary for the completion of an order, the costs will be charged separately. The tools always remain our property. Subsequent change requests will be charged additionally. Packaging will be charged at the lowest possible cost. If economically reusable packaging materials such as crates or similar packaging materials are returned free of charge within 30 days in good condition, with original signs and all packing materials, the packaging costs up to 13 will be credited. If the packing material is missing, a maximum of half will be refunded. Packaging for postal shipments will not be taken back. In the event of cessation of payment, application for composition or bankruptcy proceedings by the customer, granted discounts, credits, etc., become void. Payments must be made – unless otherwise agreed – within 30 days net from the invoice date. The corresponding VAT must be paid with the payment. If the payment deadline is exceeded, the customer is in default without a reminder, as far as legally permissible. We are entitled to demand default interest without special proof at the bank's gross interest rate valid at the place of delivery for current account credits. If information or other circumstances indicate a risk to our claims from the delivery contract, we are entitled, without any obligation to pay compensation, to withdraw from the contract while maintaining our claims from partial performances if the customer does not provide sufficient security within a period set by us.
Bills of exchange are only accepted as a means of payment with the corresponding written agreement. The possible acceptance of bills of exchange or checks is only as a conditional payment and without our obligation to assert bill or check rights. Fees are borne by the customer. The withholding of payments due to the customer's claims and offsetting with such counterclaims are excluded as far as legally permissible, insofar as these are disputed by us and not legally established. For deliveries and services to customers abroad, it is expressly agreed that all costs of legal action by us, in the event of the customer's default, both judicial and extrajudicial, are borne by the customer.
6. Retention of Title
All deliveries are made under retention of title according to § 455 BGB. The retention of title does not expire until all claims, including future ones, are settled. The processing and treatment of the reserved goods by the customer are always carried out on our behalf, but without obligation for us. The effectiveness of § 950 BGB is thereby excluded. For all cases of §§ 947, 948 BGB, the customer already now assigns his ownership or co-ownership rights to us and will then act as custodian for us. The new items take the place of the reserved goods. Finally, if the transfer of ownership to us is refused for any reason, the customer's possible claims from § 951 BGB are already now assigned to us. Rights of third parties that they have to other components of the new items remain unaffected. Sale outside the regular course of business, in particular, security transfers and pledges are prohibited. The customer must best repel all impairments of our rights by third parties and notify us immediately. The customer hereby assigns to us his claims from any resale of the reserved goods – in whatever condition – with all ancillary rights as security. As long as we do not exercise the right to collect the claims, the customer is entitled and obliged to do so and must immediately forward the collected amount to us. On request, the customer is obliged to inform his debtor of the claim transfer and provide us with all information necessary for the collection of the claim and make all claim documents available. If the value of the securities given to us (claim assignment and transfer of ownership) exceeds the total amount of our claims by more than 25%, we are obliged, at the customer's request, to reassign claims or grant co-ownership in the corresponding amount at our discretion. In the event of a contractual breach by the customer, especially in the event of default in payment, we are entitled to reclaim the goods, and the customer is obliged to surrender them. The same applies if enforcement measures are initiated against the customer, insolvency or composition proceedings are opened, or given acceptances are protested. The assertion of the retention of title and the seizure of the delivery items by us do not constitute withdrawal from the contract, provided the Installment Act does not apply.
7. Warranty
Liability For defects in our deliveries and services and the absence of warranted characteristics, we provide a warranty within the statutory warranty periods in such a way that we either rectify the defect free of charge or – if necessary – deliver a replacement, at our discretion, provided the defect is demonstrably based on circumstances from the time before the transfer of risk. Replaced parts become our property. The warranty is excluded if the customer carries out repair work without our consent or has it carried out by third parties. It also lapses if the customer does not give us the necessary time and opportunity for repair work. If we do not eliminate the defect by repair or replacement delivery even after setting and expiry of a reasonable grace period, although it could be eliminated, or if the repair or replacement delivery fails, the customer is entitled to demand the rescission of the contract regarding the defective items or, at his discretion, a reduction of the remuneration. Any further claims, especially for compensation for damages that did not occur on the delivery item itself, are excluded as far as legally permissible. In the event of an impossibility of performance for which we are responsible, the customer is entitled to withdraw from the contract. Any further liability, especially from suggestions, advice, instructions, and operating instructions given before or after the conclusion of the contract and from the breach of other contractual ancillary obligations as well as the law of tort – including our vicarious or performing agents – is excluded as far as legally permissible.
8. Place of Performance
Jurisdiction; Applicable Law The place of performance for the material services to be provided by us as well as for all monetary benefits is Gleichamberg. The exclusive place of jurisdiction – also for actions arising from bills of exchange and checks – is Meiningen. We are also entitled to sue at the customer's registered office. German law exclusively applies to all delivery contracts.
HEYM Jagdgewehr-Manufaktur GmbH, 98630 Römhild/OT Gleichamberg