General terms and conditions
Contracting partner
These general terms and conditions (GTC) are the basis between the customer and
Heyne Fahrzeugbau GmbH
Mühlenhagen 158-160
20539 Hamburg
Subject matter of the contract
This contract regulates the sale of goods and services in the areas of vehicle construction, furniture construction and vehicle equipment from the supplier. Based on the details of the respective offer, reference is made to the product description on the offer page.
Conclusion of contract
The contract is concluded via means of remote communication, such as telephone and e-mail. The offers presented represent a non-binding request to submit an offer through the customer order, which the provider can then accept.
The ordering process for concluding the contract comprises the following steps:
• Call the order hotline/send the order email
• Confirmation email/ sending of the purchase contract
When the signed purchase contract is sent, the contract is concluded.
Contract duration
The total price is calculated based on expenditure in accordance with the offer.
The buyer can only oppose the seller's purchase price claim with an undisputed
or offset legally established counterclaim.
Retention of title
The delivered goods remain the property of the provider until full payment has been made.
caveats
The provider reserves the right not to provide the promised service in the event of unavailability.
Prices, shipping costs, return costs
All prices are final prices.
Payment terms
After receipt of the invoice, which contains all details for the transfer and is sent by email, the invoice amount must be transferred in advance to the account specified there. The customer is obliged to deposit or transfer the amount shown to the account specified on the invoice within 14 days of receipt of the invoice. Payment is due in full from the date of the invoice. After expiry of the payment period, which is therefore determined by calendar, the customer is in default even without a reminder. The customer's right of retention, which is not based on the same contractual relationship, is excluded.
warrant
If the customer is an entrepreneur, the warranty period for new goods is limited to one year. The provider is acknowledged that he can choose between repair or new delivery himself if the goods are new and the customer is an entrepreneur. If the customer is an entrepreneur, the warranty for second-hand goods is excluded. If the customer is a consumer, the warranty period for used goods is limited to one year. This does not apply to claims for damages by the customer due to injury to life, body, health or essential contractual obligations, which must necessarily be fulfilled in order to achieve the contract objective. This also does not apply to claims for damages following grossly negligent or intentional breach of duty by the provider or his legal representative or vicarious agent. In all other respects, the legal regulations apply.
Contract drafting
The risk of accidental loss of the motor vehicle is transferred from the seller to the buyer when ownership is transferred.
Right of Withdrawal and Customer Service
Withdrawal policy
Right of Withdrawal
You have the right to cancel this contract within fourteen days without giving reasons.
The withdrawal period is fourteen days from the date
o In the case of a sales contract: in which you or a third party named by you, who is not the carrier, has or has taken possession of the last goods.
o In the case of a contract for several goods which the consumer has ordered as part of a single order and which are delivered separately: to which you or a third party named by you, who is not the carrier, has or has taken possession of the last goods.
o In the case of a contract for the delivery of goods in several installments or pieces: in which you or a third party named by you, who is not the carrier, has or has taken possession of the last partial shipment or the last piece.
o In the case of a contract for regular delivery of goods over a specified period of time: when you or a third party named by you who is not the carrier has or has taken possession of the first goods.
When several alternatives come together, the last point in time is decisive.
In order to exercise your right of withdrawal, you must inform us of your decision to cancel this contract by means of a clear statement (e.g. a letter sent by post or email).
Individual custom-made products are excluded from cancellation. This also includes vehicles that have been configured and are being expanded on behalf of customers.
To meet the withdrawal period, it is sufficient that you send the notification that you have exercised your right of withdrawal before the withdrawal period has expired.
Consequences of withdrawal
If you cancel this contract, we will reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheap standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we receive notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used for the original transaction, unless something else has been expressly agreed with you; under no circumstances will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to Heyne Fahrzeugbau GmbH, Bundesstraße 5, 21493 Elmenhorst immediately and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling them that is not necessary to check the nature, properties and functioning of the goods.
End of cancellation policy
Takeover conditions
The buyer has the obligation to check the object of purchase immediately after taking over. Any defects must be reported immediately in writing. If the complaint is not received upon delivery, the goods are considered to have been accepted in perfect condition.
liability
If, on the basis of legal provisions in accordance with these conditions, the seller has to pay for damage caused by slight negligence, the seller has limited liability; liability exists only in the event of a breach of essential contractual obligations and is limited to the typical damage foreseeable at the time of conclusion of the contract. This restriction does not apply in the event of injury to life, body or health. Insofar as the damage is covered by insurance taken out by the buyer for the claim in question (excluding summary insurance), the seller is only liable for any associated disadvantages on the part of the buyer, e.g. higher insurance premiums or interest rate reductions until claims are settled by the insurance company. We are not liable for damage caused by slight negligence due to a defect in the purchased item.
Irrespective of fault on the part of the seller, any liability of the seller in the event of fraudulent concealment of the defect, from the assumption of a guarantee or a procurement risk and under the Product Liability Act remains unaffected.
The personal liability of the seller's legal representatives, vicarious agents and employees for damage caused by them as a result of slight negligence is excluded.
Claims for damages arising from impossibility of performance, from positive breach of contract, from fault in the conclusion of the contract and from tort, are excluded both against the seller, against their legal representatives and against their vicarious agents, unless there is intentional or grossly negligent action.
Liability for normal wear and tear is excluded, in particular in the case of parts subject to wear and tear.
If the vehicle extensions are purchased as a kit, the buyer is responsible for the proper and professional installation of the equipment. Claims for damage are excluded.
Prohibition of assignment and pledging
Claims or rights of the customer against the provider may not be assigned or pledged without the latter's consent, unless the customer has demonstrated a legitimate interest in the assignment or pledge.
Language, Jurisdiction, and Applicable Law
The contract is written in German. The further execution of the contractual relationship is carried out in German. Only the law of the Federal Republic of Germany applies. For consumers, this only applies to the extent that it does not restrict any legal provisions of the state in which the customer has his place of residence or habitual residence. The place of jurisdiction for disputes with customers who are not a consumer, legal entity under public law or a special fund under public law is the seat of the provider.
Data protection
In connection with the initiation, conclusion, processing and rescission of a purchase contract based on these terms and conditions, the provider collects, stores and processes data. This is done within the framework of legal regulations. The provider does not pass on any of the customer's personal data to third parties, unless he is legally obliged to do so or the customer has given his express consent beforehand. If a third party is used for services in connection with processing processes, the provisions of the Federal Data Protection Act are complied with. The data provided by the customer when ordering is processed exclusively to contact you within the framework of contract processing and only for the purpose for which the customer provided the data. The data will only be passed on to the shipping company, which will deliver the goods in accordance with the order, to the extent necessary. The payment details are passed on to the bank responsible for the payment. Insofar as the provider has retention periods under commercial or tax law, the storage of some data may take up to ten years. During a visit to the provider's online shop, anonymized data that does not allow and does not intend to draw conclusions about personal data, in particular the IP address, date, time, browser type, operating system and pages visited, are logged. At the customer's request, personal data will be deleted, corrected or blocked in accordance with legal regulations. Information about all of the customer's personal data is possible free of charge. For questions and requests for deletion, correction or blocking of personal data as well as collection, processing and use, the customer can contact the following address:
Heyne Fahrzeugbau GmbH
Mühlenhagen 158
20539 Hamburg
Salvatory clause
The invalidity of a provision of these terms and conditions has no effect on the effectiveness of the remaining provisions.