Terms and conditions

General Business Terms and Conditions for Consumer

As of August 2010

1. Conclusion of a Contract
1.1 All of our offers and order confirmations as well as the delivery of goods and services are based exclusively on our General Business Terms and Conditions. Third-party business terms and conditions only apply if they were expressly accepted by us in writing.
1.2 Our offers are subject to change without notice. The product descriptions found in the online shop at www.thpg.de are provided in order for the customer to submit a binding offer to purchase.
1.3 Contracts with us are concluded when the customer submits an order through the ordering system integrated into the online shop at www.thpg.de and we send an order confirmation to the customer via e-mail, but no later than when the customer accepts the goods without reservation. We have the right to accept the customer’s offer within 5 working days after receiving the order. Shipping the goods that were ordered within this period is equivalent to acceptance of the offer.
1.4 The order placed in electronic form (consisting of order data and the General Business Terms and Conditions) is stored in our systems.
1.5 Telephone or e-mail is used for purchase processing and to contact the customer. The customer is required to ensure that the telephone number and / or e-mail address specified at the time of ordering is accurate. In cases where spam filters are used, the customer is required to ensure that all e-mail messages sent by the seller can be received.

2. Prices, Payment Terms and Conditions, Retention of Title
2.1 VAT applicable to shipments within the Federal Republic of Germany is included in our prices.
2.2 Our invoices are payable in advance. The customer is required to remit payment to the account specified on our order confirmation within seven days after the contract is concluded. Timely receipt of the payment is determined according to the date the funds are received by us.
2.3 In deviation from point 2.2 of our General Business Terms and Conditions, domestic customers are granted the option of payment by automatic debit transfer starting with their second order placed with us, provided that the invoice amount does not exceed EUR 300,00.
2.4 Title to goods that are delivered is retained by Thomas Hoof Produktgesellschaft mbH & Co. KG until they are paid in full.

3. Minimum Order Value
The minimum order value is EUR 50,00.

4. Shipment
4.1 We charge a shipping and handling fee of EUR 6,00 for all domestic shipments. Orders for shipment to domestic addresses, which are valued at EUR 500,00 plus VAT and up, are shipped free to the door including packaging; however, this does not apply to special deliveries.
4.2 The cost of shipping orders to destinations in European countries outside of Germany is borne by the customer. Depending on the weight of the goods being ordered, the applicable shipping costs are shown in the shopping cart that is part of the ordering system.

5. Warranty
5.1 Our liability for defects of title and / or material defects is in accordance with the applicable legal regulations. The period of limitation for claims based on defects is two years from the date on which the goods that were ordered are delivered to the customer.
5.2 In regards to meeting our obligations resulting from our liability for defects, we have the right to commission qualified third parties in order to meet our warranty obligations.

6. Force Majeure
Force majeure – which includes circumstances and events that cannot be avoided through diligent, proper business management – suspend the contractual obligations of the parties for the duration of the disruption and to the extent of its effects. If the resulting delays exceed a period of six weeks, either party has the right to withdraw from the contract in regards to the scope of performance that is affected. There are no other claims.

7. Disclaimer and Limitation of Liability
7.1 Unless otherwise specified by the preceding provisions, additional claims on the part of the customer are excluded. This applies in particular to claims based on default upon the conclusion of the contract and / or the breach of secondary obligations. The preceding warranty disclaimer does not apply in case of damages caused by intent or gross negligence.
7.2 The provision under no. 7.1 of our General Business Terms and Conditions does not apply to claims under the Product Liability Act.
7.3 Insofar as our liability is excluded or limited, the same applies to the liability of our workers, employees, associates, representatives and assistants.

8. Applicable Law
The laws of the Federal Republic of Germany apply to all legal relationships between the parties; the application of laws on the international sale of goods is excluded.

Thomas Hoof Produktgesellschaft mbH & Co. KG
Bahnhofstraße 3 • D-59348 Lüdinghausen
Telephone +49 2591 2590-210 • Fax +49 2591 2590-190
[email protected] • www.thpg.de

Commercial register Coesfeld • HRA 8431
General partner: Thomas Hoof Geschäftsführungsgesellschaft mbH, Lüdinghausen
Commercial register Coesfeld • HRB 17048
Represented by: Harald Daub und Andreas Lombard

 

 

General business terms and conditions for retailers

January 2010

1. General
1.1 Deviations from these Sales, Delivery and Payment Terms, especially regarding purchasing rules, are subject to prior written consent.
1.2 Our offers are without any legal obligations. Orders are only understood as being binding if we confirm them or accept them by dispatching goods. Any verbal agreements are only valid if confirmed in writing.

2. Delivery
2.1 We are not obliged to dispatch goods as long as customers’ accounts are unsettled.
2.2 Deadlines and delivery times are only approximated. In case we should be liable for missing an arranged delivery time, we only accept the implications of a delayed delivery after we have been given an adequate respite.

3. Prices
3.1 The prices stated in our pricelists apply unless other agreed prices have been determined for a shipment. Please note that our pricelists are part of our Sales, Delivery and Payment Terms.
3.2 Value added tax is levied, as far as legally required, at the applicable rate at the time of delivery and is added to the invoice amount.

4. Acts of God
Acts of God describe circumstances and incidents which cannot be avoided by diligent and orderly business operations. Acts of God suspend contractual obligations for the duration and the extent of their impact. If delays result which exceed six weeks, both parties have the right to back out of the part of the contract affected. No other claims are accepted.

5. Payment
5.1 Goods are dispatched and invoiced accordingly.
5.2 Unless other arrangements have been made our invoices have to be settled within 30 days without any deductions. If the payment is credited to our accounts within 14 days of the invoice issue date customers are permitted to deduct 2 percent early payment discount. Early payment discounts are only granted if all other invoices have been settled. First time deliveries are due in full and in advance, if nothingelse has been arranged. Deliveries to a destination or an invoice recipient abroad are generally only accepted against advance payment. Sample shipments or small shipments of less than EUR 100 are not defined as first time deliveries. Part deliveries are invoiced immediately. Payments for first deliveries to locations outside of Germany are due in full and in advance, if nothing else has been arranged.
5.3 If payment deadlines are exceeded we reserve the right to demand default interest and fees of 10 percent. We also reserve the right to claim wider damages. Payment deadlines have only been met, if respective payments have been credited to our accounts within the deadline.
5.4 Cheques are accepted. The payment is only then understood as settled when the respective amount is actually credited to our account.
5.5 Should there be a material decline in a customer’s financial situation we reserve the right to deny any further shipments until all receivables have been settled, regardless if due or not, or if a security has been provided.
5.6 Customers are only permitted to offset uncontested receivables or retain payments which have been established by a court of law. Payments are only allowed to be retained, if they pertain to the same legaltransaction.

6. Dispatch
6.1 Loading and dispatch are at the risk of the purchaser.
6.2 Domestic shipments are subject to a transport and packaging fee of EUR 6,00. Domestic shipments valued exceeding EUR 500 are shipped free of charge. This does not apply to special shipments. Shipments into foreign countries are undertaken at the expense of the customer, regardless of order volume.
6.3 Samples are providing against an invoice. Invoices for samples which are returned within an agreed time period in their undamaged original packing are deleted. Individual items are credited if only part of a sample shipment is returned.

7. Warranties
7.1 Objections are only accepted if they are made within 8 days of receiving goods. Hidden defects have to be notified in writing and including documentation immediately on detection, but within six months of the goods having beenreceived.
7.2 A delivery range of 10 percent above and below the ordered amount is acceptable for custom made orders.
7.3 Our warranty range includes replacement, annulment, discount or repair according to our choice. Rejected goods can only be returned with our explicit consent.

8. Liability and Damages
Liability for the absence of warranted characteristics is only applicable if we have expressly declared in writing that these characteristics are included. However, in these cases claims are limited to typical and foreseeable damage. Claims because of direct and indirect consequential damages are excluded. This also applies to supervening impossibility, mistakes when concluding the contract and torts unless we, our agents, auxiliary persons or anybody else belonging to the company is guilty of criminal intent or gross negligence. Liability for agents is limited to the value of the shipment.

9. Retention of title
9.1 We shall retain the title to contract goods (goods subject to retention of title) until all receivables due to us from the customer – for whichever legal reason – arerepaid.
9.2 Customers are entitled to sell goods subject to retention of title during the course of ordinary operations at their regular terms and conditions, if they agree to retention of title with the purchaser and the receivable from the sale is transferred to us in accordance with Section 9.3 of our general terms and conditions. Customers are not entitled to utilize the goods subject to retention of title in any other manner.
9.3 The receivables due to customers from the sale of goods subject to retention of title are transferred to us prior to any sale being agreed upon. They serve to secure our entitlements to the same extent as the goods subject to retention of title. If customers sell goods subject to retention of title together with other goods not acquired by us, receivables from the sale are transferred to us in the amount of the sold goods subject to retention of title.
9.4 Customers are entitled to collect receivables from the sale of goods subject to retention of title unless we revoke this right. We may revoke such right at any time. Customers are not entitled to transfer or sell receivables. At our request, they must provide us with the information and documents required to recall the receivable, whose title was transferred to us prior to sale, and inform the purchaser immediately that such title was transferred to us prior to sale.
9.5 If the value of the existing guarantees exceeds the value of the guaranteed receivable by more than 10 percent in total, we must, upon request of the customer, provide the customer with guarantees of our choice.
9.6 If the customer is in breach of contract, especially in the case of default, we are entitled to recall the goods subject to retention of title. The recall and seizure of goods subject to retention of title by us always constitutes a termination of contract. We are entitled to sell any goods subject to retention of title after they have been recalled by us. Any income from such sale – less appropriate administration costs – is deducted from the receivable to be repaid by the customer.
9.7 Customers must handle goods subject to retention of title with care and insure them at their own cost against damage from fire, water and theft to cover their replacement value in full for as long as the retention of title is valid. Customers shall transfer any insurance and compensation claims against third parties to us as added guarantee for the receivable due to us under the contract at the time the contract is concluded.
9.8 Customers must immediately inform us in writing of any seizure or other proceedings, so that we are able to take legal action in accordance with Section 771 of the German Code of Civil Procedure (Zivilprozessordnung – ZPO). If a third party is unable to pay the judicial and extrajudicial costs arising from such legal action, the customer is liable to reimburse us for any damages incurred.

10. Catalogues, Sketches, Models
Reprinting our catalogues, sketches or rebuilding our models, even in parts, is only permitted with our prior written consent. We reserve the right of ownership and copyright to sketches, models and other documents, apart form catalogues. The details given in catalogues, sketches and models referring to functionality, dimensions and weights are non-committal values for orientation. Changes to dimensions and construction are reserved in the course of development. On request and at the expense of the customer we can provide a technical certificate.

11. Jurisdiction
Jurisdiction and place of delivery, as long as legally permitted, is Lüdinghausen. Solely German law is applicable expressly excluding the “United Nations Conventions on Contracts for the International Sale of Goods‘‘. Should single terms included here be invalid the reaming terms remain unaffected. Lüdinghausen, January 2019