AGB

Standard Business Terms and Customer Information

I. Standard Business Terms

§ 1 Basic Provisions

(1) The following business terms apply to all contracts you conclude with us as the supplier (HMT Rueffel GmbH) via the www.noasolutions.de website. Unless otherwise agreed, the inclusion of your own terms is excluded.

(2) A ‘consumer’ under these regulations is any natural person who enters into a legal transaction which, to a significant extent, cannot be attributed to either their commercial or independent professional activities. The term ‘businessman’ refers to any natural person, legal person, or legally responsible partnership that concludes a legal transaction in the course of their independent professional or commercial activity.

§ 2 Conclusion of the Contract

(1) The subject matter of the contract is the sale of products.

We sell the product under our own name on behalf of others, i.e., for an external party that owns the product in question. In this regard, we act as a partial or total commission agent. However, we are the contractual partner who holds all the associated rights and obligations.

(2) Once you add the respective product to our website, we will submit a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the product description.

(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart." You can view the "shopping cart" using the corresponding button in the navigation bar and make changes there at any time.
After clicking the "Checkout" or "Proceed to Order" (or similar) button and entering your personal data, as well as payment and shipping details, the order data will be displayed as an order overview.
If you use an instant payment system (e.g., PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as your payment method, you will either be directed to the order overview page in our online shop or forwarded to the website of the instant payment provider.
If forwarded to the relevant payment provider, you must choose and/or enter your details as necessary. Finally, on the payment provider's website, or after being redirected back to our online shop, the order data will be displayed as an order overview.
Before submitting the order, you have the opportunity to review or change the information on the order summary page, or to cancel the purchase.
By clicking the "Order with obligation to pay," "Buy," "Buy now," or similar button, you legally accept the offer, and the contract is concluded.

(4) You are not bound by inquiries regarding an offer made to us. We will provide you with a binding offer (e.g., via email) that you can accept within 5 days.

(5) The execution of the order and the sending of all details necessary for the conclusion of the contract are carried out via email, partially automatically. Therefore, you must ensure that the email address provided is correct and that the receipt of emails is guaranteed. In particular, you must ensure that the emails are not blocked by a spam filter.

§ 3 Custom-designed Products

(1) You will provide us with the relevant information, text, or data necessary to customize the goods via the online ordering system or by email without undue delay after the contract is concluded. Any specifications we provide regarding file formats should be taken into account.

(2) You are obligated to ensure that you do not transmit data whose content violates the rights of third parties (especially copyright, trademark, or other intellectual property rights) or break existing laws. You expressly release us from any and all claims related to this matter that may arise from third parties. This also applies to any legal representation costs that may be incurred.

(3) We do not check the transferred data for textual accuracy. We assume no liability for errors in this regard.

§ 4 Special Agreements Regarding Payment Methods

(1) Payment via "PayPal" / "PayPal Checkout":
If you select a payment method via "PayPal" / "PayPal Checkout," the payment will be processed by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" will be displayed to you under a corresponding button on our website and during the online ordering process. "PayPal" may use other payment services for processing payments, and you will be informed of any special payment conditions separately. More information on "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.

§ 5 Right of Retention, Reservation of Proprietary Rights

(1) You can only exercise a right of retention if the claims arise from the same contractual relationship.

(2) The goods remain our property until the purchase price is paid in full.

(3) If you are a businessman, the following conditions also apply:

a) We retain ownership of the goods until all claims arising from the ongoing business relationship have been settled. The goods subject to retention of title may not be pledged or transferred as security before ownership changes hands.

b) You may resell the goods within the framework of normal business operations. In this case, you assign all claims arising from the resale to us up to the amount of the invoiced sum, and we accept this assignment. You are also authorized to collect the claims. However, if you fail to meet your payment obligations, we reserve the right to collect the claims ourselves.

c) If the goods subject to retention of title are combined or mixed with other goods, we acquire co-ownership of the newly formed item. The share of co-ownership corresponds to the ratio of the invoiced value of the goods subject to retention of title to the other processed items.

d) If requested, we are obliged to release securities to the extent that their realizable value exceeds the secured claim by more than 10%.

§ 6 Warranty

(1) Statutory warranty rights apply.

(2) As a consumer, you are required to check the product for completeness, visible defects, and transport damage immediately upon delivery and notify us and the shipping company of any complaints in writing. Failure to do so does not affect your legal warranty rights.

(3) If a product deviates from the required characteristics, the deviation is only considered agreed if you were informed by us before making the contractual declaration and if the deviation was explicitly agreed upon.

(4) For entrepreneurs, the following applies:

a) Only our own specifications and the manufacturer's product description are considered the quality of the goods, not any other advertising or statements by the manufacturer.

b) In the event of defects, we will, at our discretion, either rectify the defect or deliver a replacement. If rectification fails, you may demand a price reduction or withdraw from the contract. Rectification is considered unsuccessful after a second attempt unless circumstances suggest otherwise.

c) The warranty period is one year from delivery. This period is not shortened for:

• Culpable damage caused by injury to life, limb, or health, or by gross negligence;
• Fraudulent concealment of defects or if a guarantee was assumed;
• Defects in goods used for construction according to standard practice;
• Statutory rights of recourse you may have against us regarding defects.

§ 7 Choice of Law, Place of Fulfilment, Jurisdiction

(1) German law applies. This choice of law only applies to consumers if it does not revoke the protection provided by mandatory provisions of the law of their country of residence.

(2) If you are not a consumer but a businessman, legal entity under public law, or an institutional fund under public law, our place of business is the place of jurisdiction and place of fulfilment.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly excluded.

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II. Customer Information

1. Identity of the Seller

HMT Rueffel GmbH
Am Eichelgärtchen 34
56283 Halsenbach
Germany
Telephone: +49 6747 9501840
Email: info@noasolutions.de

Alternative Dispute Resolution:
The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be found at https://ec.europa.eu/odr.
We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.

1. Information Regarding the Conclusion of the Contract

The technical steps involved in the conclusion of the contract, the contract itself, and the correction options are outlined in the "Conclusion of the Contract" section of our Standard Business Terms (Part I).

1. Contract Language, Saving the Text of the Contract

3.1 The contract language is English.
3.2 The complete text of the contract is not stored with us. Before submitting the order via the online shopping cart system, contract details can be printed or saved using the browser's print function. After receiving the order, the order details and legally required information will be sent via email.
3.3 You will receive all contractual information in writing, e.g., via email, for inquiries outside the online system.

1. Codes of Conduct

4.1 We voluntarily comply with the "Käufersiegel" quality criteria of Händlerbund Management AG, which can be viewed at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf.

1. Main Features of the Product or Service

The key features of the goods and/or services are listed in the respective offer.

1. Prices and Payment Arrangements

6.1 The prices listed in the offers are total prices, including all taxes.
6.2 Shipping costs are not included in the purchase price and will be displayed during the order process.
6.3 Payment methods are displayed on our website or in the respective quote.
6.4 Unless specified otherwise, payment is due immediately.

1. Delivery Conditions

7.1 Delivery conditions, dates, and any restrictions are listed on our website or in the quote.
7.2 As a consumer, the risk of accidental loss or damage during shipping passes to you upon delivery. This does not apply if you independently commissioned an unauthorized transport company.

1. Statutory Warranty Rights

Liability for defects is governed by the "Warranty" provisions in our General Terms and Conditions.

These terms were created by IT law specialists from the Händlerbund and are regularly reviewed for legal conformity. Händlerbund Management AG guarantees legal security for the texts and assumes liability for any warnings issued. More information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.

Last update: 22.10.2024