General Terms and Conditions
§ 1 Conclusion of a Contract
Conclusion of contracts take place in the name and for account of Hein Gericke Europe GmbH, Reisholzer Werftstr. 29, 4089 Düsseldorf, represented by director Rutian Liao, register of companies: Amtsgericht Düsseldorf / HRB 71777, Ust.-Id.-Nr.: DE 293029950, and exclusively on the basis of this general terms and conditions.
§ 2 Signing of an Agreement
The representation of the products in the online shop is no legally binding offer, but a not binding online catalogue. By clicking the button “Buy” / “order liable to pay” you give a binding order of the items which are included in the shopping basket. The confirmation of the receipt of order follows directly after sending the order and doesn’t represent an acceptance of a contract. We can accept the order by sending the contract note by email or by sending the items within two days. Date of notice is even date of contract at purchase on account.
§ 3 Prices/method of payment
All indication of prices are only valid for Federal Republic of Germany and are quoted in Euro including legal turnover tax but for shipment without the costs for packing, dispatch and transport. These costs will be calculated separately. With arrival of the catalogue all prices of the prior catalogues are losing their validity. All price marks are not binding – errors and changes in prices excepted. As far as not agreed different our invoices are payable due net. If the customer doesn’t pay within 14 days after the due date and access of invoice he is in default without demand note. Hein Gericke Europe GmbH reserves the right for the payment method “Financing” of exclusion of a payment method, the non-acceptance of the offer of the customer or the rescission of the contract after the result of a credit assessment if the purchase price claim of Hein Gericke Europe GmbH is at risk. The shipment of items will be conducted plus the shipping costs bearded by the customer. You can see information to the respectively current shipping costs and paying methods on our web page delivery-charges or per email: email@example.com.
§ 4 Right of rescission
You will be suggested to the right of rescission during order explicitly. You will be informed about the conditions, deadlines and the procedure for the exertion of right of rescission in line of a separate instruction.
§ 5 Guarantee
We are liable for defects of new products for the period of two years in line with the implied warranty. The same period is valid for right of replacement for consequential harm caused by a defect insofar as no demands were claimed from unlawful acts. If a defect is existent at delivery to the buyer the customer is authorized to request supplementary performance, i.e. remedy of defects or delivery of a free of defects item of someone’s one choice.
We can reject the chosen kind of supplementary performance if this one is only possible with disproportional costs.
Does the customer set us a fair time limit for supplementary performance without success he is in right to withdraw from a contract, to demand damages or to decrease the sales price. If we have adducted a partial performance and the customer is not interested in the partial performance he can withdraw from contract or demand damages. The withdrawal is excluded on insubstantial defects. The customer is obligated to announce the defect to Hein Gericke in written form immediately. The original document is required for the enforcement of guarantee and liability claims. The possibility to prove the buying of defected items alternatively is unaffected hereof.
§ 6 Compensation
We are liable in the context of statutory provisions after limitation of these conditions for our statutory agent and colleagues as auxiliary persons and vicarious agent on indemnity,
a.) without limiting the amount of damage for damages out of hurting the life, the body or the health which depend on the willful or careless breach of duty of a legal representative or auxiliary person of our company
b.) as well as for other damages which depend on a willful and grossly negligent breach of the duty of a legal representative or auxiliary person of our company.
In other cases we are only liable with limiting on the damages which are typical and foreseeable because of the contractual use of by us delivered objects of purchase namely only for damages from culpable breach of essential contractual obligations. For the rest we are not liable for damages which arise out of careless caused illegal activity subject to the protruding determination. Our liability for the absence of warranted properties will remain unaffected because of bad faith or deficiency in tile, because of willful and grossly negligent illegal activity as well as onto Product Liability Law. The protruding rules are also valid for damages which can eventuate by correction of defects or by exchange of products in the context of guarantee.
§ 7 Reservation of title
We keep the property in goods until entry of the complete payment of the contract. Forfeiting or chattel mortgages of the goods before complete payment are forbidden. The customer has to inform the seller immediately about foreclosures of thirds in the goods subject to retention of title in written form.
§ 8 Others
Purchase of accessories, wear parts, modification and styling parts or other items which will be manufactured for the particular craft
With purchase of accessories, wear parts, modification and styling parts or other items which will be manufactured for the particular craft the customer has to make sure about the using or rather the fitting that the kind of using is consistent with the specifications and clearance and possible restrictions of the instruction manual of the vehicle manufacturer. In addition the customer can only use the items which are manufactured for the using on his specific type of vehicle and which are approved for the application. The fitting or rather the using of a product which wasn’t manufactured for this vehicle or where there is no permission by the instruction manual for the application can cause damages of the vehicle or rather damages to the fore and to health. A liability for such damages on the part of HEIN GERICKE doesn’t exist; incidentally will be referred to § 6.
Details for retraction of wased oil according to § 8 Ordinance of Waste Oils
According to Ordinance of Waste Oils we obligated to retract following used oils free of cost: -
Combustion energy oils – gear oil – oil filter and oil emulsive wastes from oil changes. You can retract the quantity of waste oils that has be bought at Hein Gericke.
Receiving places are all stores of Hein Gericke. You will find a list of all Hein Gericke stores by using our shop finder. You can yield the oil during our opening hours. Alternatively you can send the waste oil – by taking the shipping costs – to our central warehouse.
Reisholzer Werftstraße 43 40589 Düsseldorf
Please pay attention to the terms of transport that are effective for waste oil.
Notes to our battery disposal
The pictured, scratched ash barrel means: batteries are not for household refuse. If there is one of the following chemical signs under this symbol (Pb: battery includes leas, Cd: battery includes cadmium, Hg: battery includes mercury) it means generally that the battery includes this metal and that the legal threshold value is exceeded.
Batteries can’t be disposed in household refuse. They could probably include noxious substances, which can harm the healthiness. Please yield the batteries to us, to buyback center of the communes or in the trade. The return is statutory gratuitous and legally. All batteries will be recycled. So valuable raw materials can be resumed and the environment and health will be protected at the same time.
End-consumer are obligated, to return used starter batteries to the seller of the battery or to communal collecting points.
Help us to protect the environment. With return of the used battery and presentation of the receipt or invoice. Due to the dangerous goods regulation the return of the old battery is not possible by shipping. Alternatively you can return the battery at a communal collecting point.
§ 9 Choice of law
For all enclosed contracts the application of the right of the Federal Republic of Germany is deemed to be agreed. The wiener UN agreement about the international sale of goods is excluded.
§ 10 Storage and accessibility to wording of contract
We record the contract text and send you the order information with email. You can find the General Terms and Conditions here at all times. In case you have ordered as a registered customer you can see all prior orders in our customer login area.
For customers of the Hein Gericke stores the hanged out General Terms and Conditions are valid.
We would like to point out that the link to the online platform for extrajudicial ODR, which is provided by the EU Commission, is not available at the moment. We will add the link as soon as the platform is provided online.
Your Hein Gericke Europe GmbH