Terms of service

General Terms and Conditions

1. Scope

The following terms and conditions apply to all orders placed through our online shop by consumers and businesses.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed professional. A business is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or self-employed professional activity when concluding a legal transaction.

For businesses, the following applies: if the business uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they only become part of the contract if we have expressly agreed to them.

2. Contracting party, conclusion of contract, correction options

The purchase contract is concluded with Walter Häfner GmbH.

The presentation of products in the online shop does not constitute a legally binding offer, but a non-binding online catalogue. You may first place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided and explained in the order process. By clicking the order button, you submit a binding offer for the goods contained in the shopping cart. Confirmation of receipt of your order is sent by email immediately after the order has been submitted.

We accept your offer within two days by

• sending a declaration of acceptance in a separate email, or
• where applicable, by the payment transaction being carried out by our service provider or the selected payment service provider. The time at which the payment transaction is carried out depends on the selected payment method; see “Payment”.

The relevant alternative for you is whichever of the listed events occurs first.

3. Contract language, storage of contract text

The language available for conclusion of the contract is German.

We store the contract text and send you the order data and our terms and conditions in text form. For security reasons, the contract text is no longer accessible via the internet.

4. Delivery conditions

Shipping costs may be added to the stated product prices. Further details on any shipping costs can be found with the offers.

You generally have the option of collection from Walter Häfner GmbH, Ostring 1, 97688 Bad Kissingen during the following business hours: the customer will be informed by email when the goods can be collected.

We do not deliver to packing stations.

5. Payment

The following payment methods are generally available in our shop:

Advance payment
If you select advance payment, we will send you our bank details in a separate email and deliver the goods after receipt of payment.

Cash on delivery
You pay the purchase price directly to the delivery agent. Additional costs of EUR 6 apply.

Credit card
You enter your credit card details during the order process. Your card will be charged immediately after the order is placed.

PayPal
To pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), you must be registered with PayPal, authenticate yourself with your login details and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after the order is placed. Further information is provided during the order process.

PayPal may offer registered PayPal customers selected according to its own criteria further payment options in the customer account. We have no influence on the offering of these options; further individually offered payment methods concern your legal relationship with PayPal. Further information can be found in your PayPal account.

Cash payment on collection
You pay the invoice amount in cash upon collection.

6. Right of withdrawal

Consumers have the statutory right of withdrawal as described in the withdrawal policy. Businesses are not granted a voluntary right of withdrawal.

7. Retention of title

The goods remain our property until full payment has been made.
For businesses, the following also applies: we retain title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you hereby assign to us in advance all claims arising from this resale, irrespective of any connection or mixing of the goods subject to retention of title with a new item, in the amount of the invoice, and we accept this assignment. You remain authorised to collect the claims; however, we may also collect claims ourselves if you fail to meet your payment obligations. At your request, we will release the securities to which we are entitled to the extent that the realisable value of the securities exceeds the value of the outstanding claims by more than 10%.

8. Transport damage

For consumers: if goods are delivered with obvious transport damage, please complain about such defects to the delivery agent as soon as possible and contact us without delay. Failure to make a complaint or contact us has no consequences for your statutory claims and their enforcement, in particular your warranty rights. However, you help us to assert our own claims against the carrier or transport insurance.

For businesses: the risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the carrier, freight forwarder or other person or institution designated to carry out the shipment.

9. Warranty and guarantees

9.1 Liability for defects

Unless expressly agreed otherwise below, the statutory liability for defects applies.

The following limitations and shortened periods do not apply to claims based on damage caused by us, our legal representatives or vicarious agents

• in the event of injury to life, limb or health,
• in the event of intentional or grossly negligent breach of duty and fraudulent concealment,
• in the event of breach of essential contractual obligations whose fulfilment is essential for the proper performance of the contract and on whose compliance the contractual partner may regularly rely,
• within the scope of a guarantee promise, if agreed, or
• insofar as the scope of the Product Liability Act is opened.

Limitations for businesses

For businesses, only our own information and the manufacturer's product descriptions included in the contract are deemed to be an agreement on the quality of the goods; we accept no liability for public statements by the manufacturer or other advertising statements. For businesses, the limitation period for claims for defects in newly manufactured items is one year from the transfer of risk.

The statutory limitation periods for the right of recourse under Section 445a of the German Civil Code remain unaffected.

Rules for merchants

Among merchants, the duty to inspect and give notice of defects regulated in Section 377 of the German Commercial Code applies. If you fail to give the notice regulated there, the goods are deemed approved unless the defect was not detectable during the inspection. This does not apply if we have fraudulently concealed a defect.

9.2 Guarantees and customer service

Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.

Customer service: you can reach our customer service for questions, complaints and objections on weekdays from 8:00 a.m. to 5:30 p.m. by telephone on 0971-2468 and by email at info@elektro-haefner.de.

10. Liability

We are always fully liable for claims based on damage caused by us, our legal representatives or vicarious agents

• in the event of injury to life, limb or health,
• in the event of intentional or grossly negligent breach of duty,
• in the event of guarantee promises, if agreed, or
• insofar as the scope of the Product Liability Act is opened.

In the event of breach of essential contractual obligations, whose fulfilment is essential for the proper performance of the contract and on whose compliance the contractual partner may regularly rely, through slight negligence by us, our legal representatives or vicarious agents, liability is limited in amount to the damage foreseeable at the time of conclusion of the contract and typically to be expected.
Otherwise, claims for damages are excluded.

11. Dispute resolution

The European Commission provides a platform for online dispute resolution (ODR), which you can find here. We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

12. Discounts, tiered prices and subsequent adjustment

(1) Granted discounts/tiered prices, for example “from EUR 500 goods value -5%”, only apply if the final order value of the goods retained by the customer reaches the respective threshold.
(2) If parts of the order are removed due to returns and the respective threshold is thereby no longer reached, the discount ceases to apply retroactively. Discounts already taken into account will then be recalculated for the entire order based on the relevant final value, meaning the goods value of the retained items.
(3) Refunds in connection with returns are made in this case less the discount that no longer applies because the threshold has not been reached.
(4) Promotional vouchers with a minimum order value are subject to the same principles.

13. Final provisions

If you are a business, German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.