Terms & Conditions

§ 1 scope

(1) All deliveries, services and offers from HEIN Reinraum GmbH (hereinafter referred to as “HEIN”) are made exclusively on the basis of these General Terms and Conditions. These are part of all contracts that HEIN concludes with its contractual partners (hereinafter also referred to as “you”) regarding the deliveries or services it offers. They also apply to all future deliveries, services or offers, even if they are not separately agreed again.

(2) Your terms and conditions or the terms and conditions of third parties do not apply, even if HEIN does not specifically object to their validity in individual cases. Even if HEIN refers to a letter that contains or refers to your terms and conditions or those of a third party, this does not constitute agreement with the validity of those terms and conditions.

(3) Our offer is aimed exclusively at entrepreneurs from industry, trade, crafts, businesses and self-employed professionals. In addition to checking your entrepreneurial status as part of the ordering process, we are entitled to request proof of your entrepreneurial status by presenting suitable and current documents, such as an extract from the commercial register or business registration.

§ 2 offer and contract

(1) All offers from HEIN are subject to change and non-binding unless they are expressly marked as binding or contain a specific acceptance period. This applies in particular to our representations in the online shop and catalog. HEIN can accept orders or assignments within 14 days of receipt.

(2) In the online shop you can select products from the range and initially place them in the so-called “shopping cart” without obligation. Before sending your binding order, you can correct your entries at any time by using the correction aids explained in the ordering process. By clicking the order button, you place a binding order for the products in your shopping cart.

(3) If you order in the online shop, HEIN will then send you an automatic order overview by email in which your order is listed again. You have the option of printing using the “print” function. By placing your order, you confirm that the contract takes place in the exercise of your commercial or independent professional activity. The automatic order overview only documents that we have received your order and does not constitute acceptance of the application. The contract is only concluded when HEIN submits the declaration of acceptance, which takes place in a separate email or when the goods are dispatched.

(4) The written purchase contract, including these General Terms and Conditions of Delivery, is the only decisive factor for the legal relationships between the contracting parties. This fully reflects all agreements between the contracting parties regarding the subject matter of the contract. Oral promises made by HEIN before the conclusion of this contract are legally non-binding and oral agreements between the contracting parties are replaced by the written contract unless they expressly state that they continue to be binding.

(5) HEIN's information on the subject of the delivery or service (e.g. weights, dimensions, usage values, load capacity, tolerances and technical data) as well as our representations of the same (e.g. drawings and illustrations) are only approximately relevant, unless the usability for the contractually intended purpose is one requires exact agreement. They are not guaranteed characteristics, but rather descriptions or labels of the delivery or service. Customary deviations and deviations that occur due to legal regulations or represent technical improvements, as well as the replacement of components with equivalent parts, are permitted as long as they do not impair the usability for the contractually intended purpose.

(6) HEIN reserves ownership or copyright to all offers and cost estimates it submits as well as drawings, illustrations, calculations, brochures, catalogues, models, tools and other documents and aids provided. You may not make these items, either as such or in terms of content, accessible to third parties, disclose them, use them yourself or through third parties or reproduce them without the express consent of HEIN. Upon HEIN's request, you must return these items in full and destroy any copies that may have been made if you no longer need them in the normal course of business or if negotiations do not lead to the conclusion of a contract. Excepted from this is the storage of electronically provided data for the purpose of normal data backup.

§ 3 prices and payment

(1) The prices stated are net prices and apply to the specified scope of services and delivery plus shipping costs. Additional or special services will be charged separately. The prices are in EUR ex works plus packaging, statutory VAT, customs duties for export deliveries as well as fees and other public charges.

(2) Each party is entitled to request price negotiations due to changed market conditions. The parties understand changed market conditions to be a change in the Federal Statistical Office's wholesale price index of 10 (in words: ten) percent compared to the same month last year. If no agreement is reached in these negotiations, the parties are entitled to remove the products in question from the agreed product catalog. If the agreed prices are based on HEIN's list prices and delivery is only to take place more than four months after conclusion of the contract, the HEIN list prices valid at the time of delivery apply (in each case less an agreed percentage or fixed discount).

(3) You generally pay by invoice. The invoice amounts must be transferred within 30 days without deductions; for payments within 8 days of the invoice date with a 2% discount. In the case of partial deliveries, HEIN can demand a pro-rata payment in accordance with the previous regulations.

(4) The date of receipt by HEIN is decisive for the date of payment. Payment by check is excluded unless agreed upon separately in individual cases. If you do not pay when due, interest will be charged on the outstanding amounts at 5% pa from the due date; The assertion of higher interest and further damages in the event of default remains unaffected. In addition, we must charge you a flat rate of €40.

(5) Offsetting against counterclaims or withholding payments due to such claims is only permitted if the counterclaims are undisputed or legally established or arise from the same order under which the delivery in question was made. You only have a right of retention if your counterclaim is based on the same contractual relationship.

(6) HEIN is entitled to carry out or provide outstanding deliveries or services only against advance payment or security if, after conclusion of the contract, HEIN becomes aware of circumstances which are likely to significantly reduce your creditworthiness and which require payment of HEIN's outstanding claims It is at risk from the respective contractual relationship (including from other individual orders to which the same framework agreement applies).

(7) You agree to the transmission of all invoices by email. Consent can be revoked at any time.

§ 4 delivery and delivery time

(1) Orders that are recorded in our merchandise management system on weekdays (but not Saturdays) or 16.00:13 p.m. (Fridays) will be handed over to the shipping service provider on the same day for delivery on the next working day (but not Saturdays). For items for which a different delivery time is stated in our catalogs or in the online shop, the delivery time stated there applies based on an order placed by 00:16.00 p.m. (Monday to Thursday) or 13.00:XNUMX p.m. (Friday). Delivery times stated in order confirmations are binding. Excluded from this are orders for which the customer requests changes after the order has been placed, later additional or expansion orders are placed and orders for which files, drawings, image and text files, print releases are only submitted by the customer after confirmation of receipt, as well as orders which are transmitted at HEIN's headquarters on public holidays. In these cases, the delivery time stated in the order confirmation only begins after receipt. The same applies to orders for which agreed down payments were not made on time due to the volume.

(2) If the product you ordered is not available from us because we are not supplied by our reliable supplier through no fault of our own despite placing an identical order, we will inform you immediately in the order confirmation. This releases us from our obligation to perform and can withdraw from the contract. If you have already made payments, we will reimburse you immediately. Subject to self-delivery, we will ensure rapid delivery. If part of the order cannot be delivered immediately because we are not delivered on time by our reliable supplier through no fault of our own despite placing a congruent order, we will deliver the remaining goods without recalculating the shipping costs, provided this is reasonable for you.

(3) HEIN only delivers via shipping. Unfortunately, a self collection of the product is not possible. We do not deliver to packing stations. Packaging covered by Section 15 I VerpackG will only be taken back at HEIN’s location. The customer bears the resulting transport costs.

(4) If you do not fulfill your contractual obligations towards HEIN or do not fulfill them in a timely manner, the delivery or service deadline will be extended accordingly. The rights arising from default remain unaffected.

(5) HEIN is not liable for the impossibility of delivery or for delays in delivery if these are due to force majeure or other events that were not foreseeable at the time the contract was concluded (e.g. operational disruptions of all kinds, difficulties in the procurement of materials or energy, transport delays, strikes, lawful lockouts, Lack of workers, energy or raw materials, difficulties in obtaining the necessary official approvals, official measures or the lack of, incorrect or late delivery from suppliers, new or ongoing pandemics and epidemics, virus variants) for which HEIN is not responsible has. If such events make the delivery or service significantly more difficult or impossible for HEIN and the hindrance is not only temporary, HEIN is entitled to withdraw from the contract. In the event of temporary obstacles, the delivery or service deadlines are extended or the delivery or service dates are postponed by the period of the hindrance plus a reasonable start-up period. If you cannot reasonably be expected to accept the delivery or service as a result of the delay, you can withdraw from the contract by immediately notifying HEIN in writing. You must explain the circumstances.

§ 5 Custom-made products, procurement of individual items

(1) Custom-made products according to your specifications or individually procured items outside our range must be ordered in writing. We do not check compliance with any regulations.

(2) We exclude any liability if the execution of your order infringes the rights, particularly copyrights, of third parties. You release us from all third-party claims due to such a violation of rights by placing an order upon first request.

§ 6 Place of performance, shipping, packaging, transfer of risk, acceptance

(1) The place of performance for all obligations arising from the contractual relationship is Braunschweig, unless otherwise specified. If HEIN is also responsible for the installation, the place of performance is the place where the installation must take place.

(2) The shipping method and packaging are subject to HEIN’s due discretion.

(3) The risk of transport damage, accidental loss and accidental deterioration for any reason passes to you at the latest when the delivery item is handed over (the start of the loading process being decisive) to the freight forwarder, freight carrier or other third party designated to carry out the shipment . This also applies if partial deliveries are made or HEIN has provided other services (e.g. shipping or installation). If shipping or handover is delayed due to a circumstance for which you are responsible, the risk passes to you from the day on which the delivery item is ready for shipment and HEIN has notified you of this.

(4) To the extent that an acceptance has to take place, the purchased item is deemed to have been accepted if • the delivery and, if HEIN also owes the installation, the installation has been completed, • HEIN has notified you of the deemed acceptance in accordance with this § 6 (5) and has requested him to accept it, • twelve working days have passed since delivery or installation or you have started using the purchased item (e.g. put the delivered system into operation) and in this case six working days have passed since delivery or installation and • you has failed to accept delivery within this period for a reason other than a defect notified to HEIN that makes the use of the purchased item impossible or significantly impairs it.

(5) Otherwise, the obligation to inspect and report complaints regulated in Section 377 of the German Commercial Code (HGB) applies to merchants. If you fail to make the notification regulated there, the goods are deemed to have been approved, unless there is a defect that was not apparent during the inspection. This does not apply if we have fraudulently concealed a defect.

§ 7 Warranty, Material Defects

(1) The warranty period is 24 months from delivery of the purchased item, including for claims for compensation for consequential damage caused by defects. The statutory limitation periods for the right of recourse according to § 478 BGB remain unaffected. If complaints are made in a timely manner and are justified, we will, at our discretion, provide a replacement or make improvements free of charge.

(2) If a defect cannot be remedied either through our repair or through a replacement delivery or if we are not prepared to do so upon request, you can request a reduction in the purchase price or withdraw from the purchase contract. In the event of failure, ie the impossibility, unreasonableness, refusal or unreasonable delay of repair or replacement delivery, you can withdraw from the contract or reduce the purchase price appropriately.

(3) If acceptance is required, the warranty period is one year from delivery. This deadline does not apply to claims for damages arising from injury to life, body or health or from intentional or grossly negligent breaches of duty by HEIN or its vicarious agents, which are time-barred in accordance with statutory provisions.

(4) Representations and guarantees are only valid if we grant them expressly and in writing. In particular, information in catalogs (or in the online shop), price lists or other information material provided to you by us, as well as information describing products, should in no way be understood as guarantees for the special quality of the goods.

(5) At HEIN's request, any delivery item complained about must be returned to HEIN freight prepaid. If the complaint about defects is justified, HEIN will reimburse the costs of the cheapest shipping route; This does not apply if the costs increase because the delivery item is located at a location other than the place of intended use.

(6) If a defect is due to HEIN's fault, you can demand compensation under the conditions specified in § 8.

(7) In the event of defects in components from other manufacturers that HEIN cannot remedy for licensing or practical reasons, HEIN will, at its discretion, either assert its warranty claims against the manufacturers and suppliers on your behalf or assign them to you. Warranty claims against HEIN for such defects exist, subject to the other conditions and provisions of these General Terms and Conditions of Delivery, only if the legal enforcement of the aforementioned claims against the manufacturer and supplier has been unsuccessful or is futile, for example, due to insolvency. The statute of limitations for the relevant warranty claims against HEIN is suspended for the duration of the legal proceedings.

(8) The warranty does not apply if you change the delivery item or have it changed by a third party without HEIN's consent and this makes rectifying the defect impossible or unreasonably difficult. In any case, you must bear the additional costs of correcting the defect resulting from the change.

(9) Any delivery of used items agreed with you in individual cases is carried out to the exclusion of any warranty for material defects.

§ 8 liability for damages due to negligence

(1) HEIN's liability for damages, regardless of the legal basis, in particular due to impossibility, delay, defective or incorrect delivery, breach of contract, breach of obligations during contract negotiations and tortious acts, is in accordance with this, insofar as fault is involved Paragraphs restricted to the extent permitted.

(2) HEIN is not liable in the event of simple negligence on the part of its bodies, legal representatives, employees or other vicarious agents, unless this involves a violation of essential contractual obligations. Essential to the contract are the obligation to deliver and install the delivery item on time, its freedom from legal defects and material defects that more than insignificantly impair its functionality or usability, as well as advice, protection and care obligations that are intended to enable you to use the delivery item in accordance with the contract or The purpose is to protect the life and limb of your staff or to protect your property from significant damage.

(3) To the extent that HEIN is fundamentally liable for damages in accordance with Section 8 (2), this liability is limited to damages that HEIN foresaw as a possible consequence of a breach of contract when the contract was concluded or that we should have foreseen if we exercised customary care. Indirect damages and consequential damages that result from defects in the delivery item are also only eligible for compensation if such damage is typically to be expected when the delivery item is used as intended.

(4) In the event of liability for simple negligence, HEIN's obligation to pay compensation for property damage and resulting further financial losses is limited to the typical foreseeable damage, even if it involves a breach of essential contractual obligations.

(5) The above liability exclusions and limitations apply to the same extent in favor of HEIN's bodies, legal representatives, employees and other vicarious agents.

(6) If HEIN provides technical information or provides advice and this information or advice is not part of the contractually agreed scope of services owed by HEIN, this is done free of charge and to the exclusion of any liability.

(7) The limitations of this Section 8 shall not apply to HEIN’s liability for intentional conduct, for guaranteed characteristics, for injury to life, body or health or under the Product Liability Act.

§ 9 property rights

(1) In accordance with this § 9, HEIN guarantees that the delivery item is free of third-party industrial property rights or copyrights. Each contractual partner will immediately notify the other contractual partner in writing if claims are asserted against them due to the violation of such rights.

(2) In the event that the delivery item violates an industrial property right or copyright of a third party, HEIN will, at its discretion and at its own expense, modify or replace the delivery item in such a way that the rights of third parties are no longer violated, but the delivery item continues to comply with the contractually agreed ones functions, or provide you with the right of use by concluding a license agreement with the third party. If HEIN fails to do this within a reasonable period of time, you are entitled to withdraw from the contract or to reduce the purchase price appropriately. Any claims for damages are subject to the restrictions of Section 8 of these General Terms and Conditions of Delivery. In the event of injuries caused by custom-made products, Section 5 of these General Terms and Conditions of Delivery applies conclusively.

(3) In the event of legal infringements caused by products from other manufacturers delivered by HEIN, HEIN will, at its discretion, assert its claims against the manufacturers and sub-suppliers for your account or assign them to you. In these cases, claims against HEIN only exist in accordance with this § 9 if the legal enforcement of the above-mentioned claims against the manufacturers and upstream suppliers was unsuccessful or, for example, due to insolvency, is hopeless.

§ 10 Retention of title

(1) HEIN retains title to the goods until all claims arising from the 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 whether the goods subject to retention of title are combined or mixed with other goods – up to the amount of the invoice, and we accept this assignment. You remain authorized to collect the claims until they are collected; however, we may also collect the claims ourselves if you fail to meet your payment obligations.

(2) If you combine, mix or process the reserved item with other items, we acquire co-ownership of the new item in proportion to the value of the reserved item to the other processed items at the time of connection, mixing or processing. If your item is to be viewed as the main item, you must transfer proportional co-ownership to us. We will release the securities to which we are entitled at your request to the extent that the value of the securities exceeds the claims to be secured by more than 10%.

§ 11 Data protection

For all information relating to the handling of personal data, we refer to our separate data protection declaration. This is your responsibility https://hein-reinraum.de/datenschutzerklaerung/ are available to support you.

§ 12 Code of Conduct

The code of conduct of Klaus Kroschke Holding GmbH & Co. KG applies to our company and is available at https://www.klaus-kroschke-gruppe.com/downloads/.

§ 13 Consulting and assembly services

For consulting and assembly services, the General Terms and Conditions for Consulting and Assembly Services of Klaus Kroschke Holding GmbH & Co. KG also apply, available at https://www.klaus-kroschke-gruppe.com/downloads/.

§ 14 Right of return

For standard items from our range, you have a right of return of 21 days from delivery. This applies to all items that arrive in a saleable condition and in their original packaging. Custom-made items and individually procured items outside of our range in accordance with Section 5 of these Terms and Conditions are excluded from return.

§ 15 Final provisions

(1) If you are a merchant, a legal entity under public law or a special fund under public law or if you do not have a general place of jurisdiction in the Federal Republic of Germany, the place of jurisdiction for all possible disputes arising from the business relationship between HEIN and you is, at your discretion, HEIN Braunschweig or you Company headquarters. However, Braunschweig is the exclusive place of jurisdiction for lawsuits against HEIN in these cases. Mandatory legal provisions regarding exclusive places of jurisdiction remain unaffected by this regulation.

(2) Additions and changes to the agreements made, including these General Terms and Conditions of Delivery, must be in writing to be effective. To maintain the written form, telecommunication transmission, especially by fax or email, is sufficient, provided that a copy of the signed declaration is sent. The language available for concluding the contract is German. The contract text is not stored by us.

(3) The relationships between HEIN and you are subject exclusively to the law of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods of April 11.4.1980, XNUMX (CISG) does not apply.

(4) To the extent that the contract or these General Terms and Conditions of Delivery contain gaps in the regulations, the legally effective regulations that the contractual partners would have agreed on in accordance with the economic objectives of the contract and the purpose of these General Terms and Conditions of Delivery are deemed to have been agreed to fill these gaps if they had been aware of the gap in the regulations.

As of 05 / 2024