Terms and Conditions
Terms and conditions
You enter a contract with Walther & Huss InnovationsManagement GmbH, Wellingsbütteler Landstraße 253, 22337 Hamburg.
Managing Partners: Robert Walther, Julian-Christoph Huss
Value added tax identification number: DE265039655
Walther & Huss InnovationsManagement GmbH
1. Area of Application
1.1 Exclusively the following terms and conditions in the version valid at the point of time of the purchase order are applied for the business relationship between Walther & Huss InnovationsManagement GmbH and the customer. Walther & Huss InnovationsManagement GmbH does not accept differing terms and conditions, unless an agreement in written form between Walther & Huss InnovationsManagement GmbH and the customer has been made and approved by both parties.
Walther & Huss InnovationsManagement GmbH enters contracts with customers who
a) are unrestricted contractual capable individual persons and having achieved the age of 18 years.
b) are legal persons residing in the Federal Republic of Germany, in one member state of the European Union or in Switzerland, Monaco or Norway (in the following named as "customers").
In case the offer of a not accepted participant has mistakenly been accepted by Walther & Huss InnovationsManagement GmbH, Walther & Huss InnovationsManagement GmbH is entitled to declare the rescission of the contract in an appropriate period of time.
3. Conclusion of Contract
3.1 The details shown on the internet pages of Walther & Huss InnovationsManagement GmbH do not constitute an offer to buy as mentioned in §§ 145 ff BGB. However the purchase order of the customer presents the offer to Walther & Huss InnovationsManagement GmbH to enter into a contract.
3.2 As soon as the customer places a purchase order, Walther & Huss InnovationsManagement GmbH sends out a confirmation by email that acknowledges the purchase order and contains further details. The e-mail is not an acceptance of the customers’ offer by Walther & Huss InnovationsManagement GmbH. It is only supposed to inform the customer that the purchase order has been received. As soon as Walther & Huss InnovationsManagement GmbH delivers the product to the customer, both parties enter into a contract.
3.3 In case the product ordered by the customer is out of stock, Walther & Huss InnovationsManagement GmbH will inform the customer about the issue and reimburse already made payments. Reimbursement of payment will also be performed in case it comes to a rescission of contract.
4.1 The customer may cancel or recall the contract in 14 days without declaration of reasons in written form (i.e. letter, fax, e-mail) or by returning the purchased goods. The period starts with arrival of the goods at the customers address, but at earliest with receipt of this instruction. To keep the period of time for recall a timely dispatch of the recall or the goods has to be executed. The recall should be send to:
Walther & Huss InnovationsManagement GmbH
Wellingsbütteler Landstraße 253
4.2 Cancellation Consequences
In case of recall the received benefits have to be returned by both parties. If the customer cannot return the received goods completely or partly or in worse condition, the customer is obligated to compensate. This is not applicable if the impairment is only due to the verification of the product to an extent that would have been possible for the customer to execute in a shop. Furthermore the customer has the possibility to avoid compensation if the goods are not used and everything that might reduce the value is neglected.
Goods that are able to be sent in a package have to be returned. In case the goods can not be sent in a package due to weight or size, a declaration of recall has to be sent in written form to Walther & Huss InnovationsManagement GmbH in 14 days after delivery of the goods. If the customer returns goods up to a value of EUR 40.00 (fourty Euros), the costs for the shipment have to be carried by the customer, in case the delivered goods do not fulfill the customers’ imagination. In any other case the shipment is free of charge for the customer.
Liabilities to reimburse payment have to be fulfilled by the customer in 30 days after having sent the declaration of recall.
4.3 Closure of recall
The right of withdrawal is not applicable for goods that have been produced to customer specifications or are definitely produced regarding single customers’ requirements. Furthermore goods that are not appropriate for return due to their condition or goods that may deprave quickly cannot be returned. In addition the recall of audio or video recordings and software without or with a broken seal is excluded.
Before returning equipment with storage medium (i.e. hard drives, flash memory, mobile phones, etc.) consider the following information:
The customer is responsible for saving data contained on the storage medium. Please create appropriate backup copies and delete all personal data, especially when personal data of third parties has been saved. In case the data can not be deleted due to a technical defect, please inform us about the existence of personal data.
5.1 The uninsured shipment in the Federal Rebuplic of Germany, member states of the European Union, Switzerland, Monaco and Norway is as a general rule free of charge when ordering a customary amount. In case of changes the customer will be informed during ordering. For insured shipment or shipment of a larger amount of goods, the shipping expenses showed during ordering are applicable.
5.2 If no other agreement has been made, the shipment is executed from the warehouse of Walther & Huss InnovationsManagement GmbH to the customers’ address.
5.3 The delivery times shown are non-binding. If possible the whole shipment will be delivered in one shipment. Otherwise Walther & Huss InnovationsManagement GmbH carries the additional costs.
5.4 In case Walther & Huss InnovationsManagement GmbH is not able to deliver the ordered goods without own fault due to the fact that the supplier does not fulfill its commitments, Walther & Huss InnovationsManagement GmbH is entitled to cancel the contract. In this case Walther & Huss InnovationsManagement GmbH has to inform the customer that the ordered goods are not available. Already received payments from the customer have to be reimbursed.
5.5 In case of delay due to force majeure, sovereign intervention, catastrophes, war, riots, strike in own companies, suppliers or transport companies or due to other circumstances that are not influenceable by Walther & Huss InnovationsManagement GmbH, Walther & Huss InnovationsManagement GmbH is freed from the obligation to supply as long as the circumstances persist. After the circumstances are finished, the Walther & Huss InnovationsManagement GmbH may catch up the shipment.
5.6 As far as the delivery is impossible, because the delivered goods do not fit through the door or the staircase or due to the fact that the customer cannot be met at the address mentioned, the customer has to carry the costs for the unsuccessful delivery.
5.7 If the customer refuses to accept the goods without having opened and examined, Walther & Huss InnovationsManagement GmbH is entitled to charge the costs for delivery and return shipment to the customer.
6. Terms of Payment
6.1 6.1 The prices include the value added tax (VAT) valid on the date of purchase order. If an increase of the value added tax has been executed by the government, Walther & Huss InnovationsManagement GmbH is obligated to charge the increased value added tax.
6.2 The invoice contains the net. price for the goods or services and the value added tax that is valid on the date of issuing the invoice.
6.3 Walther & Huss InnovationsManagement GmbH may exclude certain methods of payment to protect from credit risk or deliver goods only after complete payment (prepayment, down-payment at delivery).
6.4 Walther & Huss InnovationsManagement GmbH advises the customer to print the confirmation of the purchase order and store a copy at a safe place. The same is valid for invoices being sent by e-mail for every delivery.
7. Reservation of Property Rights
Walther & Huss InnovationsManagement GmbH is proprietor of all goods having been delivered to the customer until receipt of final and complete payment. In case goods have to be changed i.e. due to technical defect the proprietary of the good being changed will change exactly at the point of time, when Walther & Huss InnovationsManagement GmbH hands over the replacement good to the customer and receives the defective good from the customer.
8. Warranty for Defects
8.1 Walther & Huss InnovationsManagement GmbH ensures that the products are free of material defects and defects of title according to §434f BGB at the point of time of the transfer of perils.
8.2 If the delivered goods show obvious material or production defects including transport damage, the customer is asked to claim these failures to Walther & Huss InnovationsManagement GmbH. The failure to file timely complaint has to effect on other entitlements. For the rest the regulations according to §§434ff., 475 Abs. 1 BGB are valid.
8.3 The duration of warranty is two years and begins with the arrival of the delivered goods at the customer.
8.4 In case a defect occurs, the customer may ask for repair or delivery of a good free of defects according to §439BGB. Walther & Huss InnovationsManagement GmbH is entitled to refuse the way of supplementary performance if it is unavoidably linked with disproportional high costs. If the repair cannot avoid the defect a second time, the customer is entitled to request the delivery of a good free of defects according to §439BGB, decrease the price or recall the contract. The recall is excluded if the defect is insignificant. Furthermore §437BGB is valid.
8.5 Requirement for warranty claims is that the defect did not occur due to improper use or overstraining. If a defect shows up 6 months after handover, the customer has to prove that the defect was already present at the time of handover. Otherwise Walther & Huss InnovationsManagement GmbH may prove that the goods did not show any defect at the time of handover.
9.1 As far as no additional agreement has been made, Walther & Huss InnovationsManagement GmbH is liable according to legal requirements.
9.2 For other damages than injury of life, body and health, Walther & Huss InnovationsManagement GmbH is only liable as far as the damages are caused by careless actions or culpable infringement of a fundamental contractual obligation by Walther & Huss InnovationsManagement GmbH. In case Walther & Huss InnovationsManagement GmbH infringes a fundamental contractual obligation, the liability to pay damages for damages to property is restricted to the typically occurring damage. The regulations of the Product Liability Act stay unaffected. Walther & Huss InnovationsManagement GmbH is not liable for damages that did not occur at the delivered product itself; especially Walther & Huss InnovationsManagement GmbH is not liable for any loss of profit or any other financial damage of the customer.
9.3 As far as the contractual liability of Walther & Huss InnovationsManagement GmbH is restricted or excluded, it is valid for the personal liability of employees, agents or assistants.
9.4 The period of limitation is two years after delivery.
9.5 The transfer of liability claims of the customer is excluded.
10. Choice of law and legal venue
10.1 German law is applied on all legal relationships and terms and conditions between Walther & Huss InnovationsManagement GmbH and customers. The appliance of the UN Convention on contracts for the International Sale of Good of November 11th 1988 is excluded.
10.2 The regulations of 10.1 do not affect imperative regulations of the law of the state where the customer usually resides if the customer entered a contract not for business or commercial activities and if the customer has executed the required legal actions for closing a contract regarding the law of the state where the customer usually resides.
11. Obligation to observe confidentiality
11.1 Personal data of our customers are collected and used according to the legal regulations of the Federal Data Protection Act and the Tele Service Data Protection Act. These are the details entered by the customer during the ordering process and the information provided from the customers’ provider (IP address).
11.2 Walther & Huss InnovationsManagement GmbH uses the customers’ information for processing the purchase orders, delivering the goods and provide services and processing the payment.
11.3 Further information about collection and use of personal data by Walther & Huss InnovationsManagement GmbH can be found in the data protection notice.
11.4 Both parties are obliged to handle all confidential information that became known during the business relationship in a confidential way. This is also valid for the time after the business relationship.
11.5 Walther & Huss InnovationsManagement GmbH is obliged not to hand personal customer information including home address and email address without explicit and revocable agreement of the customer to third parties. Excluded are service companies that need the data to execute the purchase order (i.e. the shipping company or the credit institution). In this case the transfer of data is restricted to a minimum.
12. Links and contents of a third party
12.1 As far as additional information becomes accessible due to links to other servers or websites, Walther & Huss InnovationsManagement GmbH advises that a control of content does not take place. Walther & Huss InnovationsManagement GmbH has no influence on the contents of these third parties and their compliance with all legal regulations. Walther & Huss InnovationsManagement GmbH does not take responsibility for any content shown on these websites.
12.2 Furthermore Walther & Huss InnovationsManagement GmbH does not take any responsibility for the input of page contents from trade partners or cooperation companies due to the fact that these contents are third party contents.
13. Severability Clause
In case single regulations of these Terms and Conditions or contract with the customer become completely or partly ineffective, the rest of the contract stays unaffected.
For contracts with registered traders the place of fulfillment and exclusive jurisdiction is Hamburg, Germany. The jurisdiction in Hamburg, Germany is also justified in case the place of residence of the signatory is unknown or not in Germany (anylonger) when complaint is raised.
July 19th 2009