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| General Terms and Conditions of Business |
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1. Area of Application
These General Terms and Conditions of Business (GTCB) are applicable to all deliveries of
HWR-Chemie GmbH to consumers (Sec. 13 BGB / German Civil Code).
2. Contracting Parties
The purchase contract is made with: HWR-Chemie GmbH, Moosfeldstrasse 7, 82275 Emmering, Germany.
3. Offer and Completion of Contract
3.1 The presentation of the products in the online shop does not constitute a binding offer,
but an invitation to order. All offers are deemed effective “as long as stocks last” unless
otherwise specified for certain products. Errors excepted.
3.2 By clicking the button “Confirm order” as the final step of the ordering process you make
a binding order for the products included in the shopping basket. The purchase contract will
only become effective upon our acceptance of your order given by way of a confirmation of order
via email after the receipt of your order.
4. Right of Revocation
4.1 Consumers (Sec. 13 BGB) are entitled to a statutory right of revocation.
Revocation Facts:
Right of Revocation
You may revoke your contract statement within two weeks in text form (e.g. by letter, fax, email)
without the need to give any reasons, or by returning the product. The relevant period will only
start to run upon the receipt of this information. To meet the revocation period it is sufficient
to dispatch the revocation or the product in due time. The revocation shall be addressed to:
HWR-Chemie GmbH, Moosfeldstrasse 7, 82275 Emmering, Germany
Fax: ++49 (0) 8141 / 510350, Email: info@hwr-chemie.de
Consequences of Revocation
In the event of an effective revocation the mutually received payments and/or services shall be
returned, as well as any usufructs (e.g. interest) resulting thereof, if any. If you cannot return
the payment and/or service as a whole or in part, or just in a deteriorated condition, you will have
to provide compensation of the relevant value to us, if applicable. That does not apply to the
delivery of products if the deterioration of the product is exclusively due to its testing –
as it would have been possible for you to test in a shop. Besides, you can avoid the obligation to
provide value compensation by refraining from taking the subject matter into use as your property
and by avoiding anything which could adversely affect its value. Products shall be returned.
You shall bear the costs for the return shipment. You are obligated to comply with your obligations
to pay, if any, within 30 days after sending your statement of revocation.
Special Notes
Your right of revocation will cease earlier if your contract partner started to perform the service
with your explicit consent prior to the end of the revocation period, or if you yourself caused such
performance.
5. Prices and Shipment Costs
5.1 The prices specified on the product pages include the statutory value added tax and other price elements.
5.2 In addition to the indicated prices we will charge a fix shipment cost fee for the delivery of each
order. The shipment fees are clearly indicated not only on the product pages, but also in the basket system
and on the order page. There will be no further taxes or costs.
6. Delivery
6.1 As a rule, about 3 working days should be allowed for delivery. Any deviating delivery periods will
be specified on the relevant product pages.
6.2 If it is not possible to deliver the ordered product in due time as a consequence of late delivery
by our suppliers, we will inform you immediately. In such a case you are free to wait for the ordered
product or to cancel your order. If you decide to cancel, any consideration already given will be returned
to you immediately.
7. Payment
7.1 Any payment shall be made on an advance payment basis. We specify our banking details in the confirmation
of order and deliver the products to you upon receipt of payment.
7.2 You are entitled to set-off only if your counterclaims have been recognized by declaratory judgement or
acknowledged by us in writing.
7.3 You can only exercise a right of retention to the extent as the claims result from the same contractual
relationship.
8. Reservation of Title
We retain title to the products until full payment has been made.
9. Warranty
Warranty is subject to the statutory regulations. For every defect occurring during the statutory warranty
period of two years upon delivery you are legally entitled to subsequent performance (at your option:
removal of defect or new delivery) and – if the legal prerequisites are met – to the statutory rights of
price reduction or rescission of contract and concurrently to damage compensation. You have to allow us a
total of two attempts to remedy any defects. If the type of subsequent performance you opted for is only
possible at unreasonable costs, your claim will be limited to the other type of subsequent performance.
10. Liability
HWR-Chemie GmbH shall in no case be liable for the compensation of direct or indirect damages, including
such for lost profit, unless in case that HWR-Chemie GmbH caused the damage intentionally or with gross
negligence.
11. Venue
Venue for all disputes, including bills of exchange and cheque-related legal action, shall be
Fürstenfeldbruck, Germany. Any and all disputes between the contracting parties shall be governed by the
law of the Federal Republic of Germany safe as otherwise agreed in writing. The uniform law concerning
the international sale of movable objects shall not be applicable. Oral collateral arrangements must be
confirmed in writing to become effective. If any of the provisions of these Terms and Conditions of
Business should be ineffective as a whole or in part, that shall not affect the effectiveness of the
other provisions. The parties shall replace such provision which is ineffective or requires amendment
or interpretation by a new regulation corresponding with the intended economic purpose.
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