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Terms and Conditions (T&Cs)

> T&Cs

General terms and conditions of sale and delivery for the Internet trading of Hytec-Hydraulik OHG

I. Payment terms

(1)You will receive an invoice together with the goods and pay by bank transfer within 30 days net or within 10 days with 2% discount.

(2)Alternatively you can authorise Hytec-Hydraulik by signing to a SEPA- Basicmandate to transfer the amount from your account via direct debit. The payment will happen within 10-14 days with 3% discount. The time limit for the preannouncement (Pre-Notification) will be decreased to max. 5 days. The Customer is responsible to provide sufficient funds to cover the direct debit. Costs due to insufficient funds or negative booking operations of the direct debit have to paid by the customer, if they have not been caused by Hytec-Hydraulik OHG.

(3) Prepayments can be done by bank transfer with 3% discount or PayPal without discount.

(4) It is possible to pay by cash on delivery on request.

(5) Hytec-Hydraulik OHG reserves the right to exclude certain payment methods and to accept only prepayment, cash on delivery or down payment to hedge the credit risk in some cases.

II. Terms of delivery

The fixed rate for shipments within Germany is 4,35 Euro, For as little as 150 Euro total we will deliver free of charge. We charge an additional 5,00 Euro for tubes and lances longer than 1,0 meter and max. 1,5 meter long. For deliveries abroad special terms and conditions apply.

III. Right of return

Right to cancel

You are entitled to cancel the contract within one month without indicating any reason.

The respite starts on the day when you or someone entitled by you who is not a supplier receives the goods and lasts one month. The return demand has to be sent to:

Hytec-Hydraulik OHG
Harbker Weg 2a
38350 Helmstedt
Tel. 05351/523520
Fax 05351/5235218
eMail: info@hytec-hydraulik.de

Please explain the demand of withdrawal in text form (e.g. letter, fax or email) or by telephone (Mo.-Fr. 8.00am -04.00pm). You may use the enclosed withdrawal form but you dont need to.

<<Download: Withdrawal form>>

To keep your right of return it is required to post your message within the period of cancellation.

Consequences of return

If you choose to cancel the contract we have to transfer all the payments received by you back to your account, including delivery costs (Except any extra costs that occurred if you chose a different method of delivery than standard delivery). We have to pay you back within fourteen days after we received you notice of cancellation. The refundment will be transferred the same way you chose to pay us in the first place, except you arranged a different way explicitly with us. Under no circumstances you will be charged any fee because of your refundment. We are entitled to refuse the payment until we receive the goods or you are able to prove that you have sent the goods, depending which happens faster.

You have to send or hand back the good within fourteen days from the day you instructed us about the cancellation. You keep the terms if you post the goods within 14 days. You have to bear any incurred expenses of return.

Only if the depreciation is not due to a necessary handling to test the quality, properties or function you have to pay compensation.

The right of return does not apply to:

- goods produced according to customer specifications or that are clearly taylored to the individual requirements of the customer (e.g. press fitted hydraulic hoses from our hose-configurator or according to your requirements, hydraulic aggregates which are not included in our standard program)..

- goods which have been produced to the customer's specifications made of standard components.

- special customer orders such as specially for the customer ordered spare parts.

end of return instruction

 

IV. Prices

All Prices listed are final prices including 19% VAT.

V. 24 Hour Delivery

Orders received until 1pm are usually posted on the same day without any extra fee. Big articles above 30kg are transported by conveyance and take about 4 days usually (e.g telescope cylinders, power units). Reservation of the self supply Hytec-Hydraulik OHG will take care of a fast delivery. In case a part of your order is not immediately available we will send you the remaining goods without charging for delivery.

VI. Method of Delivery

The standard method of delivery is via the Deutsche Post AG. We conclude a transport insurance for all our parcels. Articles above 30kg are transported by conveyance. Optional we send your order via Post-Express for an additional 30 EUR (Guaranteed delivery till 12am on the next day).

VII. Passing of risk

If the ordering party is a registered merchant, the risk will pass to the buyer with the dispatch of the delivered parts also if the there are partial deliveries If the ordering party is an enduser, the risk will pass to the buyer not until the receipt of the delivered parts.

VIII. Extended reservation of proprietary rights

1. The supplier retains ownership of the delivery item until all payments under the delivery contract have been received. If the purchaser processes the supplier's goods with other goods not belonging to the supplier the Supplier is entitled to co-ownership in the new item at the level of the ratio of the value of the processed, transformed or amalgamated goods subject to retention of title to the value of the other processed goods at the time of the processing, transforming or amalgamating. For the new item the same is valid as for the conditional goods. In the case of the resale of conditional goods or of the new thing of the buyer any claims incurred by buyer from the resale shall be deemed to have been assigned hereby to seller amounting to the invoice value of the conditional goods.

2. The customer is not allowed to pledge the delivery item or to assign it by way of security. He shall inform the supplier immediately in the event of their seizure as well as attachment or other disposal by a third party.

3. If the client breaches the terms of the contract, in particular through default of payment, the supplier is entitled to recover and the client is obliged to release the item following a written warning. The enforcement of retention of title as well as the attachment of the delivery item by the supplier shall not be considered as a termination of the contract.

4. The supplier shall be entitled to insure the objects of the supply against theft, breakage, fire, water and other damages, at the costs of the purchaser, as far as the purchaser himself cannot evidence such an insurance.

IX. Availability Clause

If Hytec-Hydraulik OHG realizes after conclusion of the contract that the goods or services ordered are no longer available or cannot be delivered for legal reasons, Hytec-Hydraulik OHG may either offer goods or services of a similar quality and price or rescind the contract. Furthermore §§ 434 Abs. 3, 475 Abs. 1 BGB is valid Hytec-Hydraulik OHG will inform the customer as soon as an unavailability is foreseeable. Payments already received will be refunded by Hytec-Hydraulik OHG without delay after the withdrawal from the contract.

X. Warranty

1. Hytec-Hydraulik OHG warrants that the products are at the time of delivery due to an agreed quality and are free of material faults. This means that the goods are suitable for the utilization purpose assumed under the agreement, or that they are suitable for general utilization and has properties that are typical for things of the same type and can be expected by the Customer according to the product type or specification of Hytec-Hydraulik OHG Furthermore the statutory regulations acc. to § 434 Abs. 2 and 3 BGB are valid.

2. The customer must inspect the goods immediately upon delivery and advise us of any defects within two weeks of delivery in written form. In the case of hidden defects the notice of defect is to make within the warranty period. Furthermore the statutory regulations acc. to §§ 434 ff., 475 Abs. 1 BGB are valid.

3. The warranty period amounts two years. The term begins when the customer receives the goods.

4. If the delivery is faulty or defective in any way the customer shall be free to demand a remedy of the defect or the supply of defect-free goods acc. to § 439 BGB Hytec-Hydraulik OHG may refuse acc. § 439 to the type of supplementary performance the buyer selected if it is only possible at disproportionate expense. If a defect can not be repaired after two attempts the buyer is entitled to demand delivery of non-defective goods or to reduce the purchase price or withdraw from the contract. In case of an insignificant defect the withdrawal shall be excluded Furthermore the statutory regulations acc. to § 437 BGB are valid.

5. Concerning possible claims for damages due to obvious defects in the goods the legal regulations apply.

6. Warranty claims presuppose that the defect has not been caused by misuse or overstraining. If a defect appears only later than 6 months after delivery, the customer must furnish proof that the product was defective upon passage of risk. Otherwise, Hytec-Hydraulik OHG is entitled to furnish proof that the product was free of defects at the time of delivery.

XI. Data security and data protection

During the order process there is a continuous high security through SSL-encoded data transmissions. Through SSL- coding (secure sockets layer) your datas are protected against access from outside We know that you will only buy at our shop, if we can put across to you how secure we are. More information are available at our data protection regulations.

XII. Other

In the event that individual provisions of these terms and conditions should become ineffective in whole or in part, the remaining terms and conditions remain unaffected. Delivery will be made as long as stock lasts. Changes and errors excepted.
© 1998 - 2015 Hytec-Hydraulik OHG. All rights reserved. All prices include 19% German VAT, plus Shipping Costs.