Terms of service

General Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 Basic Provisions

(1) The following terms and conditions apply to contracts concluded between you as the customer and us as the provider (MFL UG (haftungsbeschränkt)) via the website www.hauk-products.com. Unless otherwise agreed, the inclusion of any terms and conditions of your own is hereby rejected.

(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that predominantly are outside their trade, business, or profession. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in exercise of their independent professional or commercial activity.

§ 2 Conclusion of the Contract

(1) The subject of the contract is the sale of goods.

(2) By listing the respective product on our website, we provide you with a binding offer to conclude a contract via the online shopping basket system under the conditions stated in the product description.

(3) The contract is concluded via the online shopping basket system as follows:
The goods intended for purchase are placed in the “shopping basket”. You can access the “shopping basket” at any time via the corresponding button in the navigation bar and make changes there.

After clicking the “Checkout” or “Proceed to checkout” button (or similar designation) and entering your personal data as well as the payment and shipping terms, all order details will be displayed again as an order overview.

If you use an instant payment method (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay), you will either be directed to the order overview page in our online shop or to the website of the respective instant payment provider.

If you are redirected to the respective instant payment provider, make the appropriate selections or entries there. You will then be presented with your order details as an order overview either on the provider’s website or after returning to our online shop.

Before submitting your order, you have the opportunity to check, amend (including via the “back” function of your browser) or cancel the order.

By submitting the order via the corresponding button (“place binding order”, “buy” / “buy now”, “order with obligation to pay”, “pay” / “pay now” or similar designation), you declare the legally binding acceptance of the offer, which concludes the contract.

(4) Your enquiries for the creation of an offer are non-binding for you. We will provide you with a binding offer in text form (e.g. by email), which you may accept within 5 days (unless a different period is specified in the respective offer).

(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out via email, partly automated. You must therefore ensure that the email address you provide to us is correct, that the receipt of emails is technically ensured and, in particular, not blocked by spam filters.

§ 3 Special Agreements regarding Offered Payment Methods

(1) Payment via Klarna
In cooperation with the payment service provider Klarna Bank AB (publ) (Sveavägen 46, 111 34 Stockholm, Sweden; “Klarna”), we offer the following payment options. Payment is made directly to Klarna:

The use of invoice and/or instalment purchase and/or direct debit requires a successful credit check. For this purpose, we transmit your data to Klarna during the purchase process. Only the payment methods permitted based on the credit check will be offered.

Further information on Klarna and Klarna’s user terms for Germany can be found at:
https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/user
and https://www.klarna.com/de/

(2) Payment via “PayPal” / “PayPal Checkout”
If you select a payment method offered via “PayPal” / “PayPal Checkout”, the payment processing is carried out by PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22–24 Boulevard Royal, L-2449 Luxembourg; “PayPal”).
The individual payment options available via PayPal are displayed under an appropriately labelled button in our online presence and during checkout. PayPal may use third-party payment services for processing; if special terms apply, you will be informed separately.

Further information on PayPal:
https://www.paypal.com/de/webapps/mpp/ua/legalhub-full

§ 4 Right of Retention, Reservation of Title

(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.

(2) The goods remain our property until full payment of the purchase price.

(3) If you are an entrepreneur, the following applies additionally:

a) We retain title to the goods until all claims arising from the current business relationship have been settled. Prior to transfer of ownership, pledging or assigning the goods as security is not permitted.

b) You may resell the goods in the ordinary course of business. You hereby assign to us all claims arising from the resale in the amount of the invoice value. We accept this assignment. You are authorised to collect the claim unless you fail to fulfil your payment obligations properly.

c) If the goods are combined or mixed with other items, we acquire co-ownership of the new item in proportion to the invoice value of the goods to the other processed items at the time of processing.

d) We undertake to release securities upon your request if the realisable value of our securities exceeds the secured claim by more than 10%. We may choose which securities to release.

§ 5 Warranty

(1) Statutory warranty rights apply.

(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier as soon as possible. Failure to do so has no effect on your statutory warranty rights.

(3) If a characteristic of the goods deviates from the objective requirements, this is deemed agreed only if you were informed before entering into the contract and the deviation was expressly and separately agreed.

(4) If you are an entrepreneur, the following applies:

a) Only our own specifications and the manufacturer’s product description are deemed to be agreed characteristics; public statements or advertisements are not.

b) In the event of defects, we may choose between repair or replacement. After two failed attempts, you may demand a price reduction or withdraw from the contract.

c) The warranty period is one year from delivery, except for:
– damages resulting from injury to life, body or health caused by us,
– other damages caused intentionally or by gross negligence,
– fraudulent concealment of defects,
– a guarantee for the condition of the item,
– recourse claims under law,
– items used for a building and having caused its defect.

§ 6 Choice of Law, Place of Performance, Jurisdiction

(1) German law applies. For consumers, this applies only insofar as the protection granted by mandatory laws of the country of habitual residence is not withdrawn.

(2) Place of performance and jurisdiction for entrepreneurs, legal entities under public law or public special funds is our registered office. The same applies if you have no general jurisdiction within Germany or the EU or if your residence is unknown at the time of action.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods do not apply.

II. Customer Information

1. Identity of the Seller

MFL UG (haftungsbeschränkt)
Leipziger Str. 14
26209 Hatten
Germany
Phone: +49 1567 8322815
Email: info [at] hauk-products.com

Alternative dispute resolution:
The European Commission provides a platform for online dispute resolution (ODR), available at:
https://ec.europa.eu/odr

We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.

2. Information on the Conclusion of the Contract

The technical steps for concluding the contract, the conclusion itself and the correction options follow the provisions in the section “Conclusion of the Contract” in our General Terms and Conditions (Part I).

3. Contract Language, Storage of the Contract Text

3.1 The contract language is German.

3.2 We do not store the complete contract text. Before submitting your order via the online shopping basket system, you can print or save the contract data via your browser. After receipt of your order, the order data, legally required distance selling information and the General Terms and Conditions will be sent to you again by email.

3.3 For enquiries submitted outside the online shopping basket system, you will receive all contract data as part of a binding offer in text form (e.g. email), which you can print or save.

4. Essential Characteristics of the Goods or Services

The essential characteristics of the goods or services can be found in the respective product description.

5. Prices and Payment Terms

5.1 All prices listed in the respective offers include all price components, including any applicable taxes.

5.2 Shipping costs are not included in the purchase price. These are displayed separately during the ordering process and must be paid additionally unless free shipping is offered.

5.3 For deliveries outside the European Union, additional costs may be incurred (e.g. customs duties, taxes or bank transfer fees), which you must bear.

5.4 For deliveries within the EU where payment is made from outside the EU, any incurred bank fees (transfer or exchange rate fees) are to be borne by you.

5.5 Available payment methods are listed under a corresponding button on our website or in the offer.

5.6 Unless otherwise stated, payment is due immediately upon conclusion of the contract.

6. Delivery Conditions

6.1 Delivery conditions, delivery times and any delivery restrictions can be found under the corresponding button on our website or in the respective offer.

6.2 For consumers, the risk of accidental loss or deterioration of the goods passes only upon delivery to the consumer.

For entrepreneurs, delivery is made at their own risk.

7. Statutory Warranty Rights

Warranty rights follow the “Warranty” section in our General Terms and Conditions (Part I).

These General Terms and Conditions and customer information were created by the lawyers of Händlerbund, who specialise in IT law, and are continuously reviewed for legal compliance. Händlerbund Management AG guarantees legal certainty of the texts and assumes liability in the event of warnings. Further information:
https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service

Last updated: 24 October 2024