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General Terms and Conditions (GTC) of Harrel GmbH & Co.

(valid from 01.09.2019. Replaces all previous General Terms and Conditions)

  1. scope of application

    These general terms and conditions regulate the sale of products to customers via the harrel-rs.com website.For the rest, the provisions of our data protection declaration, which can be retrieved and stored at harrel-rs.com, apply to the use of our website.
  2. webshop operator

    Operator of this webshop is the
    Harrel GmbH & Co. KG
    Mangenberger Str. 363
    42655 Solingen, Germany
    (hereinafter referred to as „Harrel“)
  3. order and conclusion of contract

    The presentation of the products in the webshop is not a legally binding offer by Harrel, but merely an offer. The customer can place desired products in the shopping cart without obligation and view the contents of the shopping cart and remove products from the shopping cart at any time. If the customer wants to purchase the products placed in the shopping cart, he can make a corresponding order.

    1. Guest order and customer account

      Before placing an order, the customer has the choice of ordering as a guest or creating a customer account. A registration is not necessary for an order. A registration enables you to order for future orders after entering your e-mail address and password, without having to enter your address data again.The customer is responsible for the confidential treatment of the account and password. If you want to order without registration, you can enter your address data after clicking the “Guest order” button. The customer must state his first and last name, his billing address and, if different, a delivery address. And his e-mail address, from which he can receive, read, store and print e-mails from Harrel. By placing an order in the webshop, which is completed by clicking on the “BUY NOW” button, the customer submits an offer to conclude a purchase contract. The receipt of the order will be confirmed to the customer by Harrel via e-mail to the e-mail address provided by the customer. This confirmation is not yet an acceptance of the contract offer of the customer. The contract between the customer and Harrel is only concluded with the delivery of the ordered goods, which the customer receives a shipping confirmation via e-mail to the e-mail address provided by the customer.
    2. Value added tax agreement with corporate customers

      If the customer is registered for sales tax in a member state of the European Union and has received a sales tax identification number from a member state of the European Union, the customer can provide this sales tax identification number and use it for purchases on harrel-rs.com subject to the conditions listed below. The VAT identification number should only be transmitted if all the conditions listed below have been noted and accepted. After checking the VAT identification number, our systems determine whether VAT is due on the purchases and automatically issue a valid invoice in accordance with the EU VAT Directive and local VAT regulations. If no sales tax is charged on purchases, the customer must note that he is responsible, where applicable, for meeting his sales tax obligations under the EU VAT Directive and local sales tax regulations.The customer assures that the sales tax identification number and the decision on the assignment of a sales tax identification number, which he indicates on harrel-rs.com, belongs to the company he operates and that this company is registered for sales tax in a member state of the European Union. The customer affirms that all transactions via the customer account on harrel-rs.com are business-related transactions of the company assigned to the sales tax identification number and the sales tax certificate that the customer provides to Harrel. Customer represents and warrants that the sales tax identification number, the notice of assignment of a sales tax identification number and all other information provided by Customer are true, accurate and current, and that such information stored by Harrel will be updated immediately in the event of changes. All information, including the sales tax identification number, will be collected, processed and managed in accordance with the terms and conditions set forth in Harrel’s Terms and Conditions and Privacy Policy.Harrel reserves the right, to the extent permitted by law, to request further information from the customer or government agencies and agencies and to obtain confirmation of the validity of the account information (including the sales tax identification number and/or sales tax certificate). Customer hereby authorizes Harrel to request and obtain such information from the appropriate governmental authorities and agencies as Harrel deems necessary. In addition, the customer agrees to provide this information to Harrel upon request. Harrel reserves the right to invoice Customer for any unbilled sales tax incurred if Customer has provided a sales tax identification number which is found invalid or unrelated to the Customer’s business data or which the tax authorities determine does not relate to the harrel-rs.com account holder placing the order. The customer hereby grants Harrel the right to charge its credit card or account with this uninvoiced sales tax.You agree to receive invoices electronically. Electronic invoices are provided in PDF format in the My Account section of the website.

  4. right of revocation

    Revocation instruction

    The customer has the right to revoke this contract within fourteen days without giving reasons. The period of withdrawal shall be fourteen days from the date on which he or a third party other than the carrier designated by him took possession of the goods. In order to exercise the right of withdrawal, we must be informed by means of a clear declaration (e.g. a letter, fax or e-mail sent by post) of the decision to withdraw from this contract. If this option is used, Harrel will immediately (e.g. by e-mail) send a confirmation of receipt of such a revocation. In order to comply with the withdrawal period, it is sufficient for the notification of the exercise of the right of withdrawal to be sent before the expiry of the withdrawal period.

    Consequences of revocation

    If Customer cancels this Agreement, Harrel shall repay all payments received in connection therewith, including delivery charges (other than additional charges arising from Customer’s choice of a different method of delivery from the standard, low-cost delivery offered by Harrel), promptly and no later than fourteen days from the date of receipt by us of notice of cancellation of this Agreement. For this refund, Harrel will use the same means of payment as the Customer used for the original transaction, unless expressly agreed otherwise with the Customer, in which case no fees will be charged for this refund.Harrel may refuse a refund until the goods have been returned or proof has been furnished that the goods have been returned, whichever is earlier. The goods shall be returned or delivered to Harrel immediately and in any event no later than fourteen days from the date on which the customer notifies Harrel of the cancellation of this contract. The period shall be deemed to have been observed if the goods were dispatched before the expiry of the period of fourteen days. The customer bears the direct costs of returning the goods. The customer shall also be liable for any loss in value of the goods if such loss in value is due to handling of the goods which is not necessary for checking their condition, properties and functionality.

    Exclusion of the right of revocation

    The right of revocation does not apply to contracts for the delivery of goods which are not prefabricated and for the manufacture of which an individual selection or destination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer, for the delivery of goods if these were inseparably mixed with other goods after delivery due to their nature.

  5. prices and payment

    All prices in the webshop are in Euro and are inclusive of the applicable statutory value added tax and inclusive of packaging and/or shipping costs. If packaging and/or shipping costs are incurred, these will be charged and shown separately by Harrel. The customer has the choice of the payment methods shown at the end of the order process, namely payment by PayPal, purchase on account or Klarna. The payment methods available may vary from country to country.

  6. dispatch

    The delivery is made as standard delivery by post. The products shown in the webshop are, unless otherwise expressly stated in the respective product description, immediately ready for dispatch.

  7. warranty and liability

    The warranty is provided in accordance with the statutory provisions.
    There is a 2-year warranty from the date of purchase.
    Claims from this separate manufacturer warranty exist only under the following conditions:
    The warranty covers proven defects in materials or workmanship that were present at the time of purchase of the Harrel product.
    The warranty does not cover wear parts, damage caused by improper handling or use, or damage caused by external intervention.
    The product has been handled in accordance with the operating instructions and used as intended.
    The damage/malfunctions are not due to force majeure or operational wear.
    Repair may only be carried out by Harrel or a company authorized by Harrel. Within the scope of this warranty, Harrel may, at its option, replace the product as a whole or only the defective parts, or provide an equivalent replacement. Transport, packaging and travel costs as well as damages for which the buyer is responsible are excluded from the guarantee. These are to be borne by the buyer. Warranty claims may only be made by the original purchaser of the Harrel product. The purchase receipt/invoice must be sent with the defective product. For more information on warranty returns, contact Harrel.In case of faulty goods, please contact Harrel Customer Service at
    +49 (0)212 23246-0 from Monday to Thursday (weekdays) from 9am to 3pm and Friday from 9am to 12pm (weekdays).
    Harrel’s liability for damages or futile expenses – for whatever legal reason – shall only arise if the damage or futile expenses were caused either by Harrel or its vicarious agents through culpable breach of a material contractual obligation or due to a grossly negligent or intentional breach of duty by Harrel or its vicarious agents.In the event of a breach of a material contractual obligation by Harrel or its agents without gross negligence or intent, Harrel’s liability shall be limited to the foreseeable, typically occurring damage.
    The foregoing limitations of liability shall not apply to the extent that Harrel’s liability is mandatory under the provisions of the Product Liability Act or if claims are asserted against Harrel based on injury to life, limb or health.

  8. out-of-court settlement of disputes
    The EU Commission provides a platform for out-of-court dispute resolution.
    This gives consumers the opportunity to resolve disputes related to your online order initially without the intervention of a court.The dispute resolution platform can be accessed via the external link http://ec.europa.eu/consumers/odr/ .Please contact us directly if you have any questions or problems: info@harrel-rs.com
  9. retention of title
    Until full payment, the delivered product remains the property of Harrel.
  10. final provisions

    Subject to mandatory consumer protection regulations, this contract is subject exclusively to German law with the exception of the UN Convention on Contracts for the International Sale of Goods of 11 April 1980. Should individual provisions be or become invalid, this shall not affect the remaining provisions.Instead of the invalid provision, the relevant statutory provisions shall apply.

 

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