Terms and Conditions
§1 Scope of application
For the business relations between DANHAG - Ing. Büro Gornicki and the consumer and/or entrepreneur, the following general terms and conditions, in addition to the legal provisions, are applicable in their valid version at the moment of the order.
The contract language is German.
A consumer within the meaning of the following regulations is any natural person concluding[...] a legal transaction with an objective which can be attributed neither to his commercial activities nor his work as self-employed person.
An entrepreneur is every natural or legal person or a partnership with legal capacity entering into legal transaction that fall within the scope of their commercial or independent business activities.
For entrepreneurs objective, which can be attributed neither to his commercial activities nor his work as self-employed person.these general terms and conditions apply also for all future business relations without having us to refer to these again. If the entrepreneur uses contradicting or supplementary general terms and conditions, their validity is here expressly rejected; they will only become part of the contract if expressly approved by us
§2 Conclusion of contract, contract partner
The offer and the presentations of our products in the online shop, on product pages or flyers is not binding and no legally binding offer for the conclusion of a contract.
By clicking on the button „Buy“ you agree to a binding order of the goods contained in the shopping cart.
If the customer orders via an online shop the receipt of the order will be confirmed immediately by e-mail to the e-mail address given by the customer during the ordering process. The order confirmation is no legal effective acceptance declaration, but it only informs the customer that we have received his order.
Alternatively you can order in writing by post, by telephone or by e-mail. In this case DANHAG - Ing. Büro Gornicki accepts the order of the customer by the delivery of the ordered products if the ordered products are available.
DANHAG - Ing. Büro Gornicki can accept the order of the customer by sending an order confirmation per e-mail to the e-mail address given by the customer during the ordering process or by the delivery of the products within five days.
The processing of the order in the online shop and the transmission of all required information relating to the conclusion of the contract will be performed per e-mail. Please make sure that the e-mail address you left with us is correct, that the reception of the e-mails is technically guaranteed and not prevented by SPAM filters.
Contract partner with the customer is:
DANHAG - Ing. Büro Gornicki
Boizenburger Str. 30
The prices in the online shop, valid at the time of order, apply to the delivery.
All prices for private customers stated in the onlines shop include the statutory applicable value added tax. In case of a VAT increase, DANHAG - Ing. Büro Gornicki is obligated to charge the VAT rate that will be valid then.
The arising shipping costs are not included in the purchase price and have to be payed additionally by you. The shipping costs can be found at any time in the online shop or in the respective product description and will be shown separately during the ordering process.
The invoices include, in additon to the unit net price and the total net price, the further ancillary costs (fees, valid VAT/VAT rate). The VAT will be deducted for deliveries within the EU (intra-trade) only on indication of the customer's valid value added tax identification number, for deliveries outside the EU (extra-trade) in general.
§4 Terms of payment, default of payment
In case of payment by prepayment the customer will receive, together with the order confirmation, all required data for the bank transfer per e-mail, post or fax. The goods will be shipped not later than one working day after receipt of payment.
SOFORT bank transfer
SOFORT bank transfer is the direct bank transfer procedure of the company SOFORT AG. With SOFORT bank transfer the customer initiates, immediately after clicking on the button „Buy“, a bank transfer for the respective amount from his online banking account. After termination of the SOFORT bank transfer we receive an instant payment confirmation and after that, the goods will be shipped within one working day. SOFORT bank transfer complies with the high security standards of the online banking and has the data protection, verified by the TÜV. No registration or credit card is required.
In case of payment on invoice the goods will be shipped not later than one working day after reception of the order. The invoice is included in the shipment, the deadline of payment is 14 days after receipt of the invoice.
Default of payment
If the customer defaults in payment, we will charge the legal default interest in the amount of 5 percentage points above the respective base interest rate indicated by the Deutsche Bundesbank. Our right, to claim potentially higher damages caused by delay shall remain unaffected by this. We reserve the right to withdraw from the contract in case of payment delay of the customer. We assume no liability for damages caused by non-delivery.
DANHAG - Ing. Büro Gornicki can assign or pledge to
third parties all due purchase claims against the customer in connection with the delivery of goods, including possible due instalment rates and fees.
In principle we deliver to all selectable countries in our online shop. If you want a delivery to another country we will gladly try to help you.
For the delivery to the customer's delivery address we charge the shipping costs in addition to the purchase price. The shipping costs can be found at any time in the online shop or in the respective product description and will be shown separately during the ordering process.
Delivery is carried out by us not later than five working days after receipt of the order or, in case of payments by prepayment, after the receipt of money, with the reservation of the correct and timely delivery and that we are not responsible for missing availabilities. Compensation for damages, even in case of late or uncomplete delivery, is excluded if no gross negligence can be proved.
All data concerning shipment, delivery time, delivery and availability of a product are estimated date and are no binding or guaranteed shipment or delivery times. In case of a delivery delay DANHAG - Ing. Büro Gornicki will immediately inform the customer.
In case of visible transport damages you may refuse the acceptance of the shipment. If you find out the damage after receipt of the shipment only or in case of a hidden transport damage please contact the competent carrier within three working days upon receipt. You have to request a confirmation of the damaged shipment by the carrier which you have to provide, together with the damaged shipment, for the replacement delivery.
§6 Retention of title
The delivered goods remain our property until they have been fully paid up.
§7 Warranty / Liability
The statutory warranty rights are valid.
Our specifications and offers concerning the equipments and product descriptions are non-binding, misprints and errors reserved. With regard to the continuous technical development and improvement of products we reserve the right to modify the construction and design of our products.
DANHAG - Ing. Büro Gornicki guarantees that, according to the respective technical status, the goods are free of material defects, i.e. that they are suitable for the intended purpose or for the usual purpose and indicate properties which are usual for goods of the same type.
For entrepreneurs exercising their commercial or independent professional activity the warranty period is twelve months after delivery of the purchased goods.
If your order can be attributed neither to your commercial nor to your independent professional activity, the warranty period is 24 months after delivery of the purchased goods.
Vehicles underwent a constandly development by the vehicle manufacturers. As we are not informed about these changes immediately, in rare cases some functions of our APP-control might not work with your car. If it does not work as expected, you can return the APP-control and we will refund the purchase price. Costs for installing and uninstalling the APP-control will not be refunded.
§8 Applicable law and jurisdiction
The contracts concluded with DANHAG - Ing. Büro Gornicki are exclusively subject to the material law of the Federal Republic of Germany, [...] with exception of the UN agreement about the international purchase of movables, even if the customer is living outside the Federal republic of Germany. The consumer protection regulations applicable in the country where the customer has his usual residence are the exception to the applicable law.
If you, as customer, are entrepreneur in the sense of § 14 BGB (German civil Code), the place of performance for all mutually out of the contract owed performances is Berlin.
§9 Severability clause
Should individual terms of these general terms and conditions[...] be partially of completely ineffective, the validity of the general terms and conditions[...] as a whole is not affected.