Hopf, Ringleb & Co. GmbH & Cie. Terms & Conditions (Mail Order and Online Purchases / August 2014)

1. Purview

All contractual agreements entered into by Hopf, Ringleb & Co. GmbH & Cie. (herein after referred to as “HORICO”) and consumers are subject to the Terms & Conditions applying at the time the contract is concluded.

2. Contracting Parties

All contractual agreements entered into will be between HORICO and individual customers (herein referred to as “the Customer”) who must be 18 years of age and legally competent. If HORICO should unintentionally enter into a contractual agreement with an individual legally incapable to enter contracts, HORICO reserves the right to terminate after giving the appropriate period of notice.

3. Contract

A legally binding contract will be formed between HORICO and the Customer at the time of either HORICO confirming the receipt of the order, the Customer having received the ordered goods, or at the time HORICO agrees to provide the service(s) requested by the Customer and agreed to between the both parties.

4. Right to Cancel

4.1 Letter of Cancellation: the Customer can cancel an order without giving a reason within a time period of fourteen (14) days by sending a letter of cancellation to HORICO. The notice period commences on the date the order has been delivered. If the Customer returns an item to HORICO, the Customer agrees to pay the cost of return delivery. Items returned incomplete, damaged or in used condition may lead to the refund revised accordingly, to compensate for the depreciated value. To return a product under this policy the Customer should write to Hopf, Ringleb & Co. GmbH & Cie, Gardeschützenweg 82, 12203 Berlin, Germany. Alternatively, the Customer should send a fax to Hopf, Ringleb & Co. GmbH & Cie. at +49 30 8332995.
4.2 Simply returning the item the Customer can cancel an order without giving a reason within a time period of fourteen (14) days by returning the item to HORICO. The notice period commences on the date the order has been delivered. The Customer must provide to HORICO proof of dispatch to HORICO. Cancelling by simply returning items is subject to the item being unused, in full working condition, as well as to the cost of return delivery paid in full by the Customer. However, HORICO will pay the cost of return delivery if the Customer returns an item wrongly sent to the Customer. All items should be returned to Hopf, Ringleb & Co. GmbH & Cie, Gardeschützenweg 82, 12203 Berlin, Germany.
4.3 Providing the items are returned complete and unopened and in mint condition, HORICOs will refund the purchase price (excluding shipping costs) if the item has been fully paid for by the Customer. HORICO will refund items purchased on Open Account via crediting the respective account of the Customer.

5. Limited Availability of Items or Services

In the case of items not being available at HORICO any longer at the time the Customer’s order has been received, HORICO reserves the right to either offer the Customer items and services matching the quality and price of the original order, or to cancel the order entirely. In the latter case, HORICO shall reimburse any payment made by the Customer.

6. Typographical Errors

6.1 HORICO reserves the right to amend prices if the amount quoted on the HORICO shop should be incorrect or incomplete. In these the Customer shall be entitled to explicitly re-confirm the purchase order at the new price. Otherwise, HORICO shall have the right to cancel the order.
6.2 HORICO reserves the right to cancel contracts if one or more of the goods ordered by the Customer were described insufficiently or wrongly due to a typographical error in a printed catalogue edition/on a leaflet, or because of an error on the HORICO webshop.

7. Delivery

7.1 Products ordered from HORICO are delivered by UPS, DHL, DPD, and other contracted delivery services usually within one week.
7.2 Unless contractually agreed, all quoted delivery times are estimates.
7.3 Claims related to goods damaged during the delivery process must be directed at the respective delivery service, and must be made within 24 hours after the order has been delivered. Replacement items are subject to the Customer providing to HORICO proof of the claim being made.

8. Pricing

8.1 When purchasing items online from the HORICO web shop, the prices displayed on the "Review & Order" page apply (which may differ from the prices stated in the HORICO pricelists). Prices quoted on the web shop represent the total amount due at the time of the purchase, including VAT charge at the rate valid on the day the item is purchased.
8.2 HORICO reserves the right to individually price items offered online.
8.3 HORICO is under legal obligation to implement any price increases.
8.4 HORICO reserves the right to amend prices. In these cases the Customer shall be entitled to explicitly re-confirm the purchase order at the new price. Otherwise, HORICO shall have the right to cancel the order.

9. Payment Conditions

9.1 HORICO offers different payment methods, which can be selected by the Customer.
9.2 Defaulting on payment shall incur a payment charge of default interest. Further defaulting on payment shall result in the assignment of a collection agency. All cost associated in recovering the debt are also at the expense of the Customer. HORICO shall have the right to provide the debt collection agency with the Customer’s name (including maiden and all previous names), gender, last known address, occupation, the amount owed and the Customer’s previous credit rating.

10. Retention of Title

10.1: Title to any items or services shall remain vested in HORICO and shall not pass to the Customer until the purchase price for these items or services has been paid in full and received by HORICO.
10.2: Any replacement items provided by HORICO shall remain vested in HORICO until the item has been received by the Customer. Upon receipt, the item shall become the property of the Customer.
10.3: Any items returned by the Customer shall remain vested in the Customer until the item has been received by HORICO. Upon receipt of the returned item, the item shall become the property of HORICO.

11. Warranty

11.1 HORICO shall ensure that all items are of satisfactory quality, fit for purpose and as described at the time the items are dispatched.
11.2 In the case of the delivered item being faulty or damaged, HORICO shall provide the Customer with a replacement.
11.3 Properties and specification of any delivered item shall be according to the product information provided by HORICO.
11.4 HORICO shall only grant claims in cases in which damage or fault to an item has not been the result of inappropriate handling or misuse by the customer.
11.5 HORICO receiving a returned item in conjunction with a claim does not automatically constitute HORICO accepting the claim.

12. Liabilities

12.1: HORICO is not liable to the Customer (or any other parties) for: a. any loss or damage which was not caused by our breach of a contract or our breach of our legal duty of care; b. any loss or damage which was not a reasonably foreseeable result of either our breach of a contract or our breach of our legal duty of care. Loss or damage is "reasonably foreseeable" if at the time HORICO and the Customer entered into the contract, either (i) such loss or damage was contemplated by HORICO and the Customer, or (ii) the Customer notified HORICO that the loss or damage may occur if HORICO breached the Contract or HORICO's legal duty of care; c. any loss or damage caused by the Customer’s use of HORICO.
12.2: With respect to each contractual agreement, our entire liability to the Customer if we are in breach of that contract or in breach of a legal duty of care in connection with that contract will be limited to the total price of the products or services ordered by the Customer (as applicable) under that Contract;
12.3: Nothing in these Terms & Conditions shall affect HORICO's liabilities under the Customer Protection Act;
12.4: Nothing in these Terms & Conditions shall exclude or limit HORICO's liability for (i) fraud; (ii) death or personal injury caused by HORICO's negligence; or (iii) liability which may not be excluded or limited under any applicable law.

13. Privacy Policy & Data Protection

13.1 The use of any personal information will be strictly limited to ensure a timely processing of your order and the smooth delivery of the purchased items. HORICO will use any personal information the Customer provide in full compliance with Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data.
13.2 Unless the Customer objects, the Customer’s personal information (name, address, phone and) may be used by HORICO, HORICO subsidiaries as well as businesses associated with HORICOs to send the Customer news and information about our products and services and general promotional material by mail, email, text, phone and in the form of newsletters. The Customer can object to the above use of personal information at any time by notifying HORICO in writing.
13.3 Any questions or complaints in relation to the protection of the Customer’s personal information at HORICO as well as any request regarding the personal data we hold about the Customer should be directed at:
Hopf, Ringleb & Co. GmbH & Cie., Gardeschützenweg 82, 12203 Berlin, Germany; Fax: +49 30 8332995, Email: info@horico.de

14. Changes in Customer Details

The Customer shall notify HORICO immediately of any changes in the delivery address, invoice address and contact details as well as of any relevant changes in the Customer’s personal details in relation to any orders being processed or in any other way awaiting completion. HORICOs cannot be held responsible for any losses or damages incurred as a result of out of date details.

15. Applicable Law & Jurisdiction

All contractual agreements between HORICO and the Customer shall be governed by and construed in accordance with the laws of the Federal Republic of Germany. The legal language is German. Both HORICO and the Customer submit to the exclusive jurisdiction of Berlin for the determination of disputes arising under any contractual agreement. Hopf, Ringleb & Co. GmbH & Cie.