Terms and Conditions
General terms and conditions
I. General / Applicability
1 These General Terms and Conditions are the basis for all present and future deliveries and services of Heavy 1 World GmbH, Westerwaldstraße 14-16, 53757 Sankt Augustin, HRB 14401 of the District Court of Siegburg (hereinafter referred to as “Heavy 1 World”), unless expressly agreed otherwise in writing. Deviating and/or supplementary agreements of our customers are not recognized unless HEAVY 1 has expressly agreed to their validity in writing. An agreement by e-mail is sufficient.
2 Individual agreements remain unaffected by the above provision.
(3) These General Terms and Conditions are generally addressed to consumers in the sense of § 13 BGB (any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed) and entrepreneurs in the sense of § 14 BGB (natural or legal persons or partnerships with legal capacity that act in the exercise of their commercial or self-employed professional activity when entering into a legal transaction), legal persons under public law or special funds under public law. If individual provisions are directed at only one of the two groups, this will be indicated separately.
II. Conclusion of Contract
1. all offers made by Heavy 1 World, in particular also in the form of brochures, advertising materials and other documents as well as all offers made on the website of http://www.Heavy1.de/shop/, are non-binding and subject to change, unless they are expressly designated as binding in writing or electronically (text form). Small deviations and/or technical changes compared to our illustrations or descriptions are possible. We reserve the right to make changes or improvements to the goods if they are required by law or are justified for factual and/or commercial reasons.
2 The order placed by the customer is binding. Heavy 1 World is entitled to accept the contractual offer contained therein within three weeks. The acceptance can be declared by sending the order confirmation, the invoice or by delivering the goods.
3. if and to the extent that the customer wishes to purchase goods via the online store operated by Heavy 1 World at http://www.Heavy1.de/shop/ (hereinafter referred to as “online store”), the customer can select from the assortment of Heavy 1 World products and their quantities and collect them in a so-called shopping cart by clicking on the button “add to cart”. By clicking on the button “order subject to payment”, the customer submits a binding request to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time. However, the application can only be submitted and transmitted if the customer has accepted these contractual terms by clicking on the check box “I have read the General Terms and Conditions of your store and agree to their validity” and has thereby included them in his application. Heavy 1 World will then send the customer an automatic confirmation of receipt by email, including cancellation instructions, in which the customer’s order is listed again and which the customer can print out using the “Print” function. The automatic confirmation of receipt merely documents that the customer’s order has been received by Heavy 1 World and does not constitute an acceptance of the application. In this case, the contract is not concluded until Heavy 1 World issues a declaration of acceptance, which is sent in a separate e-mail.
If the desired product is no longer in stock, Heavy 1 World will refuse to accept the customer’s offer within a reasonable period of time not exceeding 5 business days. A contract is then not concluded.
III Prices, methods of payment and terms of payment
1. the current prices according to Heavy 1 World’s price list at the time of the order apply. All prices are quoted in Euro, ex works Heavy 1 World, excluding transportation and shipping costs, which are shown separately, and including the value-added tax applicable in the Federal Republic of Germany at the time of the order. Obvious price errors remain reserved.
2. the customer can make the payment by bank transfer or PayPal.
3. payments have to be made within 14 days after receipt of the invoice without discounts or other deductions. If this payment deadline is exceeded, the customer is in default without further reminder. In this case, Heavy 1 World is entitled to charge interest on arrears at the statutory rate according to § 288 BGB. This does not affect the assertion of further proven damages caused by the delay. 4.
4. mutual claims may only be offset with the express written consent of Heavy 1 World or with legally established claims.
1. promotional vouchers can only be redeemed when ordering via the online store, whereby they are credited as a credit via the regular order form (shopping cart) of the respective order (value of goods).
A promotional voucher can only be used once. Only one promotion voucher can be used per order and only one promotion voucher from the respective promotion can be used per customer. A combination with promotion vouchers from other promotions is not possible. If the value of the goods ordered by the customer falls below the value of the promotional voucher, the respective remaining credit of the promotional voucher shall expire. A promotion voucher cannot be credited against sales tax, deposit, shipping costs or other costs.
Promotion vouchers can only be redeemed for a limited period of time and expire on the date stated on the promotion voucher, at the earliest, however, after three years. An extension of the validity period is not permitted. Unused promotional vouchers expire on the date stated. 4.
Promotion vouchers cannot be paid out in cash or transferred. The resale of promotion vouchers is not permitted.
5. if the promotion voucher shows a fixed euro amount as a credit and the value of the promotion voucher is not sufficient for the order carried out by the customer, the customer can make up the difference in accordance with the provision of section III.2 of these terms and conditions using PayPal.
In the event that Heavy 1 World takes back the merchandise in accordance with the following provision of clause VII of these Terms and Conditions, only the difference paid in excess of the value of the promotional voucher in accordance with clause IV.5 of these Terms and Conditions will be refunded. There is no claim for reimbursement or replacement of the promotion voucher or its value.
7. in the event of fraud, attempted deception or suspicion of other illegal activities by the customer in connection with a promotional voucher or voucher redemption, Heavy 1 World is entitled to close the relevant customer accounts and/or demand alternative methods of payment in accordance with these terms and conditions. In such cases, there is no entitlement to activation or crediting of the affected promotional vouchers.
V. Delivery and packaging
1. unless otherwise agreed with the customer, the goods will be delivered to the customer from the warehouse to the delivery address specified in each case. Heavy 1 World delivers the respectively ordered goods in customary packaging and – if necessary – also in special packaging (e.g. seaworthy packaging) at its discretion. Packaging, shipping and freight costs will be charged separately to the customer. In the case of deliveries abroad, additional customs duties and fees may be incurred, which shall likewise be borne by the customer.
Goods in stock will be shipped within approximately three business days after receipt of the order at Heavy 1 World.
For goods not in stock, the delivery time can be up to 30 days after receipt of the order by Heavy 1 World. If the delivery fails for reasons beyond Heavy 1 World’s control, Heavy 1 World may withdraw from the contract. Heavy 1 World undertakes to inform the customer of this in due time. Any payments made will be refunded immediately. In this case, the customer is not entitled to compensation. Cases of force majeure, which include strikes and labor disputes, shortage of raw materials and damage to machinery, suspend Heavy 1 World’s obligation to deliver for the duration of the disruption.
Partial deliveries are permissible, unless the customer has no recognizable interest in them or they are recognizably unreasonable for him. In this case, the costs for transport and packaging will be charged only once.
5. if the customer is in default of acceptance due to non-acceptance of the goods, Heavy 1 World is entitled to claim compensation for the damage incurred. The customer must accept the delivered goods even in cases of insignificant defects, without prejudice to his warranty rights. Upon default of acceptance, the risk of accidental deterioration and accidental loss passes to the customer.
VI Retention of Title
1. the delivered goods remain the property of Heavy 1 World until all claims arising from the current business relationship between the parties have been paid in full.
Until the transfer of ownership to the customer, the goods may only be resold in the ordinary course of business and in the name of Heavy 1 World. The customer hereby assigns to Heavy 1 World, which hereby accepts the assignment, all claims against its customers or third parties arising from the resale in the amount of the final invoice amount (including value-added tax). The customer is authorized to collect this claim after its assignment in the ordinary course of business. The authority of Heavy 1 World to collect the claim itself remains unaffected. Heavy 1 World undertakes not to collect the claim as long as the customer duly meets his payment obligations. If this is not the case, Heavy 1 World may demand that the customer disclose the assigned claims and their debtors, provide all information necessary for the collection of the claim and notify the debtors of the assignment.
3 Heavy 1 World is entitled to demand the return of the goods in the customer’s possession in the event of a breach of contract by the customer, including, but not limited to, default of payment. The taking back of the goods does not constitute a withdrawal from the contract, unless Heavy 1 World expressly declares otherwise.
4 Heavy 1 World undertakes to release, at the customer’s request, any securities provided to the extent that the value of the securities exceeds the claims of Heavy 1 World to be secured by more than 20 percent.
(5) In commercial transactions, the goods owned by Heavy 1 World for the duration of the retention of title must be insured against fire, water and theft. The rights arising from this insurance are assigned to Heavy 1 World. Heavy 1 World hereby agrees to the assignment.
6. as long as title has not been transferred, the customer, unless he is a consumer, must immediately notify Heavy 1 World in writing if the goods are seized or subject to other interventions by third parties.
VII Obligation to Inspect and Complain, Return of Goods
1 All deliveries of Heavy 1 World must be inspected by the customer for completeness and defects upon receipt, provided the customer is an entrepreneur, a legal entity under public law or a special fund under public law. Obvious defects (in particular damages, wrong deliveries or deviations in quantity, expiration of the minimum shelf life) and obvious transport damages must be brought to the attention of Heavy 1 World in writing immediately, at the latest, however, within 14 days after receipt of the delivery. After the deadline, complaints will only be accepted if they are based on non-obvious defects.
2. the return of the goods has to take place if possible in the original packaging. If this is not possible, the customer must provide packaging that excludes damage to the goods. The customer shall be liable for any damage to the goods caused by inadequate packaging.
3. otherwise the return of proper goods is not possible. Excluded from this are exclusively returns due to the effective exercise of the right of withdrawal for consumers.
VIII. Transfer of risk
For entrepreneurs, legal entities under public law or special funds under public law, the following shall apply: The goods shall be delivered at the risk of the customer. The risk is transferred to the customer when the goods are handed over to the transport company. This also applies if Heavy 1 World has assumed the transport costs. Complaints regarding transport damage (e.g. damaged packaging upon receipt of the goods) must be made by the customer directly to the transport company within the time limits provided for this purpose.
The following applies to consumers: The transport risk is transferred to the customer when the goods are handed over to the customer.
1) The legal warranty rights apply to the goods offered by Heavy 1 World.
If the customer is an entrepreneur, his warranty claims are limited to subsequent performance by delivery of defect-free goods. If the supplementary performance fails twice, the customer has the right to withdraw from the contract.
3 Heavy 1 World assumes no liability neither for the continuous and uninterrupted availability of the online store nor for technical or electronic errors of the online offer.
The limitation period for warranty claims for the delivered goods is two years from receipt of the goods for consumers, and 12 months from receipt of the goods for entrepreneurs, legal entities under public law or special funds under public law.
X. Liability and compensation
1. claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, body or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by Heavy 1 World, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the goal of the contract.
2. in the event of a breach of material contractual obligations, Heavy 1 World is liable only for the foreseeable damage typical for this type of contract if such damage was caused by simple negligence, except in the case of claims for damages by the customer arising from injury to life, body or health.
3. the limitations of paragraphs 1 and 2 also apply in favor of the legal representatives and vicarious agents of Heavy 1 World, if claims are asserted directly against them.
4 The provisions of the Product Liability Act remain unaffected.
XI. Storage Recommendation and Food Control
Heavy 1 World recommends that the delivered goods be stored upright, dry, protected from light and frost. The temperature during transport, storage, sale and consumption should not fall below 5 degrees Celsius and should not exceed 25 degrees Celsius.
2. the customer, if he is a businessman, is obliged to always take out of his warehouse the goods that have been delivered first (“first in – first out” principle).
3) Should governmental authorities carry out food inspections at the customer’s premises and have objections to the delivered products, Heavy 1 World must be informed immediately.
1. Heavy 1 World has a right to return empties intended for reuse, such as cans, bottles, containers and reusable containers, of the same type and quality. The empties must be returned in the normal course of business, at the latest, however, upon termination of the business relationship.
In order to secure our claims for the return of empties, Heavy 1 World will charge a deposit in accordance with the legal requirements and the applicable price lists, plus value added tax, which will be due together with the purchase price of the delivered goods. The deposit paid will be credited or paid out upon return of the empties of the same quantity, type and quality. Heavy 1 World is not obligated to take back empties in larger quantities than delivered and of a different type and quality than delivered. 3.
3. damaged or soiled empties as well as one-way containers are excluded from the return of empties, unless there is an obligation to take them back due to legal regulations.
4. an empties balance shall be created for returned empties. This shall be deemed to have been accepted if the customer does not object to the balance of empties within one month of receipt.
Pallets, containers and the like are the property of Heavy 1 World and are to be returned to it in the normal course of business and upon termination of the business relationship. Pallets and containers not returned are to be replaced to Heavy 1 World at the net purchase price less 25 percent flat-rate reduction in value. The return is also not proper if the pallets and containers show damage upon return that impairs their usability.
XIII Place of performance, jurisdiction and legal system
(1) For contracts with merchants, legal entities under public law and special funds under public law, the place of performance for delivery and payment shall be Sankt Augustin.
2. if the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and Heavy 1 World is the registered office of Heavy 1 World.
3. to the extent permitted by law, the registered office of Heavy 1 World is agreed upon as the place of jurisdiction in the event that the customer does not have a general place of jurisdiction in Germany or if the customer moves his place of residence abroad after conclusion of the contract or if the customer’s place of residence is unknown at the time the action is filed.
4 Heavy 1 World and the customer agree with respect to all legal relations arising from this contractual relationship that the law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
XIV Final Provisions and Information Duties
1 Heavy 1 World keeps these General Terms and Conditions and the other contractual provisions together with the customer’s order data available for retrieval in the order process. The customer can easily archive this information there by downloading the GTC and saving the data summarized in the order process in the Internet store using the functions of his browser. Further storage by Heavy 1 World does not take place.
2 The contract language is German.
3. Heavy 1 World refers to the EU platform for extrajudicial online dispute resolution http://ec.europa.eu/consumers/odr/.
Heavy 1 World is neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board.
4. repeated forbearance by Heavy 1 World does not constitute a legal claim to toleration of future violations by the customer of his contractual obligations and does not constitute a tacit amendment of the aforementioned conditions.
5 The invalidity or ineffectiveness of individual provisions of these GTC does not affect the validity of the remaining provisions. If the customer is an entrepreneur, the invalid provision shall be replaced by the contracting parties by mutual agreement by such a provision which comes closest to the economic sense and purpose of the invalid provision in a legally effective manner. The same shall apply mutatis mutandis in the event of loopholes. 6.
6. in the event that the General Terms and Conditions of Heavy 1 World are amended, further orders will only be accepted in accordance with the amended terms and conditions.