General Terms and Conditions of Hubelino GmbH

These General Terms and Conditions (GTC) of Hubelino GmbH apply to all orders of goods that you submit on the website www.hubelino.com. Your contractual partner in all cases is the Hubelino GmbH, Zechenring 38, 41836 Hückelhoven (HUBELINO).

 

1. Conclusion of the contract

1.1 The presentation of the goods on the website of HUBELINO does not constitute a legally binding offer, but a non-binding online catalog. You can add several products to your shopping cart. By clicking the button “Buy now” you place a binding order for the goods contained in the shopping cart. The confirmation of receipt of the order will be sent by automated e-mail immediately after receipt of the order and does not constitute acceptance of the contract by HUBELINO. The contract is only concluded when HUBELINO accepts the customer’s offer by sending a separate order confirmation by e-mail or by sending the ordered product. The acceptance can take place within three days after receipt of the offer.

1.2 If you pay in advance, by PayPal or Sofortüberweisung, the contract is concluded by the payment.

1.3 You agree that contract-related communication with HUBELINO may take place in electronic form.

1.4 The business relationship between you and HUBELINO shall be governed exclusively by these GTC in the version current at the time of your order. Conflicting, deviating or supplementary general terms and conditions shall not become part of the contract unless HUBELINO expressly agrees to their validity.

 

2. Prices and payment

2.1 HUBELINO’s prices are Euro prices and include statutory value added tax.

2.2 When ordering via our website, payment can generally be made by payment in advance (bank transfer), by PayPal or by Sofortüberweisung.

PayPal: You pay the invoice amount via the online provider PayPal. To do this, you must be registered there (or register for the first time), identify yourself with your access data and then confirm the payment order to us. During the ordering process you will be redirected to PayPal, where you can make the payment. You will then automatically return to the online shop to complete your order. A PayPal account is free of charge.

2.3 You can only offset claims against HUBELINO that are undisputed or legally established.

 

3. Delivery of ordered goods

3.1 We only deliver to addresses within the EU and the UK.

3.2 All deliveries are made as parcels, the delivery time is usually 3 to 5 working days after receipt of your order, provided that all items are in stock. Deviating delivery times, such as company holidays, are indicated in the shopping cart.

3.3 We charge a regular flat rate for shipping and packaging costs, depending on the country to which the order is delivered. Express deliveries and self-collection are currently not possible.

3.4 Shipping is via the parcel services DPD and DHL.

3.5 The delivery condition is Delivered Duty Unpaid (DDU, dt. delivered and duty unpaid according to Incoterms), i.e. any import duties and customs duties that may arise will not be borne by us.

 

4. Right of withdrawal

You have a 14-day right of withdrawal. The cancellation period is 14 days from the day on which you or a third party named by you who is not the carrier took possession of the last goods.

To exercise your right of withdrawal, you must contact us (Hubelino GmbH, Zechenring 38, 41836 Hückelhoven, Germany, Tel.: +49 (0) 2435 98005 60, Fax: +49 (0) 2435 98005 69, E-Mail: service@hubelino.com, Web: www.hubelino.com) by means of a clear declaration (e.g. a letter sent by post, fax or email) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory.

To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.

Consequences of withdrawal

If you withdraw from this contract, we will reimburse the payments we received from you, including the delivery costs (with the exception of the additional costs arising from the fact that you had chosen a different delivery method than the cheapest standard delivery method we offer), and we shall repay such immediately and at the latest within 14 days from the date on which we received your notification of withdrawal from the contract. We shall refund such using the same payment method that you used in the original transaction, unless you expressly agree otherwise; in which case you will be charged the fees pertaining to this refund.

We may withhold the refund until we have received the returned goods, or until you have provide proof that you have returned the goods, whichever is earlier.

You should immediately return or hand over the goods, and in any event no later than 14 days from the date on which you informed us of your withdrawal from this contract. The deadline is deemed to be met if you send the goods prior to the 14 day deadline expiring. You only have to pay for the diminished value of the goods, when this value is due to a loss necessary to ascertain the nature, characteristics and functioning of the goods.

You bear the direct costs of returning the goods.

Exclusion or expiry of the right of withdrawal

The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.

The right of withdrawal expires prematurely in the case of contracts

  • for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery;
  • for the delivery of goods if they were inseparably mixed with other goods after delivery due to their nature;
  • for the delivery of audio or video recordings or computer software in a sealed package, if the seal has been removed after delivery.

Model withdrawal form

If you want to cancel the contract, please complete this form and send it back

  • Hereby give notice that I / We (*) from my / our (*) contract entered into for the purchase of the following goods (*) / provision of the following services (*)
  • Ordered on (*) / received on (*)
  • Name / consumer (s)
  • Address of / consumer (s)
  • Signature / consumer (s) (only for communication on paper)
  • Date

(*) Delete where not applicable.

 

5. Reservation of title

Ordered goods remain the property of HUBELINO until payment has been made in full.

 

6. Disclaimer

6.1 HUBELINO shall be liable in cases of intent or gross negligence by HUBELINO or a representative or vicarious agent as well as in cases of culpably caused injury to life, body or health in accordance with the statutory provisions.

6.2 Otherwise, HUBELINO shall only be liable under the Product Liability Act, for culpable breach of material contractual obligations or to the extent that HUBELINO has fraudulently concealed a defect or has assumed a guarantee for the quality of the delivery item. However, the claim for damages for the culpable breach of material contractual obligations shall be limited to the foreseeable damage typical for the contract, unless another of the cases listed in P. 1 or 2 is given at the same time.

6.3 The provisions of the above from clause 6.1 and clause 6.2 shall apply to all claims for damages (in particular for damages in addition to performance and damages in lieu of performance), irrespective of the legal grounds, in particular due to defects, the breach of obligations arising from the contractual obligation or from tort. They also apply to the claim for reimbursement of futile expenses.

6.4 A change in the burden of proof to the detriment of the Buyer is not associated with the above provisions.

 

7. Shortening of the statute of limitations

7.1 The limitation period for defects – irrespective of the legal grounds – is uniformly one year.

7.2 The limitation periods applicable to claims for damages under clause 7.1 apply to all claims for damages against HUBELINO in connection with the defect – irrespective of the legal basis of the claim.

7.3 However, the above limitation periods shall apply with the following proviso:

  1. The limitation periods shall generally not apply in the event of intent or fraudulent concealment of a defect or insofar as HORST has assumed a guarantee for the quality of the delivery item.
  2. Furthermore, the limitation periods shall not apply if the object of purchase is a building or an item that is used for a building in accordance with its customary use and causes the building to be defective.
  3. Furthermore, the limitation periods shall not apply to claims for damages in the event of a grossly negligent breach of duty, in the event of a culpable breach of material contractual obligations – not consisting in the delivery of a defective item – in the event of culpably caused injury to life, limb or health or in the event of claims under the Product Liability Act. The limitation periods for claims for damages shall also apply to the reimbursement of futile expenses.

7.4 Insofar as not expressly stipulated otherwise, the legal provisions regarding the start of the limitation period, expiry suspension, interruption and restart of the limitation periods remain unaffected.

7.5 The above provisions apply, insofar as they also apply to claims for damages, to claims for damages that are not related to a defect.

7.6 A change in the burden of proof to the detriment of the Buyer is not associated with the above provisions.

 

8. Indemnity

You indemnify us and our employees or agents against all claims of third parties arising from alleged or actual infringement of rights and/or violation of third party rights through actions undertaken by you in connection with this contract, in particular due to violations of Section 8 of these GTC. In addition, you undertake to reimburse all costs incurred by us as a result of claims by third parties. Recoverable costs also include costs of a reasonable legal defence.

 

9. Applicable law

German law applies to the exclusion of the UN sales law (CISG) and the conflict of laws. As a consumer with habitual residence in the EU, the mandatory consumer protection rules of the country in which you have your habitual residence also apply. The courts of your country of habitual residence and the competent German courts have jurisdiction to enforce your claims. The European Commission provides a platform for online dispute resolution, which you can access at https://ec.europa.eu/consumers/odr/ or simply call/write/e-mail us.

 

Version: January 2023