These General Terms and Conditions (GTC) state the rules that govern the business relationship between Horns24 (or “we”, "seller", "vendor") and its customers or other clients. These also apply to all future deliveries, including deliveries of accessories, even if Horns24 does not constantly and expressly refer to this fact. They shall in particular also apply even if the customer, at the time of placing the order or in any other way, should issue notification of his own, deviating, general terms and conditions of business. Any diverging provisions of the vendor or of the customer are in no case binding to us, even if we have not expressly refused them. Alternative terms and conditions of business shall only apply if Horns24 has expressly declared its agreement to their validity in written form (e.g. letter, fax, e-mail).
In principle, these General Terms and Conditions also apply to all business dealings between Horns24 and companies which are not consumers within the meaning of § 13 of the German Civil Code (BGB). To the extent that special provisions are included in the General Terms and Conditions for companies, which are not consumers within the meaning of § 13 of the German Civil Code, these provisions have priority for this group of buyers. The provisions of the German Commercial Code apply as a supplement to them.
Horns24´s offers and price quotes are non-binding until final contract execution, insofar as Horns24 has not approved a binding period in written form in advance. Orders and oral agreements become valid against Horns24 only to the extent that they are confirmed in written form by the seller. Cost estimates are not binding.
For sales on demand, Horns24 shall be bound to the confirmed price for four months after the contract confirmation date. A three-month binding period applies to sales to companies. If and to the extent that the order is placed after the end of this period, Horns24 shall be entitled to invoice a reasonable surcharge to cover overhead for any price increases for wages, materials and/or energy incurred since that time. This applies to successive delivery contracts in particular.
Intellectual property rights of Horns24, as well as intellectual property rights of third parties, shall be respected when the delivered goods are used.
German law shall apply to all legal relationships that arise for the parties and their legal successors, including any ancillary transactions. The application of the legal standards from German conflict of laws principles is precluded to the extent they make reference to a foreign legal system, as well as the Hague Uniform Law of Sales, the Uniform United Nations Convention on Contracts for the International Sale of Goods or other conventions regarding the law of the sale of goods.
The German language is the contract language. If documents are delivered in another language, they shall only be considered only as a translation. If there are translation differences between the German text and the foreign text, the German text shall apply in case of doubt.
The goods will be packaged by Horns24 in a manner that is customary in trade. The packaging will be invoiced by Horns24 at its original cost price.
As long as the customer is in arrear with any of his obligations, Horns24´s duty to deliver shall be suspended.
Pursuant to the requirements in 2.4, Horns24 will endeavor to adhere to the delivery deadlines and delivery dates communicated to the buyer, unless Horns24 stipulated a delivery deadline/a delivery date in written form containing the statement that it is fixed (“without grace period”). A stipulated fixed deadline exists with the caveat that correct or timely delivery has been made to the seller. Horns24 does not assume any obligation for timely transportation.
The delivery deadline has been met, if the delivery item has left Horns24´s factory by the expiry of said period. Apart from that, the delivery deadline shall be reasonably extended in the event of unforeseen obstacles (in cases of force majeure in particular) as well as any unforeseen events beyond our will and influence (for example stoppages, lack of production or defective production, strike and lockout, in each case in our own business or in the business of our suppliers as well as delayed delivery by our suppliers and things like that), to the extent that such obstacles are demonstrably of substantial influence on the production or delivery of the goods or services. The buyer can not derive any claims from these circumstances. In addition, the afore-mentioned circumstances will not make the seller responsible even if they occur during an already existing delay. The beginning and end of such obstacles are in serious cases to be notified by Horns24 to the buyer.
In the event of delay in delivery, Horns24 will be liable in accordance with statutory provisions, if the delivery delay was the result of deliberate or gross negligence attributable to the seller in regard to fulfilling an obligation. Horns24 shall be responsible for any fault on the part of its representatives or agents. Otherwise, the liability of the vendor shall be limited to the foreseeable damage which typically occurs.
Any further legal claims and rights of the purchaser regarding delayed delivery by the seller remain unaffected.
The price mentioned in the confirmation of order is decisive. All prices are to be understood in euro and ex-works or storage, plus the statutorily governed value added tax, plus all transportation costs such as packing, freight, transportation insurance and customs duties, for example.
For sales on demand, Horns24 shall be bound to the confirmed price for four months after the contract confirmation date. If and to the extent that the order is placed after the end of this period, Horns24 shall be entitled to invoice for a reasonable surcharge to cover overhead for any price increases for wages, materials and/or energy incurred since that time. This applies to successive delivery contracts in particular.
In case of a freight paid delivery, the prices mentioned by Horns24 are based on the freight and extra charges applicable at the time when the offer was made. If there are any changes in this regard, which cause an increase in the price of these items, the purchaser will be informed by Horns24 about this increase. In this case, insofar as the freight paid status can no longer be guaranteed by Horns24 as a result of the increase in price, the customer may withdraw from the purchase. In this case there is no right to perform the contract under the original terms and conditions.
All prices on Horns24´s web site are subject to subsequent modifications. Modifications can be made without prior notification.
4. Force majeure
Cases of force majeure, for example circumstances and events which can not be prevented despite diligent company management, shall suspend the contractual obligations of the parties for the duration of the disturbance and to the extent of its impact. If any resulting delays exceed a period of six weeks, both contractual parties are assigned the right to withdraw from the affected part of the contract. This also applies if there is an objectively justified reason. In this case, the parties to the contract shall keep each other mutually informed without delay. Payments already made are to be reimbursed. Further claims shall be excluded.
All invoices of Horns24 are due for payment upon delivery of the goods and are to be paid strictly net cash to Horns24 within 10 days after receipt of the goods. If the buyer does not pay within 10 days after receipt of the goods, he shall be considered to be in arrears, even without reminders.
If the deadline for payment is not met (10 days after receipt of the goods), the buyer must pay a default interest in the amount of at least 5 percentage points above the respective statutory basic interest rate p.a. In the case of legal transactions not involving a consumer, but rather a company which is not a consumer within the meaning of the German Civil Code, the interest rate for accounts receivable is 8 percentage points above the respective statutory basic interest rate p.a.
All outstanding claims of the customer, originated from the business relationship with him, shall be payed immediately to Horns24, independent of the running period of any accepted and credited cheques, as soon as there is any reasonable doubt regarding the solvency or creditworthiness of the buyer (e.g. default in payment, insufficient information, enforcement measures, downgrading of credit ratings by the credit insurance, etc.). The same shall apply if the customer pledges outstanding receivables or goods to third parties, or pledges them as a security, which are protected by a prolonged reservation of proprietary rights in favour of Horns24. Under the same conditions Horns24 may demand advance payment or provision of security for all businesses being transacted. In addition, if Horns24 still has to process an order made by the customer, which has neither been prepared nor delivered, it shall be entitled to withdraw from this contract of sale or to demand compensation for damages instead of performance.
The purchaser is entitled to offset only if his counterclaims have been confirmed by final court judgement or have been recognized by Horns24. They purchaser can exercise a right of retention only if his counterclaim is based on the same contractual relationship. The assignment of claims against Horns24 to third parties is hereby excluded without Horns24´s written approval.
As long as the customer fails to discharge all his financial obligations to Horns24, Horns24 will not be obligated to effect any additional delivery under any current contract.
6. Transfer of risk/shipment
Horns24 will endeavour to make every effort to take into consideration the requests and interests of the customer regarding the type and method of dispatch. Any additional costs incurred thereby - even if freight-free delivery has been agreed - shall be borne by the customer.
Horns24 is not responsible for carrier´s negligence and fault. Horns24 may assign all possible claims for damages against the carrier upon request of the customer. The customer must submit a written complaint to the carrier about all identifiable deficiencies, shortfalls or incorrect deliveries related to the transportation of the goods. Transport damages must be established by the customer immediately upon receipt of the goods. The customer also has to request a confirmation regarding such damages by the carrier or freight forwarder.
7. Deficient delivery/liability
The buyer shall examine the incoming goods to determine their completeness, possible shipping damages, obvious defects, condition and characteristics. Manifest defects are to be notified to the seller in writing by the buyer within two weeks at the latest from receipt of the goods.
To the extent that the buyer is not a consumer within the meaning of § 13 of the German Civil Code and the purchase is a commercial transaction for both parties, the goods must be inspected for defects immediately. The customer shall promptly notify Horns24 in writing of any defects ascertained when checking performance following handover and shall notify it of any other defects enclosing supporting evidence documentation (§ 377 of the German Commercial Code). Otherwise claims due to initial defects are precluded. Timely dispatch of the complaint shall be considered sufficient for meeting the deadline. The buyer (consumer as well as company) bears the full burden of proof for all claim requirements, in particular for the defect itself, the date of its discovery, and the punctuality of the complaint.
The buyer may demand, at his option, the removal of the defect by the seller or delivery of new goods free from defects as subsequent performance. The seller shall have the right to refuse the manner of subsequent performance selected by the customer if this is only possible in connection with unreasonable costs. The reduction of the purchase price or the withdrawal from the contract by the customer are precluded during the subsequent performance. After the second unavailing trial, a subsequent performance is considered to be failed. If subsequent performance has failed or if the seller refused subsequent performance in total, the purchaser, at his option, may require the reduction of the purchase price or state that he is withdrawing from the contract.
Claims for damages due to defects can only be made by the customer under the following conditions once the subsequent performance has failed or was refused by the seller. The purchaser's right to assert further claims for compensation of damages in line with the following conditions remains unaffected hereby.
The seller is responsible without prejudice to the regulation in clause number 2 of the present General Terms and Conditions and the following limitations of liability for damage to lives, bodies and health, which are based on a negligent or deliberate obligation injury of him, his legal representatives or his executing agents, as well as for damage, which are covered by the product liability law, as well as for all damage, which are based on deliberate or roughly negligent violations of contract as well as bad cunning of the seller, his legal representatives or its executing agents. Insofar as the vendor has issued any quality and/or durability guarantee for the product or parts of the same, the vendor shall also be liable in the framework of this guarantee. However, seller shall only be liable for damages based on the absence of the guaranteed quality or durability, but which do not directly injure the goods themselves, if the risk of such damages is clearly covered by the quality and durability warranty.
The seller is also liable for damages caused by ordinary negligence, insofar as this negligence applied to the violation of such contractual duties to which the adherence is of particular importance for the attainment of the aim of the contract (cardinal duties). However, seller shall only be liable if the damages are typically associated with the contract and are predictable. The seller shall not be liable for breaches of ancillary duties not of vital importance for the contract caused by ordinary negligence. The restrictions on liability mentioned in clauses 1-3 shall also apply as far as the liability for the legal representatives, executive staff members and other agents of the seller is concerned.
Any further liability shall be precluded hereby without regard to the legal nature of the asserted claim. Insofar as the liability of the vendor is precluded or limited, this shall also apply to the vendor´s staff members, employees, representatives and other agents. All information concerning suitability, processing and utilization of the products sold by the seller, technical consultation and other information is provided to the best of the seller´s knowledge and does not however release the purchaser from the responsibility to make his own examination and tests.
Unless mandatory legal provisions stipulate otherwise, the customers´s warranty period for claims due to a defect in a delivered item is one year in the case of the sale of a used, movable item, and two years in the case of the sale of a newly manufactured item.
The two-year warranty period does not apply in case of the sale of a newly manufactured item, insofar as the purchaser is not a consumer within the meaning of the German Civil Code. In this case applies a warranty period of one year. In case of the sale of a used item the warranty is expressly precluded, insofar as the buyer is not a consumer within the meaning of the German Civil Code.
9. Reservation of proprietary rights
All delivered goods remain property of the seller until all his purchase price claims, resulting from the whole business relationship with the buyer, are paid in full. The customer shall be authorized to dispose of the purchased goods in the ordinary course of business, unless the following conditions provide otherwise concerning this matter.
The reservation of proprietary rights also extends to cover the full value of products resulting from the processing, mixing or combining of the goods delivered by the seller, of which Horns24 is considered to be the manufacturer.
If third parties retain title to goods that are processed, mixed or combined with goods of Horns24 to make a new product, Horns24, as manufacturer, obtains joint title to the new product in proportion to the invoiced value of these processed goods.
The purchaser now already assigns to Horns24 as security, in total or in the amount of its possible co-ownership share (cf. Section 9.2), the claims against third parties arising from the resale. He is authorized to collect them for our account until revocation or until the cessation of his payments to Horns24. The buyer is even not entitled to assign such accounts for the purpose of collecting the claims by way of factoring, unless the factoring party undertakes simultaneously to effect the counter-performance amounting to the portion of the seller claim directly towards him as long as his claims against the buyer continue to exist.
The customer must notify Horns24, without undue delay and in writing via certified mail, if and to the extent that third parties attempt to seize or attach the goods that are its property. The customer must provide the seller with the address of the pledgee.
The assertion of the rights mentioned in this reservation of proprietary rights does not represent withdrawal from the contract.
Prior to complete payment of the seller´s claims, the goods and the claims that replace them must not be pawned, transferred for security or otherwise ceded to third parties.
If the value of the guaranteed rights exceeds the claims of the seller against the customer by more than 20 %, the buyer may demand that Horns24 releases the appropriate amount of securities, with the buyer himself selecting the securities he wishes to be released.
The buyer is obliged to handle the delivered goods with care and also bears the risk of accidental loss and/or of deterioration of the delivery items subject to the reservation of proprietary rights.
10. Data protection
The customer agrees that Horns24 processes and uses his personal data obtained in the context or in connection with the business relationship to the extent permitted according to the German data protection legislation.
11. Important! Right of withdrawal according to the German distance selling act
11.1 Right of withdrawal
The customer, who is a consumer within the meaning of the German Civil Code, has the right to return the received goods within two weeks without giving any reason just by sending back the products he bought from Horns24. This return is possible only if the stipulation of the purchase contract results from exclusive use of telecommunication channels (i.e. by telephone, in written form, including fax or by e-mail). The period for the withdrawal begins at the earliest with the receipt of the goods and this notification. To meet the cancellation deadline, it is sufficient for the customer to send his communication concerning his exercise of the right to cancel before the cancellation period has expired or to return the purchased goods to Horns24 in due time. In any case, Horns24 will bear the costs and the risk of the return shipment.
The customer must return the purchased goods or his communication about the withdrawal to:
Owner: Marcus Leidiger
Fax: +49 (0)221 1699815
In case of a legitimate return, any payments, goods, or services provided by either sides are to be returned and compensation made for any benefits derived (e.g. benefits of use). In case of a deterioration of the goods, Horns24 shall require the customer to pay compensation for the value lost. If damaged or used goods are sent back to Horns24, it subtracts the legally allowed amount or does not pay the purchase price in full. This shall not apply where the deterioration of the goods arises exclusively out of having been tested - as for example would be possible in a store - or their use for the intended purpose. The buyer can avoid to pay the compensation for the value lost by not making use of the merchandise as if he was its owner and by refraining from any action that might reduce its value. If the customer makes use of his right of withdrawal, payments already made shall be reimbursed after receipt of the goods by Horns24. If the buyer has paid the goods by credit card, the refund will be made to the credit card account specified at the time of purchase. In the case of payment by cash on delivery, payment in advance or per invoice, there will be a reimbursement via cheque. In case of payment via direct debit Horns24 will reimburse the amount per reverse transaction on the customer´s bank account.
The buyer, who is a consumer within the meaning of § 13 of the German Civil Code, as far as he makes use of the right pursuant to point 11.1, shall be obligated to bear the expenses of return shipping if the delivered goods correspond to those ordered and if the price of the product to be returned does not exceed an amount of €40 or, in the case of a higher price of the product, the buyer has not yet, at the time of the withdrawal, provided the compensation or have not paid a contractually conditioned partial payment. In all other cases, the return shipping takes place at Horns24´s expense and risk.
If the buyer is not a consumer within the meaning of the German Civil Code (i.e. a company), the above right of withdrawal according to the German distance selling act is for this customer completely precluded.
12. Legal advice (Copyright and Trademark Rights)
The information published on the web site of Horns24 (exploded view drawings, text and other images, graphics, sound, animation, videos etc.) as well as the structure of the same are protected by the copyright of Horns24 and in some cases also by the copyright of third-parties. Any duplication, distribution, storage, communication, broadcast and reproduction or transmission of the contents without written approval from Horns24 is strictly prohibited.
Horns24 does not expressly give the customer any permission to use Horns24´s or third parties´ property just by giving the buyer access to this information.
Any violation of the use of the copyrights for commercial purposes, in particular but not exclusively of the exploded view drawings made available, will be prosecuted according to the sections 97 ff. of the German Copyright Act and will lead to punishment, among other compensation for damages and legal proceeding.
The installation of Horns24´s sold products has to be done by a skilled technician in a expert way, if it possible in a professional garage. Horns24 expressly points out that the installation or the assembly of goods delivered by Horns24 may lead to a loss of the general operating permit (ABE) or of the motor vehicle registration for the converted vehicle. It shall be the sole responsibility of the buyer to make every effort to obtain immediately a general operating permit (ABE), a registration or an assessment, if necessary.
Without an ABE or registration according to the German Road Traffic Licensing Act (StVZO) motor vehicles may not be driven or used in the area the StVZO. All products without ABE offered by the seller are indicated as such and the lack of ABE is made sufficiently clear as part of the description of the product.
The purchaser is not entitled to assign claims arising from the purchase contract without the seller's consent.
If the customer is a registered trader, a legal person as defined by public law or a special fund under public law, the exclusive jurisdiction for any legal dispute arising from this contract shall be heard in the place of business of Horns24 or, as preferred by the seller, shall be the purchaser´s place of general jurisdiction.
Should one of the aforesaid provisions be ineffective or become impracticable, the effectiveness of the remaining terms of delivery and payment shall remain unaffected. The invalid provision shall be replaced, as far as possible, by the relevant statutory provision. The same applies in the event of any unforeseen gaps occurring in the parties´ General Terms and Conditions.