top of page

Conditions

Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 Basic Provisions

(1) The following terms and conditions apply to all the contracts, which you conclude with us as a supplier (HighTemp Services GmbH) via the www.hightemp-services.com website. Unless otherwise agreed, the inclusion of any terms you may have used is contradicted.

(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their self-employed professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

§ 2 Conclusion of the contract

(1) The subject of the contract is the sale of goods and/or the provision of repair services and/or the provision of assembly services. Our offers on the Internet are non-binding and not a binding offer to conclude a contract.

(2) The processing of the order and the transmission of all information required in connection with the conclusion of the contract takes place via e-mail, in some cases automatically. You must therefore ensure that the e-mail address you have given us is correct, that the receipt of the e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.

​

§ 3 Provision of services for assembly services

(1) Insofar as assembly services are part of the contract, we owe the assembly work resulting from the service description. We provide this to the best of our knowledge and belief personally or through third parties.

(2) The service is provided on the agreed dates.

(3) You are obliged to cooperate. In particular, at the time the assembly services are provided, you have the opportunity to enter the premises in an accessible and reasonably safe condition. Furthermore, you are obliged to provide us with electrical energy and, if necessary, water if necessary. We are entitled to terminate the part of the contract for the provision of assembly services in accordance with § 643 BGB if you do not meet your obligations to cooperate. We will set you a reasonable deadline for this, during which you can catch up on the necessary cooperation services.

(4) If you make use of your right of termination according to § 648 sentence 1 BGB, we can demand 10% of the agreed remuneration as a flat rate if the execution has not yet started. However, this only applies if the statutory right of cancellation exists if you only make use of your right of cancellation after the cancellation period has expired. You have the right to prove that we actually incurred no or significantly lower costs.

§ 4 Provision of services for repairs

(1) Insofar as repair services are part of the contract, we owe the repair work resulting from the service description. We provide this to the best of our knowledge and belief personally or through third parties.

(2) You are obliged to cooperate, in particular you must describe the defect in the device as comprehensively as possible and make the defective device available.

(3) You bear the costs for sending the defective device to us.

(4) Unless otherwise stated in the respective offer, the repair, including the assignment of the device for shipment, will take place within 5 - 7 days after receipt of the device to be repaired (however, if advance payment has been agreed, only after the date of your payment instruction).

(5) If you make use of your right of termination according to § 648 sentence 1 BGB, we can demand 10% of the agreed remuneration as a flat rate if the execution has not yet started. However, this only applies if the statutory right of cancellation exists if you only make use of your right of cancellation after the cancellation period has expired. You have the right to prove that we actually incurred no or significantly lower costs.

§ 5 Right of retention, retention of title

(1) You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

§ 6 Warranty

(1) The statutory warranty rights apply.

(2) As a consumer, you are asked to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you do not comply, this has no effect on your statutory warranty claims.

(3) If a feature of the goods deviates from the objective requirements, the deviation is only deemed to have been agreed if you were informed by us of the same before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.

§ 7 Choice of Law, Place of Performance, Place of Jurisdiction

(1) German law applies. For consumers, this choice of law only applies insofar as the protection provided by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (principle of favourability).

(2) The place of performance for all services arising from the business relationship with us and the place of jurisdiction is our registered office if you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your domicile or habitual abode is not known at the time the action is filed. The authority to appeal to the court at another legal place of jurisdiction remains unaffected.

(3) The provisions of the UN Sales Convention expressly do not apply.

​

II. Customer Information

1. Identity of Seller

HighTemp Services GmbH

Querfurter Straße 6a

06295 Lutherstadt Eisleben

Germany

Telephone: +4915259583124

Email: sven.kramer@hightemp-services.com

 

Alternative Dispute Resolution:

1. The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at https://ec.europa.eu/odr (https://ec.europa.eu/odr).

2. Information on the conclusion of the contract The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the regulations "Conclusion of the contract" in our General Terms and Conditions (Part I.).

3. Contract language, contract text storage

3.1. Contract language is German.

3.2. We do not save the full text of the contract. Before sending the order, the contract data can be printed out or saved electronically using the print function of the browser. After we have received the order, the order data, the information required by law for distance contracts and the general terms and conditions will be sent to you again by email.

4. Essential characteristics of the goods or service The essential features of the goods and/or service can be found in the respective offer.

5. Prices and terms of payment

5.1. The prices listed in the respective offers and the shipping costs represent total prices. They include all price components including all applicable taxes.

5.2. The shipping costs are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you in addition, unless free delivery has been promised.

5.3. The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.

5.4. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.

6. Terms of Delivery

6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.

6.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold during shipment only passes to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the contractor or another person responsible for carrying out the shipment.

7. Statutory liability for defects Liability for defects is based on the "Warranty" provision in our General Terms and Conditions (Part I).

8. Termination

8.1. Information on the termination of the contract and the terms of termination can be found in the regulations on "Installation services" in our General Terms and Conditions (Part I) and in the respective offer.

8.2. Information on the termination of the contract and the terms of termination can be found in the regulations on "repair services" in our General Terms and Conditions (Part I), as well as in the respective offer. These terms and conditions and customer information were created by the Händlerbund's lawyers, who specialize in IT law, and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. You can find more information on this at: https://www.haendlerbund.de/de/dienstleistungen/rechtssicherheit/agb-service (https://www.haendlerbund.de/de/dienstleistungen/rechtssicherheit/agb-service). last update: 29.11.2022

bottom of page