Terms and conditions

HaHa Group B.V. - General Terms and Conditions for Deliveries and Services

 1.scope of application

(1) These General Terms and Conditions of Business shall apply to all contracts, deliveries and other services of HaHa Group B.V. vis-à-vis customers/purchasers who are entrepreneurs within the meaning of §13 of the German Civil Code, legal entities under public law or special funds under public law.

(2) The customer's terms and conditions of purchase shall only apply if confirmed in writing by HaHa Group B.V.. The priority of the individual agreement remains unaffected.

2 Offers and Conclusion of Contract

(1) The offers of HaHa Group B.V. are not legally binding offers, but are basically only an invitation to place a binding order. The contract is concluded by written confirmation of the order by HaHa Group B.V.. In the case of immediate delivery, the delivery bill or invoice shall be deemed to be the order confirmation.

(2) The customer is bound to his order for 2 weeks.

(3) Except for declarations of the terms and conditions or employees with procuration, verbal collateral agreements or assurances, in particular from our consultants or sales representatives, shall only become part of the contract if they are confirmed in writing by HaHa Group B.V..

 (4) In the case of series or custom-made products, deviations in quantity of +/- 10%, which are customary in the industry, are permissible. The quantity actually delivered shall be decisive for the purchase price.

(5) After order confirmation, change requests of the purchaser can only be taken into account if this has been agreed in writing beforehand. The same applies to cancellations.

(6) In the event that facts justify the assumption that the customer will not be able to fulfill the purchase price claim, HaHa Group B.V. is entitled to withhold the delivery, to retrieve unpaid goods at the expense of the customer or to withdraw from the contract if the customer does not make an advance payment within a reasonable period to be set by HaHa Group B.V. or if the customer does not provide a valuable security, for example in the form of a bank guarantee. Unless the facts were already known to HaHa Group B.V. at the time of conclusion of the contract.

(7) OPKAK Smart Glas GmbH is entitled to extend the delivery period or to withdraw from the contract if it is not supplied correctly and in time by its suppliers through no fault of its own. In this case the customer will be informed immediately and received services will be refunded without delay.

(8) HaHa Group B.V. is not liable for the fault of its suppliers. Also no attribution of their fault takes place. However, HaHa Group B.V. undertakes to assign any claims for compensation against suppliers to the customer.

 3. prices and payment

(1) All prices are net in Euro plus the statutory value added tax and other components, in particular packaging, insurance and shipping.

(2) The price results from the agreement as reflected in the order confirmation. The principles of the commercial letter of confirmation shall apply accordingly.

(3) In the absence of an agreement on the price, the list prices or daily prices of HaHa Group B.V. valid at the time of delivery shall apply.

(4) Invoices are to be paid within 7 days of the invoice date in cash with a 2% discount on the net value of the goods or within 14 days of the invoice date without deduction.

(5) Shipping costs and packaging are not subject to a discount.

(6) A set-off by the customer is limited to undisputed or legally established claims. The customer can only assert a right of retention from the same contractual relationship.

(7) The assignment of claims requires the written notification of the customer to HaHa Group B.V. in order to be effective.

(8) If the customer is in default of payment, HaHa Group B.V. is entitled to charge a processing fee of 10.00 Euro for each payment reminder.

The following payment methods are available in the pdlc.store:

Prepayment
If you choose payment in advance, we will give you our bank details in a separate e-mail and deliver the goods after receipt of payment.

Credit card Mastercard, VISA etc
With the submission of the order you transmit your credit card data to us at the same time.
After your legitimation as a legitimate cardholder, we will request your credit card company to initiate the payment transaction immediately after the order. The payment transaction is automatically carried out by the credit card company and your card is charged.

PayPal, PayPal Express
In the ordering process you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or register first, legitimize with your access data and confirm the payment instruction to us. After submitting the order in the store, we request PayPal to initiate the payment transaction.
The payment transaction is carried out automatically by PayPal immediately afterwards. You will receive further instructions during the order process.

Invoice
You pay the invoice amount after receiving the goods and the invoice by bank transfer to our bank account. We reserve the right to offer the purchase on account only after a successful credit check.

Cash payment at pickup
You pay the invoice amount in cash upon collection.

4 Delivery and transfer of risk

(1) Delivery periods are not binding and are only approximate unless they are expressly agreed in writing as binding.

(2) The delivery period shall commence upon conclusion of the contract.

(3) In the event of force majeure and all obstacles unforeseeable at the time of conclusion of the contract for which HaHa Group B.V. is not responsible, in particular with suppliers and subcontractors, which have a considerable influence on the ability to deliver the ordered goods, the delivery periods shall be extended accordingly. HaHa Group B.V. will inform the customer about the beginning and end of such obstacles. In this case, the customer is entitled to demand a declaration from HaHa Group B.V. within a reasonable period of time as to whether HaHa Group B.V. will withdraw from the contract or deliver within a reasonable period of time. After expiry of the declaration period, the customer is entitled to withdraw from the contract. Claims for damages are excluded in this case.

(4) The delivery deadline is met if the goods are shipped to the customer within the deadline. Or the customer is informed that the goods are ready for shipment.

(5) HaHa Group B.V. is entitled to partial performance or partial delivery, as far as this is reasonable for the customer and no further shipping costs are incurred.

(6) HaHa Group B.V. shall be responsible for careful packaging at cost price.

(7) Shipment is at the expense and risk of the customer.

(8) In the event of a culpable delay in delivery by HaHa Group B.V., the customer is entitled to withdraw from the contract after setting a reasonable deadline in writing.

 (9) The liability of HaHa Group B.V. for non-delivery is limited to the order value. Any further claims are excluded.

(10) The guidelines for storage and transport apply.

(11) Shipping costs are added to the stated product prices. You can find out more about the shipping costs in the offers.

We deliver only by mail order. A self-collection of the goods is unfortunately not possible.

 5. Acceptance

(1) The customer is obliged to accept the ordered goods.

(2) In case of non-acceptance, HaHa Group B.V. is entitled to charge a lump-sum compensation of 50% of the order value. The contracting parties are at liberty to prove higher or lower damages.

(3) If the delivery is delayed for reasons for which the customer is responsible, HaHa Group B.V. is entitled to store the delivery item at the expense and risk of the customer and to charge at least 0.75% of the net order value for each month or part thereof since notification of readiness for shipment.

(4) HaHa Group B.V. is entitled to dispose otherwise of the delivery item in the event of non-acceptance and the setting of a reasonable deadline.

6 Warranty and Liability

(1) The statutory warranty claims for defects shall apply insofar as no deviations result from the following provisions.

(2) Due to the particular risk of breakage of glass, the customer is obliged to inspect the goods immediately upon receipt.

(3) In the event of transport damage, the customer is obliged to take the necessary measures to be able to settle these, in particular to have these confirmed in writing by the supplier.

(4) Obvious defects must be reported immediately, at the latest within one week, and before any kind of further processing. Otherwise, §377, 378 HGB remain unaffected.

(5) The warranty shall not apply to defects which are based on the fact that the customer has not sufficiently observed the operating and assembly instructions. (6) Insignificant deviations that do not affect the external appearance and functionality do not justify warranty claims.

(7) HaHa Group B.V. shall be liable for defects in the raw material only to the extent that the supplier assumes liability. Such complaints will be passed on to the supplier without obligation.

 (8) HaHa Group B.V. shall only be liable in case of culpable violation of essential contractual obligations. In this case the liability is limited to the foreseeable, typical damage. In all other respects, liability is excluded, in particular for damage that has not occurred to the delivery item itself.

(9) Claims under the Product Liability Act or for gross negligence and intent shall remain unaffected. The same applies to personal injury.

(10) HaHa Group B.V. shall not be liable for damage caused by disregard of the guidelines for storage and transport, assembly and maintenance instructions, glazing guidelines or product information.

 7 Extended retention of title

(1) The delivered goods remain the property of HaHa Group B.V. until the purchase price including all ancillary claims, in the case of repeated or current business conditions until the debt balance has been paid.

(2) The customer is obliged to immediately notify HaHa Group B.V. in writing of all interventions by third parties, in particular seizure.

(3) The customer shall be entitled to resell the goods insofar as this is in the ordinary course of business.

business operation.

(4) In the event of resale, the customer hereby assigns all claims to HaHa Group B.V. in the amount of the remaining purchase price claim.

purchase price claim. HaHa Group B.V. accepts the assignment.

(5) In the case of a connection with a main thing of the customer, the customer is obligated to provide HaHa Group B.V. with co-ownership of the thing in the ratio of the amount of the claim to the value of the new main thing.

(6) The processing or transformation of the purchased item by the customer is carried out for HaHa Group B.V., so that HaHa Group B.V. acquires co-ownership of the new item in the ratio of the amount of the claim to the value of the new item.

(7) HaHa Group B.V. undertakes to release the securities to which it is entitled at the request of the customer if the value of the securities exceeds the claim to be secured by more than 20%. The choice of the security to be released is at the discretion of HaHa Group B.V..

 8. right of return

(1) According to § 312d Abs 4 Nr. 1 BGB a right of withdrawal is excluded from the beginning if the goods are manufactured according to a customer specification or tailored to the personal needs of the customer.

(2) All our products are specified on customer request and manufactured customer-specific. Therefore, § 8 (1) always applies.

9. duty of confidentiality and property rights

(1) HaHa Group B.V. reserves all property rights and copyrights to its documents, which it hands over to the customer within the scope of the offer. This also applies if the customer has taken over the acquisition costs.

(2) The customer is obliged to treat all documents confidentially.

(3) A passing on to third parties is only permitted with written approval by HaHa Group B.V.. As far as the passing on of the documents is necessary for the intended assembly, the approval is considered as given.

9. data protection

HaHa Group B.V. processes the personal data obtained in the course of the business relationship in accordance with the provisions of the German Federal Data Protection Act ("BDSG").

10. place of jurisdiction, applicable law

(1) The place of jurisdiction for deliveries and payments is Cologne.

(2) The contractual relationship shall be governed solely by the laws of the Federal Republic of Germany. The UN Convention on Contracts for the International Sale of Goods shall not apply.

11. severability clause

Should the above conditions be invalid, the validity of the remaining conditions and the contract as such shall not be affected.