HESBA Kinderwagenfabrik GmbH & Co. KG
Managing Director: Patricia Hesselbacher
Weißer Weg 16
Telephone: 0 95 74 / 525
Fax: 0 95 74 / 90 00
Register court: Amtsgericht Coburg
Register number: HRA 4989
Tax number: 230/162/55009
VAT ID: DE305345714
HESBA Kinderwagenfabrik GmbH & Co. KG endeavours to provide correct and complete information on this website. However, we do not assume liability or guarantee for the up-to-dateness, correctness and completeness of the information provided on this website. We reserve the right to make changes or amendments to the information provided without prior announcement. The content of this website is protected by copyright. Copying or reproduction of this website without consent in full or in part is not allowed and will be prosecuted.
Weißer Weg 16
This website and all articles and figures are protected by copyright. Any use outside the copyright is not allowed and forbidden without prior written approval by HESBA Kinderwagenfabrik. Reproduction and distribution as well as electronic archiving or electronic provision of the contents is only allowed with prior written approval by HESBA Kinderwagenfabrik. All rights reserved.
All brand and trade names mentioned on this website are protected and the legal property of the respective manufacturer or owner unless particularly indicated.
1. Conclusion of Contract
Our deliveries are made exclusively on the following conditions. Hereby, terms and conditions of the buyer are expressly excluded; they also are not binding for us if there is no objection again in the contract. Contracts and agreements, in particular as they change these conditions, are only binding for us after our written confirmation.
Unless fixed prices are agreed, price changes due to material or wage price increases are expressly reserved when they become effective between the date of completion of the contract and the delivery date; this does not apply for a period of 4 months after conclusion of the contract.
The goods are delivered ex works at the risk and cost of the receiver. From a value of goods of net 1.000, - € and more, the incurred shipping costs up to the cargo station of the buyer will be reimbursed. The same goes for personal pickup of the goods. Packaging is only charged up to a value of goods of net 150, - €, or at present wishes regarding special packaging. Unless otherwise agreed, the goods are dispatched uninsured.
4. Default of Acceptance
If, after a reasonable extension of time, the buyer refuses acceptance or has expressly declared not to accept the goods, the seller can withdraw from the contract or demand compensation.
As far as the acceptance delay lasts longer than a month, the buyer has to pay per month 0.5% of the order price without deductions as storage costs. With proof of higher storage costs, these may be invoiced. The buyer is at liberty to prove lower incurred damages.
5. Delivery Time
If the seller cannot meet the agreed delivery time, the buyer will have to grant a reasonable grace period of at least 10 days, starting from the date of receipt of written notice of default by the buyer, and may claim rights under this contract after expiry of the grace period. Business disruptions not under the responsibility of the seller, especially forms of industrial action as well as cases of force majeure, both at the seller’s and the upstream suppliers’ facilities, extend the delivery time accordingly. The buyer cannot derive any claims for damages, to the extent permitted by law.In these cases, the buyer is only entitled to withdraw from the contract if he sends a warning in writing after the expiry of the agreed delivery time and when there is no action by the seller within six weeks of receipt of the warning letter sent by the buyer regarding the delivery of goods.
6. Notice of defects
Notice of defects must be raised immediately upon receipt and examination of the goods at the place of destination by the buyer. Defects that cannot even be detected by a thorough examination within this period must be reprimanded immediately after discovery, but not later than 6 months after receipt of the goods.
Complaints should be reported to the seller not later than within two weeks after receipt of the goods. Substitute items within 14 days upon receipt of the goods. For failure of repair, the buyer can demand either a reduction of the purchase price or conversion. In addition, claims for damages, regardless of the legal reason, are ruled out; this in particular applies to consequential damage. § 276 para. 2 BGB remains unaffected.
7. Right of Modification
Pushchairs manufactured in series are sold by pattern. There is no right to receive delivery of the exhibits unless alternative arrangements have been made at conclusion of the contract.
Commercially available colour and other minor variations may occur; this also applies to commercial differences in textiles, e.g. fabrics with regards to slight discrepancies in the versions of fabric patterns and colours.
The invoice is issued on the day of delivery of the goods. A value date is only permitted by agreement between both contractual parties.
Invoices are payable: within 8 days from the date of issue with a 3% discount or net within 30 days from the date of issue.
9. Delay in Payment
For payment after the due date there will be default interest charged at the rate of at least 2% above the current discount rate of the Bundesbank. The seller is at liberty to prove a higher default interest.
Before complete payment of due invoice amounts including default interest, the seller is not obliged to make any further deliveries based on current contracts.
If the buyer is in arrears with a due payment, and if there is a substantial deterioration in his financial situation, then all outstanding invoices become immediately due for payment. For outstanding deliveries from current contracts, the seller may demand payment on cessation of the payment date before delivery of the goods.
10. Method of Payment
The payment shall be made in cash, cheque, bank, giro or postal transfer or bank collection procedure. Bills of exchange are accepted as payment only by express agreement; credits on bills of exchange and cheques are subject to receipt and with the value date on which the seller can dispose of the equivalent value. The acceptance of bills of exchange and acceptances with a maturity of more than three months is excluded.
11. Retention of Title
The delivered goods remain property of the seller until all attributable claims of the seller towards the buyer have been settled, even if the purchase price for specially designated claims has been paid. For current accounts, the reservation of title for the shipments (reserved goods) is considered to be security for the balance account of the seller. However, the buyer may sell the goods in the ordinary course of business operations. If reserved goods are sold by the buyer, the buyer assigns the claims arising from the resale to the seller.
If the value of existing collaterals for the buyer exceeds the total claims by more than 10%, the seller will release on request of the buyer a corresponding portion of the security rights.
Any pledging or assignment as security of the goods for the benefit of third parties is prohibited without the consent of the seller. In case of seizure of the goods by third parties, the buyer shall notify the seller without delay.
12. Place of Performance and Jurisdiction
Unless the law stipulates otherwise, for all mutual claims the place of performance and jurisdiction is the registered office of the seller. This is especially true for the jurisdiction when the seller makes claims by way of the order for payment procedure, if the buyer has no domestic general place of residence, if the buyer moves his domicile or habitual residence outside of Germany, or his domicile or habitual residence is not known at the time of complaint.
For general merchants, the place of jurisdiction is the registered office of the seller.
13. Applicable Law
In any event, the applicable law of the place of performance in accordance with paragraph 12 applies.
Should one of the clauses be invalid, the validity of the remaining is unaffected.
If we collect, process or use personal information from you as user on this website, the legal regulations are complied with. They – currently – include the Federal Data Protection Act (BDSG) and the Tele Services Data Protection ACT (TDDSG).
Public register of processing information: According to § 4g BDSG, the Federal Commissioner for Data Protection must make the information specified in § 4g BDSG available in a suitable form upon request. We hereby fulfil this obligation and disclaim your individual application.
Purpose of data collection, processing and use: The main purpose of collecting, processing or using personal data is the support and recognition of our customers.
Description of the target groups concerned: To fulfil the purpose stated above, we will collect, process and use personal data for the following target groups: Customer data (address, contract data), data of business partners (address, contract data), supplier data (address, contract data).
Categories of recipients whose data can be disclosed: Public offices that can request data due to legal regulations. Internal offices that are involved in the respective business process (administration, customer service, technical support, accounting).
External offices involved in business processes: External contractors according to § 11 BDSG, third parties that receive delivery records or signed documents as well as cash files and credit information from us within the letter of post attorney and signature. Personal data are not distributed to third parties without express consent. You are entitled at any time to withdraw your consent and to reject further use of your data. Distribution of data to third countries is not intended.
To be able to investigate compliance with the data protection regulations in individual cases, you are also entitled to a corresponding right to information. In addition to this publication via email, each visitor has the possibility to request information from HESBA Kinderwagenfabrik GmbH & Co. KG about whether and which personal data are saved and for which purpose they are used. Information is provided in writing.
Period for saving data: The data are deleted when the legal, statutory or contractual safekeeping periods are elapsed. Data that are not subject to safekeeping obligations are deleted when the purpose stated in section 4 has expired.
Data collection on external websites: We advise that data may be collected on external websites linked to the websites of HESBA Kinderwagenfabrik GmbH & Co. KG that are not received by HESBA Kinderwagenfabrik GmbH & Co. KG and whose use is not in the responsibility of HESBA Kinderwagenfabrik GmbH & Co. KG This particularly applies to Google offers.
Data protection during data entry: The website of HESBA Kinderwagenfabrik GmbH & Co. KG is accessed via an open http protocol. Data entered by visitors to the website of HESBA Kinderwagenfabrik GmbH & Co. KG may be intercepted by third persons. This is outside the area of influence and responsibility of HESBA Kinderwagenfabrik GmbH & Co. KG