General Terms & Conditions
Hazard Label GmbH
Herrenhagen 9
21436 Marschacht
info@hazardlabel.de
§1 Scope
These General Terms and Conditions (GTC) apply to all contracts, deliveries, and other services between Hazard Label GmbH (hereinafter referred to as “Seller”) and entrepreneurs within the meaning of § 14 BGB (hereinafter referred to as “Customer”).
Sales to consumers within the meaning of § 13 BGB do not take place. By placing an order, the customer confirms that the contract is concluded for purposes predominantly attributable to their commercial or self-employed professional activity. The seller is entitled to request suitable proof of entrepreneurial status.
Deviating, conflicting, or supplementary general terms and conditions of the customer do not become part of the contract unless their validity is expressly agreed to in writing.
These GTC in their current version also apply to future contracts between the parties, without the need for further explicit reference.
§2 Conclusion of Contract
The presentation of goods in the webshop does not constitute a legally binding offer, but a non-binding invitation to place an order.
By clicking the “Buy now” button, the customer submits a binding offer to conclude a purchase contract for the products in the shopping cart.
The seller may accept this offer within five working days (Monday–Friday, excluding national holidays) by sending a written or electronic order confirmation (e.g., by email) or by dispatching the goods. In both cases, the contract is concluded at the time the order confirmation or shipping notification is received.
The customer guarantees that the information provided (especially billing and delivery address) is correct and declares that they are entitled to purchase as an entrepreneur.
The seller reserves the right to reject orders for factual reasons, e.g., due to lack of availability, technical errors in the shop, outstanding claims from previous orders, or lack of entrepreneurial status.
Technical representations in the online shop, especially colors and images, do not constitute guaranteed properties. The statutory requirements for the coloring of labels are decisive; nevertheless, there may be deviations between the digital representation and the actual product due to different screen displays.
§3 Prices and Payment Terms
All prices are in euros plus the applicable statutory VAT and any shipping and packaging costs.
Invoices are issued electronically by email, unless otherwise agreed.
Unless otherwise stated, the invoice amount is due for payment within 10 days net from the invoice date.
If the customer is in default, the seller is entitled to charge default interest at the statutory rate (§ 288 para. 2 BGB – 9 percentage points above the base rate) as well as a flat-rate default fee in accordance with § 288 para. 5 BGB.
The seller reserves the right to exclude certain payment methods or deliver only against prepayment in individual cases.
The customer is only entitled to set-off or retention rights if their claims have been legally established or are undisputed.
§4 Shipping, Delivery Conditions, and Transfer of Risk
Shipping is carried out at the seller’s discretion, in particular with DHL, GLS, DPD, or UPS.
Within Germany, a flat shipping fee of €7.90 plus VAT is charged. Shipping costs for deliveries abroad are calculated based on actual expenses and communicated to the customer before dispatch.
Stated delivery times are non-binding standard delivery times unless expressly confirmed in writing as binding.
Partial deliveries are permitted if reasonable for the customer. Any additional costs incurred by partial deliveries will only be borne by the seller if they are caused by the seller.
The risk of accidental loss and accidental deterioration of the goods passes to the customer upon handover of the goods to the carrier in accordance with § 447 BGB.
Transport insurance is automatically taken out with shipping (up to €500).
The seller reserves the right to withdraw from the contract in the event of non-availability of the goods.
§5 Retention of Title
The delivered goods remain the property of the seller until all claims arising from the business relationship have been settled in full.
The customer is entitled to resell the goods subject to retention of title in the ordinary course of business. In this case, the customer hereby assigns all claims arising from the resale in the amount of the invoice value of the goods subject to retention of title, including ancillary rights, to the seller. The seller hereby accepts the assignment.
Pledging or transfer by way of security of the goods subject to retention of title is not permitted.
The seller is entitled to take back the goods subject to retention of title if the customer acts in breach of contract, especially in the event of default in payment.
If the customer processes the goods subject to retention of title, the processing is carried out in the name and on behalf of the seller. The seller acquires co-ownership of the new item in proportion to the value of the goods subject to retention of title.
§6 Returns, Return Costs, Custom-Made Products
There is no statutory right of withdrawal; sales are made exclusively to entrepreneurs within the meaning of § 14 BGB.
Returns outside of statutory warranty claims require the prior written consent of the seller. In the event of an approved return, the customer bears the costs of return shipping and the risk of transport.
Custom-made or individually configured products (e.g., printed seals, labels, cartons) are excluded from return, exchange, and withdrawal unless there is a material defect.
The seller is entitled to charge a reasonable processing fee for the assessment, preparation, or reprocessing of returned goods.
§7 Liability for Defects / Warranty
The statutory warranty rights apply unless otherwise regulated below. § 477 BGB does not apply. The limitation period for defect claims is 12 months from the transfer of risk.
The customer is obliged to inspect the goods immediately after delivery in accordance with § 377 HGB and to notify any defects in writing without delay, but no later than 5 working days after delivery. In the case of hidden defects, the period begins upon discovery.
In the case of justified defects, the seller shall, at its discretion, provide rectification or replacement delivery.
If rectification fails or is unreasonable for the customer, the customer may—excluding further claims—reduce the purchase price or withdraw from the contract.
§8 Liability
The seller is liable for damages to the customer only in cases of intent and gross negligence. Liability for unforeseeable damages is excluded.
In cases of simple negligence, the seller is only liable for breach of an essential contractual obligation (cardinal obligation). In this case, liability is limited to the contract-typical, foreseeable damage.
The limitations of liability do not apply to
- damages resulting from injury to life, body, or health,
- claims under the Product Liability Act,
- fraudulent concealment of defects or assumption of a guarantee.
Liability for loss of profit, production downtime, business interruption, and indirect consequential damages is excluded—except in cases of intent.
§9 Place of Performance and Jurisdiction
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
The place of performance for all deliveries and services is the seller’s registered office.
The exclusive place of jurisdiction for all disputes arising from or in connection with this contract is—where legally permissible—the seller’s registered office. However, the seller is entitled to sue the customer at their general place of jurisdiction.
§10 Final Provisions
Amendments and additions to the contract as well as collateral agreements must be in text form. This also applies to any amendment of this text form clause.
Should individual provisions of these GTC be wholly or partially invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by the provision that comes closest to the economic purpose of the invalid provision.
The contract language is German.