Preamble
HUDORA GmbH, Alte Papierfabrik 28, 40699 Erkrath, Germany (hereinafter referred to as “HUDORA” or “we”) is a family-owned company with a long tradition and is committed to sustainable, fair and cooperative business relationships. As a responsible market participant, we adhere to social and ecological standards throughout our supply chain. We strive for transparent and trust-based cooperation with our commercial partners, whereby each party remains independently responsible for risks within its own sphere of influence. Integrity, reliability and clear communication form the basis of our actions.
The following legal provisions govern our business relationships with commercial customers (hereinafter referred to as “you” or “the customer”). These General Terms and Conditions (hereinafter referred to as “GTC”) define the essential rights and obligations of both parties and serve to ensure clear and fair cooperation.
1. Scope of Application
These GTC apply to all deliveries and services provided by HUDORA to commercial customers (hereinafter also referred to as “partners”).
Our offer is directed exclusively at entrepreneurs. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or self‑employed professional activity.
A consumer is any natural person who concludes a legal transaction for purposes that predominantly cannot be attributed to their commercial or self‑employed professional activity.
In addition to verifying your status as an entrepreneur when placing an order, we are entitled to request proof of your entrepreneurial status by submitting suitable and current documents, e.g. an extract from the commercial register or a trade registration.
These GTC also apply to future business relationships without the need for renewed reference. If the entrepreneur uses conflicting or supplementary general terms and conditions, their applicability is hereby expressly rejected; they shall only become part of the contract if we have expressly agreed to them in writing.
2. Contractual Partner, Conclusion of Contract
The purchase contract is concluded with HUDORA GmbH.
The presentation of products does not constitute a legally binding offer but a non-binding catalogue. By placing an order, you submit a binding offer for the products contained in the order.
If you place a binding order via our website, the following applies:
You may initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided and explained during the ordering process. By clicking the order button, you submit a binding offer for the goods contained in the shopping cart. Confirmation of receipt of your order is sent by email immediately after submission.
You are required to disclose who is the contractual partner from a legal and commercial perspective and who is the – possibly purely technical – invoice recipient.
Orders shall only be deemed accepted once confirmed by us by email or in writing. The invoice shall also be deemed a confirmation. We will provide you with our order confirmation or invoice within 14 days.
3. Subject Matter of the Contract
3.1 Order and Product Description
The subject matter of the contract is defined by the respective order and product description, which forms an essential part of the contract. Images and colours shown in catalogues, price lists or other documentation serve as general guidance only and are non-binding.
3.2 Material Deviations, Product Images
Technically necessary or production-related design and material deviations that do not impair the contractually agreed functionality remain reserved. In such cases, we will inform you without undue delay.
If the order is placed via our website, the following applies:
Due to individual screen configurations (e.g. resolution and brightness), minor deviations between the displayed and the actual product colours may occur.
For wooden products, natural variations in grain, structure and colour of the wood may occur.
4. Reservations; Sample Shipments
4.1 Reservations
Reservations made by the customer are binding. After the expiry of the reservation period, remaining quantities shall be shipped to the customer after prior coordination and invoiced accordingly.
4.2 Sample Shipments
The customer shall bear the shipping costs for any sample shipments. Sample shipments that are improperly handled by the customer and returned damaged or incomplete cannot be accepted. In such cases, we will invoice the costs incurred.
Sample shipments may contain trade secrets and other confidential information. The customer undertakes to maintain confidentiality with regard to the samples provided. In particular, samples may not be passed on to third parties or otherwise used without HUDORA’s consent. In the event of a breach, HUDORA shall be entitled to assert claims for damages.
5. Delivery Conditions
Shipping is carried out at the customer’s expense.
Fixed delivery dates shall only apply after our express confirmation. The delivery week confirmed by us merely represents an estimated delivery date and refers to dispatch from our warehouse in Wülfrath.
5.1 Shipping Costs
Unless otherwise agreed, our current shipping cost list shall apply.
5.2 Delivery Options
We ship the products to the delivery address specified in the order or during the ordering process.
We deliver exclusively by shipment. Self-collection of goods is possible at our premises (Alte Papierfabrik 28, 40699 Erkrath).
5.3 Partial Deliveries
Subject to our own correct and timely supply, we shall endeavour to ensure prompt delivery. If part of an order cannot be delivered immediately because we have not been supplied on time by our reliable supplier through no fault of our own despite placing a corresponding order, we shall deliver the remaining goods subsequently without recalculating shipping costs, provided this is reasonable for you.
5.4 Force Majeure
We reserve the right to withdraw from the contract if contract execution or delivery is objectively not possible due to force majeure or other circumstances beyond our control, such as natural disasters, epidemics, war or fire. In such cases, we will inform you without undue delay upon becoming aware of such circumstances and refund any payments already made.
6. Payment
6.1 Prices
The prices applicable at the time of order placement shall apply. Prices are net prices ex warehouse Wülfrath.
6.2 Due Date and Default
The price is due upon conclusion of the contract unless a later date arises from the following payment terms.
In the event of default, we reserve the right to charge statutory default interest at a rate of nine percentage points above the base interest rate, as well as a flat fee of EUR 40. Further claims remain unaffected.
6.3 Payment Methods and Invoicing
You agree to receive all invoices by email. This consent may be revoked at any time.
Invoice
The invoice amount is due within 14 days of receipt of the invoice and the goods by bank transfer to the bank account stated on the invoice.
We reserve the right to offer payment by invoice only after successful credit assessment.
- Invoices for Services Provided to HUDORA
If you have provided a chargeable service to HUDORA, you must issue us with a proper invoice within 14 days after performance. If the invoice is received after this period, we are entitled to deduct a processing fee of 5% of the invoice amount. You are entitled to prove that no or lesser damage has been incurred.
Advance Payment, Cash on Delivery
In individual cases, especially for first orders or insufficient creditworthiness, we reserve the right to deliver only against advance payment or cash on delivery.
6.4 Set-off and Retention Rights
A right of set-off is only available if your counterclaim arises from the same contractual relationship or stands in a reciprocal relationship to our main claim, is not disputed by us, or has been legally established.
A right of retention exists only if your counterclaim is based on the same contractual relationship.
7. Retention of Title
We retain ownership of the goods until full settlement of all claims arising from an ongoing business relationship. You are entitled to resell the reserved goods in the ordinary course of business; all claims arising from such resale are hereby assigned to us in advance in the amount of the invoice value, irrespective of any combination or mixing of the goods with new items.
8. Transport Damage
The risk of accidental loss and accidental deterioration shall pass to you as soon as we have handed over the goods to the carrier or freight forwarder.
9. Warranties and Guarantees
9.1 Warranty Rights
Unless expressly agreed otherwise below, statutory warranty rights shall apply.
9.2 Guarantees and Customer Service
Information on any additional guarantees that may apply and their precise conditions can be found with the respective product.
10. Returns, Refusal of Acceptance and Drop Shipping
10.1 No Return of Overstock or End Customer Returns
HUDORA does not accept returns of overstock or end customer returns.
10.2 Returns Due to Refusal of Acceptance
If goods are returned due to refusal of acceptance, reshipment shall only take place after prior agreement. The customer shall bear the shipping costs and a processing fee of EUR 3.00.
10.3 Drop Shipping
For direct shipping (drop shipping), HUDORA ships the goods on behalf of the customer directly to the end customer. HUDORA assumes no return or payment risk.
11. Liability
Claims for damages are excluded unless otherwise stated.
12. Code of Conduct
The Code of Conduct for Business Partners forms an essential part of the contract.
13. Final Provisions
German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
If you are a merchant within the meaning of the German Commercial Code, the exclusive place of jurisdiction shall be our registered office.
Place of performance is Erkrath.
Should individual provisions of these GTC be wholly or partially invalid, the validity of the remainder shall remain unaffected.
