General Terms and Conditions (GTC)

Josef Hölscher GmbH & Co. KG
Am Bach 4
48612 Horstmar
Email: info@equest-online.de
Tel.: 02551 93690
Fax: 02551 936969

1 Scope

1.1 These General Terms and Conditions of Josef Hölscher GmbH & Co. KG (Seller) apply to all contracts for the delivery of goods to consumers or entrepreneurs via the online shop.

1.2 Any differing terms and conditions of the customer shall not be recognized unless expressly agreed to in writing by the seller.

1.3 These terms and conditions also apply to future business transactions with entrepreneurs.

1.4 A consumer is any natural person who enters into a legal transaction for purposes that are not predominantly commercial or professional.

1.5 An entrepreneur is a natural or legal person or a legally capable partnership that, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity.

2. Conclusion of the contract

The product descriptions in the online shop do not constitute a binding offer. The customer submits a binding offer when completing the order via the order form. The seller can accept the offer by order confirmation, delivery of the goods, or payment request within five days. The contract text is saved and sent by email.

3 Right of withdrawal

Consumers have a statutory right of withdrawal.

Details can be found in the cancellation policy.

4. Prices and Payment Terms

All prices are total prices in euros including VAT. Shipping costs are shown separately during the order process.

Payment methods:

- Advance payment via bank transfer
- PayPal
- Klarna (instant bank transfer)
- Klarna invoice purchase only for businesses/merchants
- Stripe

For business customers: 30 days net or 10 days with a 2% discount. Prepayment may be required if there are doubts about creditworthiness.

5. Delivery and shipping conditions

Delivery will be made to the delivery address specified by the customer. If delivery fails for reasons attributable to the customer, the customer will bear the additional costs. Delivery times are stated in the product description. For businesses, risk passes to the customer upon handover to the carrier; for consumers, risk passes only upon delivery. The seller is not responsible for delivery delays caused by force majeure.

6 Retention of title

6.1 In the case of deliveries to consumers, the seller retains title to the delivered goods until full payment of the purchase price. The customer may not resell the goods before full payment. The customer must immediately notify the seller of any attachments or other third-party claims against the goods.

6.2 For deliveries to commercial customers, the seller retains title to the delivered goods until all claims arising from the business relationship – including orders that have been deferred or not yet fulfilled for other reasons – have been fully settled. This also applies if individual or all of the seller's claims have been included in a current account and the balance has been acknowledged.

6.3 The customer is entitled to resell the goods subject to retention of title in the ordinary course of business, provided that the customer fulfills its payment obligations to the seller. The customer hereby assigns to the seller all claims in the amount of the invoice value, including VAT, that arise from the resale against its customers or third parties. The seller accepts this assignment.

6.4 The customer further assigns to the seller any claims against third parties arising from other legal grounds in connection with the goods subject to retention of title (e.g., claims arising from loss, damage, or destruction of the goods). The seller also accepts this assignment.

6.5 The customer is entitled to collect the assigned receivables himself as long as he duly fulfills his payment obligations to the seller. The seller may revoke this authorization if the customer defaults on payment or if an application for the opening of insolvency proceedings is filed.

6.6 Any processing or transformation of the goods subject to retention of title by the customer is always carried out in the name and on behalf of the seller. If the goods are processed, combined, or mixed with other items not belonging to the seller, the seller acquires co-ownership of the new item in proportion to the invoice value of the goods subject to retention of title relative to the other processed items at the time of processing.

6.7 If the customer sells goods in which the seller has a co-ownership share, the customer hereby assigns to the seller the claim corresponding to the seller's share of co-ownership in the sold goods. The seller accepts this assignment.

6.8 The seller undertakes to release the securities to which he is entitled at the customer's request to the extent that their realizable value exceeds the secured claims by more than 20%. If the seller receives bills of exchange or checks, the retention of title only expires upon their final redemption.

7 Liability for defects (warranty)

7.1 If the customer is a consumer, the statutory provisions apply to defects in the delivered goods. The statutory warranty period is two years from delivery of the goods. For used goods, the warranty period is one year from delivery.

7.2 If the customer is a business, they must inspect the goods immediately upon delivery and notify the seller of any defects without delay. If the customer fails to give notice, the goods are deemed accepted, unless the defect was not discoverable upon inspection (§ 377 HGB).

7.3 If a defect exists, the seller is entitled, at his own discretion, to remedy the defect (repair) or to deliver a defect-free item (replacement delivery).

7.4 If the subsequent performance fails twice, or is unreasonable for the seller, or if the seller refuses it, the customer may, at his option, reduce the purchase price or withdraw from the contract.

7.5 The customer's claims for damages or reimbursement of futile expenses exist only in accordance with the liability provisions in clause 8 of these General Terms and Conditions.

7.6 The statutory limitation periods for recourse claims by entrepreneurs (§ 445a BGB) remain unaffected.

8 Liability

Liability is unlimited in cases of intent, gross negligence, injury to life, body, or health, product liability, or warranty. In cases of slight negligence resulting in a breach of essential contractual obligations, liability is limited to typical contractual damages. All other liability is excluded. These provisions also apply to vicarious agents and legal representatives.

9. Redeeming promotional vouchers

9.1 Promotional vouchers are vouchers that the seller issues free of charge as part of promotional campaigns with a specific validity period and that can be redeemed by the customer in the online shop.

9.2 Promotional vouchers are valid only during the specified period and can only be redeemed once per order. Individual products may be excluded from the voucher promotion.

9.3 Promotional vouchers can only be redeemed before completing the order process. Subsequent crediting is not possible.

9.4 Only one promotional voucher can be redeemed per order.

9.5 The balance of a promotional voucher will neither be paid out in cash nor accrue interest.

9.6 If the value of the promotional voucher is insufficient for the order, the difference can be paid using one of the payment methods offered.

9.7 The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the voucher within the scope of their right of withdrawal.

9.8 The promotional voucher is transferable. The seller may fulfill their obligation by making payment to the current holder. This does not apply if the seller has knowledge or grossly negligent ignorance of the holder's lack of entitlement.

10. Redeeming gift vouchers

10.1 Gift vouchers are vouchers that the customer can purchase. These can be redeemed in the online shop of Josef Hölscher GmbH & Co. KG.

10.2 Gift vouchers can only be redeemed before completing the order process. Subsequent crediting is not possible.

10.3 Only one gift voucher can be redeemed per order.

10.4 Gift vouchers can only be used to purchase goods and not to purchase other gift vouchers.

10.5 The balance of a gift voucher will neither be paid out in cash nor accrue interest.

10.6 If the gift voucher balance is insufficient to pay for the order, the difference can be paid using one of the payment methods offered.

10.7 The gift voucher is transferable. The seller may fulfill their obligation by making payment to the current holder. This does not apply if the seller has knowledge or grossly negligent ignorance of the holder's lack of entitlement.

11 Applicable Law

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this only applies to the extent that the protection afforded by mandatory consumer protection regulations is not thereby withdrawn.

12 Place of jurisdiction

If the customer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction is Steinfurt (Westphalia). The seller may also sue the customer at the customer's place of business.

13 Code of Conduct

The seller is not subject to any particular code of conduct.

14 Alternative Dispute Resolution

The seller is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.