Terms of service
Josef Hölscher GmbH & Co. KG
Am Bach 4
48612 Horstmar, Germany
Email: info@equest-online.de
Tel.: +49 (0)2551 93690
Fax: +49 (0)2551 936969
1 Scope of application
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 Deviating terms and conditions of the customer shall not be recognized unless the Seller expressly agrees to them in writing.
1.3 These General Terms and Conditions also apply to future transactions with entrepreneurs.
1.4 A consumer is any natural person who enters into a legal transaction primarily for non-commercial or non-professional purposes.
1.5 An entrepreneur is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.
2 Conclusion of contract
The product descriptions in the online shop do not constitute a binding offer. The customer submits a binding offer when they complete the order using the order form. The seller can accept the offer by confirming the order, delivering the goods, or requesting payment within five days. The contract text is stored and sent by email.
3 Right of withdrawal
Consumers have a statutory right of withdrawal.
Details can be found in the withdrawal policy.
4 Prices and terms of payment
All prices are total prices in euros including statutory value added tax.
Payment methods:
- Prepayment by bank transfer
- PayPal
- Klarna (instant transfer)
- Klarna purchase on account for businesses/retailers only
- Stripe
For businesses: 30 days net or 10 days with a 2% discount. If there are doubts about creditworthiness, prepayment may be required.
5 Delivery and shipping conditions
Delivery will be made to the delivery address specified by the customer. If delivery fails for reasons for which the customer is responsible, the customer shall bear the additional costs. Delivery times are specified in the product description. For businesses, risk is transferred upon handover to the carrier/freight forwarder; for consumers, risk is transferred upon handover. The seller is not responsible for delivery delays due to force majeure.
6 Retention of title
6.1 In the case of deliveries to consumers, the seller retains title to the delivered goods until the purchase price has been paid in full. The customer may not resell the goods before full payment has been made. The customer must notify the seller immediately of any seizures or other access to the goods by third parties.
6.2 In the case of deliveries to commercial customers, the seller retains ownership of the delivered goods until all claims arising from the business relationship—including deferred orders or orders not yet executed for other reasons—have been settled in full. This also applies if individual or all claims of the seller have been included in a current invoice 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 as long as they meet their payment obligations to the seller. The customer hereby assigns to the seller all claims in the amount of the invoice value, including value added tax, which accrue to them from the resale to their customers or third parties. The seller accepts this assignment.
6.4 The customer also assigns to the seller its 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 claims himself as long as he duly meets his payment obligations to the seller. The seller may revoke this authorization if the customer defaults on payment or if an application is made to open insolvency proceedings.
6.6 Any processing or transformation of the goods subject to retention of title by the customer shall always be 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 shall acquire co-ownership of the new item in proportion to the invoice value of the goods subject to retention of title to the other processed items at the time of processing.
6.7 If the customer sells the goods in which the seller has co-ownership, they hereby assign 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 it is entitled at the customer's request insofar as their realizable value exceeds the claims to be secured by more than 20%. If the seller receives bills of exchange or checks, the retention of title shall not expire until they have been finally honored.
7 Liability for defects (warranty)
7.1 If the customer is a consumer, the statutory provisions shall 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 an entrepreneur, they must inspect the goods immediately upon delivery and notify the seller of any defects without delay. If the customer fails to notify the seller, the goods shall be deemed to have been approved, unless the defect was not apparent during the inspection (§ 377 HGB).
7.3 If there is a defect, the seller is entitled, at its 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 their discretion, reduce the purchase price or withdraw from the contract.
7.5 The customer's claims for damages or reimbursement of futile expenses shall only exist in accordance with the liability provisions in Section 8 of these General Terms and Conditions.
7.6 The statutory limitation periods for recourse claims by entrepreneurs (Section 445a BGB) remain unaffected.
8 Liability
Unlimited liability in cases of intent, gross negligence, injury to life/limb/health, product liability, or warranty. In cases of slightly negligent breach of essential contractual obligations, liability is limited to typical contractual damages. Other liability is excluded. These provisions also apply to vicarious agents and legal representatives.
9 Redemption of promotional vouchers
9.1 Promotional vouchers are vouchers that the seller issues free of charge as part of promotional campaigns with a specific period of validity and which can be redeemed by the customer in the online shop.
9.2 Promotional vouchers are only valid during the specified period and can only be redeemed once during an order process. Individual products may be excluded from the voucher promotion.
9.3 Promotional vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.
9.4 Only one promotional voucher can be redeemed per order.
9.5 The credit balance of a promotional voucher will not be paid out in cash or bear interest.
9.6 If the value of the promotional voucher is not sufficient to cover the order, the difference can be paid using one of the offered payment methods.
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 can make payment to the respective holder with discharging effect. This does not apply if the seller has knowledge or grossly negligent ignorance of the holder's lack of authorization.
10 Redemption of 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 offsetting is not possible.
10.3 Only one gift voucher can be redeemed per order.
10.4 Gift vouchers can only be used for the purchase of goods and not for the purchase of additional gift vouchers.
10.5 The credit balance of a gift voucher will not be paid out in cash or bear interest.
10.6 If the credit balance of the gift voucher is not sufficient 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 can make payment to the respective holder with discharging effect. This does not apply if the seller has knowledge or grossly negligent ignorance of the holder's lack of authorization.
11 Applicable law
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this only applies insofar as the protection of mandatory consumer regulations is not 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 their place of business.
13 Code of conduct
The seller is not subject to any specific code of conduct.
14 Alternative dispute resolution
The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
