Terms and Conditions & Customer Information

General Terms and Conditions with Customer Information

Provider and Contracting Party

Hahn a syn s.r.o.
Lelkova 186/4, 747 21 Kravaře, Czech Republic
Company Registration Number (IČO): 07882076
VAT ID No.: CZ07882076
Registered in the Commercial Register maintained by the Regional Court in Ostrava, Section C, File 77562
Managing Director: B.A. Lukas Hahn

E-mail: info@hahn-profis.de
Telephone: +49 9944 890 9896, +49 163 02 44 737

Warehouse and returns address:
Průmyslový areál B, Bolatická 2045/39, 747 21 Kravaře, Czech Republic

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Hahn a syn s.r.o., IČO: 07882076, with registered office at Lelkova 186/4, 747 21 Kravaře, Czech Republic, registered in the Commercial Register maintained by the Regional Court in Ostrava, Section C, File 77562 (hereinafter referred to as the "Seller"), apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter referred to as the "Customer") with the Seller with regard to the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby rejected unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their self-employed professional activity. An entrepreneur within the meaning of these GTC 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 self-employed professional activity.

2) Conclusion of the Contract

2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve to enable the Customer to submit a binding offer.

2.2 The Customer may submit the offer via the online order form integrated into the Seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that completes the ordering process. The Customer may also submit the offer to the Seller by e-mail, post, or online contact form.

2.3 The Seller may accept the Customer's offer within five days,

by sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby receipt of the order confirmation by the Customer is decisive, or
by delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive, or
by requesting payment from the Customer after the Customer has placed the order.

If several of the aforementioned alternatives apply, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the Customer sends the offer and ends at the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that the Customer is no longer bound by their declaration of intent.

2.4 If the payment method "PayPal Express" is selected, payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the Customer does not have a PayPal account - subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer selects "PayPal Express" as the payment method during the online ordering process, by clicking the button that completes the ordering process the Customer simultaneously issues a payment order to PayPal. In this case, the Seller hereby declares acceptance of the Customer's offer at the time when the Customer initiates the payment process by clicking the button that completes the ordering process.

2.5 When an offer is submitted via the Seller's online order form, the contract text is stored by the Seller after conclusion of the contract and sent to the Customer in text form (e.g. e-mail, fax, or letter) after the Customer has submitted the order. The Seller does not make the contract text available in any further way. If the Customer has created a user account in the Seller's online shop before submitting the order, the order data will be archived on the Seller's website and can be accessed free of charge by the Customer via the password-protected user account by entering the corresponding login details.

2.6 Before bindingly submitting the order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of better identifying input errors may be the browser's zoom function, which enlarges the display on the screen. During the electronic ordering process, the Customer can correct their entries using the usual keyboard and mouse functions until they click the button that completes the ordering process.

2.7 The contract may be concluded exclusively in the German language.

2.8 Order processing and communication generally take place by e-mail and automated order processing. The Customer must ensure that the e-mail address provided for order processing is correct so that e-mails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller to process the order can be delivered.

2.9 The Customer is obliged to carefully check the billing and company details provided when placing the order.

If the Customer requests a change to the billing details only after the invoice has been issued, the Seller is entitled to charge a processing fee of €8 net per change for the administrative work involved.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller's cancellation policy.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the Seller's product description, the prices indicated are total prices including statutory VAT. Any additional delivery and shipping costs that may apply are stated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the Seller is not responsible and which must be borne by the Customer. These may include, for example, costs for transferring money through financial institutions (e.g. transfer fees, exchange rate fees) or import duties and taxes (e.g. customs duties). Such costs may also arise in connection with the transfer of funds if the delivery is not made to a country outside the European Union but the Customer makes payment from a country outside the European Union.

4.3 The available payment method(s) will be communicated to the Customer in the Seller's online shop.

4.4 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract unless the parties have agreed on a later due date.

4.5 Offers are valid for only 6 weeks

All prices include statutory VAT and are exclusive of shipping costs. The goods remain the property of Hahn a syn s.r.o. until payment has been made in full.

The following payment methods are available to the Customer: Credit card (Visa, Mastercard)

In addition, the following payment methods are available: PayPal, advance payment.

5) Delivery and Shipping Terms

5.1 Goods are delivered by shipment to the delivery address specified by the Customer unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller's order processing system is decisive.

5.2 For goods delivered by freight carrier, delivery is made "free kerbside", i.e. to the public kerb nearest to the delivery address, unless otherwise stated in the shipping information in the Seller's online shop and unless otherwise agreed.

5.3 If the transport company returns the shipped goods to the Seller because delivery to the Customer was not possible, the Customer shall bear the costs of the unsuccessful shipment. This does not apply if the Customer is not responsible for the circumstance that led to the impossibility of delivery or if the Customer was temporarily prevented from accepting the offered service, unless the Seller had announced the service to the Customer a reasonable time in advance. Furthermore, this does not apply to the cost of outbound delivery if the Customer effectively exercises their right of withdrawal. With regard to return shipping costs, if the Customer effectively exercises the right of withdrawal, the provisions set out in the Seller's cancellation policy shall apply.

5.4 Collection in person is not possible for logistical reasons.

6) Retention of Title

If the Seller makes advance performance, the Seller retains ownership of the delivered goods until the purchase price owed has been paid in full.

7) Liability for Defects (Warranty)

7.1 If the purchased item is defective, the statutory provisions on liability for defects shall apply.

7.2 Notwithstanding the above, the following applies to used goods: Claims for defects are excluded if the defect occurs only after one year from delivery of the goods. Defects occurring within one year from delivery of the goods may be asserted within the statutory limitation period. However, the reduction of the liability period to one year does not apply

to items that have been used for a building in accordance with their customary use and have caused the building to be defective,
to claims by the Customer for damages and reimbursement of expenses, and
if the Seller has fraudulently concealed the defect.
to improper repairs or repairs carried out using non-original spare parts

7.3 The Customer is requested to report delivered goods with obvious transport damage to the delivery company and inform the Seller accordingly. Failure by the Customer to do so shall have no effect whatsoever on the Customer's statutory or contractual claims for defects.

7.4 We do not provide replacement or loan equipment during servicing.

7.5 The consumer is entitled to a 2-year warranty (statutory guarantee), which protects them if the goods are defective. The warranty for consumable goods (e.g. batteries) is 3 months.

7.6 For sales to legal entities, the warranty period is one year on the basis of the Seller's General Terms and Conditions (GTC).

7.7 Warranty claims do not apply in the following cases:

If the user does not follow the instructions in the operating manual regarding the use and maintenance of the purchased item.
If the identification sticker or labels or serial numbers are missing.
If malfunctions of the item occur as a result of improper transport, storage, or inadequate maintenance.
In the case of mechanical damage (cracks, chips, dents and damage caused by falls, deformation of the housing, power cable, plug, or other components, including damage caused by freezing water (ice formation).
In the event of malfunctions due to internal or external contamination, e.g. contamination of the fuel, oil, or cooling system.
If the item is not installed in accordance with the regulations or is used incorrectly.
If the alleged malfunction cannot be diagnosed or proven.
If proper operation of the item can be restored as a result of cleaning, appropriate adjustment, maintenance, oil change, etc.
If backup generators are used not as a backup power source but as a permanent power source without observing the maximum permissible running times and maximum operating duration for the respective model.
If malfunctions are found to have resulted from overloading the item. Signs of overloading include melting or discolouration of parts due to high temperatures, damage to cylinder or piston surfaces, destruction of piston rings, connecting rod bushings, etc.
The warranty does not cover failure of the automatic voltage regulator or inverter module in backup generators caused by damage resulting from connected electrical loads or incorrect installations.
If there are signs of mechanical or thermal damage to electrical cables or plugs.
If foreign bodies or objects, metal shavings, etc. are found inside the item.
If the malfunction is attributable to the use of unauthorised fuels or engine oils.
If the failure occurs as a result of natural factors - dirt, dust, moisture, high or low temperature, natural disasters.
For wear parts and accessories (spark plugs, nozzles, pulleys, filter and safety components, batteries, removable devices, belts, rubber seals, clutch springs, axles, recoil starters, lubricants, equipment).
For maintenance (cleaning, lubrication, flushing), installation, and adjustment.
If the item has been opened, modified, or repaired independently.
If operation of the item is not stopped after the fault is discovered but is continued.

7.8 If a Customer makes a warranty claim for their goods, we as the Seller bear the transport costs. However, if the warranty claim is not accepted (for example, because the Customer did not follow the operating instructions), we as the Seller are entitled to charge the Customer for the transport costs.

7.9 Extended Warranty

The buyer - consumer - is legally entitled to a 24-month warranty from the date of receipt of the goods.

The Seller provides an extended warranty of 5 years for selected products, subject to the following conditions:

The Customer must have preventive servicing of the equipment carried out at least once a year by an authorised service centre, either directly by the Seller or at a service centre approved by the Seller in advance.
The service intervention must be documented by proof (entry in the service book, invoice, or similar document).
If this condition is not met, entitlement to the extended warranty expires and only the statutory 24-month warranty remains in effect.
The extended warranty does not apply to wholesale customers (B2B partners), unless otherwise expressly agreed.
The extended warranty does not apply to damage caused by improper intervention, failure to follow the operating instructions, overloading the product, or use outside its intended purpose.

A prerequisite for claiming the extended warranty is that the equipment undergoes a load test performed by an authorised service technician. The load test must be carried out at every maintenance inspection and when making a warranty claim during the extended warranty period.

7.10 Warranty for industrial generators

The warranty period for industrial generators is:

24 months for consumers (natural persons not engaged in business),
12 months for entrepreneurs (legal entities and natural persons engaged in business).

Use of the warranty requires proper compliance with the service conditions of the manufacturer and Hahn a syn s.r.o. All service work must be carried out exclusively by an authorised service provider of Hahn a syn s.r.o. This includes servicing, regular inspections, and replacement of wear parts in accordance with the maintenance schedule specified by the manufacturer.
All service work carried out must be properly recorded in the service book supplied with the equipment. Failure to provide a properly maintained service book may result in rejection of the warranty claim.
If authorised servicing is carried out properly and regularly, the Customer has the option to extend the warranty up to 60 months or 1000 operating hours (MTH), whichever occurs first. Hahn a syn s.r.o. decides on the warranty extension on the basis of the service records.

7.11. The machine sent in for a warranty claim or service repair must be clean. The Seller is entitled to charge a cleaning fee of 25 € if the machine is received in a dirty condition.

8) Special Conditions for Processing Goods According to Specific Customer Requirements

8.1 If, according to the content of the contract, the Seller is obliged not only to deliver the goods but also to process the goods according to specific Customer requirements, the Customer must provide the operator with all content required for processing, such as texts, images, or graphics, in the file formats, formatting, image sizes, and file sizes specified by the operator, and must grant the necessary rights of use. The Customer alone is responsible for obtaining and acquiring the rights to this content. The Customer declares and assumes responsibility for having the right to use the content provided to the Seller. In particular, the Customer must ensure that no third-party rights are infringed, especially copyright, trademark, and personal rights.

8.2 The Customer shall indemnify the Seller against claims by third parties that may be asserted against the Seller in connection with an infringement of their rights resulting from the Seller's contractual use of the Customer's content. The Customer shall also bear the reasonable costs of necessary legal defence, including all court and legal fees in the statutory amount. This does not apply if the Customer is not responsible for the infringement. If claims are made by third parties, the Customer is obliged to provide the Seller immediately, truthfully, and completely with all information necessary to examine the claims and prepare a defence.

8.3 The Seller reserves the right to reject processing orders if the content provided by the Customer violates statutory or official prohibitions or public morality. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, insulting, harmful-to-minors and/or violence-glorifying content.

9) Redemption of Promotional Vouchers

9.1 Vouchers issued free of charge by the Seller as part of promotional campaigns with a specified validity period and which cannot be purchased by the Customer (hereinafter referred to as "Promotional Vouchers") can only be redeemed in the Seller's online shop and only during the specified period.

9.2 Individual products may be excluded from the voucher promotion if a corresponding restriction is stated in the Promotional Voucher.

9.3 Promotional Vouchers can only be redeemed before completion of the ordering process. Subsequent offsetting is not possible.

9.4 Only one Promotional Voucher may be redeemed per order.

9.5 The value of the goods must be at least equal to the amount of the Promotional Voucher. Any remaining balance will not be refunded by the Seller.

9.6 If the value of the Promotional Voucher is insufficient to cover the order, one of the other payment methods offered by the Seller may be selected to pay the difference.

9.7 The balance of a Promotional Voucher will neither be paid out in cash nor bear interest.

9.8 The Promotional Voucher will not be refunded if the Customer returns goods paid for in whole or in part with the Promotional Voucher under their statutory right of withdrawal.

9.9 The Promotional Voucher is transferable. The Seller may discharge its obligation by providing performance to the respective holder who redeems the Promotional Voucher in the Seller's online shop. This does not apply if the Seller is aware, or is grossly negligent in being unaware, that the respective holder is not entitled, lacks legal capacity, or lacks authority to represent.

10) Applicable Law

All legal relationships between the parties shall be governed by the law of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods. For consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence is not withdrawn.

11) Jurisdiction

If the Customer acts as a merchant, legal entity under public law, or special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the Seller's registered office. If the Customer has its registered office outside the territory of the Federal Republic of Germany, the Seller's registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the Customer's professional or commercial activity. In the aforementioned cases, however, the Seller shall in any event be entitled to bring proceedings before the court at the Customer's registered office.

12) Alternative Dispute Resolution

12.1 The EU Commission provides an online dispute resolution platform on the Internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.

12.2 The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.