General Terms and Conditions

§ 1 General provisions – Scope

1. The following General Terms and Conditions (GTC) apply to all business relationships between horntools GmbH and its subsidiaries or affiliated companies – hereinafter referred to as “horntools” – and the customer (hereinafter referred to as the “Customer”). The version of the GTC valid at the time the contract is concluded shall apply.
2. Consumers are consumers within the meaning of the Austrian Consumer Protection Act (KSchG) and are therefore natural or legal persons who are not entrepreneurs. Entrepreneurs are natural or legal persons or partnerships with legal capacity for whom the contract in question forms part of the operation of their business. Businesses are any organisations established on a permanent basis to carry out independent economic activities, whether or not they are operated for profit. Customers include both consumers and entrepreneurs.
3. Any deviating, conflicting or supplementary general terms and conditions shall not form part of the contract, even if known, unless their validity has been expressly agreed to in writing.
4. By submitting a binding order in the online shop, the Customer expressly agrees to the GTC, which therefore become part of the contract.

§ 2 Conclusion of the contract

1. Our offers are subject to change and non-binding. We reserve the right to make technical and other changes within reasonable limits.
2. By placing an order, the Customer submits a binding contractual offer and confirms that they are of legal age. Receipt of the Customer’s order is confirmed electronically. The confirmation of receipt does not yet constitute binding acceptance of the order. It constitutes acceptance only if this is expressly stated.
3. horntools is entitled to accept the order within three business days of receipt. horntools is entitled to reject the order within three business days, for example after checking the Customer’s creditworthiness. The Customer will be informed of this within three business days. horntools is also entitled to limit the order to quantities customary for a household.
4. horntools stores the contract text and sends it to the Customer by email after conclusion of the contract, together with the GTC effectively incorporated into the contract.
5. The Customer can place an order only after fully entering the data required to complete the purchase (name, address, etc.).
6. When offers are adjusted or updated in the horntools online shop (including, among others, the domains horntools.com, www.horntools.ch, www.horntools.de and www.horntools.at), on Amazon or on other platforms, incorrect information and prices may temporarily be displayed.
7. In the event of typographical or calculation errors in the horntools online shop, on Amazon or on other platforms, horntools is entitled to withdraw without the person placing the order acquiring any claims as a result. If the goods are unavailable, horntools reserves the right not to provide the promised service. Any payments already made will be refunded in this case.
8. In the event of even partial payment default, horntools is entitled to collect the goods without the purchaser’s consent.

§ 3 Contract language

The only permitted contract language, without exception, is German.

§ 4 Retention of title

1. horntools retains title to the goods until the purchase price has been paid in full.
2. horntools is entitled to withdraw from the contract if the Customer acts in breach of contract, in particular in the event of payment default.
3. The Customer may resell unpaid goods only if horntools has been informed sufficiently in advance, stating the purchaser’s exact company name and address, and horntools has approved the sale in writing. If approval is granted, the purchase-price claim shall be deemed assigned to horntools, and horntools is entitled to notify the third-party debtor of this assignment.
4. Advance payment generally applies to purchases made through Amazon and other platforms.

§ 5 Right of withdrawal/cancellation

Please follow this link: https://www.horntools.com/policies/refund-policy

§ 6 Remuneration

1. Prices are subject to change and are stated in euros plus statutory VAT, where applicable. horntools GmbH reserves the right to change prices, in particular if general price or wage increases or increases in public charges occur after the purchase has been concluded.
2. Prices offered in the horntools online shop, on Amazon and on other platforms are current daily prices and apply until revoked. For mail-order purchases, the price is plus the shipping costs stated in each case. The Customer must pay by credit card, Klarna, PayPal, EPS transfer or advance payment. horntools reserves the right to exclude individual payment methods. Special conditions must be regulated by an additional contractual agreement.
3. If the Customer selects bank transfer, payment must be made within three business days of receipt of the order confirmation. The payment date is exclusively the date on which the amount is credited to horntools’ bank account. Bills of exchange are not accepted. After this period, the Customer is in payment default. The Customer undertakes to pay the agreed price no later than the date specified on the invoice. The payment deadlines printed on the invoice apply. After this deadline, the Customer is in payment default.
4. During payment default, the Customer, whether a private or business customer, must pay interest on the entire monetary debt at five percentage points above the base interest rate.
5. If the Customer is in payment default, horntools is entitled to apply any partial payments already made by the Customer to the claim at its discretion, irrespective of the Customer’s stated designation. If the Customer defaults on even one payment or instalment, or if the Customer’s financial circumstances deteriorate significantly, horntools is entitled to declare its claims immediately due, even where horntools has agreed to defer them, to withdraw with immediate effect from contracts that have not yet been performed or have been only partially performed, and to terminate continuing obligations with immediate effect. In such cases, horntools is entitled to demand the return of goods already delivered. Irrespective of the reason for reversing the transaction and irrespective of either party’s fault, horntools is entitled to charge a usage fee amounting to 90% of the original purchase price. The Customer may not offset any counterclaims.
6. The Customer undertakes to bear all costs and expenses associated with collecting the claim, in particular collection charges and other costs necessary for appropriate legal enforcement. Such costs also include reminder fees amounting to 0.5% of the amount being demanded, but at least EUR 5 and no more than EUR 150.
7. Any export or import duties incurred during shipping shall be borne by the Customer, who may obtain information in advance from the relevant regional customs office.
8. If the Customer is in default of acceptance, the risk of accidental loss or accidental deterioration of the item passes to the Customer. The Customer is in default of acceptance if they do not accept the properly offered performance.
9. The granting of discounts, discount structures and price reductions is reserved exclusively for horntools and may be changed or revoked by horntools at any time.

§ 7 Delivery

1. Delivery is made using a shipping method and shipping company selected by horntools. The horntools shipping terms apply.
2. The risk of accidental loss and accidental deterioration of the goods passes to the Customer when the goods are handed over to the forwarding agent, carrier or other person or institution appointed to carry out the shipment (this does not apply to consumers).
3. Products in stock are generally delivered within two to three business days of the order confirmation (for consumers, after receipt of payment), but in any event within the statutory delivery period of 30 days from the order date, unless a different period is stated in the product description or horntools has communicated a different delivery date to the Customer in advance. If a delivery does not reach the Customer within the period stated above, the Customer must inform horntools. If the Customer agrees to a later delivery, horntools will make the delivery subsequently; otherwise, the Customer is entitled to withdraw from the contract.
4. Shipping costs are stated in the horntools online shop, on Amazon and on other platforms.
5. In particular for freight-forwarded goods, the Customer may refuse delivery if the goods or packaging arrive damaged. If the Customer nevertheless accepts the goods, transport damage can no longer be claimed later and horntools GmbH cannot assert a claim for damages against the forwarding agent in such a case.

§ 8 Statutory warranty/guarantee

1. The Customer may generally choose between repair and replacement or exchange. horntools may refuse the chosen remedy if it is impossible or, compared with the alternative remedy, would involve disproportionate expense. For entrepreneurs, horntools initially provides a remedy for defects in the goods, at its discretion, by repair or replacement/exchange. The Customer bears the related shipping costs.

2. If repair is impossible or unreasonable, the Customer may generally choose between a price reduction and, provided the defect is not merely minor, rescission of the contract.

3. Entrepreneurs must inspect the delivered goods for defects within three days of delivery and notify horntools of any defects in writing within one week of receiving the goods. Otherwise, statutory warranty claims are excluded. Hidden defects must be reported to horntools in writing within one week of discovery. Timely dispatch is sufficient to meet the deadline. The entrepreneur bears the full burden of proof for all prerequisites of the claim, in particular the defect itself, the time at which it was discovered and the timely notification of the defect. The statutory warranty period excludes damage caused at the Customer’s premises or by a third party due to wear and tear or external influences unusual for the product. horntools is also released from statutory warranty obligations if the delivered goods have been modified, processed or subjected to attempted defect remediation by the Customer or third parties.

4. The statutory warranty period for consumers is two years from delivery of the goods. The statutory warranty period for entrepreneurs is one year from delivery. The entrepreneur waives rights of recourse under sections 445a et seq. of the German Civil Code (BGB) and, in return, receives a 2% price reduction on all purchases; this reduction has already been deducted from the sale price.

5. Defects in part of the delivered goods do not entitle the Customer to reject the entire delivery.

6. horntools provides consumers with guarantees for the following product groups:

   • Roof tents: 5 years
   • Roof racks: 5 years
   • Winches: 5 years
   • All other products: 2 years

   If a product in one of the above categories develops a fault during the guarantee period, the Customer may generally choose between repair and replacement or exchange. horntools may refuse the chosen remedy if it is impossible or, compared with the alternative remedy, would involve disproportionate expense. For entrepreneurs, horntools initially remedies defects in the goods, at its discretion, by repair or replacement/exchange. The guarantee takes effect on the invoice date. horntools reserves the right to amend the guarantee terms at any time with effect for the future.

   A prerequisite for the full guarantee is that the products are operated in accordance with the operating instructions, in compliance with the applicable legal recommendations, and regularly serviced and inspected by a dealer authorised by horntools.

   Transferability of the guarantee

   The guarantee applies exclusively to the original purchaser and expires if the product is resold. It cannot be transferred to third parties. Statutory warranty rights remain unaffected. The Customer bears the packaging and transport costs associated with the guarantee; these are not covered by the guarantee.

7. Limitations of the guarantee

   Non-repairable parts that are subject to mechanical ageing or natural wear and tear are excluded from the guarantee (e.g. connection and extension cables, mains and control cables, plugs, solenoid valves, wheels, etc.).

   Exclusions from the guarantee

   No guarantee claim exists in the following cases:

   • if products are not operated using original accessories and/or original spare parts;
   • if work is carried out by persons not authorised by horntools;
   • if products are subjected to excessive loads;
   • if products are not used for their intended purpose;
   • in the event of improper modifications and/or repairs;
   • for partially or completely dismantled products;
   • for products damaged by accident, misuse, improper operation, incorrect installation, network faults or defects, carelessness, force, disregard of specifications or operating instructions, inadequate maintenance, external influences, natural disasters or personal accidents;
   • for products that have not been properly and regularly maintained;
   • for products that have not been properly and regularly inspected.

8. Making a guarantee claim

   To make a guarantee claim, please contact us in writing at:

   horntools GmbH
   Wallenmahd 23
   6850 Dornbirn
   Austria

   or by email at: info@horntools.com

9. The original invoice issued by horntools must be presented to make a claim under the guarantee or statutory warranty. At our request, the product must be sent to us immediately at the purchaser’s risk and expense. Replaced products become the property of horntools. Replacement or repair does not extend the guarantee period. There is no entitlement to a loan or replacement product during the repair or replacement period.

10. General provisions

    This information applies without prejudice to statutory warranty claims and on the basis of our General Terms and Conditions and our guarantee provisions. Any ancillary agreements must be confirmed by horntools in writing.

11. There is no entitlement to an extension of the guarantee.

§ 9 Right of return for private customers (hereinafter “consumers”)

1. The consumer has the right to withdraw from the purchase within 14 days and return the goods to horntools. This period begins on the day the goods are delivered to the consumer. However, goods may be returned, and the purchase may therefore be cancelled, only if they are returned in their original packaging and show no signs of use or alterations. The consumer bears all packaging and return shipping costs.

§ 10 Limitations of liability and indemnification

1. Outside the scope of the Product Liability Act, horntools’ liability is limited to intent or gross negligence. Liability for slight negligence, compensation for consequential and financial losses, lost savings, interest losses and damage arising from third-party claims against the Customer is excluded. horntools cannot be held liable for improper handling or failure to observe the supplied operating instructions. To enable the work required to remedy a defect, the Customer must return the goods to horntools, provided horntools agrees.
2. horntools accepts no liability for the accuracy of advice, descriptions, intended applications or use of the goods. The person placing the order, the purchaser and the user must satisfy themselves that the goods are suitable for their intended purpose.
3. horntools is liable only for its own content in the horntools online shop. Where horntools provides links giving access to other websites, it is not responsible for third-party content on those websites. horntools does not adopt such third-party content as its own. If horntools becomes aware of unlawful content on external websites, access to those pages will be blocked without delay.

§ 11 Packaging and electrical equipment provisions/information

For consumers:

1. Customers are asked to dispose of packaging at suitable local recycling facilities. horntools has licensed this packaging and pays contributions to the system operators for its disposal/recovery. With the help of packaging laws and regulations, Customers and horntools can work together to prevent or reduce the environmental impact of packaging waste.
2. horntools cannot accept old electrical equipment (the take-back obligation applies only above a larger sales-area threshold). horntools therefore asks Customers to dispose of old equipment at a suitable nearby recycling facility so that it can be recycled. Customers are asked to remove any batteries and rechargeable batteries and dispose of them separately through battery collection.

For entrepreneurs:

1. Where horntools is obliged under packaging regulations to take back packaging material, in particular transport packaging, the entrepreneur must return the corresponding material to horntools at its own expense and risk. Entrepreneurs who forward packaging must arrange and pay for its licensing themselves.
2. When goods are delivered on Euro pallets, at least the same number of Euro pallets of the same size and in the same or better condition must be handed back to the carrier immediately upon delivery.

§ 12 Copyright

1. All information, graphics and the design of the horntools online shop, on Amazon and on other platforms are provided exclusively for Customers’ information. Use is at the user’s own risk. All data in the horntools online shop are protected under sections 4 and 87a et seq. of the Copyright Act. Product images shown are for illustrative purposes only and may therefore differ from the actual product.
2. Reproduction, copying and printing of the entire website are permitted only for the purpose of placing an order with horntools. Any further editing, reproduction, distribution and/or public communication exceeds normal use and constitutes a copyright infringement.

§ 13 Customer reviews

1. Customers may submit a review of a product purchased from horntools via our review service provider Judge.me.
2. horntools endeavours to publish only reviews from Customers who actually purchased the relevant product through the horntools online shop. Reviews are generally matched automatically with the associated order; this process cannot guarantee a complete verification of every individual review.
3. horntools reserves the right not to publish reviews or to remove them later, in particular if they contain insulting, unlawful or clearly irrelevant content, disclose third-party personal data or cannot be matched to an actual order.
4. There is no entitlement to publication of a submitted review.

§ 14 Data protection

Please follow this link: https://www.horntools.com/policies/privacy-policy

§ 15 Final provisions

1. Austrian law applies. The provisions of the United Nations Convention on Contracts for the International Sale of Goods do not apply. For consumers, this choice of law applies only insofar as it does not deprive them of protection afforded by mandatory provisions of the law of the country in which they have their habitual residence.
2. The Austrian court with local and subject-matter jurisdiction for horntools’ registered office is agreed as the place of jurisdiction for all disputes arising directly or indirectly from the contract. If the Customer is a consumer, this place of jurisdiction is agreed only if the Customer has their residence, habitual residence or place of employment in that judicial district, or if the Customer resides abroad.
3. If individual provisions of the contract with the Customer, including these General Terms and Conditions, are or become wholly or partially invalid, this shall not affect the validity of the remaining provisions. The wholly or partially invalid provision shall be replaced by a provision whose economic effect comes as close as possible to that of the invalid provision.