Imprint

Hansgrohe SE
Auestr. 5-9
77761 Schiltach
Tel.: +49 7836 51-0
Fax: +49 7836 51-1300
info@hansgrohe.com

Handelsregister Amtsgericht Stuttgart HRB 740779
UST.-IDNR.: DE 812782725

Executive Board:
Thorsten Klapproth (Chief Executive Officer)
Frank Schnatz (Executive Board)
Frank Semling (Executive Board)

Chairman of the Supervisory Board:
Klaus F. Jaenecke

Legal Notice

(03/2010)
For our Hansgrohe ONLINE TOOLS website.

Please read the following conditions carefully before you use our website. By using our website you declare that you accept our conditions of use.

We have made every effort to keep this website up to date. However, this  cannot be guaranteed.

Please note that some information on our website refers to products, product ranges or services that are not available in certain countries. Please refer to your local Hansgrohe distributor concerning the products or services available in your country.

We have made every effort to ensure that the information we have provided on this website is correct and complete. However, we cannot guarantee its accuracy, completeness or suitability for particular uses We accept no liability for any damages such as data loss, etc. occurring due to use of our website. By including certain information, data, images, etc. on this website, we do not offer any guarantee that these are not protected for third parties by copyright or brand rights.

Hansgrohe SE cannot grant any legal right for certain services to be provided. We reserve the right to cut back, change or discontinue any or all contents and services provided on this website at any time. Furthermore, we cannot guarantee continuous and undisrupted availability of the services provided.

The right to use the online tools provided on this website excludes their use in combination with statements or representations which are defamatory, slanderous or which conflict with any other ethical principles or statutory provisions. Hansgrohe SE does not examine how the  online tools provided are used on your website. We do not examine any content added to your website by the user, be this with respect to its legality, correctness or its potential to harm. Hansgrohe SE is not responsible for any content on your webpage. The content does not reflect our views. The same shall apply if the users are Hansgrohe employees.

In the event of a utilisation which does not meet these conditions of use and which results in claims against Hansgrohe SE by third parties, the user shall release us from any and all claims to the extent to which he is at fault.

We reserve the right to abbreviate and move to different areas, temporarily block and/or permanently delete any content at any time.

The following applies to all links on our website: We wish to express unambiguously that we have no influence on the content or form of the links, on any infringement of rights that may apply, including trademark or title rights, or the contents of the linked pages. For this reason we expressly distance ourselves from the wording of links and the contents of any pages linked to our website, and we have not adopted their contents. This statement applies to all links provided on our website and to any content on the pages that can be accessed through the banners and links registered with us.

All information or data, its use and registration on the Hansgrohe website, as well as any related act, acquiescence or omission is subject exclusively to German law. Location of fulfillment and exclusive legal jurisdiction - as far as permitted by law - is Rottweil, Germany.

Compensation liability

(03/2010)
  1. In cases of injuries to life, body or health which are based on a negligent breach of duty by Hansgrohe SE or a wilful or negligent breach of duty by one of its legal representatives or auxiliary persons, Hansgrohe SE is liable according to the legal provisions.
  2. For other damages, the following applies:
    a) For damages which are based on a grossly negligent breach of duty by Hansgrohe SE or a wilful  or grossly negligent breach of duty by one of its legal representatives or auxiliary persons, Hansgrohe SE is liable according to the legal provisions.
    b) For damages which are based on a violation of essential contractual obligations due to simple negligence by Hansgrohe SE, its legal representatives or auxiliary persons, Hansgrohe SE’s liability is limited to the foreseeable loss typical for this type of contract.
    c) Indemnity claims for other damages due to breaching secondary obligations or non-essential obligations are exempted in cases of simple negligence. This applies in particular to indirect damages resulting from information, software, documents, or other data available via one of its website pages which is not free from viruses or other hazardous components.
    d) Indemnity claims from delays which are based on simple negligence are exempted; the legal rights of the purchaser subsequent to expiry of a reasonable extension of time shall remain unaffected.
  3. Liability disclaimers or restrictions do not apply if Hansgrohe SE fraudulently concealed a deficiency or provided a guarantee for the condition of the item.
  4. The purchaser’s entitlement for replacement of unsuccessful expenses for the indemnity claim instead of the performance shall remain unaffected.

Copyright

(03/2010)
All pictures, graphics, files, texts and applications of this website are copyright or trademark protected. Their publication or further use in electronic media, for private as well as for commercial use, requires prior approval of the copyright licensing agreement in the context of the registration and admission for the Hansgrohe ONLINE TOOLS website.

The texts, pictures, graphics, logos and applications provided on the Hansgrohe website may only be used on other websites within prescribed limits. They may not be copied for commercial purposes.

Copyright and Trademark: Hansgrohe SE strives to observe the copyrights of graphics, pictures. texts etc. used in all of its publications. All brand names and trademarks named within the internet site and possibly protected by third parties are subject - without limitation - to the provisions of the respective applicable trademark and the property rights of the respective registered owners. The fact that a trademark has merely been named shall not imply that trademarks are not protected by the rights of third persons.

Privacy Policy

(03/2010)
General notice regarding data protection.
The protection of personal information is of paramount importance to Hansgrohe SE. We therefore welcome the opportunity to tell you about how we protect your privacy when you make your personal information available to us. In addition to complying with legal data protection regulations as a matter of course, we hereby pledge to handle your data responsibly, so that your privacy is protected at all times. It is very important to us that you feel safe and secure when you visit our web pages.

Technical access data.
When you access Hansgrohe SE's internet web pages, information of a general nature is automatically collected. This information includes, for instance, the type of web browser, the operating system used, the domain name of your internet service provider and the like. None of the information concerned can be used to draw any conclusions about your personal details. This data is generated whenever other internet websites are accessed as well. It is therefore not about a function that is specific to Hansgrohe internet pages. Information of this type is obtained in an entirely anonymous fashion and is statistically evaluated by us.

Use of cookies.
This website uses Google Analytics, a web analytics service provided by Google Inc. (“Google”). Google Analytics uses “cookies”, i.e. text files that are stored on your computer, enabling an analysis of how you use the website. The information generated by the cookie about your use of this website is usually transmitted to one of Google's servers in the USA, where it is stored. However, if IP anonymisation is activated on this website, your IP address is abbreviated beforehand within EU Member States or in other states who are party to the Agreement on the European Economic Area. Your full IP address will only be transmitted to a Google server in the USA and abbreviated there in exceptional cases. On behalf of this website operator, Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity and providing other services relating to website and internet usage for the website operator. Google will not associate the IP address transmitted by your browser within the scope of Google Analytics with any other data held by Google. You may prevent the storage of cookies by selecting the appropriate settings in your browser software. However, please note that if you do this, you may not be able to make use of the full functionality of this website. You may also prevent the data generated by the cookie, and related to your usage of the website (including your IP address), being captured and processed by Google by downloading and installing the browser plug-in available via the following link: https://tools.google.com/dlpage/gaoptout?hl=en. In view of the discussion surrounding the use of analytical tools with complete IP addresses, we would like to point out that this website uses Google Analytics with the extension “anonymizeIp()” and that consequently IP addresses are further processed only in an abbreviated form to exclude a direct link to persons.
If you are asked to give personal information, such as name, address or telephone number, this is subject to special provisions. We use this information for Hansgrohe SE's own marketing purposes. Your information is not passed on to third parties. This excludes service providers which act on behalf of Hansgrohe SE as well as third parties such as companies connected with Hansgrohe SE in accordance with Sections 15 onwards of the German Stock Corporation Act. In addition to the information that you provide to us, we use information regarding the way you utilize our site in order to help you find relevant information in the quickest way possible, and in order to continuously optimize our internet site. You may, in accordance with applicable law, write to us at any time to find out whether we have stored any of your personal information, and if so what kind. We will then send you the corresponding information. Please send your requests to our data protection officer. You can also request that your information be changed or deleted.

Links.
Hansgrohe SE's internet site contains links to other websites. Please note that Hansgrohe SE is neither responsible for their data protection nor for the content of these other internet sites.

Security.
Hansgrohe SE employs technical and organizational security measures in order to protect the information you provide to us from incidental or deliberate manipulation, loss, destruction or access by unauthorized persons. Our security measures are continuously adjusted and improved in accordance with the most current state of technology.

Contact person.
If you have any questions, requests, or complaints please contact our company representative for data protection.
Hansgrohe SE, Ingo Lorenz,  Auestr. 5-9 , 77761 Schiltach, e-mail

Scope.
This data protection notice is applicable only to the internet site of Hansgrohe SE.

General Terms and Conditions

 

General Terms and Conditions of Hansgrohe SE

Version: 4 July 2007

I. Area of Application
To the extent not explicitly specified otherwise in writing, these sales terms and delivery conditions of Hansgrohe SE apply to all offers, sales agreements, orders and deliveries which Hansgrohe executes for purchasers. They also apply to future business relationships, even in the absence of an explicit agreement. Any deviating general terms and conditions of the purchaser shall not be accepted even if they are not explicitly objected to.

II. Contract conclusion

  1. Offers from Hansgrohe are subject to change unless expressly designated as binding in the specification of the offer. The contract has only been concluded once Hansgrohe confirms the order to the purchaser in writing.
  2. Hansgrohe will only grant a guarantee if this has been expressly agreed to in the order confirmation or in advertising statements.
  3. Documentation which was handed over by Hansgrohe during the contract initiation, such as images and drawings, and technical statements which were made by Hansgrohe are authoritative; any technical changes or technical improvements or construction changes are permissible if they are fair to the purchaser.

III. Scope of Delivery, Transportation and Passing of the Risk

  1. Delivery ex works is agreed to in principle. At the latest, the risk passes to the purchaser with the shipment of the delivery item from the plant or shipping point. If the shipping is postponed due to the purchaser’s conduct or due to a circumstance beyond Hansgrohe’s control, the risk passes to the purchaser with the notification of readiness for dispatch.
  2. Unless agreed to otherwise, the purchaser must arrange transportation insurance at his own expense on the basis of the general transportation insurance conditions which covers the risk of transport of the goods included in the contract from the shipping point to the agreed destination point.
  3. In the case of agreement of commercial terms, Incoterms apply in their respective valid version. The scope of the delivery is specified in the order confirmation.

IV. Delivery Term and Force Majeure

  1. Delivery terms which are not explicitly specified as binding are non-binding. At the earliest, delivery terms begin once all documentation required for the content determination of the order has been received, if the purchaser is required to provide these documents according to the contract, and upon receipt of the down-payment. A delivery term is considered to have been met if the shipment has been sent or if readiness of the delivery has been communicated within the specified term.
  2. Delivery terms are extended by the duration of the business disruption if circumstances occur which are beyond Hansgrohe's control and which significantly influence the manufacturing or delivery of the item, especially in the case of labour disputes and other circumstances which affect Hansgrohe or sub-suppliers (non-culpable business disruptions). If a required adjustment of the contract due to a non-culpable business disruption is not possible, Hansgrohe shall be released from its performance obligation.
  3. If the delivery term is extended due to the aforementioned circumstances or if Hansgrohe is released from its delivery obligation, the purchaser is not entitled to any liability claims against Hansgrohe. Neither is Hansgrohe liable for any non-culpable business disruptions if they occur during this delay. Hansgrohe is obligated to inform the purchaser of the occurrence of any of the aforementioned circumstances.
  4. To a reasonable extent, Hansgrohe is entitled to issue partial deliveries and invoices prior to the end of the delivery term.
  5. If dispatch or delivery of the item is delayed at the purchaser’s request or due to circumstances which are the risk and responsibility of the purchaser, the purchaser shall reimburse Hansgrohe for storage costs and interest payments on capital involved in the provision of the delivery item. In the event of storage by Hansgrohe, Hansgrohe is entitled to claim at least 0.5 % of the outstanding invoiced amount for each outstanding month, beginning one month after notification of readiness for dispatch; proof of lesser damages remains possible. However, upon the expiry of specified reasonable term, Hansgrohe is entitled to dispose of the delivery item otherwise and to provide the purchaser with a replacement delivery after a reasonably extended period of time.

V. Prices

  1. The prices which apply to deliveries are those which have been communicated in the price list, which is valid at the point in time that has been specified by the purchaser as the delivery date. All prices are quoted ex works/shipping point. If not otherwise specified, all prices are quoted in euros and do not include transportation, insurance and installation and instruction costs if applicable or the effective amount of value added tax.
  2. Hansgrohe reserves the right to increase prices to a reasonable extent if after contract conclusion cost increases occur, especially due to tariff agreements, market cost prices or material price increases. Evidence of these will be shown to the purchaser upon request.
  3. For order values below EUR 50 Hansgrohe will charge a surcharge of EUR 10 for small quantities. Purchase quantities which are smaller than the specified packaging units will be processed with a 10% surcharge to the net amount for the goods.

VI. Payment and arrears

  1. Payments are to be made to Hansgrohe without any deductions, as specified in the invoice, immediately upon receipt. Hansgrohe explicitly accepts cheques on a reserve basis. Cheques are only accepted as promise of payment and will only become effective as payment once cashed. All payments shall be made exempt from charges. For cheques, the purchaser shall bear the bank discount and collection charges and other bank charges, even if not explicitly agreed. Payments shall be credited to costs first, then to interest and subsequently to the oldest main principal claim.
  2. If in arrears, default interest at the legally valid rate (minimum 9% annually) will be charged; proof of lesser damages is possible to the amount of the statutory interest rate.
  3. The purchaser is only entitled to offsetting and retention rights against the claims of Hansgrohe if the counterclaim is undisputed and has been determined to be legally binding.
  4. Any assignment of claims requires Hansgrohe’s consent.
  5. If it is determined after contract conclusion or after delivery of the goods that the purchaser is not or no longer creditworthy, e.g. if enforcement measures have been instituted against the purchaser or if any other capital deterioration occurs, Hansgrohe can immediately assert claims which are not yet due or claims for which a cheque had been provided. In these cases and in cases where due invoices have not been paid despite a reminder, Hansgrohe can demand advance payment or a collateral security for future deliveries and declare that a delivery will only be carried out based on cash payment on delivery. If a purchaser does not meet this demand, Hansgrohe is entitled to withdraw from the contract or to request immediate payment for delivered goods. In the case of withdrawal, the purchaser must compensate Hansgrohe for all costs incurred up until the time of withdrawal, including lost profit.

VII. Retention of title

  1. Hansgrohe retains ownership of the delivered item until all claims which have been incurred from the business relationship with the purchaser at the time of contract conclusion, including all claims at this point in time which have been incurred from follow-on orders, repeat orders or spare parts orders have been settled. If the value of all security rights which Hansgrohe is entitled to exceed the amount of all secured claims by more than 20%, Hansgrohe will release an equivalent part of the security interests at the purchaser's request.
  2. In the case of any purchaser conduct contrary to contract, in particular delayed payment, Hansgrohe is entitled to reclaim the delivery. Reclamation or garnishment of the delivery by Hansgrohe does not constitute a withdrawal from the contract, unless Hansgrohe confirms this expressly in writing. Hansgrohe is entitled to liquidation and the amount realized from the sale is to be offset against the purchaser’s liabilities, with reasonable liquidation costs deducted. The purchaser is obligated to take good care of the delivery. In particular, the purchaser is obligated to insure the goods against damages resulting from fire, water, storm, burglary and theft at the replacement value. Security entitlements which incur in the case of damages are to be transferred to Hansgrohe. To the extent that maintenance and inspection work becomes necessary, the purchaser must perform such work in a timely manner at his own expense.
  3. The purchaser may neither pledge nor transfer delivery items as a security. The purchaser must inform Hansgrohe immediately in the case of garnishments or other third party interference so that Hansgrohe can file third party interference proceedings and the purchaser must provide Hansgrohe with any information and documentation which is required to protect the rights of Hansgrohe. Executory officers or third parties must be informed about Hansgrohe’s ownership. If third parties are not able to reimburse Hansgrohe with the court and out-of-court costs of third party interference proceedings, the purchaser is liable to pay Hansgrohe the incurred loss, subject to asserting additional claims due to damage, change or destruction of the item itself.
  4. The purchaser may sell the item(s) of sale in the normal course of business or process them. The purchaser hereby assigns all claims to Hansgrohe which the purchaser gains from the sale to his buyers or third parties, in the amount of the final invoice amount including VAT, irrespective of whether the items were sold without or after processing. Hansgrohe accepts the assignment. In the case of an open account relationship between the purchaser and his buyers, the claim which is assigned to Hansgrohe by the purchaser in advance also refers to the accepted account balance and, in the case of the purchaser’s insolvency, also to the existing “causal” balance. The purchaser may collect the claims even after the assignment. The right to collect this claim directly shall not be affected. Hansgrohe will not collect the claim itself as long as the purchaser meets his payment obligations from the received proceeds, does not delay payments, and no insolvency proceedings have been filed.
  5. The purchaser shall be obligated to provide Hansgrohe, upon request, with a detailed listing of the claims to which Hansgrohe is entitled including the name and address of the buyers, the amount of the individual claims, the invoice dates, etc.; to provide Hansgrohe with all the required information to enable the assertion of the assigned claim; to allow verification of this information; and to disclose the assignment to the buyers.
  6. At this time, the purchaser declares his consent that the individuals commissioned by Hansgrohe to collect the conditional goods may, for this purpose, enter the building or drive onto the property where the conditional goods are located in order to pick up the conditional goods.
  7. Processing or alteration of the delivery item by the purchaser is always performed for Hansgrohe. If the item is processed with other items that are not the property of Hansgrohe, Hansgrohe acquires co-ownership of the new item in the ratio of the value of the delivery item to the other processed items at the time of the processing. For the item produced as a result of this processing, the same applies as to the item delivered under reserve. If the processing, mixing or combination is carried out in a way that the purchaser’s item is to be considered as the main item, it is considered as agreed that the purchaser assigns proportional co-ownership. The purchaser shall store the resulting sole ownership or co-ownership item for Hansgrohe.

VIII. Claims of Defect – Period of Limitation

  1. Claims of defect by the purchaser require that the purchaser has duly met the legal inspection and reprimand liabilities.
  2. If a delivery item is deficient, the purchaser is entitled to the following rights:
    a) Hansgrohe is obligated to provide subsequent performance and shall provide it at its own discretion by correcting the deficiency during the course of subsequent improvement or by delivering an item which is free of defects.
    b) The period of limitation for claims of defect is one year from the time of delivery. Any deficiencies in the delivered goods are to be communicated immediately to Hansgrohe by the purchaser. Replaced parts become Hansgrohe’s property. The legal period of limitation for structures and items for structures (Section 438, para. 1 no. 2 BGB (German Civil Code) and for recourse from the supplier (Sections 478, 479 BGB (German Civil Code) shall not be affected.
    c) If the improvement fails, the purchaser is entitled to withdraw from the contract or to decrease the purchase price. Withdrawal is exempted if the liability breach of Hansgrohe is only insignificant.
    d) After coordination with Hansgrohe, the purchaser must provide Hansgrohe with the required time and opportunity to carry out any subsequent improvements and replacement deliveries which Hansgrohe deems necessary. Otherwise, Hansgrohe is released from the liability for any resulting consequences. If the purchaser requests the rush deployment of a technician due to company reasons, thereby incurring additional costs for Hansgrohe, or if the purchaser requests the performance of work outside regular working hours, the purchaser must bear the resulting additional costs e.g. overtime premiums, longer transportation routes).
    e) Warranty is provided for replacements and improvements to the same extent as for the original delivery item, but with the same expiry date as the warranty period of the original delivery item.
  3. Damages resulting from wear and tear, inappropriate or improper use, faulty installation or startup by the purchaser or third parties, faulty or negligent treatment, excessive stress, inappropriate equipment or chemical, electrochemical or electrical influences, as far as those were no fault of Hansgrohe’s, are the sole responsibility of the purchaser.

IX. Returns
Return of goods delivered by Hansgrohe is, in principal, never accepted unless they are proven to be deficient. Should Hansgrohe agree in an individual case, subsequent to prior written agreement, to accept a return as an exception, a processing fee of 25% of the net value of the returned goods plus VAT will be charged. The transportation risk and transportation costs will be borne by the ordering party.

X. Compensation Liability

  1. In cases of injuries to life, body or health which are based on a negligent breach of duty by Hansgrohe or a wilful or negligent breach of duty by one of its legal representatives or auxiliary persons, Hansgrohe is liable according to the legal provisions.
  2. For other damages, the following applies:
    a) For damages which are based on a grossly negligent breach of duty by Hansgrohe or a wilful or grossly negligent breach of duty by one of its legal representatives or auxiliary persons, Hansgrohe is liable according to the legal provisions.
    b) For damages which are based on a violation of essential contractual obligations due to simple negligence by Hansgrohe, its legal representatives or auxiliary persons, Hansgrohe’s liability is limited to the foreseeable loss typical for this type of contract up to the maximum of the value of the delivery item.
    c) Indemnity claims for other damages due to breaching secondary obligations or non-essential obligations are exempted in cases of simple negligence.
    d) Indemnity claims from delays which are based on simple negligence are exempted; the legal rights of the purchaser subsequent to expiry of a reasonable extension of time shall remain unaffected.
  3. Liability disclaimers or restrictions do not apply if Hansgrohe fraudulently concealed a deficiency or provided a guarantee for the condition of the item.
  4. The purchaser’s entitlement for replacement of unsuccessful expenses for the indemnity claim instead of the performance shall remain unaffected.

XI. Liability for Indirect Damages
Hansgrohe is not liable for indirect damages resulting from a deficient delivery, e.g. loss of production, lost profit and additional consumption, except in cases of intent or gross negligence.

XII. Cancellation of the Sales Agreement

  1. If the sales agreement is cancelled (e.g. due to the withdrawal of one of the contracting parties), the purchaser is obligated to return the delivery item to Hansgrohe as advance performance, without prejudice to other transactions in accordance with the following paragraphs. Hansgrohe is entitled to have the delivery item picked up from the purchaser’s premises.
  2. Furthermore, Hansgrohe is entitled to request reasonable compensation from the purchaser for the deterioration or the destruction of the delivery item or for any event that occurred or is occurring within the area of risk or responsibility of the purchaser for any other reason that is preventing the return of the delivery item.
  3. In addition, Hansgrohe can request compensation for the utilisation or the use of the delivery item if the value of the delivery item has decreased between the conclusion of its installation and the complete, immediate repossession by Hansgrohe. This decrease in value is calculated on the basis of the difference of the total price according to the order and the current market value as determined by sales proceeds or if sale is not possible, by an estimate from an independent sworn expert.

XIII. Assignment
The assignment of purchaser’s rights and/or transfer of purchaser’s liabilities under the contract is not allowed without the written consent by Hansgrohe..

XIV. Export Control Provisions
The delivery items may be subject to the export control provisions of the Federal Republic of Germany, the European Union, the United States of America or other countries. In the case of a later oversees export of the delivery item the purchaser is responsible for the compliance with applicable legal provisions.

XV. Place of Performance, Place of Jurisdiction and Applicable Law

  1. For deliveries and performances, the place of fulfillment is the location at which the delivery is carried out or where the performance is to be carried out. For all other liabilities resulting from the contract the place of fulfilment is the shipping point.
  2. As far as the above conditions do not include a concluding regulation, German law, excluding the UN Sales Convention, applies.
  3. For contracts with purchasers based in a member state of the European Union, Stuttgart (Germany) is agreed to as the exclusive place of jurisdiction. For contracts with purchasers based outside the European Union, all disputes which cannot be settled amicably will be decided conclusively according to the arbitrary court regulation of the German Institution for Arbitration (DIS), Bonn, Germany, excluding the regular legal process. The court of arbitration can also reach a decision on the validity of this arbitrary agreement.

XVI. Collateral Verbal Agreements, Partial Invalidity

  1. Any agreements that have been reached between Hansgrohe and the purchaser concerning the fulfillment of this contract are specified in writing in this contract. Verbal collateral agreements do not exist.
  2. Should any provision be or become invalid in whole or in part, the validity of the remaining contract shall not be affected.

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