Terms of service

General Terms and Conditions

1 General - Scope
The following General Terms and Conditions (GTC) apply to all business relationships between horntools GmbH and its subsidiaries and affiliates – hereinafter referred to as "horntools" – and the customer (hereinafter referred to as "Customer"). The version of the GTC valid at the time of conclusion of the contract shall prevail.
Consumers are consumers within the meaning of the Austrian Consumer Protection Act (KSchG) and thus natural or legal persons who are not entrepreneurs. Entrepreneurs are natural or legal persons or partnerships with legal capacity for whom this contract is part of the operation of their business. Companies are any long-term organization engaged in independent economic activity, even if they are not profit-oriented. Customers are both consumers and entrepreneurs.
Deviating, conflicting, or supplementary general terms and conditions, even if known, shall not become part of the contract unless their validity is expressly agreed to in writing.
By placing a binding order in the online shop, the customer expressly agrees to the General Terms and Conditions, which thus become part of the contract.

2 Conclusion of the Contract
Our offers are subject to change and non-binding. Technical and other changes are reserved within reasonable limits.
By placing an order, the customer declares their binding contractual offer and their legal age. Receipt of the customer's order will be confirmed electronically. The confirmation of receipt does not constitute a binding acceptance of the order. The confirmation of receipt only constitutes a declaration of acceptance if this is expressly stated.
horntools is entitled to accept the order within three business days of receipt. horntools is entitled to reject the order – for example, after checking the customer's creditworthiness – within three business days. The customer will be notified of this within three business days. horntools is also entitled to limit the order to a normal household quantity.
The contract text will be saved by horntools and sent to the customer, along with the legally incorporated General Terms and Conditions, by email after the contract has been concluded.
The customer can only place an order after fully entering all the information required to complete the purchase (name, address, etc.).
Adjustments and updates to the offer in the horntools webshop (this includes, among others, the following internet domains: horntools.com; www.horntools.ch; www.horntools.de; www.horntools.at), on Amazon, and other platforms may temporarily result in incorrect information and prices.
In the event of typographical or calculation errors in the horntools webshop, on Amazon, and other platforms, horntools is entitled to withdraw from the contract without the customer having any claims arising from this. In the event of unavailability of the goods, horntools reserves the right not to provide the promised service. Any payments made will be refunded in this case.
In the event of even partial default in payment, horntools is entitled to collect the goods without the buyer's consent.

3 Contract Language
Without exceptions, only German is permitted as the contract language.

4 Retention of Title
horntools reserves ownership of the goods until the purchase price has been paid in full.
horntools is entitled to withdraw from the contract in the event of a breach of contract by the customer, in particular in the event of late payment.
Resale of unpaid goods by the customer is only permitted if horntools has been notified of this in advance, stating the buyer's exact company name and address, and if horntools has consented to the sale in writing. In the event of consent, the purchase price claim shall be deemed assigned to horntools, and horntools is authorized to notify the third-party debtor of this assignment.

Prepayment generally applies for purchases on Amazon and other platforms.

5 Right of Withdrawal/Cancellation
Please follow this link: https://www.horntools.com/en/policies/refund-policy

6 Remuneration
Prices are subject to change and are in euros, plus statutory VAT, if applicable. horntools GmbH reserves the right to change prices, particularly if general price and wage increases or increases in public taxes occur after the purchase is completed.
The prices offered in the horntools webshop, on Amazon, and other platforms are current prices and are valid until further notice. For mail-order purchases, the price excludes the shipping costs specified in the respective order. The price must be paid by the customer by credit card, Klarna, PayPal, eps transfer, or prepayment. horntools reserves the right to exclude certain payment methods. Special conditions must be regulated by a supplementary agreement in the form of a contract.
If the customer chooses bank transfer as the payment method, payment must be made within three business days of receiving the order confirmation. The payment date is exclusively the date the bank credit is posted to horntools' account. Bills of exchange are not accepted. After this period, the customer is in default of payment. The customer undertakes to pay the agreed price no later than the date stated in the invoice. The payment deadlines printed on the invoice apply. After this deadline, the customer is in default of payment.
The customer, whether a private or business customer, is liable to pay interest on the entire monetary debt at a rate of 5 percentage points above the base interest rate during the period of default.
In the event of default by the customer, horntools is entitled to offset any partial payments already made by the customer against the claim ad libitum, regardless of the customer's declaration of dedication. If the customer defaults on even just one payment or partial payment, or if there is a significant deterioration in their financial situation, horntools is entitled to demand immediate payment of the claims, even if horntools has agreed to a deferral, to withdraw from contracts that have not yet been fulfilled or are only partially fulfilled, and to terminate continuing obligations with immediate effect. In this case, horntools is entitled to demand the return of any goods already delivered. Regardless of the reason for the reversal and regardless of the fault of either party, horntools is entitled to demand a usage fee of 90% of the original purchase price. Offsetting against any existing counterclaims by the customer is not permitted.
The customer agrees to bear all costs and expenses associated with the collection of the claim, including, in particular, collection fees or other costs necessary for appropriate legal action. Any costs also include reminder fees amounting to 0.5% of the reminder amount, but not less than EUR 5 and not more than EUR 150.
Any export or import duties incurred during shipping shall be borne by the customer, who can obtain information about this in advance from the relevant regional customs office.
If the customer is in default of acceptance, the risk of accidental loss or accidental deterioration of the item shall pass to the customer. The customer is in default of acceptance if they fail to accept the proper service offered to them.
The granting of discounts, discount structures, and price reductions is the exclusive responsibility of horntools and may be changed or revoked by horntools at any time.

7 Delivery
Delivery will be made by a shipping method and company selected by horntools. Horntools' shipping terms and conditions apply.
The risk of accidental loss and accidental deterioration of the goods passes to the customer upon handover of the goods to the freight forwarder, carrier, or other person or institution designated to carry out the shipment (does not apply to consumers).
For products in stock, delivery generally takes place within 2-3 business days of order confirmation (for consumers, upon receipt of payment), but in any case within the statutory delivery period of 30 days from the order date, unless a different period is stated in the product description of the respective product or horntools has communicated a different delivery date to the customer in advance. If a delivery is not received by the customer within the above-mentioned period, the customer must inform horntools. If the customer agrees to a later delivery, horntools will arrange this; otherwise, the customer is entitled to withdraw from the contract.
Shipping costs are listed in the horntools online shop, on Amazon, and other platforms.

The customer may refuse delivery – especially for freight forwarding goods – if the goods or packaging arrive damaged. Should the customer accept the goods anyway, claims for transport damage cannot be filed later, and horntools GmbH cannot claim damages from the freight forwarding company in such a case.

8 Warranty/Guarantee
The customer generally has the choice of whether to have the goods repaired or replaced. horntools is entitled to refuse the chosen remedy if this is impossible or – compared to the other remedy – involves disproportionately high expenditure. For businesses, horntools will initially provide a warranty for defects in the goods at its own discretion, either by repairing or replacing the goods. The customer shall bear any associated shipping costs.
If a repair is not possible or feasible, the customer may, at their discretion, request a price reduction or, if the defect is not merely minor, rescission of the contract.
Businesses must inspect the delivered goods for defects within three days of delivery and notify horntools of any defects in writing within one week of receipt of the goods. Otherwise, the assertion of a warranty claim is excluded. Hidden defects must be notified 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 requirements for a claim, in particular for the defect itself, the time of discovery of the defect, and the timeliness of the notification of defects. Damage caused to the customer or a third party due to wear and tear or external influences unusual for the product are excluded from the warranty period. horntools is also exempt from its warranty period if the customer or third parties have made modifications, modifications, or attempts to remedy defects to the delivered goods.
The warranty period for consumers is 2 years from delivery of the goods. The warranty period for entrepreneurs is 1 year from delivery of the goods. The entrepreneur waives his rights of recourse under Sections 445a et seq. of the German Civil Code (BGB) and in return receives a 2% discount on all purchases; this discount is already deducted from the sales price.
Defects in part of the delivered goods do not entitle the customer to complain about the entire delivery.
horntools provides warranties to consumers for the following product groups:

Roof tents: 5 years

Roof racks: 5 years

Cable winches: 5 years

All other products: 2 years

Should any of the products in the product categories listed above exhibit defects during the warranty period, the customer generally has the choice of whether to have the product repaired or replaced. horntools is entitled to refuse the chosen remedy if this is impossible or – compared to the other remedy – involves disproportionately high costs. For businesses, horntools will initially provide a warranty for defects in the goods, at its own discretion, through repair, replacement, or exchange. The warranty takes effect on the invoice date. horntools reserves the right to amend the warranty terms at any time with future effect.

The prerequisite for granting the full warranty is that the products are operated in accordance with the operating instructions, in compliance with the applicable legal recommendations, and that they are regularly maintained and inspected by a horntools-authorized dealer.

Transferability of the warranty
The warranty applies exclusively to the original purchaser and expires upon resale of the product.
It is not transferable to third parties.
Statutory warranty rights remain unaffected.

Packaging and transport costs for the warranty are to be borne by the customer and are not covered by the warranty.

Limitation of Warranty
Non-reproducible parts subject to mechanical aging or natural wear and tear are excluded from the warranty (e.g., connecting and extension cables, power and control cables, plugs, solenoid valves, wheels, etc.).
Exclusion of Warranty
A warranty claim is void in the following cases:
if the products are not operated with original accessories and/or original spare parts.
if interventions are carried out by persons not authorized by horntools.
if the products are subject to excessive stress.
if they are not used as intended.
if they are subject to improper modifications and/or repairs.
if products are partially or completely disassembled.
for products that have been damaged due to accident, misuse, improper operation, incorrect installation, malfunctions or defects in the power supply, carelessness, the use of force, disregard of specifications and operating instructions, inadequate maintenance, damage caused by external influences, natural disasters, or personal misfortune.

for products that have not been properly and regularly maintained.

for products that have not been properly and regularly inspected.

Warranty Claims
If you wish to claim under the warranty, please contact us in writing at

horntools GmbH
Wallenmahd 23
6850 Dornbirn
Austria

or by email at: info@horntools.com

To assert your warranty, you must present the original invoice issued by horntools.
Upon our request, the product must be returned to us immediately at the buyer's risk and expense. Replaced products become the property of horntools. Exchange or repair does not extend the warranty period. There is no entitlement to a loaner or replacement product during the repair or replacement period.
General
This information applies without prejudice to statutory warranty claims and is based on our General Terms and Conditions and our warranty policy. Any additional agreements must be confirmed in writing by horntools.
There is no entitlement to an extension of the warranty.
9 Right of Return for Private Customers (hereinafter "Consumers")
The consumer has the right to withdraw from the purchase and hand over the goods to horntools within 14 days. This period applies from the date of delivery of the goods to the consumer. However, only goods can be returned, and thus the purchase can only be withdrawn, if the goods are returned in their original packaging and show no signs of use or alterations. The consumer shall bear the entire cost of packaging and return shipping.

10 Limitations and Indemnification of Liability
Outside the scope of the Product Liability Act, horntools' liability is limited to intent or gross negligence. Liability for slight negligence, compensation for consequential damages and financial losses, lost savings, loss of interest, and damages resulting from third-party claims against the customer are excluded. horntools cannot be held liable for improper handling or failure to follow the supplied operating instructions. To carry out the services required to remedy the defect, the customer must return the goods to horntools, provided horntools agrees to this.

horntools assumes no liability for correct advice, description, application, and use of the goods. Rather, the customer, purchaser, and user of the goods must ensure that the goods are suitable for their intended purpose.

horntools is only liable for its own content on the horntools webshop. To the extent that horntools provides access to other websites via links, it assumes no responsibility for the third-party content contained therein. horntools does not adopt such third-party content as its own. If horntools becomes aware of illegal content on external websites, access to these sites will be blocked immediately.

11 Packaging and Electrical Equipment Regulations/Notes
To consumers:

The customer is asked to dispose of the packaging at suitable local recycling centers. horntools has licensed this packaging and pays contributions to the system participants for its disposal/recycling. With the help of packaging laws and regulations, customers and horntools can jointly avoid or reduce the impact of packaging waste on the environment.

horntools cannot accept old electrical devices (the take-back obligation only applies to larger retail spaces). horntools therefore asks customers to dispose of old devices at a suitable recycling center nearby so that the devices can be recycled. Customers are asked to pay attention to any removal of batteries and rechargeable batteries and to dispose of them separately in the battery recycling system.

For businesses:

If horntools is obligated to take back packaging material (especially transport packaging) due to the Packaging Ordinance, the business owner must return the relevant material to horntools at their own expense and risk. The business owner is responsible for licensing any packaging that a business forwards.

If goods are delivered on Euro pallets, at least the same number of Euro pallets in the same or better condition and of the same size must be returned to the freight forwarder immediately upon delivery.

12 Copyright
All messages, graphics, and the design of the horntools webshop, on Amazon, and other platforms are provided solely for customer information. Use is at your own risk. All data in the horntools webshop is protected under Sections 4 and 87 a et seq. of the German Copyright Act. The product images shown are only symbolic images and may therefore differ from the actual product.

The reproduction, copying, and printing of the entire website is permitted only for the purpose of placing an order with horntools. Any further processing, duplication, distribution, and/or public reproduction exceeds normal use and constitutes a violation of copyright.

13 Data Protection
Please follow this link: https://www.horntools.com/en/policies/privacy-policy

14 Final Provisions
Austrian law applies. The provisions of the UN Convention on Contracts for the International Sale of Goods do not apply. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has their habitual residence.
The place of jurisdiction for all disputes arising directly or indirectly from this contract shall be the Austrian court with local and subject-matter jurisdiction for the registered office of horntools. If the customer is a consumer, this place of jurisdiction shall only be deemed agreed if the customer has their domicile, habitual residence, or place of employment within this jurisdiction, or if the customer lives abroad.
Should individual provisions of the contract with the customer, including these General Terms and Conditions, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a provision whose economic effect comes as close as possible to that of the invalid one.