Section 1 Scope

1. The following terms and conditions apply to all business relationships between us and the customer. The relevant version is valid at the time of conclusion.

2. Consumers within the meaning of these business relationships are natural persons with which we do business, without an independent or a commercial activity.

3. Entrepreneurs within the meaning of these terms and conditions are natural or legal persons or legal partnerships doing business and the exercise of their commercial or self-employment.

4. Customers within the meaning of these terms and conditions are both consumers and entrepreneurs.

5. Dissenting, conflicting or additional Terms and Conditions, even with knowledge, are not part of the contract, unless their validity is expressly confirmed by written.

6. Please notice that the use of the HAKO.NET online-marketplace as seller or buyer as well as the resulting business connections between a buyer and an external seller are subject to the separate Conditions of Participation of the HAKO.NET marketplace.

By clicking the “Submit” button when registering as participant, you both accept the General Terms and Conditions of HAKO.NET as well as the Conditions of Participation of the HAKO.NET marketplace (including the Privacy Statement).

Section 2 Conclusion

1. The conditions of our offers (www.hako.net / www.japanautoteile.de) are free-permanent and non-binding. Our presentation on the Internet is not an offer, but a non-binding request to the customer to us on their behalf.

2. With the commissioning of the product the customer gives us a binding contract offer.

3. We will confirm the order immediately. The first confirmation E-Mail is not a binding acceptance of the contract. It is only a declaration of acceptance, if we declare it clearly.

The order by phone is not binding.

4. We are entitled to accept the contract offer within two weeks. For electronically orders, we are entitled to accept contract within 3 working days after receipt.

We are entitled to reject the contract offer - for example, after examining the creditworthiness of the customer.

5. If the customer orders on our website, the treaty text is saved and the customer receives legal terms and all information by e-mail.

6. If the sale is done with EBay, please refer to the EBay conditions for the conclusion of contract (§§ 9-11).

Section 3 Prices

1. The offered price is binding. The price includes the statutory sales tax if the contract is done with a consumer. In legal transactions with an entrepreneur the price is a net price plus an surplus of the applicable sales tax.

The customer can pay cash, with bank transfer, paypal or credit. We reserve the right to exclude certain payment methods.

When dispatching products the purchase price increases due to shipping charges. For shipping charges please check the respective offer.

2. The customer is committed to pay 10 days after payment is due, at the latest. After this deadline, the customer payment is overdue.

The consumer with overdue payment must pay the amount of 5 percentage points above the base interest rate for the time of overdue.

The entrepreneur during must pay a rate of 8 percentage points above the base interest rate for the time overdue. Compared with entrepreneurs we reserve the right to a higher default interest and damage claims.

3. The customer has the right to claim charges only if the claims are confirmed by jurisdiction or recognized by us.

The customer may re-charge only if his counter-claim is based on the same contractual relationship.

Section 4 withdrawal

1. Revocation notice
You can cancel your contract within two weeks without giving reasons in writing (eg letter, fax, e-mail) or - if the goods before the deadline - by returning the goods. The time limit begins after receipt of this notification in writing, but not before receipt of the goods by the recipient, in the case of recurring supply of similar goods not before the first delivery and not before we fulfill our obligations under Article 246 § 2 in connection with § 1 para 1 and two draft Law and the requirements pursuant to § 312 e para 1, paragraph 1 BGB in conjunction with Article 246 § 3 EGBGB. To comply with the revocation period it is sufficient to send the revocation or item.

The revocation must be sent to:

HAKO JapanAutoTeile
Hans Koslowsky
Lilienthalstr. 4
D-89231 Neu-Ulm
Fax: +49 (0) 731 9770225
E-mail: hako@japanautoteile.de

2. Consequences of revocation
In the case of an effective cancellation the mutually received benefits and any benefits (eg interest) must be returned. Can you give us the item received whole or in part, or only in deteriorated condition, you must pay us compensation for the value. With the deliver of items this does not apply if the deterioration of the case solely for test purposes - as it would have been possible in a store - is due. In addition, you can avoid the obligation to pay compensation for a purpose by putting the item as provided by the goods as your property and everything that could reduce its value. Package are to be returned at our risk. You have to bear the cost of return if the delivered goods ordered and if the price of the returned goods does not exceed the amount of 40 € or if you are at a higher price the thing at the time of the revocation yet the return or a contractually have agreed partial payment provided. Otherwise, the return is free for you. Items that can no be send as a parcel will be picked up by us. Obligations to reimburse payments must be made within 30 days. The period begins with the sending of your cancellation or the goods, for us, with their reception. If food or dietary supplements sent, they must not be opened. The opening of the Product will be an adoption.

Section 5 transfer of risk

1. For consumers, the risk of accidental loss and accidental deterioration of the goods are transferred to the consumer with the transfer of goods to the consumer.

For entrepreneurs, the risk of accidental loss and accidental deterioration of the goods are transferred with the handover, or if products are dispatched with the handover of the goods to the shipper, carrier or other specific person or institution.

2. If the customer receipt is overdue, this is considered as handover as well.

Section 6 Warranty

1. Consumers have the choice whether to repair or replace the product. We are entitled to change the type of supplementary performance; if the consumer’s choice is only possible at disproportionate cost and the other type of performance is without significant disadvantages for consumers.

For entrepreneurs, we are entitled to choose to repair or to replace the product.

2. If the supplementary performance fails, the customer can demand to reduce purchase price (reduction) or rescission of the contract (resignation) as well as indemnification. With only minor deficiencies, the customer has not such a right. If the customer demands indemnification, the liability restriction rules according to § 7 of our terms and conditions shall apply.

3. Consumers have to notify us of obvious defects within 2 months after receipt in writing; otherwise the assertion of the Warranty is not valid.

Entrepreneurs have to inspect delivered goods immediately to quality and quantity deviations and obvious defects have to be claimed within a period of one week after receipt of the goods in writing, otherwise the assertion of the warranty claim is not valid. Hidden defects have to be communicated to us within a period of one week from discovery in writing. The entrepreneur must proof all conditions of eligibility, especially for the defect itself, the date of adoption of the defect and the timeliness of defects notification.

4. For consumers, the warranty period is two years from delivery of the goods or services or acceptance.

For entrepreneurs, the warranty period is one year after delivery of the goods or services or from acceptance.

In the case of used products, the warranty period is one year after delivery of the goods. The one-year warranty period does not apply if we are guilty of serious misconduct and this attributes to body and health damage and loss of life of the customer. Our liability according to the product reliability law remains unaffected.

5. We give to our customers no extended guarantees in the legal sense.

Section 7 liability limitations

1. En caso de incumplimientos ligeros de las obligaciones of our company and of our agents is restricted to the predictable, typical, average direct damage.

Our company and our agents are not liable for easily negligent breach of duty of non-contractual obligations, whose damages do not jeopardize the treaty. The above liability limitations do not affect claims by the customers from product liability or warranty. These limitations also are not valid for body and health damage or loss of life of the customer that can be attributed to us.

Section 8 retention of title

1. For consumers, we retain the ownership of the goods and benefits until full payment of the purchase price.

For entrepreneurs, we retain the ownership of the goods and benefits until the complete settlement of all claims arising from an ongoing business relationship. If the value of goods subject for securing claims arising from the ongoing business relationship exceed 50%, we must release the reserved goods at the request of the entrepreneur.

2. The customer is obligated to handle the goods and services with care during the existence of ownership. If maintenance and inspection work is required, the customer has to perform this at his own cost.

The customer has to immediately inform us in writing from all third-party access to the goods and services, in particular of enforcement measures, and any damage or destruction of goods and services. The customer may no third party ownership allow ownership of the objects delivered or services.

The customer must compensate us all damages and costs that are caused by an infringement against these commitments and also, if necessary, the measures against intervention that third parties may not get possession of the goods.

3. We are entitled in breach of contract by the customers, especially in payment delays, of rescission of the contract and demand the goods or terminate our services. In addition, we are entitled, in breach of an obligation mentioned in paragraph 2 of rescission of the contract and the termination of our services if continuing with the contract is no longer reasonable.

Section 9 Privacy Statement

1. With our "Privacy Information" we inform the customer

• the nature, scope, duration and purpose of the collection, processing and use of personal data, which is necessary for the execution of orders and billing;
• his right to object the use of his anonymous profile for the purposes of advertising, market research and for customized offers;
• the transfer of data to instructed companies by us which comply with the statutory data-protection regulations required for the purposes and for the duration of the credit investigation or the dispatch of the goods;
• the right to free information about the personal data which is stored in our database;

2. The collection, processing and use of personal data for advertising purposes requires the consent of the customer. The customer has the option to subscribe to this service before placing order. The customer has the right to object his decision at any time in the future.

Section 10 Final Provisions

1. German laws apply for the contract. If the customer is a consumer, this choice of law may not be applied, if the contract is not for professional or commercial purposes, and if the State in which the consumer has his habitual residence withdraws this choice by protection laws.

The regulations of the CISG do not apply.

2. If the customer is a businessman, legal person of public law or public law special assets, our place of business is exclusive jurisdiction for all disputes arising from this contract. The same applies if the customer does not have my general jurisdiction in Germany or domicile or habitual residence at the time of bringing an action is not known.