I. Terms and Conditions

§1 Basic Provisions

(1) The following Terms and Conditions apply to all contracts that you enter into with us as the Supplier (H + H Kältetechnik GmbH) via the Website https://frigopartners.com/ or on the Basis of an offer submitted by us in writing. Unless otherwise agreed, we do not accept the inclusion of any Terms and Conditions of your own that you may use.

(2) For the purposes of the provisions set out below, a ‘Consumer’ is any natural person who enters into a legal transaction for purposes which are predominantly neither Commercial nor related to their Self-Employed professional activity. A ‘Business Operator’ is any natural or legal Person, or a partnership with legal Capacity, which, when entering into a legal Transaction, is acting in the course of its Self-Employed Professional or Commercial activity.

(3) In relation to business Customers, these Terms and Conditions shall also apply to all future Transactions, without us having to refer to them again in each individual case.

§2 Conclusion of the Contract

(1) The Subject matter of the Contract is the sale of Goods.

(2) The Presentation of the Products in our Online Shop does not constitute a legally binding offer, but rather an Invitation to you to make an offer to us.

(3) The Contract is concluded via the Online Shopping basket system as follows: The goods you intend to purchase are placed in the ‘Shopping Basket’. You can access the ‘Shopping Basket’ via the relevant button in the navigation bar and make changes there at any time. After clicking the ‘Checkout’ or ‘Proceed to Order’ button (or similar label) and entering your personal details as well as the Payment and Delivery Terms, the Order details will be displayed to you in an Order Summary. Before submitting the Order, you have the option to check the details in the Order Summary once more, make changes (including via your web browser’s ‘Back’ function) or Cancel the Order. By submitting the Order via the ‘Place Order’ button (or similar label), you are making a binding offer to conclude a Contract of Sale.

(4) We will confirm receipt of your Order immediately by means of an automatically generated Email. This Confirmation of receipt does not yet constitute Acceptance of your offer. The contract is concluded when we accept your offer within five days of receiving it by means of an Order Confirmation in Writing (e.g. by Email) or by dispatching the Goods you have ordered to you. However, if you choose a payment method whereby payment is made immediately upon placing the order (e.g. PayPal, Amazon Pay, Credit Card, Sofortüberweisung), the contract is concluded as soon as we receive Confirmation of your Payment Instruction, notwithstanding the above.

(5) Enquiries you make regarding the Preparation of a Quotation outside the Online Shopping Basket System are non-binding. We will provide you with a binding Quotation in Writing (e.g. by Email), which you may accept within five Days (unless a different deadline is specified in the Quotation in Question). The prices stated in the Quotation are valid only if the quotation is accepted within this Period.

(6) The processing of your Order and the Transmission of all information required in connection with the conclusion of the contract are carried out partly automatically via Email. You must therefore ensure that the Email Address you have provided to us is correct, that you are Technically able to receive Emails, and, in Particular, that they are not blocked by Spam Filters.

§3 Prices, Payment, Set-Off

(1) The prices displayed to Consumers are total Prices and include statutory VAT. If you are Registered as a Business in your Customer Account, you will be shown Net Prices; statutory VAT will be shown separately during the Ordering Process and on the Invoice. Delivery charges are charged in addition and shown separately during the Ordering Process, unless Free Delivery has been confirmed.

(2) Unless otherwise specified for a particular Payment Method, Payment claims arising from the contract entered into are due immediately. In the case of Payment on Account, the Invoice amount is payable in full within 10 Days of the Invoice Date. In the event of late Payment, the statutory provisions shall apply.

(3) Credit Check: Where we make an advance Payment, e.g. in the Case of Payment on Account or by Direct Debit, your data will be passed on to Creditsafe Deutschland GmbH, Schreiberhauer Straße 30, 10317 Berlin, in Order to Safeguard our legitimate interests for the purpose of a Credit Check based on Mathematical and Statistical Methods. We reserve the right to Refuse to allow you to pay by Invoice or Direct Debit based on the outcome of the Credit Check.

(4) Payment via „PayPal“ / „PayPal Checkout“: If you select a Payment Method offered via „PayPal“ / „PayPal Checkout“, the Payment will be processed by the Payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A. (22–24 Boulevard Royal, L-2449 Luxembourg; „PayPal“). The individual Payment Methods available via „PayPal“ are displayed under a correspondingly labelled button on our website and during the Online Ordering Process. „PayPal“ may use other Payment Services to Process Payments; where specific Payment Terms apply, you will be informed of these separately. Further information on „PayPal“ can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.

(5) You are only entitled to Set-Off if your Counter-Claims have been legally established or are undisputed by us. You may only exercise a Right of Retention in so far as the Claims relate to the same contractual relationship.

§4 Delivery, Delivery Times, Transfer of Risk

(1) We deliver worldwide. Delivery charges are based on the weight of the Parcel and the Destination Country, and will be displayed during the Ordering Process before you submit your Order. For Deliveries outside the European Union, the Delivery Times specified in the relevant offer or on the „Payment and Delivery“ page for the Destination Country apply; you are responsible for any import Duties and Customs charges (see Customer Information No. 6.3). Where a Delivery is Subject to Export, Sanctions or Product-related restrictions in the Destination Country, we are entitled to refuse to accept your Order.

(2) Delivery Times and Dates are set out in the relevant Quotation or on the „Payment and Delivery“ page. Where advance Payment has been agreed, the Delivery Period begins from the time you issue your Payment Instruction.

(3) If our supplier fails to Deliver the Goods, or fails to do so on time or correctly, even though we have concluded a corresponding transaction to procure the Goods in Good Time, and if we are not at fault for this, we are entitled to Withdraw from the contract. In this case, we will inform you immediately of the unavailability of the Goods and Refund any Payments already made without delay.

(4) In the event of force Majeure (e.g. Natural Disasters, War, Strikes, Official Measures, Pandemics) or any other Disruptions that could not have been foreseen at the time the contract was concluded and for which we are not responsible, Delivery Times shall be extended by the Duration of the Disruption. We shall inform you without delay of the start and expected end of the Disruption. If the disruption lasts for more than eight weeks, both parties shall be entitled to withdraw from the contract with regard to the services not yet performed; any Payments already made shall be Refunded.

(5) We are Entitled to make Partial Deliveries, provided this is reasonable for you. This will not result in any additional Delivery Charges for you.

(6) If you are a Consumer, the Risk of Accidental Loss or Accidental Deterioration of the Goods does not pass to you until the Goods are handed over to you. If you are a Business Customer, the Risk passes to you when the Goods are handed over to the Carrier; this also applies in the case of carriage paid Deliveries. We will only take out Transport Insurance for Business Customers at your Express Request and at your Expense.

(7) If you are a Business Owner and are in default of acceptance, we are entitled to claim compensation for any additional Costs incurred by us as a result (e.g. Storage Costs, Costs of Redelivery).

§5 Refrigerants and Products Subject to Certification

(1) In Accordance with Article 11(6) of Regulation (EU) 2024/573, we supply fluorinated greenhouse Gases (F-Gases) exclusively to Companies that hold the necessary Certification for the Installation, maintenance or repair of the relevant Equipment. We only sell non-hermetically sealed equipment filled with F-Gases to End-Users if it can be demonstrated that the Installation will be carried out by a suitably certified Company.

(2) You must provide us with the relevant Documentation (a Certificate in Accordance with the Chemicals and Climate Protection Ordinance or Equivalent Proof) prior to dispatch, either via your Customer Account or in Writing. We are legally obliged to document our Verification of this Documentation.

(3) If, when Ordering a Product Subject to the restrictions set out in Paragraph 1, we do not receive Valid Proof, we are entitled to Refuse to accept your offer or – if a Contract has already been concluded – to withdraw from it. We will Refund any Payments already made without delay.

(4) You are responsible for Complying with the Regulations governing the Storage, Installation and Operation of the Products supplied, in particular those relating to the handling of Refrigerants, Flammable Refrigerants (Safety Classes A2L and A3) and Pressure Equipment.

§6 Retention of Title

(1) The Goods remain our property until the Purchase Price has been paid in Full.

(2) If you are an Entrepreneur, the following also Applies:

a) We reserve title to the Goods until all claims arising from the ongoing Business Relationship have been settled in Full. The Goods subject to retention of title may not be pledged or assigned as Security prior to the transfer of title.

b) You may resell the Goods in the Ordinary course of Business. In such cases, you hereby assign to us all claims arising from the resale, up to the amount of the Invoice; we accept this assignment. You remain Authorised to collect the claim. However, should you fail to meet your Payment obligations properly, we reserve the right to collect the claim ourselves.

c) Where the Goods subject to retention of title are combined or mixed with other Items, we shall acquire Co-Ownership of the New Item in the proportion of the Invoice value of the Goods subject to retention of title to the Value of the other Items processed at the time of Processing.

d) We undertake to release the Security to which we are entitled at your Request to the extent that the realisable value of our Security Exceeds the claim to be secured by more than 10 per cent. The choice of which security is to be released shall be at our discretion.

§7 Warranty

(1) The statutory rights in respect of Liability for Defects Apply, unless otherwise specified below.

(2) As a Consumer, you are asked to check the Goods immediately upon Delivery to ensure they are Complete and Free from obvious Defects or Damage caused in transit, and to notify us and the Carrier of any complaints as soon as possible. Failure to do so will not affect your statutory Warranty Rights.

(3) Where a Characteristic of the Goods deviates from the objective requirements, such Deviation shall only be deemed to have been agreed if you were informed of it by us prior to your submission of the Contractual Declaration and the Deviation was Expressly and Separately agreed between the contracting parties.

(4) If you are a Business Customer, the following applies, notwithstanding the Warranty Provisions set out above:

a) Only our own Specifications and the Manufacturer’s Product Description shall be deemed to have been agreed as the Quality of the Goods; other Advertising, public claims and statements made by the Manufacturer shall not be deemed to have been agreed. Specifications regarding Quality do not constitute a Guarantee within the meaning of Section 443 of the German Civil Code (BGB), unless they are expressly designated as such.

b) You must inspect the goods immediately upon Delivery. You must notify us in writing of any obvious Defects, incorrect Deliveries and Discrepancies in quantity within Seven Days of Delivery; hidden defects must be reported immediately upon discovery. Furthermore, any Damage caused in transit must be noted on the Carrier’s Delivery note at the Time of Delivery. If such notification is not provided in Good Time, the goods shall be deemed to have been accepted (Section 377 of the German Commercial Code (HGB)).

c) In the Event of Defects, we shall, at our discretion, fulfil our Warranty Obligations by either rectifying the Defect or Supplying a Replacement. The Goods in question must be made available to us for inspection upon request. We shall only reimburse costs incurred for the removal of the defective Goods and the Installation of the repaired or replacement Goods (Section 439(3) of the German Civil Code (BGB)) insofar as the removal and Installation were agreed with us prior to being carried out, were performed by a specialist firm, and the costs are customary for the locality and reasonable. If the rectification of the Defect Fails, you may, at your discretion, demand a reduction in Price or Withdraw from the Contract. The rectification of Defects shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the goods or the defect, or other circumstances, indicate otherwise. In the event of rectification, we shall not be required to bear any increased Costs arising from the Goods being transported to a location other than the place of Performance, provided that such Transport does not correspond to the intended use of the Goods.

d) The Warranty Period is one year from the Date of Delivery of the Goods. This reduction in the Warranty period does not apply to damage attributable to us arising from injury to Life, Limb or Health, or to other damage caused intentionally or through gross Negligence; nor does it apply where we have fraudulently concealed the defect or have given a Guarantee as to the Quality of the Goods; in the case of Goods which, in accordance with their normal use, have been used in a building and have caused its Defectiveness; and in the case of statutory rights of recourse which you have against us in connection with rights arising from Defects.

e) In Particular, a Material Defect shall not be deemed to exist in the case of Damage or Malfunctions arising after the transfer of risk as a result of improper Installation or Commissioning, operation outside the Manufacturer’s specifications, the use of unauthorised Refrigerants, Oils or Operating Fluids, incorrect System Design, natural wear and tear, or interference by unqualified Persons.

§8 Complaints Regarding Compressors

(1) Compressors must be properly drained of Refrigerant before being Returned; all connections must be sealed or soldered shut. Please arrange the return with our Customer Service Team in advance.

(2) Please enclose with your Complaint Proof of Correct Installation and Commissioning by a Certified Specialist Contractor (e.g. a Commissioning Report Containing Operational data or an Invoice from the Installation Company). This proof will enable us to investigate the Cause of the Fault.

(3) If you are a Business Owner, we may defer Processing the Complaint until we have received the Information and Documentation required to investigate the cause of the Defect. If a Complaint proves to be unfounded because no defect exists, and you were able to Recognise this, we may charge you for the Inspection and Transport Costs we have incurred.

(4) If you are a Consumer, your statutory rights remain unaffected by the above provisions.

§9 Liability

(1) We shall be Liable without Limitation for Damages Resulting from loss of Life, Personal Injury or Damage to Health; for Damages arising from wilful Misconduct or Gross negligence; under the Product Liability Act; and insofar as we have fraudulently concealed a Defect or have given a Guarantee as to the Quality of the Goods.

(2) In the event of a breach of a Material Contractual obligation arising from slight Negligence, our Liability shall be limited to compensation for the loss typical of the Contract and Foreseeable at the time the contract was concluded. Material Contractual Obligations are those the fulfilment of which is essential for the proper Performance of the Contract and on the observance of which you may reasonably rely.

(3) Furthermore, we shall not be Liable for Damage caused by slight negligence. This applies in particular to Indirect and Consequential Damage, such as loss of Profit, Production or Operational downtime, Spoilage of Refrigerated Goods, the Cost of Replacement Goods, and the Cost of Emergency and Immediate Measures.

(4) The above Limitations of Liability also apply in favour of our legal Representatives, Employees and Vicarious Agents, as well as to claims arising from tort.

(5) If you are a Business Owner, claims for Damages against us – with the Exception of the cases referred to in Paragraph 1 – shall become Time-Barred one year from the start of the statutory Limitation Period.

§10 Article 2. Selection (Second-Grade Goods)

(1) Items expressly labelled as ‘B-Grade’, ‘second choice’ or similar are New Items with Cosmetic Flaws, Signs of Storage or Transport, or Damaged or Missing Original Packaging. The specific issues are detailed in the relevant Product Description.

(2) The deviations Specified form Part of the agreed Quality and do not constitute a Material Defect. In relation to Consumers, this applies only insofar as you were specifically informed of the Deviation before placing your Order and the Deviation was Expressly and Separately agreed (Section 476(1), Second Sentence, of the German Civil Code (BGB)).

(3) Furthermore, the statutory Rights in respect of Liability for Defects and the statutory Warranty period apply to these Items. Section 7(4) applies to Transactions with Businesses.

§11 Export Controls

If you are a Business Owner, you are responsible for Complying with the Applicable Export Control and Sanctions Regulations of the European Union and the Federal Republic of Germany when Reselling or Exporting the Goods. You shall not Supply the Goods, either Directly or Indirectly, to Countries or Persons subject to relevant restrictions, in particular not to Russia or Belarus, insofar as the goods are covered by an Export ban. We are entitled to refuse to fulfil a Contract insofar as it conflicts with Export Control or Sanctions Regulations.

§12 Choice of Law, Place of Performance, Jurisdiction

(1) German law shall apply. In the case of Consumers, this choice of law shall apply only in so far as it does not deprive the Consumer of the Protection afforded by Mandatory provisions of the law of the country in which the Consumer has their habitual residence (Principle of Favourability).

(2) The Place of Performance for all obligations arising from Business Relationships with us, as well as the Place of Jurisdiction, shall be our Registered Office, provided that you are not a Consumer but a Trader, a legal entity under public law or a special fund under public law. The same shall apply if you do not have a general Place of Jurisdiction in Germany or the EU, or if your place of residence or habitual abode is unknown at the time the action is brought. The right to bring Proceedings before a court at another statutory Place of Jurisdiction remains unaffected by this.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods are expressly excluded.

II. Customer Information

1. Identity of the Seller

H + H Kältetechnik GmbH
represented by the Managing Directors Hendirk Homann, Lukas Homann and Angela Melzer
Borghorster Str. 68
48366 Laer
Germany
Telephone: +49 (0) 2554 912 959 6
E-Mail: [email protected]

We are neither prepared nor obliged to take part in Dispute Resolution proceedings before Consumer Arbitration boards.

2. Information on the Formation of the Contract

The technical Steps Involved in concluding the Contract, the conclusion of the Contract Itself and the Options for Making Corrections are governed by the Provisions on ‘Conclusion of the Contract’ in our General Terms and Conditions (Part I).

3. Language of the Contract, Storage of the Contract Text

3.1. The Language of the Contract is German.

3.2. We do not store the Full Text of the Contract. Before submitting your Order via the Online Shopping Basket System, you can print out the Contract details using your Browser’s Print Function or save them Electronically. Once we have received your Order, we will send you the Order Details, the Information required by law for Distance Contracts and the General Terms and Conditions again by Email.

3.3. For Enquiries regarding quotations made outside the Online Shopping Basket System, you will be sent all the Contractual Details in writing as part of a binding quotation, e.g. by Email, which you can print out or save electronically.

4. Codes of Conduct

We have complied with the Quality Criteria set by Trusted Shops GmbH, which can be viewed at: https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf

5. Key Features of the Product

The Key Features of the Product are set out in the Relevant Offer.

6. Prices and Payment Terms

6.1. The prices quoted to Consumers, together with the Delivery Charges, represent the Total Price and include all Price Components, including any applicable Taxes. For Businesses Registered as such in their Customer Account, Net Prices are displayed, plus VAT shown separately.

6.2. The applicable Delivery Charges are not included in the Purchase Price. These can be viewed via a clearly labelled button on our Website or in the relevant Product Listing; they are shown separately during the Ordering Process and are payable by you in addition to the Purchase Price, unless Free Delivery has been Confirmed.

6.3. If the Delivery is to Countries outside the European Union, additional Costs beyond our control may be incurred, such as Customs Duties, Taxes or Money transfer Fees (Bank Transfer or Exchange Rate charges levied by Financial Institutions), which you will be required to pay.

6.4. Any Costs incurred in Connection with the Money Transfer (Bank Transfer or Exchange Rate Charges levied by Credit Institutions) shall be borne by you in cases where the Delivery is made to an EU Member State but the Payment was initiated from outside the European Union.

6.5. The Payment Methods available to you are shown under a button with the relevant label on our Website or in the relevant offer.

6.6. Unless otherwise stated for each individual Payment Method, Payment claims arising from the Contract entered into are due immediately.

7. Terms of Delivery

7.1. The Delivery Terms, the Delivery Date and any applicable Delivery Restrictions can be found under a button labelled Accordingly on our Website or in the relevant Quotation.

7.2. Where you are a Consumer, the law stipulates that the risk of accidental loss or accidental Deterioration of the Goods sold during dispatch does not pass to you until the Goods have been handed over to you, Regardless of whether the dispatch is insured or uninsured. This does not apply if you have independently Commissioned a carrier not designated by the trader or any other person designated to carry out the dispatch. If you are a Business, Delivery and Dispatch are at your own risk.

8. Statutory Liability for Defects

Liability for Defects is governed by the ‘Warranty’ provisions in our General Terms and Conditions (Part I).

Stand: 25.09.2026