Terms & Conditions – Hissmekano (AB & GmbH)
1. Application and scope of the agreement
These terms and conditions of sale apply to all sales of products and services by the Hissmekano Group, which includes:
Hissmekano AB (company registration no. 556245-5831), with its registered office in Sweden
Hissmekano GmbH (HRB 11736), with its registered office in Germany
Orders may be placed through hissmekano.se, hissmekano.com or hissmekano.de, as well as through direct customer contact. By placing an order through any of these channels, the customer accepts these terms and conditions of sale in the version applicable at the time of the order.
The customer further agrees that Hissmekano reserves the right, based on the product's origin, stock status or logistics arrangements, to select which entity (AB or GmbH) will invoice the order, in whole or in part. In each individual case, the entity that invoices the customer is the contracting party for the purchase concerned.
This means that different parts of an order may be subject to different invoicing parties and therefore to different jurisdictions (Swedish or German). However, these terms and conditions of sale apply jointly and in their entirety to both entities unless otherwise expressly agreed.
If specific written agreements have been entered into between the customer and Hissmekano, those agreements shall prevail over these terms and conditions to the extent that they differ.
Unless otherwise agreed in writing, Orgalime S 2012 shall apply as supplementary standard terms and conditions. Hissmekano's failure to invoke these terms and conditions on any occasion does not constitute a waiver of its right to invoke them at a later time.
2. Orders and order confirmation
Hissmekano primarily serves professionals in the lift industry. A customer account may be refused if the business is not considered relevant to our offering. Orders may be placed through the website, by e-mail, or through direct contact with Hissmekano. Any order placed by the customer constitutes a binding offer to enter into an agreement with Hissmekano. A contract shall only be deemed concluded when Hissmekano has accepted the order, either by issuing an order confirmation or by otherwise accepting the order, for example by commencing delivery.
Orders are personal and may not be transferred without written approval. Hissmekano may reject an order due to incomplete information, credit risk or product shortages. Partial deliveries may occur. By placing an order, the customer consents to Hissmekano obtaining a credit report as a basis for its credit assessment.
3. Cancellation
Cancellation of an order must always be approved in writing by Hissmekano. For stock items, cancellation may be accepted in exceptional cases and will then be subject to a fee of at least 35 % of the order value. Orders for non-stock, customised or specially manufactured products cannot be cancelled after the order confirmation has been sent. Hissmekano reserves the right to refuse any type of cancellation without further explanation. Hissmekano does not accept contractual penalties in the event of delay or cancellation.
4. Prices and payment terms
Agreed prices are stated in the currency displayed on Hissmekano's websites at the time of the order, unless otherwise agreed in writing. Invoicing is based on the prices applicable on the order date. Prices apply until further notice and may be changed without prior notice. Hissmekano reserves the right to adjust prices at any time, including, but not limited to, changes in external cost factors or internal business considerations. We reserve the right to correct pricing errors. In the case of products with an obviously incorrect price, Hissmekano reserves the right to cancel the order.
Unless otherwise agreed in writing, payment is due net 30 days from the invoice date. Hissmekano reserves the right to set shorter payment terms without stating a specific reason. In the event of non-payment, default interest shall be charged in accordance with the Swedish Interest Act, together with a reminder fee in accordance with applicable law. In the event of late payment, Hissmekano is entitled to suspend deliveries immediately and require advance payment for continued order processing. The customer's right to raise objections does not affect its obligation to make payment.
Delivered goods remain the property of Hissmekano until payment has been made in full, including any default interest and fees. The customer undertakes not to sell, pledge or otherwise dispose of the goods before title has passed.
5. Delivery terms
Unless otherwise agreed, all deliveries are made from Hissmekano's warehouse. Hissmekano offers freight services as a separate paid service. We arrange and pay for the transport, but charge the freight cost to the customer. The risk in the goods passes to the customer upon delivery of the goods at the agreed place, in accordance with Incoterms 2020: DAP (Delivered at place).
The customer may also collect goods directly from our warehouses by prior arrangement.
Delivery times are indicative – if the product is in stock and ordered before 16.00 (Monday–Friday), it is normally dispatched from our warehouse on the next working day. If ordered before 14.00 on those days, the goods may be collected the same day.
Additional charges may apply in the event of special delivery requirements or bulky goods. Freight is charged according to a weight-based price list. Delays do not entitle the customer to compensation.
6. Transport and damage
The customer is responsible for inspecting the goods immediately upon receipt. Visible damage to the packaging must be noted directly on the consignment note before the delivery is acknowledged.
Any transport damage must be documented with clear photographs of the outer packaging, the damaged contents and the consignment note. The damage must be reported to the carrier no later than 7 calendar days after receipt, with a copy to Hissmekano. Claims submitted later will not be accepted.
Transport damage is handled separately from claims relating to product defects, shortages or warranty matters.
Damaged goods and their packaging must not be discarded before the matter has been processed and approved by Hissmekano. The customer may be required to provide additional documentation or permit an inspection of the goods.
7. Claims procedure
If a product purchased by a business customer proves to be defective, the customer may submit a claim regarding the product.
Claims must always be notified in advance and approved in writing by Hissmekano.
A claim must state the customer's:
Contact details
order or invoice number
and the reason for the claim.
Notice of the defect must be given within 5 working days of receipt of the goods or discovery of the defect.
Claims are accepted only for products for which Hissmekano is responsible for the defect, such as an incorrect delivery or a manufacturing defect. Hissmekano provides no warranty beyond the manufacturer's applicable warranty or the warranty stated in the product description. Liability for defects applies for a maximum of 12 months from the delivery date.
In the event of a claim, the product must be returned to Hissmekano unless otherwise agreed. The customer is responsible for ensuring that the product is properly packaged and for the transport until the goods have been received and inspected by Hissmekano. Returns must always be sent directly to the specified warehouse address – deliveries to collection points are not accepted.
The product must be in the same condition as when delivered. All returned products are inspected and will not be accepted if they have been used, are incomplete or have been handled negligently. Hissmekano does not compensate for indirect or consequential loss, such as loss of profit or business opportunities, resulting from a defective or delayed product.
8. Returns and exchanges
As a general rule, Hissmekano only accepts returns of products that are defective or have been delivered incorrectly. See section 7, Claims procedure.
Returns due to an incorrect order or mistaken purchase are accepted only in exceptional cases and subject to Hissmekano's written approval. For such a return to be approved, the product must be a standard item stocked by Hissmekano, must be unused and must be returned in its unopened and undamaged original packaging.
All returns and exchanges must be notified in advance and approved in writing by Hissmekano before the goods are sent back. Unauthorised returns will not be accepted.
For an approved return or exchange due to an incorrect order, mistaken purchase or any other circumstance for which Hissmekano is not responsible, a deduction of at least 35 % of the invoiced value of the goods will be made. Hissmekano reserves the right to apply a higher deduction if the condition of the product, its packaging or other circumstances result in additional costs or a reduction in value.
Specially ordered, customised, made-to-measure or non-stock products cannot be returned or exchanged.
9. Product information and changes
Product images, data sheets and technical information are indicative and provided without liability. The customer is responsible for verifying that the product ordered is suitable for its intended purpose. Product models may be changed or discontinued without prior notice.
Hissmekano reserves the right to correct any typographical errors, technical errors, price adjustments, product changes and other inaccuracies on the website. We are not responsible for incorrect information arising from technical problems or delays in updating. The customer is responsible for verifying that the product ordered is suitable for its intended purpose.
10. Special orders and customer-specific products
Specially manufactured, made-to-measure or customer-specific products cannot be returned or cancelled after confirmation. The customer is responsible for providing correct information when placing the order.
11. Limitation of liability
Hissmekano is liable only for direct damage and not for consequential loss such as business interruption, loss of profit, loss of goodwill or third-party claims. The maximum compensation is limited to the amount invoiced for the defective product. Hissmekano is not liable for damage to products or property after delivery, nor is it liable for the actions of third parties.
12. Personal data and confidentiality
Personal data is processed in accordance with applicable data protection legislation (GDPR). Cookies are used on our website in accordance with our cookie policy.
For more information about how Hissmekano processes personal data and cookies, please refer to our full GDPR policy
13. Intellectual property rights
All images, product descriptions, data sheets and other material on Hissmekano's website are protected by copyright and may not be copied, used, distributed or published without Hissmekano's written permission. Unauthorised use may result in legal action.
14. Miscellaneous
These terms and conditions may be updated without notice. The version published on Hissmekano's website applies. Any deviation requires a written agreement. Force majeure events that release a party from liability include, but are not limited to, government action, war, strikes, natural disasters, epidemics, fire, cyberattacks and component shortages.
15. Governing law and jurisdiction
These terms and conditions of sale apply to all purchases made through Hissmekano, irrespective of the channel or website, and are governed by the law of the country in which the invoicing legal entity is registered.
The legal entity that is the contracting party, and therefore the applicable law, is determined by the invoicing entity: deliveries invoiced in whole or in part by Hissmekano AB are governed by Swedish substantive law, while deliveries invoiced in whole or in part by Hissmekano GmbH are governed by German substantive law. In the case of split deliveries where both entities invoice the same order, the law of the respective country applies to the part invoiced by that entity; if the dispute cannot be attributed to a specific part, Swedish substantive law shall apply.
The parties shall first attempt to reach an agreement through dialogue or mediation. If no solution can be reached, the dispute shall be resolved by the ordinary courts of the country whose law is applicable under the above provisions; disputes governed by Swedish law shall be heard by Stockholm District Court as the court of first instance, and disputes governed by German law shall be heard by the Regional Court of Bad Kreuznach (Landgericht Bad Kreuznach) as the court of first instance.