Terms & Conditions – Hissmekano (AB & GmbH)
1. Application and Scope of Agreement
These terms and conditions of sale ("Terms") apply to every sale of products and services by the Hissmekano Group, which consists of:
Hissmekano AB (reg.-no. 556245-5831), registered in Sweden, and
Hissmekano GmbH (HRB 11736), registered in Germany.
Orders may be placed via hissmekano.se, hissmekano.com or hissmekano.de or through direct customer contact. By placing an order through any of these channels, the customer accepts these Terms in the version valid at the time the order is placed.
The customer further acknowledges that Hissmekano reserves the right, depending on product origin, stock status or logistical considerations, to decide which entity (AB or GmbH) will invoice the order, in whole or in part. The entity that invoices the customer is, in each case, the contracting party for that part of the purchase.
Different parts of the same order may therefore be invoiced by different entities and be subject to different jurisdictions (Swedish or German). Nevertheless, these Terms apply in their entirety to both entities unless expressly agreed otherwise.
Where the customer and Hissmekano have entered into specific written agreements, such agreements shall prevail over these Terms to the extent of any inconsistency.
Unless otherwise agreed in writing, Orgalime S 2012 applies as supplementary standard conditions. Hissmekano’s failure at any time to invoke any of these Terms shall not constitute a waiver of the right to do so later.
2. Orders and Order Confirmation
Hissmekano primarily supplies professionals in the elevator industry. A customer account may be refused if the business is deemed irrelevant to our offering. Orders may be placed via the website, e-mail or direct contact and become binding once received by Hissmekano, even if a written order confirmation has not yet been issued.
Orders are personal and may not be assigned without written consent. Hissmekano may refuse an order due to incomplete information, credit risk or product unavailability. Partial deliveries may occur. By placing an order, the customer consents to Hissmekano obtaining a credit report for credit assessment purposes.
3. Cancellation
Order cancellations must always be approved in writing by Hissmekano.
For stocked items, cancellation may be accepted in exceptional cases and will incur a fee of at least 35 % of the order value. Orders for non-stocked, customised or specially manufactured products cannot be cancelled once an order confirmation has been issued.
Hissmekano reserves the right to reject any cancellation request without further justification. No liquidated damages are paid by Hissmekano 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 order unless otherwise agreed in writing. Invoicing is based on the prices valid on the order date. Prices remain valid until further notice and may be changed without prior announcement. 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 disclaim liability for pricing errors. If a product is clearly mispriced, Hissmekano reserves the right to cancel the order.
Unless otherwise agreed in writing, payment terms are 30 days net from the invoice date. Hissmekano reserves the right to impose shorter payment terms without specific justification. In case of late payment, statutory interest on arrears and reminder fees will be charged in accordance with applicable law. In the event of default Hissmekano is entitled to suspend deliveries immediately and require pre-payment for further order processing. The customer’s right to make objections does not affect the obligation to pay.
Delivered goods remain the property of Hissmekano until full payment, including any interest and fees, has been received. 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 re-invoice the freight cost to the customer. Risk for 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, at order placement, select Collection from Hissmekano as the delivery method. With this option the goods must be collected within five (5) working days from the confirmed delivery date, no later than 15:00. If the goods have not been collected within this period, Hissmekano reserves the right, at the customer’s risk and expense, to ship the order to the customer’s registered address. Freight will be charged to the customer according to the current tariff. Risk for the goods passes to the customer when the goods leave Hissmekano’s warehouse.
Delivery times are indicative – if the product is in stock and the order is placed before 15:00 (CET/CEST) Monday–Friday, it is normally dispatched from our warehouse on the next working day. If ordered before 12:00 on the same days, collection on the same day is possible. Additional charges may apply for special delivery requirements or bulky goods. Freight is charged in accordance with a weight-based tariff. Delays do not entitle the customer to compensation.
6. Transport and Damage
The customer must inspect the goods immediately upon receipt. Visible damage to the packaging must be noted directly on the consignment note before signing.
Any transport damage must be documented with clear photographs of the outer packaging, damaged contents and the consignment note. The damage must be reported to the carrier within 7 calendar days of receipt, with a copy to Hissmekano. Claims received later will not be accepted.
Transport damage is handled separately from claims relating to product defects or warranty matters. Damaged goods and their packaging may not be discarded before the case has been processed and approved by Hissmekano. The customer may be required to provide additional documentation or allow inspection of the goods.
7. Claims (Defects)
Remember to always notify Hissmekano of the return needs in advance!
If a product purchased by a business customer proves defective, the customer may make a claim. Claims must always be pre-notified and approved in writing by Hissmekano.
The claim must state the customer’s:
- Contact details
- Hissmekano order or invoice number
- and reason for the claim.
Defects must be reported within 5 working days of receipt of the goods.
Claims are accepted only for defects for which Hissmekano is responsible, such as incorrect delivery or manufacturing faults. Hissmekano provides no warranty beyond the manufacturer’s applicable warranty or the warranty stated in the product description. Liability for defects is limited to 12 months from the delivery date.
Unless otherwise agreed, the product must be returned to Hissmekano. The customer is responsible for proper packaging and for the product during transport until it has been received and inspected by Hissmekano. Returns must always be sent directly to the specified warehouse address; deliveries to pick-up points are not accepted.
The product must be in the same condition as delivered. All returned products are inspected and will not be accepted if used, incomplete or handled negligently. Hissmekano is not liable for indirect or consequential damages, such as loss of profit or business opportunities, arising from a defective or delayed product.
8. Product Information and Changes
Product images, data sheets and technical information are for guidance only and provided without liability. The customer is responsible for ensuring that the ordered product is suitable for the intended purpose. Product models may be changed or discontinued without prior notice.
Hissmekano reserves the right for typographical errors, technical inaccuracies, price adjustments, product changes and other inaccuracies on the website. We are not liable for erroneous information arising from technical issues or update delays.
9. Special Orders and Customer-Specific Products
Custom-made, tailor-made or customer-specific products cannot be returned or cancelled after confirmation. The customer is responsible for providing correct information at the time of order.
10. Limitation of Liability
Hissmekano is liable only for direct damages and not for consequential damages such as downtime, loss of profit, goodwill or third-party claims. Maximum compensation is limited to the invoiced amount for the defective product. Hissmekano is not liable for damage to property or products after delivery, nor for acts of third parties.
11. 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 on how Hissmekano processes personal data and cookies, please refer to our full GDPR policy available at https://hissmekano.se/content/About/integrity.
12. 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 the written permission of Hissmekano. Unauthorised use may be prosecuted.
13. Miscellaneous
These Terms may be updated without prior notice. The version published on Hissmekano’s website applies. Any deviations require a written agreement. Force majeure events that release Hissmekano from liability include, but are not limited to, government action, war, strike, natural disaster, epidemic, fire, cyber-attack and component shortages.
14. Governing Law and Jurisdiction
These Terms apply to all purchases made via Hissmekano, irrespective of channel or website, and are governed by the law of the country in which the invoicing legal entity is registered.
The contracting entity and therefore the governing law are determined by the invoicing entity: deliveries invoiced in whole or in part by Hissmekano AB are governed by Swedish substantive law, whereas deliveries invoiced in whole or in part by Hissmekano GmbH are governed by German substantive law. In split deliveries where both entities invoice the same order, the law of the entity invoicing the relevant part applies; 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 a solution cannot be reached, the dispute shall be decided by the ordinary courts in the country whose law is applicable as set out above; disputes governed by Swedish law shall be heard in the District Court of Stockholm (Stockholms tingsrätt) as the court of first instance, and disputes governed by German law shall be heard in the Regional Court of Bad Kreuznach (Landgericht Bad Kreuznach) as the court of first instance.
In the event of discrepancies between language versions, the Swedish text shall prevail.