Terms and Conditions
Last updated: 25 August 2026
1. Scope and contracting party
These Terms and Conditions apply to orders placed through hks-energy.com. The contracting party is HKS Heizung/Klima/Sanitär, owner Nils Reinhard Niefünd, Höhnkoppel 22, 22179 Hamburg, Germany (hereinafter “HKS”). A consumer is any natural person acting primarily for purposes outside their trade or profession. A business customer is a natural or legal person or a partnership with legal capacity acting in the course of its commercial or independent professional activity when concluding the contract.
2. Offer and conclusion of contract
Product presentations in the shop do not constitute a binding offer. You can place products in the cart and review and correct your entries until you submit the order. By pressing the order button that is clearly labelled as creating an obligation to pay, you submit a binding offer. The automatically generated acknowledgement confirms only receipt of your order and does not yet constitute acceptance. The contract is concluded when we expressly accept the order by issuing an order confirmation, dispatching the goods or, where advance payment has been agreed, requesting payment. We decide whether to accept the order no later than within five working days.
3. Contract language and storage
The contract language is German. Translations are provided for customer information. We store order data in accordance with statutory retention obligations. Order details may be viewed in the customer account where this function is offered. Please retain the order confirmation and these Terms and Conditions for your records.
4. Prices and shipping costs
All prices shown to consumers are total prices including statutory VAT where applicable. Any additional shipping costs are shown before the order is submitted. Deliveries to non-EU countries may be subject to import duties, taxes and fees charged by authorities or service providers in the destination country; these are not included in our price and must be paid by the recipient.
5. Payment
The payment methods displayed at checkout apply. For bank transfers, we provide the valid payment details only at checkout, in the order confirmation or on the invoice. Payments must be made only to the account stated there and using the specified payment reference. Where advance payment applies, a stated delivery period begins on the next working day after payment is received unless the offer states otherwise.
6. Delivery and availability
The delivery area, restrictions, shipping method, shipping costs and estimated delivery time are shown in the shop or no later than before the order is submitted. Partial deliveries are permitted where reasonable for you; no additional shipping costs will arise. If an item is unavailable despite a proper procurement transaction, we will inform you without delay and refund any payments already made. Statutory claims remain unaffected.
7. Freight shipments and large equipment
Goods shipped by freight are generally delivered to the agreed unloading point. The required access, acceptance facilities and any necessary equipment must be available. Special services such as delivery to a particular floor, carrying goods inside, installation, removal or disposal are owed only if expressly ordered and confirmed.
8. Specialist products, installation and compatibility
Manufacturer instructions, technical rules and statutory installation requirements must be observed for heating, air-conditioning, plumbing, electrical and pump components. A product order does not include planning, sizing, installation, commissioning or verification of performance unless expressly agreed in writing. Work reserved for specialist contractors may be performed only by appropriately qualified persons. Our technical advice does not replace an assessment of the specific on-site installation conditions.
9. Retention of title
The goods remain our property until payment has been made in full. In relation to business customers, extended retention of title also applies to the extent permitted by law.
10. Consumers' right of cancellation
Consumers generally have the statutory right of cancellation. Details, exceptions and the model cancellation form can be found in our Cancellation Policy.
11. Rights in the event of defects
Statutory rights for defects apply. For business customers, the limitation period for claims relating to defects in newly manufactured goods is one year from delivery, insofar as legally permitted. This reduction does not apply to claims arising from injury to life, body or health, intent or gross negligence, fraudulent concealment, guarantees, rights of recourse or other mandatory statutory cases.
12. Transport damage
Consumers are asked to report obvious transport damage to the carrier as soon as possible and to inform us. Failure to report damage immediately does not restrict statutory rights. Business customers are subject to the inspection and notification obligations under Section 377 of the German Commercial Code (HGB).
13. Liability
We have unlimited liability for intent and gross negligence and for damage arising from injury to life, body or health. In the event of a slightly negligent breach of essential contractual obligations, liability is limited to foreseeable loss typical of the contract. Mandatory statutory liability, in particular under the German Product Liability Act, remains unaffected.
14. Consumer dispute resolution
We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
15. Final provisions
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only insofar as it does not deprive them of mandatory protection provided by the state of their habitual residence. If the customer is a merchant, a legal entity under public law or a special fund under public law, Hamburg is the place of jurisdiction.