General terms and conditions

General Terms and Conditions (GTC) of TOPHAND GmbH, hereinafter referred to as “TOPHAND”.
As of March 16, 2021

1. Validity

The following GTC apply to all contracts, deliveries and services between TOPHAND as the contractor and your customers as the client. The GTC become the content of all contracts concluded by us, even if in the case of ongoing business relationships a reference is no longer made expressly. The currently valid version of the GTC applies. Deviating terms and conditions and regulations are fundamentally contradicted. All deviating regulations require written confirmation from TOPHAND to be effective.

2. Offers

TOPHAND offers and arranges manual and organizational work and services for the home, apartment and office. To carry out this work, TOPHAND uses permanent employees, independent sole proprietors, as well as craft and service companies from a wide variety of trades as subcontractors. All offers are subject to change. A contract is concluded when the client accepts an offer from the contractor (TOPHAND). Acceptance of the offer can be made verbally, by post, email, fax, telephone or in person. By concluding the contract, the client accepts these terms and conditions. The written order confirmation for the effective conclusion of the contract is replaced by the start of the contractual service, delivery or invoicing. The costs incurred in the context of the installation of mechanical security products (latches, bar locks and other mechanical security devices) for additional work such as chiseling / plastering / sealing work that is not specified in writing in the contract are borne by the client.

3. Prices

The prices stated in our offers for companies and tradespeople are net prices and apply plus the applicable VAT. The prices stated in our offers for private customers are gross prices. We currently charge EUR 48 net per hour for handyman work (all-round tradesmen) (plus EUR 9.12 VAT, = EUR 57.12). For journeys within Hamburg, we charge a flat rate of EUR 20.00 net or EUR 23.80 gross per order and handyman employed. On weekdays before 8:00 a.m. and after 6:00 p.m., the hourly rate increases by EUR 10.00 net or EUR 11.90 gross. Any additional costs, e.g. for machines, transporters or disposal, can be found in the relevant offer. The first hour of work is always billed as a full hour, regardless of whether the customer has used the full (first) hour. After that, billing is done in half-hour increments. In contrast to the handyman hourly rates, for work that requires a license, the prices and conditions of the tradesmen arranged by TOPHAND as direct contractors apply to all customers. Otherwise, the prices and conditions agreed with TOPHAND in the respective contracts apply. To the extent that TOPHAND, as the contractor, has work carried out by subcontractors, TOPHAND may charge a processing fee on the net invoice amount of the subcontractor.

4. Acceptance

The placement of an order obliges the customer to accept and pay for the contractually agreed service (delivery of goods, services or manual work). If the customer refuses to accept the contractual service without legal grounds, TOPHAND’s claims for full payment of the service provided and any additional costs remain unaffected.

5. Terms of payment

After contractual fulfillment, invoices are due for payment immediately after they have been issued and received by the customer and without deduction of any discount, unless another payment term was agreed in writing before the service was provided. In individual cases, we reserve the right to take an advance payment of 50% of the net value of the contractual object. After late payment, we charge a flat-rate reminder fee of € 5.50 per reminder.

6. Retention of title

Any goods delivered remain the property of TOPHAND until all of its claims have been met. The customer may only sell the reserved goods in the normal course of business and as long as he is not in default.

7. Liability

We are not liable for damages resulting from incomplete, delayed or non-performance of the agreed contractual service if these are caused by fire, strikes, lockouts, force majeure, delays in delivery by suppliers or by other circumstances and disruptions beyond our control. Furthermore, claims for damages by the customer, regardless of type and legal basis – excluding those for injury to life, body and health – are excluded unless the damage was caused by us, our representatives or vicarious agents with culpable intent or gross negligence or is not based on a corresponding breach of essential contractual obligations by us.

TOPHAND accepts no liability for damage that occurs during the installation of mechanical security products (latches, bar locks and other mechanical security devices) to adjacent components (facades, tiles, wallpaper, floors, window sills, door/window frames, etc.), unless this was caused intentionally.

8. Complaints, defects, return

The customer must check the goods delivered and the work carried out immediately after receipt or completion and submit any complaints about defects to TOPHAND in writing within a deadline of 8 days. All goods made specifically for the customer according to their specifications cannot be returned.

9. Data storage

In accordance with Section 28 of the Federal Data Protection Act (BDSG), we would like to point out that the data required for the business transaction is processed and stored using an IT system in accordance with Section 33 (BDSG). Personal data will of course be treated confidentially and will not be passed on to third parties unless necessary for order processing.

10. Validity of the terms and conditions

If one or more provisions of these terms and conditions are invalid, this does not affect the validity of the remaining terms and conditions.

11. Place of jurisdiction

For merchants and companies, the place of jurisdiction is the registered office of TOPHAND, Hamburg.