Liability for Damages
For the liability of Hansgrohe SE, irrespective of the legal basis, the following applies:
- Our liability for damages caused by us or one of our vicarious agents [Erfüllungsgehilfe] or legal representatives through wilful intent or gross negligence is unlimited in amount. In case of damages arising from injury to life, physical wellbeing or health, the liability is unlimited in amount even in cases of a simple negligent breach of duties by us or one of our vicarious agents or legal representatives.
- For slight negligence we are otherwise only liable to the extent this concerns the breach of an obligation which is an essential requirement for the orderly execution of the contract and upon whose fulfilment the user therefore does and can rely (essential contractual obligation). In case of a violation of essential contractual obligations – as long as this is not a case pursuant to clause 1 – the liability is limited to damages which can typically be expected to incur within the scope of the use of our website.
- The exclusions or limitations of liability do not apply insofar as we fraudulently conceal a defect, have assumed a warranty for the composition of the item, or bear liability pursuant to mandatory statutory provisions such as the product liability laws.
- In all other respects our liability is excluded.
- The claim of the purchaser to the reimbursement of expenditure incurred in vain instead of the damage claim in lieu of performance remains unaffected.