Liability for Compensation as of October 2011.
Regardless of the legal basis, the following applies to the liability of Hansgrohe Pty Ltd.
1. Our liability for damages that have been caused by us or one of our vicarious agents or legal representatives intentionally or through gross negligence is unlimited. Our liability for damages arising from death, physical injury or damage to health which have been caused by us or one of our vicarious agents or legal representatives, including in the event of simple negligence, is also unlimited.
2. In cases of slight negligence, we are only liable if an obligation is violated without which the contract could not be correctly implemented and in the fulfilment of which the user therefore trusts or can trust (fundamental contractual obligation). If fundamental contractual obligations are breached, and providing the cases presented in clause 1 do not apply, liability is limited to such damages that could typically be expected to arise within the framework of using our website.
3. The limitations of liability and restrictions do not apply if we have fraudulently concealed a fault, given a guarantee of the condition of the item or are liable according to mandatory legal regulations such as product liability laws.
4. Liability in all other cases is excluded.
5. The purchaser’s entitlement to the reimbursement of futile expenditures in lieu of claims for damages instead of the service remains unaffected.