General Terms and Conditions

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Terms and Conditions with customer information
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Contents
1. Scope
2. Conclusion of contract
3. Right of withdrawal
4. Prices and terms of payment
5. Delivery and shipping conditions
6. Retention of title
7. Liability for defects (warranty)
8. Applicable law
9. Jurisdiction
10. Alternative Dispute Resolution

 

 

1) Scope

1.1 These General Terms and Conditions (herinafter referred to as  "GTC") of Enrico Weigel, trading as "habco" (herinafter referred to as  "Seller"), apply to all contracts concerning the delivery of products, entered into by a consumer or a business entity (herinafter referred to as  "Customer") and the Seller in respect of the Sellers merchandise displayed in his online shop. Hereby, the Customers‘ inclusion of their own terms and conditions is explicitly objected, unless otherwise stipulated.

1.2 For the purposes of these GTC, a consumer is deemed to be any natural person, who enters into a legal transaction for a purpose  that can neither be assigned to their commercial, nor to their independent professional activity. A business entity in the sense of these GTC is any natural or legal person or partnership with legal capacity, who on concluding the contract is acting in pursuit of their commercial or independent professional activities.

2) Conclusion of the Contract

2.1 The merchandise displayed in the Seller’s online shop is not a binding offer by the Seller but serves the purpose of inviting the customer to make a binding offer to the seller.

2.2 The Customer may submit the offer via the online order form, which is integrated in the Seller’s online shop. By submitting the order in the internet shop, the Customer makes a legally binding offer towards the conclusion of a sales contract concerning the goods contained in the shopping cart. At the time of submitting the order, the Customer accepts also those terms and conditions as solely relevant for the legal relationship with the supplier. In addition, the Customer can also submit an offer via phone, fax, e-mail, or online contact form.

2.3 The Seller can accept the Customer’s offer within 5 days, - by sending a written order confirmation or an order confirmation in text form (fax or e-mail), where receipt of the order confirmation by the Customer is crucial, or – by delivering the ordered merchandise, where receipt of the merchandise by the Customer is crucial, or – by requesting payment upon receiving the Customer’s order.

In the event that more than one of the aforementioned alternatives occurs, the contract is formed at the point in time when one of the aforementioned scenarios first takes place. The period for acceptance of the offer begins the day after the offer is sent by the Customer and ends with the expiry of the fifth day, following the submission of the offer. Should the Seller not accept the Customer’s offer within this period, the offer is considered to be rejected and consequently the Customer is no longer obliged to abide by his declaration of intention to conclude a contract.

2.4 When selecting the payment method „PayPal Express“, payment will be processed through the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: „PayPal“), in accordance with the PayPal Terms of Use, which can be found at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or in case the Customer does not have a PayPal account, at  https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. When selecting „PayPal Express“, and clicking the final button during the order process, the Customer also authorizes PayPal to initiate a payment order. In this event, the Seller declares acceptance of the Customer’s offer at the time the Customer clicks the final button which triggers the payment processing.

2.5 When submitting the offer via the Seller’s online order form , the text of the contract is saved by the Seller and will be sent along with the GTC (in text form e.g. e-mail, fax, or letter) subsequent to the Customer‘s order. In addition, the terms of the contract are stored on the Seller’s website. Provided the Customer has created an account, the Customer can access this information free of charge via the Customer‘s password protected account by entering the respective login detail.

2.6 Prior to submitting the binding order, using the online order form, the Customer can detect any potential errors by carefully reading the information displayed on the screen. The zoom function of the browser, which can be used to enlarge the information displayed on the screen, can be a useful tool for a better detection of errors. The Customer can correct his entries using the usual keyboard and mouse functions up until the final button, which finalizes the order, is clicked.

2.7 The contract can be entered into in German only.

2.8 Order processing and customer contact generally take place via e-mail and automated order processing. In order to receive e-mails from the Seller, it is the Customer's responsibility to ensure that the e-mail address provides is accurate. In particular, when using a spam filter, the Customer has to ensure that all e-mails related to the order processing sent by the vendor or authorized third parties can be delivered.

3) Right of Cancellation

3.1 Consumers are entitled to the right of cancellation

3.2 Detailed information about the right of cancellation can found in the Seller’s cancellation policy.

4) Prices and Terms of Payment

4.1  If applicable, additional shipping and delivery costs will be shown separately.

4.2 Methods of payment will be presented in the Seller’s online shop.

4.3 When advance payment via bank transfer is agreed upon, the payment is due immediately following the conclusion of the contract, unless the parties agreed on a different due date.

4.4 When using the payment method „PayPal Express“, payment will be processed through the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: „PayPal“), in accordance with the PayPal Terms of Use, which can be found at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or in case the Customer does not have a PayPal account, at  https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

4.5 When selecting the payment option „SOFORT Überweisung“, payment processing will be facilitated through the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 München (hereinafter: „SOFORT“). To pay the invoice amount via SOFORT transfer, the Customer’s online account needs to have a PIN/TAN system and be activated to participate in SOFORT transfers. The Customer also needs to follow the legitimization procedures and confirm the payment processing through SOFORT. Following immediately, the payment will be processed through SOFORT and the Customer’s bank account will be charged. Detailed information concerning the payment processing via SOFORT transfer can be obtained at https://www.sofort.com/ger-DE/kaeufer/su/so-funktioniert-sofort-ueberweisung/.

5) Delivery and shipping terms

5.1 The merchandise is delivered by means of the shipping method selected and to the delivery address indicated by the Customer, unless otherwise agreed upon. When processing the transaction the delivery address specified during the order process is decisive.

5.2 Should the carrier company return the merchandise to the Seller, because delivery to the Customer was not possible, the Customer will have to pay the costs for the unsuccessful delivery. This does not apply if the Customer exercises his/her right of cancellation, is not at fault for the circumstances that led to the unsuccessful delivery, or is temporarily unable to accept the delivery, unless the Seller had notified the Customer of the service within a reasonable time period ahead of time.

5.3 Customer pick-ups are not possible due to logistical reasons.

5.4. When shipping to non-EU countries, we would like to point out that additional costs such as customs duty and customs fees may apply. These additional costs are borne by the buyer. Please inform yourself before each order to your local authority.

6) Retention of Title

Should the Seller advance payment/performance, he shall retain title to the shipped merchandise up until the fulfillment of all claims arising as a result of the transaction.

7) Liability for defects and warranty

7.1 Should the merchandise be defective, the statutory provisions related to liability for defects apply.

7.2 The customer is requested to inform the carrier company of any obvious transportation damage immediately and inform the Seller of such event.  Failure to do so does not impact the Customer’s statutory or contractual rights.

8)  Applicable law

All legal relationships of the Parties are subject to the laws  of Federal Republic of Germany except for the laws concerning the international purchase of moveable goods.

These provisions of the governing law shall apply to consumers only to the extent that mandatory statutory provisions of the country of which the Consumer is a resident are not withdrawn.

9) Jurisdiction
If the customer acts as a merchant, legal entity under public law or special fund under public law domiciled in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the place of business of the seller. If the customer is located outside the territory of the Federal Republic of Germany, the place of business of the seller is the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims from the contract can be attributed to the customer's professional or commercial activity. However, in the above cases, the seller is in any case entitled to call the court at the customer's place of business.

10) Alternative Dispute Resolution

10.1 The EU commission provides a platform for the online settlement of disputes at:

http://ec.europa.eu/consumers/odr

This platform serves as an interface for out of court dispute settlements resulting from online purchase or service contracts in which a consumer is involved.

10.2 The Seller is neither obligated nor willing to be part of a dispute settlement facilitated by an arbitration board.

 

   AGB