Terms of service
GENERAL TERMS AND CONDITIONS
Overview
§ 1 Scope and Provider
§ 2 Conclusion of contract
§ 3 Prices
§ 4 Terms of payment; Default
§ 5 Set-off; Right of retention
§ 6 Delivery; Retention of Title
§ 7 Cancellation policy
§ 8 Damage in transit
§ 9 Warranty
§ 10 Liability
§ 11 Alternative dispute resolution
§ 12 Final provisions
(1) These General Terms and Conditions shall apply to all orders placed with the
the online store
H3DA
Daniel Herrmann
Linscheiderstr. 32
58579 Schalksmühle
operate.
(2) The offer of goods in our online store is aimed exclusively at buyers who have
have reached the age of 18.
(3) Our deliveries, services and offers are made exclusively on the basis of these
basis of these General Terms and Conditions. The General
Terms and Conditions apply to companies thus also for all future business
business relations, even if they are not expressly agreed upon again.
are expressly agreed upon. The inclusion of general terms and conditions of a customer,
which contradict our General Terms and Conditions of Business, is hereby
contradicted.
(4) The contract language is exclusively German.
(5) You can call up and print out the currently valid General Terms and Conditions of Business on our
website https://www.h3da.de/Service/AGB/ and print them out.
§ 2 Conclusion of contract
(1) The presentation of goods in the online store does not constitute a binding application for the
conclusion of a purchase contract. Rather, it is a non-binding invitation to order goods
invitation to order goods in the online store.
(2) By clicking the button Order now with obligation to pay, you submit a binding
binding offer to purchase (§ 145 BGB). Immediately before submitting this order
you can check the order again and correct it if necessary.
(3) After receipt of the purchase offer, you will receive an automatically generated e-mail, with which
confirming that we have received your order (confirmation of receipt).
This confirmation of receipt does not constitute an acceptance of your purchase offer. A
contract is not yet concluded by the confirmation of receipt.
(4) A contract for the purchase of the goods is only concluded when we expressly declare the
acceptance of the purchase offer (order confirmation) or if we deliver the goods - without prior
without prior express declaration of acceptance - to you. If
of the aforementioned alternatives, the contract is concluded at the time when one of the aforementioned
the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. Your request can
be accepted by us only up to the point in time at which you can expect the
the receipt of the answer under regular circumstances (§ 147 Abs. 2.
BGB). Exception: in case of payment in advance and PayPal the acceptance of the
order immediately with your order.
§ 3 Prices
The prices listed on the product pages include the statutory
VAT and other price components and do not include the respective
respective shipping costs. Further information on shipping costs can be found
on our website at https://www.h3da.de/widgets/cms/eea8158590234c74b9ec8319d999a8b7
§ 4 Terms of payment; Default
(1) Payment shall be made either by:
Klarna
PayPal
Immediate bank transfer
(2) The selection of the respective available payment methods is incumbent upon us. We reserve
in particular reserve the right to offer you only selected payment methods
for example, to protect our credit risk only advance payment.
(3) If you choose payment in advance, we will give you our bank details in the order confirmation.
the order confirmation. The invoice amount is to be paid within 10 days after
receipt of the order confirmation to our account.
(4) When paying with PayPal, you will be redirected to the website of the online provider PayPal during the order process.
online provider PayPal. In order to pay the invoice amount via PayPal
you must be registered there or register first, legitimize with your access data and
your access data and confirm the payment instruction to us.
After placing the order in the store, we ask PayPal to initiate the payment transaction.
payment transaction. You will receive further instructions during the order process. The
The payment transaction will be carried out automatically by PayPal immediately thereafter.
(5) In the case of payment by direct debit, you shall bear any costs incurred as a result of a chargeback of a payment transaction for lack of funds in the account.
a reversal of a payment transaction due to lack of funds in the account or due to incorrect bank
or due to incorrect bank details provided by you.
§ 5 Offsetting; Right of Retention
(1) You shall only have a right of set-off if your counter-claim has been
has been legally established, is not disputed or acknowledged by us, or is in a close
is in a close synallagmatic relationship to our claim.
(2) You may only exercise a right of retention if your counterclaim is based on the same contractual
same contractual relationship.
§ 6 Delivery; Retention of Title
(1) Unless otherwise agreed, delivery of the goods shall be made from our warehouse to the address
the address specified by you.
(2) The goods remain our property until full payment of the purchase price.
(3) We are exceptionally not obligated to deliver the ordered goods, if we
have duly ordered the goods but have not been supplied correctly or on time (congruent
delivered in time (congruent hedging transaction). The prerequisite is that
we are not responsible for the lack of availability of the goods and have informed you of this
and that we have informed you of this circumstance without delay. In addition, we must not have assumed the risk of
procurement of the ordered goods. In case of corresponding
unavailability of the goods, we will immediately reimburse any payments already
refunded immediately. We do not assume the risk of having to procure ordered goods (procurement risk).
(procurement risk), we do not assume. This also applies to the order of
goods that are only described in terms of their type and characteristics (generic goods).
We are only obliged to deliver from our stock of goods and the goods ordered by us from our suppliers.
ordered goods from our suppliers.
§ 7 Cancellation policy
In the event that you are a consumer within the meaning of § 13 BGB, ie the purchase for
purposes, which can be attributed predominantly neither to your commercial nor your independent
professional activity, you have a right of withdrawal in accordance with the following provisions.
according to the following provisions.
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving reasons.
to revoke this contract.
The revocation period is fourteen days from the day on which you or a third party named by you who is not the
third party, who is not the carrier, has taken possession of the goods.
or has.
To exercise your right of withdrawal, you must contact us at the following address
Company: H3DA
Address: Linschiederstr, 32, 58579 Schalksmühle, Germany
E-mail: shop@h3da.de
by means of an unambiguous declaration (e.g. a letter sent by mail
or e-mail) about your decision to revoke this contract.
To comply with the revocation period, it is sufficient that you send the notification about the
exercise of the right of revocation before the expiry of the revocation period.
Consequences of revocation
If you revoke this contract, we will return to you all payments we have received from
received from you, including the delivery costs (with the exception of the additional costs resulting
costs resulting from the fact that you have chosen a method of delivery other than the cheapest standard
of delivery other than the most favorable standard delivery offered by us) without
within fourteen days at the latest from the day on which the notification of your
your revocation of this contract has been received by us. For this repayment
the same means of payment that you used for the original transaction, unless with
used in the original transaction, unless expressly agreed otherwise with you; in no case
agreed with you; in no case will you be charged for this repayment.
charged for this repayment.
We may refuse repayment until we have received the goods back or until you have provided proof that
or until you have provided proof that you have returned the goods, whichever is the earlier.
the goods, whichever is the earlier.
You must return the goods immediately and in any case no later than fourteen days
days from the day on which you notify us of the revocation of this contract.
or to hand them over to us. The deadline is met if
you send the goods before the expiry of the period of fourteen days.
"You shall bear the direct costs of returning the goods."
You only have to pay for any loss of value of the goods if this loss of value is
loss of value is due to handling of the goods that is not necessary for testing the
the goods is not necessary to test the quality, characteristics and functioning of the goods.
End of the cancellation policy
(1) The right of revocation does not exist for the delivery of
- of goods that are not prefabricated and for the manufacture of which an individual selection or
selection or determination by the consumer is relevant or which are clearly
are clearly tailored to the personal needs of the consumer
(e.g. name badges, lithophanes),
(2) Please avoid damage and contamination. Please send the goods
in its original packaging with all accessories and packaging components.
packaging components to us. If necessary, use a protective
outer packaging. If you no longer have the original packaging, please ensure that it is
please use suitable packaging to provide sufficient protection against
damage in transit in order to avoid claims for damages due to inadequate packaging.
defective packaging.
(3) Please note that the modalities mentioned in the preceding paragraphs 2.
modalities are not a prerequisite for the effective exercise of the right of
are.
§ 8 Transport damage
(1) If goods are delivered with obvious transport damage, please complain immediately to the deliverer.
such defects immediately to the carrier and please contact us as soon as possible.
contact us as soon as possible.
(2) Failure to make a complaint or to contact us will not affect your statutory warranty rights.
legal warranty rights. They help us, however, our own
claims against the carrier or the transport insurance.
to be able to assert our own claims against the carrier or the transport insurance.
§ 9 Warranty
(1) Unless expressly agreed otherwise, your warranty claims shall be governed by the statutory provisions of the
warranty claims shall be governed by the statutory provisions of the law on sales (§§
433 et seq. BGB).
(2) We shall only be liable for claims arising from injury to life, body or health or from the
body or health or from the breach of an essential contractual obligation whose
contractual obligation, the fulfillment of which is a prerequisite for the proper
contract and on the observance of which the contractual partner may regularly rely (cardinal obligation).
(cardinal obligation) as well as for claims based on other damages,
which are based on a deliberate or grossly negligent breach of duty by the user or his
or his vicarious agents.
3) If you are an entrepreneur in the sense of § 14 BGB (German Civil Code), the statutory
provisions with the following modifications:
- Only our own specifications and the manufacturer's product description are binding for the quality of the goods.
the manufacturer's product description are binding, but not the public
statements and other advertising by the manufacturer.
- You are obligated to inspect the goods immediately and with due diligence for
and quantity deviations and to notify us of any obvious defects within
defects within 7 days of receipt of the goods. To meet the deadline
the timely dispatch is sufficient. This also applies to hidden defects discovered later
defects from the time of discovery. In the event of a breach of the duty to examine the goods and to give notice of defects
the assertion of warranty claims is excluded.
- In the event of defects, we shall, at our discretion, provide warranty by rectification or
replacement delivery (subsequent performance). In the event of rectification, we shall not be obliged to bear the
costs incurred by transporting the goods to a place other than the place of performance.
place other than the place of performance, provided that the transfer does not correspond to the intended use of the goods.
use of the goods as intended.
- If the subsequent performance fails twice, you may, at your option, demand a reduction in price or withdraw from the
or withdraw from the contract.
- The warranty period is one year from delivery of the goods.
§ 10 Liability
(1) Unlimited liability: We shall be liable without limitation for intent and gross
negligence and in accordance with the Product Liability Act. For slight
negligence, we shall be liable for damages resulting from injury to life, body and
and health of persons.
(2) In all other respects, the following limited liability shall apply: In the event of slight negligence, we shall be liable
only in the event of a breach of a material contractual obligation, the performance of which is
proper performance of the contract in the first place and on whose compliance you may
compliance with which you may regularly rely (cardinal obligation). The liability for
negligence is limited to the amount of the damages foreseeable at the time of the
foreseeable at the time of conclusion of the contract, the occurrence of which is typically
must be expected. This limitation of liability shall also apply in favor of our vicarious agents.
§ 11 Alternative Dispute Resolution
(1) The EU Commission has provided a platform for out-of-court dispute resolution.
provided. This gives consumers the opportunity to resolve disputes in connection with their
in connection with your online order without the intervention of a court. The dispute resolution platform can be accessed via the external link
http://ec.europa.eu/consumers/odr/.
(2) We will endeavor to resolve any disagreements arising from our contract
amicably. Beyond that, we are not obligated to participate in
We are not obliged to participate in arbitration proceedings and do not offer them.
§ 12 Final Provisions
(1) Should one or more of the provisions of these General Terms and Conditions be or become invalid,
the validity of the remaining provisions shall not be affected.
(2) Contracts between us and you shall be governed exclusively by German law
to the exclusion of the provisions of the United Nations Convention on Contracts for the
the International Sale of Goods (CISG, "UN Sales Convention"). Mandatory,
consumer law provisions of the country in which you usually reside shall remain
remain unaffected by the choice of law (in particular with regard to the conclusion of the contract and warranty law).
conclusion of the contract and warranty law).
(3) If you are a merchant, a legal entity under public law or a special fund under public law, our
legal special assets, our place of business shall be the place of jurisdiction for all
disputes arising from or in connection with contracts between us and you.
Copyright: HÄRTING Rechtsanwälte, www.haerting.de, vertragstexte@haerting.de
Chausseestraße 13,10115 Berlin, Phone (030) 28 30 57 40, Fax (030) 28 30 57 4