General terms and conditions of business
The following terms and conditions apply to all orders placed via our online shop by consumers and entrepreneurs.
A consumer is any natural person who concludes a legal transaction for purposes that cannot primarily be attributed to their commercial or independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
These General Terms and Conditions also apply to future business relationships with entrepreneurs, without us having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; They only become part of the contract if we have expressly agreed to this.
2. Contractual partner, conclusion of contract
The purchase contract is concluded with Heinz Hartmann GmbH.
The presentation of the products in the online shop does not represent a legally binding offer, but rather a non-binding online catalog. You can first place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the information provided for this in the ordering process and use the correction aids explained. By clicking the order button, you place a binding order for the goods contained in your shopping cart. Confirmation of receipt of your order will be sent by email immediately after you submit the order.
When the contract with us comes into effect depends on the payment method you choose:
Cash on delivery
We accept your order by sending a declaration of acceptance in a separate email or by delivering the goods within two days.
Payment in advance
We will accept your order by sending a declaration of acceptance in a separate email within two days, in which we will provide you with our bank details.
As part of the PayPal Plus payment service, we offer you various payment methods as PayPal Services. After placing the order, you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the payment instruction to PayPal. This creates a contract with us.
3. Contract language, contract text storage
The languages available for concluding the contract are German and English.
The contract text is not stored by us.
4. Delivery conditions
In addition to the stated product prices, there are shipping costs. You can find out more about the shipping costs in the offers.
We only deliver by mail. Unfortunately, a self collection of the product is not possible.
We do not deliver to packing stations.
The following payment methods are generally available to you in our shop:
Payment in advance
If you choose the advance payment method, we will give you our bank details in a separate email and deliver the goods after receipt of payment.
Cash on delivery
You pay the purchase price directly to the delivery person. There is an additional cost of 6.50 euros.
As part of the PayPal Plus payment service, we offer you various payment methods as PayPal Services. You will be redirected to the website of the online provider PayPal. There you can provide your payment details, confirm the use of your data by PayPal and the payment instruction to PayPal.
If you have chosen the PayPal payment method, in order to be able to pay the invoice amount, you must be registered there or first register and authenticate yourself with your access data. Immediately after sending the goods, we request PayPal to initiate the payment transaction. The payment transaction is carried out automatically by PayPal. You'll get more information during the ordering process.
If you have chosen the credit card payment method, you do not need to be registered with PayPal in order to pay the invoice amount. Once you have been authenticated as the legitimate cardholder, the payment transaction will be carried out by your credit card company at the request of PayPal immediately after the goods have been dispatched and your card will be charged. You'll get more information during the ordering process.
If you have chosen the direct debit payment method, you do not need to be registered with PayPal in order to pay the invoice amount. By confirming the payment order, you give PayPal a direct debit mandate. PayPal will inform you of the date of the account debit (so-called prenotification). By submitting the direct debit mandate, PayPal requests its bank to initiate the payment transaction immediately after the goods have been dispatched. The payment transaction will be processed and your account will be charged. You'll get more information during the ordering process.
If you have chosen the invoice payment method, you do not need to be registered with PayPal in order to pay the invoice amount. After successful address and creditworthiness checks and submission of the order, we assign our claim to PayPal. In this case, you can only make payments to PayPal with debt-discharging effect. In addition to our general terms and conditions, the general terms and conditions and data protection declaration of PayPal apply to payment processing via PayPal. Further information and PayPal's complete terms and conditions for purchasing on account can be found here: https://www.paypal.com/de/webapps/mpp/ua/pui-terms?locale.x=de_DE .
Payment in installments
In collaboration with the online service provider Installment Payment Powered by PayPal, we offer you the option of purchasing in installments. The prerequisite is a successful address and credit check. In addition to our general terms and conditions, the general terms and conditions and data protection declaration of Installment Payment Powered by PayPal apply to payment processing. Further information and the complete terms and conditions of installment payment Powered by PayPal for installment purchase can be found here: https://www.paypal.com/de/webapps/mpp/ua/legalhub-full?locale.x=de_DE
6. Retention of title
The goods remain our property until full payment.
The following also applies to entrepreneurs: We reserve ownership of the goods until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; You assign all claims arising from this resale to us in advance - regardless of whether the reserved goods are combined or mixed with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations.
7. Transport damage
The following applies to consumers:
If goods are delivered with obvious transport damage, please report such errors to the delivery person as soon as possible and please contact us immediately. Failure to make a complaint or contact us has no consequences whatsoever for your legal claims and their enforcement, in particular your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance company.
The following applies to entrepreneurs:
The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the freight forwarder, the freight carrier or the person or institution otherwise designated to carry out the shipment. The obligation to inspect and report complaints regulated in Section 377 of the German Commercial Code (HGB) applies to merchants. If you fail to make the notification regulated there, the goods are deemed to have been approved, unless there is a defect that was not apparent during the inspection. This does not apply if we have fraudulently concealed a defect.
8. Warranty and Guarantees
Unless expressly agreed otherwise below, the statutory liability law applies. For consumers, the limitation period for claims for defects in used items is one year from delivery of the goods.
For entrepreneurs, the limitation period for claims for defects is one year from the transfer of risk; the statutory limitation periods for the right of recourse according to § 478 BGB remain unaffected.
For entrepreneurs, only our own information and the manufacturer's product descriptions, which were included in the contract, are deemed to be an agreement regarding the quality of the goods; We assume no liability for public statements made by the manufacturer or other advertising statements.
If the delivered item is defective, we will first provide a warranty to entrepreneurs at our discretion by eliminating the defect (repair) or by delivering a defect-free item (replacement delivery).
The above restrictions and shortened deadlines do not apply to claims due to damage caused by us, our legal representatives or vicarious agents
- in case of injury to life, body or health
- in the event of intentional or grossly negligent breach of duty or fraud
- in the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on whose compliance the contractual partner can regularly rely (cardinal obligations)
- as part of a guarantee promise, if agreed
- as far as the scope of application of the Product Liability Act is opened.
Information about any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.
We always have unlimited liability for claims due to damage caused by us, our legal representatives or vicarious agents
- in the event of injury to life, body or health,
- in the event of intentional or grossly negligent breach of duty,
- in the case of guarantee promises, if agreed, or
- as far as the scope of application of the Product Liability Act is opened.
In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on whose compliance the contractual partner can regularly rely, (cardinal obligations) due to slight negligence on the part of us, our legal representatives or vicarious agents, the liability is limited to the amount foreseeable at the time the contract was concluded Damage that typically has to be expected is limited. Otherwise, claims for damages are excluded.
10. Code of Conduct
We have adhered to the following codes of conduct:
Trusted Shops quality criteria
11. Dispute Resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find here https://ec.europa.eu/consumers/odr/ .
We are prepared to take part in an out-of-court arbitration procedure before a consumer arbitration board.
The General Consumer Arbitration Board of the Center for Arbitration eV, Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de is responsible.
12. Final provisions
If you are an entrepreneur, German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
If you are a merchant within the meaning of the Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.
As of June 1, 2018