Terms and Conditions (T&C)
1. Scope
These Terms and Conditions (T&C) apply to all orders placed by consumers and entrepreneurs through our online shop. A consumer is any natural person who enters into a transaction for purposes primarily unrelated to their commercial or self-employed professional activity. An entrepreneur is a natural or legal person or a legally capable partnership that acts in the course of its commercial or self-employed professional activity when concluding a transaction. Regarding entrepreneurs, the use of conflicting or supplementary General Terms and Conditions (GTC) is expressly rejected unless explicitly agreed upon by us.
2. Contracting Party, Conclusion of Contract, Correction Options
The purchase contract is concluded with HAJUS AG.
The presentation of products in the online shop is not a legally binding offer but rather a non-binding online catalog. You can add our products to your shopping cart non-bindingly and correct your entries before submitting your binding order at any time by using the correction tools provided and explained for this purpose during the ordering process. By clicking the order button, you make a binding offer for the items contained in the shopping cart. The confirmation of the receipt of your order is sent by email immediately after sending the order. We accept your offer within two days by sending a separate acceptance declaration by email or, if necessary, by performing the payment transaction through our service provider or the selected payment service provider. The timing of the payment transaction depends on the selected payment method (see "Payment"). The relevant alternative for you depends on which of the listed events occurs first.
3. Language of the Contract, Storage of the Contract Text
The language(s) available for concluding the contract: German, English
We store the contract text and send you the order data and our T&C in text form. The contract text is no longer accessible on the Internet for security reasons.
4. Delivery Conditions
In addition to the prices of the products indicated, shipping costs apply. Further information on shipping costs can be found in the offers.
We only deliver by shipping. Unfortunately, it is not possible to pick up the goods yourself.
We do not deliver to PO boxes.
5. Payment
In our shop, you have the following payment options in principle:
Advance payment: When choosing the payment method advance payment, we will provide you with our bank details in a separate email and deliver the goods after receiving payment.
6. Right of Withdrawal
Consumers have the legal right of withdrawal as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of withdrawal.
7. Retention of Title
The goods remain our property until full payment is made. For entrepreneurs, it is additionally agreed that we retain ownership of the goods until all claims from an ongoing business relationship have been settled. You are authorized to resell the reserved goods in the ordinary course of business; you hereby assign to us in advance all claims arising from such resale - regardless of any connection or mixing of the reserved goods with a new item - in the amount of the invoice, and we accept this assignment. You are still authorized to collect the claims, but we may also collect the claims ourselves if you do not meet your payment obligations. We will release the securities we hold upon your request to the extent that the realizable value of the securities exceeds the claims by more than 10%.
8. Transport Damage
For consumers: If goods are delivered with obvious transport damage, please report such defects to the delivery agent as soon as possible and contact us immediately. Failure to make a complaint or contact has no consequences for your legal claims and their enforcement, especially your warranty rights. However, it helps us to assert our own claims against the carrier or transport insurance.
For entrepreneurs: The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the forwarder, carrier, or other person or institution designated to carry out the shipment.
9. Warranty and Guarantees
9.1 Warranty Rights for Defects
Unless otherwise expressly agreed below, the statutory warranty rights apply.
The following limitations and shortening of periods do not apply to claims for damages caused by us, our legal representatives, or vicarious agents in case of injury to life, body, or health in case of intentional or grossly negligent breach of duty as well as fraudulent intent in the case of violation of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance of which the contractual partner may regularly rely (cardinal obligations) within the framework of a guarantee promise, if agreed, or insofar as the scope of application of the Product Liability Act is opened. Limitations against entrepreneurs With regard to entrepreneurs, only our own information and the manufacturer's product descriptions included in the contract are considered an agreement on the quality of the goods; we assume no liability for public statements by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for warranty claims for newly manufactured items is one year from the transfer of risk. The statutory limitation periods for claims for recourse under Section 445a of the German Civil Code remain unaffected. Regulations for merchants The inspection and complaint obligation regulated in Section 377 of the German Commercial Code (HGB) applies to merchants. If you fail to make the notification specified there, the goods are considered approved unless it is a defect that was not recognizable during the inspection. This does not apply if we have fraudulently concealed a defect.
9.2 Guarantees and Customer Service
Information on any additional guarantees that may apply and their precise conditions can be found with the product and on special information pages in the online shop.
10. Liability
For claims for damages caused by us, our legal representatives, or vicarious agents, we are always liable in the event of injury to life, body, or health, in the case of willful or grossly negligent breach of duty, in the case of a guarantee promise, if agreed, or insofar 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 enables the proper execution of the contract in the first place and on which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, our legal representatives, or vicarious agents, liability is limited to the amount of the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.
11. Dispute Resolution
The European Commission provides a platform for online dispute resolution (ODR), which you can find here. Consumers have the option to use this platform to settle their disputes.
To settle disputes arising from a contractual relationship with a consumer or whether such a contractual relationship exists at all, we are obligated to participate in dispute resolution proceedings before a consumer arbitration board. The competent body is the Universal Arbitration Board of the Center for Mediation e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de. We will participate in a dispute resolution procedure before this body.
12. Final Provisions
If you are an entrepreneur, German law applies, excluding the United Nations Convention on Contracts for the International Sale of Goods.
If you are a merchant within the meaning of the German 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 registered office.
T&C created with the Trusted Shops Legal Text Generator