TERMS OF SERVICE
TERMS AND CONDITIONS (GTC)
1. APPLICABILITY
(1) This general terms and conditions („GTC“) apply to all sales contracts that you conclude with Hin & her UG (haftungsbeschränkt), represented by the managing director Alexander Rudolph, Tiroler Straße 23, 82515 Wolfratshausen, Germany, commercial register number HRB 251081 of the Munich District Court. The GTC become part of every purchase contract concluded with us via our website.
(2) We do not recognize any deviating general terms and conditions unless we expressly agree to their validity in writing.
(3) These GTC and conditions apply to both consumers and entrepreneurs.Terms and conditions that only apply to entrepreneurs are expressly named in our GTC.A consumer is any natural person who concludes a legal transaction for purposes that can largely not be attributed to their commercial or independent professional activity. An entrepreneur is any natural or legal person or a legal partnership that acts in the course of a legal transaction in the exercise of its independent professional or commercial activity.
2. CONCLUSION OF CONTRACTS
(1) You can select goods from our assortment and collect them in a virtual shopping cart using the "add to cart" button.
(2) The presentation of our goods is not a binding offer, but only an invitation to you to submit an offer to us.
(3) With the button "order" you submit an order with a binding offer to purchase the goods in the shopping cart. You can view and change the data at any time before submitting an order. An order can only be submitted if you have accepted these GTC by clicking on the "Accept general terms and conditions" button and the GTC have become an part of your offer without any changes.
(4) We will then send you an automatic confirmation of receipt of your order by email, in which your order will be listed again and which you can print out or save electronically using the "Print" function. This automatic confirmation of receipt only documents that the order has been received and does not yet constitute an acceptance of your offer to purchase goods.
(5) A contract will only be concluded with an order confirmation, which is sent with a separate email. In this e-mail or in a separate e-mail, but at the latest when the goods are delivered, we will send you the contract data (consisting of the order, our GTC and the order confirmation) on a permanent data medium (e-mail or paper printout). If you request a quote outside of the online shopping system, you will receive the contract data in text form as part of a binding offer, e.g. by email, which you can print out or save electronically.
(6) If a selected good is temporarily out of stock at the time of your order, we will inform you in the order confirmation and provide you with the expected delivery time. If the selected good is permanently unavailable at the time of the order, we will not confirm the order and inform you accordingly and a contract will not be concluded in this case.
(7) If you use an instant payment system, e.g. PayPal as a payment method, you will either be directed to the order overview page in our online shop or you will first be redirected to the website of the provider of the instant payment system. If you are forwarded to the respective instant payment system, make the appropriate selection or entry of your data there. Thereafter, you will be redirected to our online shop’s order overview page.
(8) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partially automated by e-mail. You must ensure that the e-mail address you have provided is correct, the receipt of the e-mails is technically ppossible and in particular not prevented by a SPAM filter.
3. IDENTITY AND AGE CONTROL
In order to make every purchase safe for you and us, we only sell and hand over our goods to recipients who are eighteen years or older. Before submitting your offer, you must confirm that all information regarding your name, address and age is correct. If the recipient is another person, you confirm that all information regarding name, address and age is correct. We have to the right to request respective prove at any time.
4. PRICES AND PAYMENT
(1) All prices include the applicable statutory sales tax.
(2) Despite greatest efforts, a small number of the goods in our catalog may be priced incorrectly. We check the prices when we process your order and before we charge the payment. If a product is priced incorrectly and the correct price is higher than the price on the website, we will contact you to ask if you want to buy the product at the correct price or cancel the order. If the correct price of a product is lower than the price we specify, we will charge the lower amount and send the product to you.
(3) Shipping costs are not included in the purchase price. They can be seen on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you, unless free delivery free is expressly agreed.
(4) Depending on the offer, you can pay as follows: Prepayment by bank transfer, payment by credit card, payment by PayPal, payment by bank transfer or on account. Payment on account is only possible for registered customers and for new customers with the first order only up to an maximum order value of 100 EUR.
You can change the payment method saved in your user account at any time.
(5) Payment of the purchase price is due immediately upon conclusion of the contract. When paying by credit card, your credit card account is debited upon conclusion of the contract. When purchasing on account, payment on account must be settled within 14 days after conclusion of the contract.
(6) If the due date of the payment is determined according to the calendar, your are automatically at default if the due date is exceeded. In this case, default interest will be charged in the amount of 5 % above the base rate of the German Federal Bank (Deutsche Bundesbank). In case you act as entrepreneur, default interest will be charged in the amount of 9 % above the base rate of the German Federal Bank (Deutsche Bundesbank).
(7) Your obligation to pay default interests does not exclude further damage claims.
5. DELIVERY
(1) We have the following delivery restrictions: We only sell and deliver (i) to consumers who have their residence (billing address) in Germany and can specify a delivery address in Germany, and (ii) to entrepreneurs who have their place of business (billing address) in Germany and can provide a delivery address in Germany, and (iii) to entrepreneurs who have their place of business (billing address) in the European Union and can provide a delivery address in their country. Proof of entrepreneurship and VAT identification number must be provided.
(2) Delivery times specified are calculated from the time of the order confirmation, provided the purchase price has been paid in advance (except for purchase on account). Unless a different period is specified in the respective offer, the delivery of the goods made within 3 - 5 days. The delivery date depends on the logistics company and we cannot make any binding commitments in this regard.
(3) Notes on the availability of products that we sell, including information on the shipping or delivery of a product, are only expected information and approximate guide values. They do not represent binding or guaranteed shipping or delivery dates, unless this is expressly designated as a binding date for the shipping options of the respective product.
(4) In case a delivery is not possible because the recipient cannot be reached at the specified delivery address, the customer bears the costs of the unsuccessful and new delivery.
(6) In case you are an entrepreneur, the place of performance is our business seat.
6. RETENTION OF TITLE
The delivered goods remain our property until full payment has been made.
7. WARRANTY
(1) Warranty exists according to the legal regulations. An additional guarantee only exists if this has been expressly stated in the order confirmation for the respective article.
(2) If you are an entrepreneur, the warranty period is 6 months. Entrepreneurs must examine the delivered goods for damage immediately and report any damages in writing within 7 calendar days.
8. CUSTOMER ACCOUNT
(1) If you use a customer account, you are responsible for ensuring the confidentiality of your account and password and for restricting access to your computer and your mobile devices, and to the extent permitted under applicable law, you agree to all activities to be responsible, which are made through your account or password.
(2) You take all necessary steps to ensure that your password is kept secret and kept safe and you should inform us immediately if you have any concerns that a third party has gained knowledge of your password or that the password is being used unauthorized or it is likely. It is your responsibility to ensure that the information you give us is correct and complete and that you notify us of any changes in the information you provide.
(3) You may not use your account: (i) in a manner that is likely to disrupt, interrupt, damage or otherwise interfere with our web shop or access, or (ii) for fraudulent purposes or in Associated with an administrative offense, criminal offense or other illegal activity or (iii) to cause nuisance, inconvenience to us and third parties.
(4) We reserve the right to withhold services on the website or to close customer accounts. This applies in particular in the event that you violate applicable law and contractual agreements including these terms and conditions.
9. ELECTRONIC COMMUNICATION
When you send us emails, text messages or other communications from your computer or mobile device, you are communicating with us electronically. We will communicate with you in various ways electronically via email or other communication on our website. For contractual purposes, you agree that all consents, notifications, publications and other communication that we communicate to you electronically do not require a written form, unless mandatory legal regulations require another form of communication.
10. COPYRIGHT AND DATABASE RIGHTS
All content provided by us, such as text, photos, graphics, logos, button icons, images, audio clips, digital downloads and data collections, is our intellectual property or that of third parties who supply content or provide it on the website, and is protected by German and international copyright and database law. You must not copy, extract and / or reuse parts without our expressed prior written consent. In particular, you must not use any data mining, robots or similar data collection and extraction programs to extract any essential parts of our offer for reuse (whether one-time or multiple) without the expressed prior written consent of us. Furthermore, you may not create and / or publish your own database that contains essential parts of our offer (e.g. our prices and product information) without our express written consent.
11. PRIVACY
Personal data of users are processed in accordance with our privacy policy.
12. LIABILITY
(1) Claims for damages are excluded. Exceptions are claims for damages from injury to life, limb, health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages that are based on an intentional or grossly negligent breach of a duty by us, our legal representatives or vicarious agents. Essential contractual obligations (cardinal obligations) are those whose fulfillment is necessary to achieve the objective of the contract.
(2) In the event of a breach of essential contractual obligations, we are only be liable for the foreseeable damage typical for the contract if this was caused by negligence, unless claims for damages from injury to life, limb or health are concerned.
(3) The restrictions in paragraphs 1 and 2 also apply to our legal representatives and vicarious agents if claims are asserted directly against them.
(4) The limitations of liability resulting from paragraphs 1 and 2 do not apply insofar as we maliciously concealed the defect or expressly assumed a guarantee for the quality of the good. The same applies if we have expressly made an agreement with you about the nature of the good. The provisions of the Product Liability Act remain unaffected.
13. SEVERABILITY CLAUSE
The contract remains binding in its remaining parts even if individual parts are legally ineffective. If applicable, the statutory provisions replace the ineffective parts. Insofar as this would represent an unreasonable hardship for a contracting party, the contract as a whole will become ineffective.
14. CHOICE OF LAW
(1) The substantive laws of the Federal Republic of Germany applies, whereby this choice of law also applies to non-contractual claims within the meaning of Article 14 (1) (b) of Regulation (EC) No. 864/2007. The provisions of the United Nations Convention on Contracts for the International Sale of Goods are excluded.
(2) For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state of the residence of the consumer is not withdrawn.
15. ARBITRATION
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at https://ec.europa.eu/odr
16. VENUE
(1) Insofar as the customer is an entrepreneur, Munich is the exclusive place of jurisdiction for all disputes arising from or in connection with a contract, whereby this rule of jurisdiction also applies to non-contractual claims within the meaning of Regulation (EC) No. 864/2007.
(2) For consumers, the default legal rules apply.
WITHDRAWAL
When concluding a distance selling transaction, consumers generally have a statutory right of withdrawal, which we will inform you about in accordance with the legal model below. A consumer is any natural person who concludes a legal transaction for purposes that can largely not be attributed to their commercial or independent professional activity. An entrepreneur is any natural or legal person or a legal partnership that, when concluding a legal transaction, acts in the exercise of its independent professional or commercial activity.
INFORMATION ABOUT THE RIGHT OF WITHDRAWAL
RIGHT OF WITHDRAWAL
You have the right to cancel this contract within 14 days without giving any reason. The cancellation period is 14 days from the day
- on which you or a third party named by you, who is not the carrier, has taken possession of the goods, provided that you have ordered one or more goods as part of a uniform order and that these are or will be delivered uniformly;
- on which you or a third party named by you, who is not the carrier, has taken possession of the last goods, provided you have ordered several goods as part of a single order and these are delivered separately
In order to exercise your right of withdrawal, you must represent us, the Hin & her UG (limited liability) represented by the managing director Alexander Rudolph, Tiroler Straße 23, 82515 Wolfratshausen, Germany, commercial register number HRB 251081 of the Munich District Court by means of a clear declaration (e.g. a letter sent by post Letter or email) of your decision to cancel this contract.
You can use the attached model withdrawal form, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your communication regarding your exercise of the right of cancellation before the cancellation period expires.
CONSEQUENCES OF THE WITHDRAWAL
If you cancel a contract, all payments we have received from you, including delivery costs (with the exception of the additional costs that result from the fact that you chose a different type of delivery than the cheapest standard delivery we offer have) will be repaid immediately within latest 14 days from the day on which we received notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.
We can refuse the repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us immediately and in any event no later than 14 days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the 14 days period has expired.
You bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling that is not necessary for checking the nature, properties and functionality of the goods.
Exclusion or expiry reasons of the right of withdrawal
The right of withdrawal does not exist for contracts
- for the delivery of goods which are not prefabricated and for the manufacture of which an individual choice or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
- for the delivery of alcoholic beverages, the price of which was agreed when the contract was concluded, but which can be delivered at the earliest 30 days after the contract was concluded and whose current value depends on fluctuations in the market over which the entrepreneur has no influence;
The right of withdrawal expires prematurely for contracts
- for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery;
- for the delivery of goods if, due to their nature, these have been inseparably mixed with other goods after delivery.
SAMPLE WITHDRAWAL
If you want to withdraw from the contract, you can fill out this sample declaration of withdrawal and send it to us. The use of this sample declaration is not mandatory and you can send us your withdrawal also in another form.
To hin & her UG (limited liability) represented by the managing director Alexander Rudolph, Tiroler Strasse 23, 82515 Wolfratshausen, Germany, email address info@aged-sake.de
- I / we (*) hereby withdraw from the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*)
- Ordered on (*) / received on (*)
- Name of the consumer (s)
- Address of the consumer (s)
- Signature of the consumer (s) (only for notification on paper)
- date
(*) Fill in information and / or delete where inapplicable.