General Terms and Conditions and Customer Information of HängemattenFairkauf //Amele Dörnberg, Lesovik Germany, Berlin
A) General Terms and Conditions
§ 1 Basics
1.1 The General Terms and Conditions apply to all contracts that you conclude with HängemattenFairkauf, Bülowstraße 51, 10783 Berlin via our online shop/entrepreneur portal. Unless otherwise agreed, the following terms and conditions apply exclusively; if you use your own terms and conditions, these are expressly rejected.
1.2 Insofar as the term consumer is used in the following, a consumer within the meaning of § 13 BGB is any natural person who concludes a legal transaction for a purpose which is neither attributable to his commercial nor his independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who carries out legal transactions in the exercise of his or her independent professional or commercial activity.
§ 2 Conclusion of the contract
2.1 For entrepreneurs (commercial resellers, dealers, distributors)
2.1.1 The subject of the contract is the sale of goods. Our offers on the Internet are non-binding and do not constitute a binding offer to conclude a contract.
2.1.2 Rather, a binding offer to purchase is made when you order goods from us via the online shopping basket system. A binding purchase offer (order) on your part is made as soon as you have placed your order via the "Submit Order" button.
2.1.3 After sending your order, you will first receive an automatic e-mail confirming receipt of your orders, which in itself does not lead to the conclusion of a contract. Rather, a contract is concluded when your order is confirmed by the provision of an order confirmation (e.g. in your customer account or by e-mail) within 3 working days after sending your purchase offer.
2.1.4 If your company is based outside Germany, you are obliged to provide us with a valid VAT number. If you fail to do so, HF will assume that the Purchaser is a private individual or an entrepreneur who has not been issued a VAT registration number or who is not ordering on behalf of his or her company.
2.2 For consumers (end customers)
2.2.1 The subject of the contract is the sale of goods. Our offers on the Internet are non-binding and do not constitute a binding offer to conclude a contract.
2.2.2 Rather, a binding offer to purchase is made when you order goods from us via the online shopping basket system. A binding offer to purchase (order) on your part is made as soon as you have placed your order via the "order subject to payment" button.
2.2.3 After sending your order, you will first receive an automatic e-mail about the receipt of your order, which in itself does not yet lead to the conclusion of a contract. Rather, a contract is concluded when an automatic email with the specific shipping details of your order, including the tracking number of the parcel service, is sent to you after 3 working days at the latest. In the case of a shipping order via a forwarding service (pallet shipping)
no automatic dispatch of a tracking number takes place, here the conclusion of the contract is binding from the date of shipment of the order.
If you do not receive a corresponding message within the period of 3 working days, you are no longer bound to the order. Any services already rendered will be refunded immediately in this case.
§ 3 Prices and payment modalities
3.1 For entrepreneurs (commercial resellers, dealers, distributors)
3.1.1 Our prices are stated in the respective offers. Shipping costs, if any, are shown separately, at the latest, however, on the order overview before the order requiring payment. In exceptional cases, shipping costs, e.g. for freight forwarding deliveries, may only be disclosed after exact calculation of volume and weight.
3.1.2 The shipping costs incurred are not included in the purchase price in the offers listed by us. In the case of standard deliveries by parcel service providers, these are shown separately during the ordering process and are to be borne by you in addition to the offer price, unless free delivery has been agreed.
3.1.3 Unless otherwise stated, the payment claims arising from the concluded contract are due for payment immediately.
3.2 For consumers (end customers)
3.2.1 Our prices are stated in the respective offers; the shipping costs, if any, are also stated separately, at the latest, however, on the order overview prior to the order requiring payment. Shipping costs and our prices represent a total price that includes all price components including all applicable taxes.
3.2.2 The shipping costs incurred are not included in the purchase price in the offers listed by us. These will be shown separately during the ordering process and are to be borne by you in addition to the offer price.
3.2.3 Unless otherwise stated, the payment claims arising from the concluded contract are due for payment immediately.
3.2.4 In our shop, the following payment methods are generally available to you:
3.2.4.1 PayPal Plus
PayPal (Europe) S.à r.l. et Cie, S.C.A.
22-24 Boulevard Royal
L-2449 Luxembourg
R.C.S. Luxembourg B 118 349
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 enter 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, you must be registered there in order to be able to pay the invoice amount, or you must first register and legitimise yourself with your access data. Your PayPal account will be debited immediately after completion of the order. The payment transaction is carried out automatically by PayPal. You will receive further instructions during the ordering process.
If you have chosen the credit card payment method, you do not have to be registered with PayPal to pay the invoice amount. The payment transaction will be carried out by your credit card company at the request of PayPal after your legitimation as a legitimate cardholder and your card will be charged after completion of the order. You will receive further instructions during the ordering process.
If you have chosen the direct debit payment method, you do not have to be registered with PayPal to pay the invoice amount. By confirming the payment instruction, you give PayPal a direct debit mandate. You will be informed by PayPal about the date of the debit (so-called prenotification). Upon submission of the direct debit mandate, PayPal will request its bank to initiate the payment transaction immediately after completion of the order. The payment transaction is carried out and your account is debited. You will receive further instructions during the ordering process.
§ 4 Rights of retention, reservation of title
4.1 The goods shall remain our property until the purchase price has been paid in full.
4.2 A right of retention is only given insofar as this exists from claims from the same contractual relationship.
4.3 Special provisions for entrepreneurs:
Insofar as you are an entrepreneur within the meaning of § 1 number 2 of these General Terms and Conditions, it shall apply in addition that we reserve title to the goods until all claims from the current business relationship have been settled in full. The pledging or transfer by way of security of the sold goods is not permitted before the transfer of ownership. The goods may be resold in the ordinary course of business. In this case, you hereby assign all claims arising from the resale up to the amount of the invoice. We hereby accept this assignment. The assignment shall initially be made internally, so that you shall continue to be authorised to collect the claims. However, if you do not properly fulfil your payment obligations towards us, we reserve the right to disclose the assignment of the claim to the outside and to collect the claim ourselves.
§ 5 Warranty
5.1 In principle, the statutory warranty claims shall apply.
5.2 Insofar as you as the purchaser are an entrepreneur within the meaning of § 1 clause 2 of our General Terms and Conditions of Business, you are obliged to inspect the goods immediately after delivery with the due care of a businessman for deviations in quality and quantity and to notify us in writing of any obvious defects within a period of 7 days from receipt of the goods. The same period applies to hidden defects discovered later, which must also be reported in writing within a period of 7 days from discovery. Insofar as the aforementioned obligations to inspect and give notice of defects are not complied with, the assertion of warranty claims against us shall be excluded.
5.3 The warranty period for companies is 1 year from delivery of the goods. This shortened warranty period does not apply to damages caused by gross negligence or intent, to recourse claims according to §§ 478, 479 BGB (German Civil Code) as well as to culpably caused damages from injury to life, body or health attributable to HängemattenFairkauf /Amelie Dörnberg.
5.4 Insofar as defects exist, we shall first be entitled to rectify the defect or to make a replacement delivery at our discretion. Insofar as the rectification of defects fails, you may, at your discretion, assert claims for a reduction in price or withdraw from the contract altogether. A rectification of defects shall be deemed to have failed if 2 attempts to rectify the defects have been unsuccessful. In the event of rectification of defects, we shall not be obliged to bear any increased costs arising from the fact that the goods have been transported to a place other than the place of performance, provided that the transport does not correspond to the intended use of the goods.
5.5 In the event of a breach of material contractual obligations, our liability for slight negligence shall be limited to the foreseeable damage typical for the contract. Material contractual obligations are obligations which arise from the nature of the contract and the breach of which would jeopardise the achievement of the purpose of the contract, as well as obligations the fulfilment of which makes the proper performance of the contract possible in the first place and compliance with which can regularly be relied upon.
In the case of slightly negligent breaches of duty, liability for the breach of immaterial contractual duties is excluded.
§ 6 Terms of delivery
6.1 The terms of delivery and any existing delivery restrictions can be found on our website under a correspondingly designated button or in the respective item descriptions.
6.2 Insofar as you as the purchaser are an entrepreneur, delivery and dispatch shall be at your risk.
6.3 If you are a consumer, the risk of accidental loss and accidental deterioration of the sold item shall be borne by us during shipment. This risk shall not pass to you until the goods are handed over. This provision does not apply if you yourself independently commission a transport company not named by us or another person to carry out the shipment.
§ 7 Place of jurisdiction, place of performance
7.1 Our business relations shall be governed exclusively by German law.
7.2 The place of performance for all services arising from our business relationship and the place of jurisdiction shall be exclusively Gräfelfing, insofar as you are an entrepreneur within the meaning of § 1 number 2 of these General Terms and Conditions. The same shall apply if you are a consumer and do not have a general place of jurisdiction in Germany or a state of the European Union or your place of residence or habitual abode is not known at the time the action is brought.
7.3 The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply and are hereby excluded.
7.4 The following information is only valid for consumers: The European Commission provides a platform for online dispute resolution (OS), which you can find here: https://ec.europa.eu/consumers/odr/.
We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
B) Customer information
Seller is
HammocksFairBuy // Amelie Dörnberg
Bülow Street 51
10783 Berlin
+49 (0)211-86806709
E-Mail: info@haengemattenfairkauf.de
Bank details:
Solarisbank
IBAN: DE07 1101 0101 5094 1923 38
BIC: SOBKDEB2XXX
Tax number: DE341609703
C) Cancellation policy for distance contracts
The following right of withdrawal only applies to consumers:
You have the right to withdraw from this contract within 14 days without giving any reason.
The revocation period is 14 days from the day on which you or a third party named by you, who is not the carrier, have taken or had possession of the last goods.
In order to exercise your right of withdrawal, you must inform us (HängemattenFairkauf, Bülowstraße 51, 01783 Berlin, Telefax: +49 (0)211-86806709, E-Mail: info@haengemattenfairkauf.de ) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached sample cancellation form for this purpose, which is, however, not mandatory. To comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you withdraw from this contract, we will reimburse you all payments we have received from you, with the exception of additional delivery costs that may result from the fact that you have chosen a type of delivery other than the favourable standard delivery offered by us, without delay and no later than 14 days from the day on which we received the notification of your withdrawal from this contract. For the repayment, we will use the same means of payment that you used for the original order, unless expressly agreed otherwise with you. In no case will we charge you any fees because of this repayment.
We may refuse repayment until we have received the goods back or you have provided proof that you have returned the goods, whichever is the earlier.
In the event of cancellation, you must return or hand over the goods to us without delay and in any case no later than 14 days from the date on which you informed us of the cancellation of this contract. The deadline shall be deemed to have been met if you send off the goods before the 14-day period has expired.
We will collect goods that cannot be sent as a parcel.
You will only have to pay for any loss in value of the goods if this loss in value is due to your handling the goods in a manner not necessary for the inspection of the condition, properties and functioning of the goods.
D) Sample cancellation form (for consumers only)
If you wish to cancel the contract, please complete this form and return it to us. You can also use your own cancellation form.
To
HängemattenFairkauf
Bülow Street 51
10783 Berlin
Germany
E-mail: info@haengemattenfairkauf.de
- I/we (*) hereby revoke 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 consumer(s) (only in case of paper communication)
- Date(s)
(*) Delete where inapplicable.
05/2021