1. Scope
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 enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when entering into 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 rejected; they shall only become part of the contract if we have expressly agreed to them.
2. Contractual partner, conclusion of contract
The purchase contract is concluded with Buch- und Offsetdruckerei H. Heenemann GmbH & Co. KG.
By placing the products in the online shop, we make a binding offer to conclude a contract for these items. You can initially place our products in your shopping basket without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping basket by clicking on the order button. Immediately after submitting your order, you will receive another confirmation by e-mail.
3. Contract language, contract text storage
The language available for the conclusion of the contract is German.
We do not store the contract text.
4. Delivery conditions
Shipping costs are added to the product prices quoted. You can find out more about the shipping costs in the offers.
We do not deliver to packing stations.
5. Payment
The following payment methods are generally available in our shop:
PayPal
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 confirm the payment instruction to PayPal.
If you have chosen PayPal as your payment method, you must be registered there or first register and authenticate yourself with your access data in order to pay the invoice amount. The payment transaction is carried out automatically by PayPal immediately after confirmation of the payment instruction. You will receive further information during the ordering process.
If you have chosen to pay by credit card, you do not need to be registered with PayPal in order to pay the invoice amount. The payment transaction will be carried out immediately after confirmation of the payment instruction and after your authorisation as the legitimate cardholder by your credit card company at the request of PayPal, and your card will be charged. You will receive further 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 credit checks and submission of the order, we assign our claim to PayPal. In this case, you can only make payment to PayPal with debt-discharging effect. In addition to our terms and conditions, PayPal’s terms and conditions and privacy policy apply to payment processing via PayPal. Further information and PayPal’s complete terms and conditions for purchase on account can be found here: https://www.paypal.com/de/webapps/mpp/ua/pui-terms?locale.x=de_DE.
6. Retention of title
The goods remain our property until full payment has been made.
The following also applies to entrepreneurs: We retain title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale – irrespective of any combination or mixing of the goods subject to retention of title with a new item – in the amount of the invoice amount, and we accept this assignment. You remain authorised 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 defects to the delivery agent as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, you help us to assert our own claims against the carrier or transport insurance company.
The following applies to businesses:
The risk of accidental loss and accidental deterioration is transferred to you as soon as we have delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. Among merchants, the obligation to inspect and give notice of defects as regulated in § 377 HGB (German Commercial Code) applies. If you fail to give notice as regulated therein, the goods shall be deemed to have been approved, unless there is a defect that was not apparent during the inspection. This shall not apply if we have fraudulently concealed a defect.
8. Warranty and guarantees
Unless expressly agreed otherwise below, the statutory liability for defects shall apply. For consumers, the limitation period for claims for defects in used goods 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 recourse claims under Section 478 of the German Civil Code (BGB) remain unaffected.
With regard to entrepreneurs, only our own information and the manufacturer’s product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we accept no liability for public statements made by the manufacturer or other advertising statements.
If the delivered item is defective, we shall initially provide warranty to entrepreneurs at our discretion by remedying the defect (repair) or by delivering a defect-free item (replacement delivery).
The above limitations and shortened periods shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents
- in the event of injury to life, limb or health
- in the event of intentional or grossly negligent breach of duty and malice
- in the event of a breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
- within the scope of a guarantee promise, if agreed
- insofar as the scope of application of the Product Liability Act is opened up.
Information on 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.
9. Liability
We shall always be liable without limitation for claims based on damage caused by us, our legal representatives or vicarious agents
- in the event of injury to life, limb or health,
- in the event of intentional or grossly negligent breach of duty,
- in the event of warranty promises, if agreed, or
- insofar as the scope of application of the Product Liability Act applies.
In the event of a breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely, (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, liability shall be limited to the amount of damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.
10. Code of Conduct
We have committed ourselves to the following codes of conduct:
Trusted Shops Quality Criteria
https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf
11. Dispute resolution
The European Commission provides a platform for online dispute resolution (ODR), which can be found here: https://ec.europa.eu/consumers/odr/.
We are prepared to participate in out-of-court arbitration proceedings before a consumer arbitration board.
The competent authority is:
- Universalschlichtungsstelle des Bundes
- Zentrum für Schlichtung e. V.
- Straßburger Straße 8
- 77694 Kehl am Rhein
- Telephone +49 (0)7851 / 795 79 40
- Fax +49 (0)7851 / 795 79 41
- Email: mail@universalschlichtungsstelle.de
- Website: www.verbraucher-schlichter.de
12. Final provisions
If you are an entrepreneur, German law applies, excluding the UN 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.