General Terms and Conditions of häberlein & mauerer AG for orders in the Online Shop No74
As of: 11/2011
1. Area of Validity
1.1 The following General Terms and Conditions (GTC) shall apply for the business relationship between häberlein & mauerer AG and the purchaser in their valid version at the time of the order.
1.2 Any GTC of the purchaser which contradict or deviate from the following stipulations shall find no application. The following business conditions also apply exclusively if we carry out the delivery and service without reservation in knowledge of business conditions of the purchaser which contradict or deviate from the following business conditions.
1.3 The corresponding valid version of our GTC can be found under http://www.no74-berlin.com/terms-of-use.html. This page can be stored or printed out over your internet browser. We shall send you our GTC as a document automatically with each reply to an article request made by you.
2. Contract Partner and Conclusion of the Contract
2.1 Your contract partner is häberlein & mauerer AG
Managing Directors: Christiane Stricker, Stefan Mauerer
Registry Court: Munich, HRB 133167
2.2 Request for Articles
2.2.1 If you are interested in an article from our IN-STORE, click on the button “REQUEST THIS ITEM” next to the article. An e-mail will then open automatically through which you can make your request. This request is not yet an order and is therefore not binding for you, either.
Please indicate the following with your request:
• Your name
• Designation of the desired article
• Article number (to be found in the IN-STORE next to each article)
• Desired size
• Desired mode of payment
• Delivery address: street, post code, town, country
2.2.2 If you are interested in several articles, you can also summarize your request in an e-mail. In this case, please indicate, for each article, the article designation, article number and desired size.
2.2.3 You will receive a reply from us via e-mail, in which your indications are summarized and in which we communicate to you whether or not the article is available in the desired size and number. We shall also inform you of the purchase price and the amount of shipping costs (packaging and postage costs) for the available articles.
2.2.4 Our e-mail is not an offer, but an invitation to tender.
2.3.1 If you wish to acquire the requested article under the conditions named in our e-mail, please let us know by e-mail that you wish to make a binding order for the article.
If you have made a request for several articles, please be sure to indicate precisely which articles you wish to order.
2.3.2 With the sending of your e-mail, you have made a binding offer for the conclusion of a sales contract to which you are bound for a period of 10 working days following submission.
2.3.3 You will then receive an order confirmation which confirms the receipt of your order.
2.4 Acceptance of the Order
When accepting your order, we shall send you an order confirmation to your e-mail address from which you can gather all details concerning your order. If your offer is not accepted by us within 10 working days after sending your order, your offer shall be considered to be refused.
The contract shall be concluded through the sending of the order confirmation.
3. Right of Cancellation
INSTRUCTION CONCERNING RIGHT OF CANCELLATION
You can cancel your contract declaration within 14 days without indicating any reasons in text form (e.g. letter, fax, e-mail) or – if the article is transferred to you prior to expiration of the time limit – by returning the article.
The time limit begins after receipt of this instruction in text form but not, however, prior to receipt by the addressee of the product (not prior to receipt of the first partial delivery in case of recurrent delivery of the same kind of products) nor prior to the fulfillment of our information obligations in accordance with Article 246 § 2 in connection with § 1 Sec. 1 and 2 EGBGB [Introductory Act to the German Civil Code] as well as our obligations in accordance with § 312g Sec.1 Clause 1 BGB [German Civil Code] in connection with Article 246 § 3 EGBGB.
The punctual sending of the cancellation or the article suffices for compliance with the cancellation time limit.
The cancellation is to be directed to:
CONSEQUENCES OF CANCELLATION
In case of an effective cancellation, the benefits received on both sides are to be returned and any derived profits from these (e.g. interest) returned. If you cannot or can only partially return to us the received benefit or utilizations (e.g. benefits of use), or can only return them in worsened condition, then you must pay compensation accordingly.
You must only pay compensation for the worsening of the condition of the article and for utilizations made if the utilizations or worsening are due to handling the article in a way that goes beyond the examination of the characteristics and the method of functioning. By “examination of the characteristics and the method of functioning,” we mean testing and trying out the given product as it would be possible and customary in a shop,.
Packageable goods are to be sent back at our risk. You must bear the regular costs of the return sending if the delivered product corresponds to the ordered one and if the price of the article sent back does not exceed 200 Euros or if you have not yet – in case of a higher price of the article – at the time of the cancellation paid the return service or a partial payment agreed upon by contract. Otherwise, the return sending is free of charge for you. Non-packageable goods will be collected at your address. Obligations to refund payments must be fulfilled within 30 days. The time limit begins for you with the sending of the cancellation declaration or the dispatch of the article, for us upon their receipt.
The products are to be sent back to:
If the delivered product is defective or does not correspond to the ordered product, the right to warranty will not be restricted by the right to cancellation.
END OF THE CANCELLATION INSTRUCTION
4. Agreement for the Coverage of Costs when Exercising the Right to Cancellation
You must bear the regular costs of the return consignment if the delivered product corresponds to the one ordered and if the price of the product to be sent back does not exceed 40 Euros, or, in case of a higher price of the article, if you have not yet at the time of the cancellation performed the return service or made a partial payment according to a contractual agreement.
All prices are understood as including the given valid VAT. Postage and packaging costs will be added. You will receive an overview of the postage and packaging costs under 7. Delivery and Shipping Costs.
6. Conditions for Payment
6.1 As possibilities for payment, we accept payment by a bank transfer made in advance and payment by credit card.
6.2 Credit card payments are possible only with American Express, VISA or MASTERCARD. For reasons of security, you can only communicate your credit card data to us by telephone. You will be charged any probable additional telephone fees which can vary according to your location and your telecommunications provider.
6.3 To safeguard our credit risk, we reserve the right, in individual cases, to exclude certain methods of payment.
6.4 Please note that we only accept payments from accounts within the European Union (EU) and do not assume any financial transaction costs.
6.5 Payment by Bank Transfer Made in Advance
When selecting the method of payment “bank transfer made in advance,” the invoice
amount is due within 10 days following receipt of the order confirmation and is to be
paid to the following account:
Account holder: Haeberlein und Mauerer AG
Bank institute: Berliner Sparkasse LBB AG
Account number: 660 302 6773
Bank code: 100 500 00
IBAN: DE14 1005 0000 6603 0267 73
As reason for payment, please indicate your name (in case it deviates from the name of the account holder), the date of your order and the designation “No74.”
Please pay only after receiving the confirmation of the order.
6.6 Payment by Credit Card
When selecting the method of payment “credit card,” please inform us of your credit card data within 10 days after receipt of the order confirmation by telephone under + 49 (0)30 53062513 exclusively during our business hours.
We shall ask you for the following information on the telephone:
• Your name
• Card number
• Card Validation Code (CVC)
• Date of validity of the card
• Name and address of the credit card holder
With the communication of your credit card data by telephone, the invoice amount is debited from your credit card account.
6.7 Date Due and Arrears
If you come into arrears with the payment, we have the right to demand interest on arrears of 5% above the basic interest rate made known by the European Central Bank.
7. Delivery and Shipping Costs
7.1 We deliver exclusively to Germany and within the countries of the European Union listed under 7.2. After receiving payment, we deliver the products within 5 days to United Parcel Service Germany (UPS) for shipment to the delivery address indicated by you in the order.
7.2 The shipping costs (postage and packaging costs) are to be borne by you and shall be calculated, depending on the target country and the amount of the order, as follows:
with orders of up to 200 €: 8 €
with orders of over 200 €: free of shipping costs
with orders of up to 300 €: 20 €
with orders of over 300 €: free of shipping costs
Other EU countries i.e. Balearic Islands, Great Britain, Ireland, Iceland, Corsica, Malta
with orders of up to 300 €: 35 €
with orders of over 300 €: free of shipping costs
7.3 We are only obliged to deliver from our supply of products and from the product delivery ordered by us from our suppliers.
7.4 We no longer have any obligation to deliver if we have not ourselves been properly and punctually supplied, if we are not responsible for this lack of availability and if we have immediately informed you of this. If the products are unavailable, we shall immediately reimburse your advance payment.
7.5 The delivery period is lengthened accordingly in case of circumstances hindering the delivery through force majeure. The following are considered force majeure: strikes, lockouts, interventions by the authorities, lack of energy and raw materials, transport bottlenecks that are not our fault, operational hindrances that are not our fault, such as through fire, water and damages to machines and all other hindrances which were not brought about by us in a faulty manner when viewed objectively. If the hindrance to performance in the aforementioned cases lasts over four weeks, you have the right to withdraw from the contract. There will be no further claims, especially not for damage compensation.
8.Reservation of Title
The delivered products shall remain our property until complete payment.
9. Data of the Purchaser
With the initiation, conclusion, settlement and rescission of a sales contract, data are collected, stored and processed by us within the legal stipulations. Your data are only stored so long until the purpose has been fulfilled for which they were entrusted to us. Insofar as trade and fiscal retention periods are to be observed, the duration of the storage of certain data can be up to 10 years.
The personal data that you convey to us, for example, when ordering (e.g. your name and your contact data) are only processed for correspondence with you and for the purpose for which you made the data available to us. We only pass on your data to the mail order company assigned with the delivery insofar as this is necessary for the delivery of the products. For the settlement of payments, we pass your payment data on to the credit institute assigned with the payment.
We ensure that we shall not otherwise pass your personal data on to third parties, unless we are legally obliged to do so or you have previously given your express consent to do so. Insofar as we make use of services of third parties for carrying out and settling processing procedures, the stipulations of the BDSG [German Federal Data Protection Act] shall be adhered to.
10. Right of Access
If you are no longer in agreement with the storage of your personal data or if these have become incorrect, we shall cause the deletion, correction or blocking of your data when an appropriate instruction to do this is given within the framework of the legal stipulations. Upon request, you can receive information free of charge about all personal data about you that we have stored. In case of inquiries concerning the collecting, storing or use of your personal data, for information, reporting, blocking or deletion of data, please contact:
11. Warranty and Liability
11.1 Your warranty claims shall correspond to statutory provisions.
11.2 In case of complaints, please send the article complained about together with a copy of the invoice to:
11.3 Please use the UPS return receipt enclosed with the packet for returns. If no return receipt is enclosed with the packet, you can request one from us by telephone or e-mail.
11.4 Normal wear and tear of the products does not justify any warranty claim.
11.5 We are responsible for all damages caused by us intentionally or through gross negligence, in accordance with the legal stipulations.
11.6 We are not responsible for damages caused by us due to simple or medium negligence, unless we have in so doing violated a fundamental contractual obligation whose fulfillment is essential to the proper execution of the contract and in which adherence you may regularly trust. The liability is, however, in this case, limited to those damages with which we had to typically reckon in accordance with the circumstances known at the time of the conclusion of the contract.
11.7 The above-named liability limitations do not apply in case of injury to life, body and health and in case of deliberately concealed defects. The liability in accordance with the ProdHaftG [German Product Liability Law] remains unaffected.
11.8 Insofar as our liability is excluded or limited, this also applies to the liability of our employees, representatives and vicarious agents.
12. Applicable Law and Place of Jurisdiction
German law will be in force under exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). If you do not have a general place of jurisdiction in Germany or you are a businessman/businesswoman, Berlin is the place of jurisdiction.
13.1This contract contains all agreements between the parties; there are no subsidiary agreements.
13.2All alterations, completion and terminations of this contract require written form, including the suspension of this written-form requirement.
13.3 If a stipulation of these General Terms and Conditions should be ineffective, the effectiveness of the remaining stipulations is not affected by this.
The General Terms and Conditions stated above represent intellectual property under the protection of copyright. Any utilization by third parties – of excerpts as well – for commercial purposes of the offering of products and/or services is not permitted.