General Terms and Conditions for Consumers
General Terms and Conditions with customer information
- 1. Scope of Application
- 2. Conclusion of Contract
- 3. Prices and Terms of Payment
- 4. Delivery and Shipping Conditions
- 5. Right of Revocation
- 6. Retention of Title
- 7. Liability for Defects
- 8. No Guarantee for Information
- 9. Disclaimer
- 10. Data Protection
- 11. Business Transaction
- 12. Place of Jurisdiction
- 13. Change of the General Terms and Conditions
1. Scope of Application
1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of “Hangl AG” (hereinafter referred to as “Seller”) shall apply to all contracts that a consumer or entrepreneur (hereinafter referred to as “Customer”) concludes with the Seller regarding the goods offered by the Seller in its online store. The inclusion of the Customer’s own terms and conditions is objected to unless otherwise agreed.
1.2 A consumer is any natural person who enters into a legal transaction for a purpose that can predominantly be attributed neither to his commercial nor to his independent professional activity.
1.3 An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
2 Conclusion of Contract
2.1 The presentation of the goods, in particular in the online store, does not constitute a binding offer by the seller.
2.2 First, the customer places the selected goods in the shopping cart. In the subsequent step, the ordering process begins, in which all necessary data for order processing are recorded.
At the end of the ordering process, a summary of the order and contract data appears. Only after confirming this order and contract data by clicking on the button that concludes the order process, the customer makes a binding offer to purchase the goods contained in the shopping cart.
The customer can also submit this offer to the seller by e-mail, post or telephone.
2.3 The Seller accepts the Customer’s offer by the following possible alternatives:
– Sending a written order confirmation or an order confirmation in text form (e-mail)
or
– requesting payment from the customer after the order has been placed
or
– Delivery of the ordered goods
Decisive for the time of acceptance is the first occurred alternative.
The period for acceptance of the offer begins on the day following the dispatch of the offer by the customer and ends at the end of the fifth day following the dispatch of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall constitute the rejection of the offer. The Customer shall then no longer be bound by its declaration of intent.
2.4 If the customer selects the payment method “PayPal” for the payment of his purchase, he submits his offer by clicking the button that concludes the ordering process. If the customer also issues the payment order to PayPal at the same time by clicking this button, the seller declares the acceptance of the customer’s offer at the time of issuing the payment order, in deviation from the above regulations.
2.5 The contract text of the respective contract concluded between the Seller and the Customer shall be stored by the Seller. The text of the contract is stored on the Seller’s internal systems. The customer can view the general terms and conditions at any time on this page. The order data, the cancellation policy and the general terms and conditions will be sent to the customer by e-mail. After completion of the order, the text of the contract is accessible to the customer free of charge via his customer login, provided that he has opened a customer account.
2.6 All entries made are displayed before clicking the order button and can be viewed by the customer before sending the order and corrected by pressing the back button of the browser or the usual mouse and keyboard functions. In addition, buttons for correction are available to the customer, if available, and are labeled accordingly.
2.7 The contractual language is German.
2.8 It is the responsibility of the customer to provide a correct email address for contacting and processing the order, as well as to set the filter functions so that emails relating to this order can be delivered.
3. Prices and Terms of Payment
3.1 The prices shown are final prices excluding the statutory sales tax, unless otherwise agreed.
If additional shipping costs are incurred, this can be found in the product description.
3.2 If the delivery is made to a non-EU country, additional customs duties, taxes or fees may have to be paid by the customer to the customs to tax authorities or to credit institutions.
The customer is advised to inquire about the details with the respective institutions or authorities before placing the order.
3.3 The customer can select the payment methods available in the online store.
3.4 In the case of advance payment by bank transfer, payment is due immediately after conclusion of the contract, unless otherwise agreed.
4. Delivery and Shipping Conditions
4.1 The delivery of goods by shipping shall be made to the delivery address specified by the customer. Deviating from this, in the case of payment by PayPal, the delivery address deposited by the customer with PayPal at the time of payment shall be decisive.
4.2 If the Seller incurs additional costs due to the provision of an incorrect delivery address or an incorrect addressee or other circumstances that lead to the impossibility of delivery, these shall be reimbursed by the Customer, unless he is not responsible for the incorrect information or impossibility. The same applies in the event that the customer was temporarily prevented from accepting the service, unless the seller has given him reasonable prior notice of the service. Excluded from this provision are the costs of the return shipment, if the customer has effectively exercised his right of withdrawal. In this case, the statutory provision or the provision made by the Seller shall apply.
4.3 In the case of agreed self-collection, the customer will be informed by the seller that the goods ordered by him are ready for collection. Upon receipt of this e-mail, the Customer may pick up the goods at the Seller’s registered office or at an agreed location after consultation with the Seller. In this case, no shipping costs are incurred.
5. Right of Revocation
5.1 If the customer is a consumer, he is generally entitled to a right of withdrawal.
5.2 The right of withdrawal shall be governed by the Seller’s cancellation policy.
6. Retention of Title
7. Liability for Defects
The statutory rights of liability for defects shall apply to our goods, unless otherwise agreed below:
7.1 We shall be liable – irrespective of the legal grounds – for damages or reimbursement of futile expenses in accordance with the following provisions under lit. (a) and (b): (a) In the event of intent or gross negligence, we shall be liable without limitation. In the event of simple negligence, we shall only be liable for damages arising from the breach of a material contractual obligation (obligation whose fulfillment is a prerequisite for the proper performance of the contract and on whose fulfillment you may regularly rely and trust); in this case, however, our liability shall be limited to compensation for the foreseeable damage typical for the contract. (b) The liability exclusions resulting from lit. (a) shall not apply if we have fraudulently concealed a defect or have given a guarantee for the quality of the item, for damages resulting from injury to life, limb or health, as well as in the case of liability under the Product Liability Act.
8. No Guarantee for Information
9. Exclusion of Liability
11. Business Decision
12. Place of Jurisdiction
13. Amendment of the GTC
Hangl AG shall be entitled to amend these GTC at any time.
Status: 08.01.2021
