General Terms & Conditions
1. Scope
The following terms and conditions apply to all orders placed through our online shop by consumers and entrepreneurs.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their commercial or self-employed professional activities. 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 their commercial or self-employed professional activity.
For entrepreneurs, these terms and conditions also apply to future business relationships without the need for us to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they will only become part of the contract if we have expressly agreed to them.
The purchase contract is concluded with Hamburger Tauwerk Fabrik GmbH & Co.KG.
By listing 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 the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided for this purpose and explained in the order process. The contract is concluded by clicking on the order button to accept the offer for the goods contained in the shopping cart. Immediately after sending the order, you will receive another confirmation by e-mail.
3. Contract Language, Contract Text StorageThe language available for contract conclusion is German.
We store the contract text and send you the order data and our terms and conditions by e-mail. You can view the contract text in our customer login area.
4. Delivery ConditionsIn addition to the stated product prices, shipping costs are also incurred. You can find more details about the shipping costs in the offers.
You generally have the option of picking up the goods at Hamburger Tauwerk Fabrik GmbH & Co. KG, Schützenstr. 107, 22761 Hamburg, Germany. Please inform us at least two working days before your pickup so that we can prepare the goods from our warehouse. Payment can also be made here with an EC card and PIN.
5. Payment
The following payment methods are generally available in our shop:
Advance Payment
If you select the advance payment method, we will provide our bank details in a separate email and deliver the goods after receipt of payment.
Cash on Delivery
You pay the purchase price directly to the delivery agent. No additional costs are incurred for this.
PayPal, PayPal Express
During the ordering process, you will be redirected to the PayPal website. To pay the invoice amount via PayPal, you must be registered there or first register, authenticate with your login details, and confirm the payment instruction to us. After placing the order in the shop, we will ask PayPal to initiate the payment transaction.
The payment transaction is automatically carried out immediately afterward by PayPal. You will receive further instructions during the ordering process.
Invoice
You pay the invoice amount by transferring it to our bank account after receiving the goods and the invoice. We reserve the right to offer purchase on account only after a successful credit check.
Cash Payment on Pickup
You pay the invoice amount in cash upon pickup.
The goods remain our property until full payment is made.
For entrepreneurs, the following applies in addition: We retain ownership of the goods until all claims from an ongoing business relationship have been fully settled. You may resell the goods subject to retention of title in the ordinary course of business; you assign all claims arising from this resale – regardless of any combination or mixing of the goods subject to retention of title with a new item – to us in advance up to the amount of the invoice, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations.
For 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, especially your warranty rights. However, it helps us to be able to assert our own claims against the carrier or the transport insurance.
For entrepreneurs:
The risk of accidental loss and accidental deterioration passes to you as soon as we have handed over the item to the forwarder, the carrier, or the person or institution otherwise responsible for carrying out the shipment. Among merchants, the duty to examine and notify defects regulated in § 377 of the German Commercial Code (HGB) applies. If you fail to give notice as stipulated there, the goods shall be deemed approved, unless it is a defect that was not recognizable during the inspection. This does not apply if we have fraudulently concealed a defect.
Unless expressly agreed otherwise below, the statutory liability for defects applies. For consumers, the limitation period for claims for defects in used goods is one year from the delivery of the goods.
For entrepreneurs, the limitation period for defect claims is one year from the transfer of risk; the statutory limitation periods for the right of recourse under § 478 of the German Civil Code (BGB) remain unaffected.
For entrepreneurs, only our own information and the manufacturer's product descriptions included in the contract are considered an agreement on the quality of the goods; we assume no liability for public statements by the manufacturer or other advertising statements.
If the delivered item is defective, we shall initially provide a warranty to entrepreneurs at our discretion by remedying the defect (rectification) or by delivering a defect-free item (replacement delivery).
The above restrictions and shortened periods do not apply to claims for damages caused by us, our legal representatives, or agents.
- for injury to life, limb, or health
- in case of intentional or grossly negligent breach of duty and fraud
- in case of breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the contractual partner may regularly rely (cardinal obligations)
- as part of a guarantee, if agreed
- to the extent the scope of application of the Product Liability Act is opened.
Information on any additional warranties that may apply and their exact conditions can be found for each product and on special information pages in the online shop.
Customer Service: You can reach our customer service for questions, complaints, and claims on weekdays from 9:00 am to 5:00 pm at the telephone number 040-36807980 and by e-mail at info@htf-hh.com.
9. LiabilityWe are always fully liable for claims due to damages caused by us, our legal representatives, or agents
- for injury to life, limb, or health,
- in case of intentional or grossly negligent breach of duty,
- for guarantee promises, if agreed, or
- to the extent the scope of application of the Product Liability Act is opened.
In the event of a breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the contractual partner may regularly rely (cardinal obligations) due to slight negligence by us, our legal representatives, or agents, liability is limited to the foreseeable damage that must typically be expected when concluding the contract. Otherwise, claims for damages are excluded.
10. Dispute Resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find here: https://ec.europa.eu/consumers/odr/.
We are willing to participate in an out-of-court arbitration process before a consumer arbitration board.
The General Consumer Arbitration Board of the Center for Arbitration e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de is responsible.
11. Final Provisions
If you are an entrepreneur, German law applies to the exclusion of the UN Sales Convention.
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 place of business.
AGB created with the Trusted Shops Legal Text Generator in cooperation with Wilde Beuger Solmecke Lawyers.
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