General Terms and Conditions and Customer Information

1. Scope of Application

The following terms and conditions apply to contracts concluded with us as the provider (Hamburger Tauwerk Fabrik GmbH & Co. KG) via the website www.hamburgertauwerk.de. Unless otherwise agreed, the inclusion of any terms and conditions of your own is hereby rejected.

For the purposes of these provisions, a consumer is any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to their commercial or self-employed professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

2. Accessibility

In accordance with Section 14 (1) No. 2 in conjunction with Annex 3 No. 1 of the German Accessibility Strengthening Act (BFSG), we provide information on how our website and our service in electronic commerce comply with the accessibility requirements of the applicable ordinance (BFSGV). This information can be accessed via a separate, appropriately designated button (e.g. "Accessibility Statement" or a similar designation) on our website and includes, in particular, the following points:

a description of the applicable accessibility requirements;
a general description of the service in an accessible format;
descriptions and explanations necessary to understand how the service is provided;
a description of how the service meets the applicable accessibility requirements.

The contact details of the competent market surveillance authority are as follows:

Market Surveillance Authority of the Federal States for the Accessibility of Products and Services – Anstalt öffentlichen Rechts (MLBF AöR), Carl-Miller-Str. 6, 39112 Magdeburg, Germany, Telephone: +49 391 567 6970, E-mail: kontakt@mlbf-barrierefrei.de

We may use artificial intelligence (AI) and specialised tools to implement the accessibility requirements on our website. This is intended to take into account a wide range of possible disabilities, including visual, auditory, physical, linguistic, cognitive and neurological impairments. Further details can be found via the separate, appropriately designated button referred to in paragraph 1 on our website.

Our website and our service in electronic commerce are accessible if they can be found, accessed and used by persons with disabilities in the generally customary manner, without particular difficulty and, in principle, without assistance from others.

Measures to implement the accessibility requirements include, for example, clearly recognisable font sizes and sufficient colour contrasts, navigation by mouse and keyboard, alternative text for images, subtitles and audio descriptions in videos (where videos are embedded on the website), easy-to-read and comprehensible language, compatibility with all common screen readers, and adaptable display options for various end devices (smartphones, tablets, desktop computers, etc.).

3. Conclusion of the Contract

The subject matter of the contract is the sale of goods.

By placing the respective product on our website, we make a binding offer to conclude a contract for the respective product via the online shopping cart system under the conditions stated in the product description.

The contract is concluded via the online shopping cart system as follows: The goods you intend to purchase are placed in the "shopping cart". You can access the "shopping cart" at any time via the corresponding button in the navigation bar and make changes there. After clicking the "Checkout" or "Proceed to Order" button (or a similar designation) and entering your personal details as well as payment and shipping information, the order details will be displayed as an order summary.

If you select an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as your payment method, you will either be directed to the order summary page in our online shop or redirected to the website of the provider of the instant payment system. If you are redirected to the respective instant payment system, you will make the corresponding selection or enter your data there. Finally, the order details will be displayed as an order summary on the website of the instant payment system provider or after you have been redirected back to our online shop.

Before submitting the order, you have the opportunity to review the information in the order summary again, to make changes (also using the "back" function of your web browser), or to cancel the order.

By submitting the order via the corresponding button ("Place Order with Obligation to Pay", "Buy" / "Buy Now", "Place Paid Order", "Pay" / "Pay Now" or a similar designation), you make a legally binding declaration accepting the offer, thereby concluding the contract.

Your requests for the preparation of an offer are non-binding for you. We will provide you with a binding offer in text form (e.g. by e-mail), which you may accept within 5 days (unless a different period is specified in the respective offer).

The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out partly automatically by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that receipt of e-mails is technically ensured and, in particular, that e-mails are not prevented from being received by SPAM filters.

4. Individually Designed Goods

You shall provide us with the appropriate information, texts or files required for the individual design of the goods via the online ordering system or by e-mail no later than immediately after conclusion of the contract. Any specifications we provide regarding file formats must be observed.

You undertake not to transmit any data whose content infringes the rights of third parties (in particular copyrights, name rights or trademark rights) or violates applicable laws. You expressly indemnify us against all claims asserted by third parties in this connection. This also includes the costs of any legal representation required in this context.

We do not examine the transmitted data for substantive accuracy and therefore assume no liability for any errors.

5. Special Agreements Regarding the Payment Methods Offered

Payment via Klarna
In cooperation with the payment service provider Klarna Bank AB (publ) (Sveavägen 46, 111 34 Stockholm, Sweden; "Klarna"), we offer the following payment options. Payment is made to Klarna in each case:

Invoice ("Pay Later"): The Klarna invoice terms and conditions for Germany can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/invoice; the terms and conditions for extending the payment deadline can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/due_date_extension.

Instalment Purchase ("Financing"): Further information on instalment purchases, including the General Terms and Conditions and the European Standard Information for Consumer Credit for Germany, can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/account; the terms and conditions for the payment option "Pay in 3 instalments" can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/paylaterin3.

Direct Debit ("Pay Now"): The use of the payment methods invoice and/or instalment purchase and/or direct debit requires a positive credit assessment. In this regard, we transmit your data to Klarna as part of the initiation and processing of the purchase contract for the purpose of address and credit checks. Please understand that we can only offer you those payment methods that are permitted based on the results of the credit assessment. Further information on Klarna and the Klarna terms of use for Germany can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/user and https://www.klarna.com/de/.

Payment via "PayPal" / "PayPal Checkout"
If you select a payment method offered via "PayPal" / "PayPal Checkout", payment processing is carried out by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal, L-2449 Luxembourg; "PayPal"). The individual payment methods available via "PayPal" are displayed under a correspondingly designated button on our website and during the online ordering process. "PayPal" may use additional payment services for payment processing; where special payment terms apply, you will be informed of these separately. Further information on "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.

6. Right of Retention, Retention of Title

The right of retention may only be exercised insofar as it concerns claims arising from the same contractual relationship.

The goods shall remain our property until the purchase price has been paid in full.

If you are an entrepreneur, the following shall additionally apply:

We retain title to the goods until all claims arising from the ongoing business relationship have been settled in full. Before ownership of the goods subject to retention of title has transferred, pledging or assignment by way of security is not permitted.
You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims arising from the resale in the amount of the invoice value; we accept this assignment. You remain authorised to collect the claim. However, insofar as you fail to meet your payment obligations properly, we reserve the right to collect the claim ourselves.
In the event that the goods subject to retention of title are combined or mixed with other goods, we shall acquire co-ownership of the new item in proportion to the invoice value of the goods subject to retention of title to the other processed items at the time of processing.
We undertake, at your request, to release the securities to which we are entitled insofar as the realisable value of our securities exceeds the claim to be secured by more than 10%. We shall have the right to select which securities are to be released.

7. Warranty

The statutory rights relating to liability for defects shall apply.

Consumers are requested to inspect the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. Failure to do so shall have no effect on your statutory warranty rights.

If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed agreed if we informed you of the deviation before you submitted your contractual declaration and the deviation was expressly and separately agreed between the contracting parties.

If you are an entrepreneur, the following shall apply instead of the above warranty provisions:

Only our own specifications and the manufacturer's product description shall be deemed agreed as the quality of the goods, but not any other advertising, public statements or representations made by the manufacturer.
In the event of defects, we shall, at our discretion, provide a remedy by rectification or replacement delivery. If the rectification of the defect fails, you may, at your discretion, demand a reduction in the purchase price or withdraw from the contract. Rectification shall be deemed to have failed after the second unsuccessful attempt, unless the nature of the goods or the defect or other circumstances indicate otherwise. In the event of rectification, we shall not be required to bear the increased costs arising from transporting the goods to a location other than the place of performance, provided that such transportation does not correspond to the intended use of the goods.
The warranty period shall be one year from delivery of the goods. The reduction of the warranty period shall not apply: * to damages attributable to us that were culpably caused by injury to life, body or health, and to other damages caused intentionally or through gross negligence; * insofar as we fraudulently concealed the defect or assumed a guarantee regarding the quality of the goods; * to goods that, in accordance with their customary use, have been used for a building and have caused its defectiveness; * to statutory rights of recourse that you may have against us in connection with defect rights.

8. Applicable Law, Place of Performance, Place of Jurisdiction

German law shall apply. For consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence is not withdrawn as a result (favourability principle).

The place of performance for all services arising from the business relationships with us and the place of jurisdiction shall be our registered office, provided that you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same shall apply if you do not have a general place of jurisdiction in Germany or the European Union, or if your place of residence or habitual abode is unknown at the time the action is filed. This shall not affect our right to bring an action before another legally competent court.

The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) shall expressly not apply.

9. Customer Information

Identity of the Seller

Hamburger Tauwerk Fabrik GmbH & Co. KG
Schützenstr. 107 / Gate 1
22761 Hamburg
Germany

Telephone: (+49) 40 - 368 079 80
E-mail: info(@)htf-hh.com

We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.

Information on the Conclusion of the Contract

The technical steps for concluding the contract, the conclusion of the contract itself and the options for correcting input errors are governed by the provisions under "Conclusion of the Contract" in our General Terms and Conditions.

Contract Language, Storage of the Contract Text

The language of the contract is German.

We do not store the complete contract text. Before submitting the order via the online shopping cart system, the contractual data can be printed using the print function of the browser or saved electronically. After receipt of the order by us, the order data, the legally required information for distance contracts and the General Terms and Conditions will be sent to you again by e-mail.

For requests for offers made outside the online shopping cart system, you will receive all contractual data as part of a binding offer in text form, e.g. by e-mail, which you can print or save electronically.

Essential Characteristics of the Goods or Services

The essential characteristics of the goods and/or services can be found in the respective offer.

Prices and Payment Terms

The prices stated in the respective offers and the shipping costs constitute total prices. They include all price components, including all applicable taxes.

Shipping costs are not included in the purchase price. They can be accessed via a correspondingly designated button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you in addition to the purchase price, unless free delivery has been agreed.

If delivery is made to countries outside the European Union, additional costs for which we are not responsible may arise, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees charged by financial institutions), which shall be borne by you.

Any costs incurred for the transfer of money (transfer or exchange rate fees charged by financial institutions) shall be borne by you in cases where delivery is made to an EU Member State but payment is initiated outside the European Union.

The payment methods available to you are indicated under a correspondingly designated button on our website or in the respective offer.

Unless otherwise stated for the individual payment methods, payment claims arising from the concluded contract are due for payment immediately.

Delivery Terms

The delivery terms, delivery date and any applicable delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.

If you are a consumer, the law provides that the risk of accidental loss and accidental deterioration of the sold goods passes to you only upon delivery of the goods, irrespective of whether the shipment is insured or uninsured. This does not apply if you independently commission a carrier not designated by the entrepreneur or another person responsible for carrying out the shipment. If you are an entrepreneur, delivery and shipment shall be at your risk.

Statutory Liability for Defects

Liability for defects shall be governed by the provisions under "Warranty" in our General Terms and Conditions (Part I). These General Terms and Conditions and Customer Information were prepared by lawyers specialising in IT law at Händlerbund and are continuously reviewed for legal compliance. Händlerbund Management AG guarantees the legal security of these texts and shall be liable in the event of warnings or legal claims relating to their use. Further information can be found at https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.