Terms & Conditions
Haratech limited liability company, Dillingerstr. 6, D-89415 Lauingen, hereinafter referred to as the seller.
§ 1 General, Definitions
(1) The seller offers goods via the online shop on the website. The following General Terms and Conditions (GTC) apply to the business relationship between the seller and the customer in the version valid at the time of the order.
(2) A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. Entrepreneur i. S. d. Terms and conditions are natural or legal persons or legal partnerships who, when concluding the legal transaction, act in their commercial or independent professional activity. Customers i. S. d. Terms and conditions are both consumers and entrepreneurs.
Individual contractual agreements have priority over these terms and conditions. Deviating, conflicting or supplementary terms and conditions are not part of the contract, unless their validity is expressly agreed.
§ 2 Conclusion of contract
(1) The presentation of the goods on the seller’s website does not constitute an offer in the legal sense, but merely an invitation to the customer to submit an offer in the legal sense. The goods ordered may differ slightly within reason from the goods shown on the Internet due to the technically required display options, in particular there may be color deviations if this is reasonable.
(2) The order by the customer can be placed on the seller’s website, by email, by fax or in writing. The customer’s order represents a binding offer to conclude a purchase contract for the goods ordered.
(3) The seller will immediately confirm receipt of the customer’s order by fax or email.
a) In the case of payment in advance / bank transfer or credit card, the purchase contract does not come into effect with this order confirmation, but only with the dispatch of a separate email with an order confirmation or the delivery of the goods. The seller is entitled to accept the contract offer contained in the order within 5 working days. In the case of goods ordered electronically, the seller is entitled to accept the order within 2 working days of receipt. An acceptance is the same if the seller delivers the ordered goods within this period.
b) When paying with PayPal, the contract is concluded with the payment instruction by the customer.
(4) The contract is concluded with the reservation that in the case of incorrect or improper self-delivery, not or only partially. This only applies in the event that the seller is not responsible for the non-delivery and the seller has concluded a specific covering transaction with the supplier with due care. The seller will make every reasonable effort to procure the goods. Otherwise the consideration will be refunded immediately. In the event of unavailability or only partial availability of the goods, the customer will be informed immediately.
(5) If the customer orders the goods electronically, the contract text will be saved by the seller and sent to the customer along with the legally binding terms and conditions by email after the contract has been concluded.
§ 3 Retention of title
(1) In the case of consumers, the seller reserves ownership of the goods until the purchase price has been paid in full. In the case of entrepreneurs, the seller retains ownership of the goods until all claims from an ongoing business relationship have been settled in full.
(2) If the customer breaches the contract, in particular if he is in default of payment, if the customer provides incorrect information about his creditworthiness or if an application is made to open insolvency proceedings, the seller is entitled – if necessary after setting a deadline – to withdraw from the contract and surrender the goods request if the customer has not or not fully provided the consideration.
(3) The entrepreneur is entitled to resell the goods in the ordinary course of business. He is already now all claims i. H. d. The invoice amount that accrues to him through the resale to a third party. The seller accepts the assignment. After the assignment, the entrepreneur is authorized to collect the claim. The seller reserves the right to collect the claim himself as soon as the entrepreneur does not properly meet his payment obligations and is in default of payment.
(4) The seller undertakes to release the securities to which he is entitled at the customer’s request insofar as the realizable value of the securities exceeds the claim to be secured by more than 10%. The choice of securities to be released is incumbent while the seller.
§ 4 remuneration
(1) The specified purchase price is binding. The purchase price includes the VAT. The additional shipping costs incurred during shipping are included in the shipping cost overview / delivery restrictions. Packaging costs are already included in the shipping costs.
(2) The customer undertakes to pay the total price within 14 days of receiving the order confirmation by email or the invoice. After the deadline, the customer is in default of payment. During the delay, the consumer owes the money i. H. v. 5 percentage points above the base rate. During the delay, the entrepreneur is owed i. H. v. 8 percentage points above the base rate. The seller reserves the right to claim higher damage caused by default against the entrepreneur.
(3) The customer only has the right to offset if his counterclaims have been legally established, recognized or not disputed by the seller. The buyer’s right to offset against contractual and other claims from the initiation or implementation of this contractual relationship remains unaffected. The customer can only exercise a right of retention if his counterclaim is based on the same contractual relationship.
§ 5 payment options
(1) Customers can pay the purchase price in advance / bank transfer or PayPal.
(2) When paying by PayPal, the customer must register at www.paypal.de. The terms of use of paypal.de apply
(3) You can find information on any costs incurred for the selected payment method in our customer information and under the overview of payment methods on our website.
§ 6 shipping
(1) The seller only delivers to the countries specified in the shipping cost overview / delivery restrictions.
(2) The delivery period for deliveries within Germany is specified on the respective offer page. The start of the delivery period is determined (depending on the selected payment method) according to Paragraphs 3 to 5.
(3) When paying in advance / bank transfer or PayPal, the delivery period begins one day after receipt of payment.
(4) Information on delivery times for deliveries outside of Germany can be found in our customer information and in the overview of shipping costs / delivery restrictions.
(5) If the start or end of the period falls on a Saturday, Sunday or a public holiday, the start or end of the period is postponed to the following working day.
(6) With regard to the reservation of proper self-delivery, the seller refers to Section 2 (4) of these terms and conditions.
(7) The seller is entitled to make partial deliveries insofar as a partial delivery can be expected of the customer, taking into account his interests. The customer should incur no additional costs.
§ 7 transfer of risk
(1) In the case of consumers, the risk of accidental loss and accidental deterioration of the goods sold is transferred to the consumer when the goods are handed over, even in the case of mail order purchases.
(2) In the case of entrepreneurs, the risk of accidental loss and accidental deterioration of the goods is transferred to the entrepreneur when the goods are handed over or, in the case of sale by mail order, with the delivery of the goods to the freight forwarder, the carrier or the person or institution otherwise assigned to carry out the shipment.
(3) The handover is the same if the customer is in default of acceptance.
§ 8 warranty
(1) The customer has a statutory warranty right, which is modified according to §§ 8, 9 of these terms and conditions.
(2) Ordered goods may differ slightly from the goods shown on the internet within the bounds of what is reasonable. Reference is made to Section 2, Paragraph 1 of these General Terms and Conditions.
(3) Consumers have the choice whether they request supplementary performance through repair or replacement. The seller is entitled to refuse the type of supplementary performance chosen if it is only possible at disproportionate costs and the other type of supplementary performance remains without significant disadvantages for the consumer. In the case of companies, the seller initially provides a guarantee for defects in the goods through repair or replacement delivery, at his option.
(4) If the supplementary performance fails, the customer can choose, in principle, a reduction in the purchase price (reduction), cancellation of the contract (withdrawal) or compensation for damages instead of performance. In the case of only minor defects, the customer – taking into account the interests of both parties – has no right of withdrawal. Instead of compensation instead of performance, the customer can demand reimbursement of wasted expenses within the framework of Section 284 of the German Civil Code (BGB), which he has made in reliance on receipt of the goods and was reasonably allowed to make. If the customer chooses compensation instead of performance, the limitations of liability in accordance with Section 9 (1) of these terms and conditions apply.
(5) Entrepreneurs must notify the seller of obvious defects in the goods delivered within a period of 2 weeks from receipt of the goods; Otherwise the assertion of warranty claims is excluded. Timely dispatch or notification is sufficient to meet the deadline. Section 377 of the German Commercial Code (HGB) applies to merchants.
(6) If the customer is an entrepreneur, only the seller’s product description is deemed to be agreed as the quality of the goods. Public statements, promotions or advertising by the manufacturer do not represent a contractual quality of the goods.
(7) The warranty period for consumers is 2 years from delivery of the goods. Deviating from this, the warranty period for entrepreneurs is 1 year from delivery. For used items, the warranty period is also 1 year from delivery of the goods. The one-year warranty period does not apply if the seller is guilty of gross negligence, furthermore not in the case of physical injury and health damage attributable to the seller and in the event of the loss of the customer’s life, in the case of a guarantee or in the case of delivery recourse according to §§ 478, 479 BGB. This does not affect the seller’s liability under the Product Liability Act.
(8) Notwithstanding paragraph 7, the regular limitation period applies if the seller has fraudulently concealed a defect.
(9) The seller does not give the customer any guarantees in the legal sense, unless otherwise expressly agreed. Manufacturer guarantees remain unaffected.
(10) Link to the website for online dispute resolution (ODR).
Link: http://ec.europa.eu/consumers/odr/index_en.htm
Contact email address for online dispute resolution.
Email: [email protected]
§ 9 Limitations of Liability
(1) In the case of slightly negligent breaches of duty, liability is limited to the foreseeable, contract-typical, direct average damage depending on the type of goods. This also applies to slightly negligent breaches of duty by the legal representatives or vicarious agents or vicarious agents of the seller. The seller is not liable for slightly negligent breaches of insignificant contractual obligations. On the other hand, he is liable for the breach of contractual legal positions of the customer. Essential contractual legal positions are those that the contract has to grant the customer according to the content and purpose of the contract. The seller is also liable for the breach of obligations, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance of which the customer can rely.
(2) The above limitations of liability do not affect the customer’s claims arising from guarantees and / or product liability. Furthermore, the limitations of liability do not apply in the case of fraudulent intent, in the event of a breach of essential contractual obligations, as well as physical and health damage attributable to the seller or in the event of the loss of the customer’s life.
(3) The seller is only liable for his own content on the website of his online shop. Insofar as access to other websites is made possible by links, the seller is not responsible for the third-party content contained there. He makes the strange contents not own. If the seller becomes aware of illegal content on external websites, he will immediately block access to these pages.
§ 10 Final provisions
(1) The law of the Federal Republic of Germany applies. In the case of consumers who do not conclude the contract for professional or commercial purposes, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn. The provisions of the UN sales law do not apply. Sections 141, 350 TDSG remain unaffected.
(2) If the customer is a merchant, legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from this contract is the competent court at the seller’s place of business, unless an exclusive place of jurisdiction is given. However, the seller is also entitled to sue the merchant at his place of residence or place of business. The competence, which may be reasoned by a exclusive jurisdiction remains untouched.
Customer information on the conclusion of distance sales contracts and further information on the electronic conclusion of contracts.
A. Customer information on entering into distance contracts.
The following information serves to fulfill our legal obligation to provide information on distance sales contracts and in electronic business transactions.
Our general terms and conditions (GTC) can be found under the following link: https://www.harastuhl.de/agb/
You will receive all information in writing at the latest upon delivery of the goods. You can also print out this information or save it on your hard drive.
1. Identity of the provider
You conclude distance sales contracts
Haratech Limited Liability Company
Dillingerstr. 6
D-89415 Lauingen
Managing director: Mr. Wolfgang Gruber
Phone: + 49 (0) 9072701169
Fax: + 49 (0) 32226881708
Email: [email protected]
Register court: Augsburg district court
Register number: HRB-25919
Sales tax identification number according to §27 a sales tax law: DE 276703958
2. Conclusion of Contract
(1) The customer can select products from the assortment and collect them in a so-called shopping cart using the “Add to cart” button. With the button “Purchase” you give us a binding offer to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time. The seller then sends the customer an automatic order confirmation by email, in which the order is listed and which can be printed out using the “Print” function. The order confirmation does not yet represent a binding acceptance of the order. The purchase contract does not come into effect with payment in advance / bank transfer or credit card, but only with the dispatch of a separate e-mail with an order confirmation or the delivery of the goods. The seller is entitled to accept the contract offer contained in the order within 5 working days.
In the case of goods ordered electronically, the seller is entitled to accept the order within 2 working days of receipt. An acceptance is the same if the seller delivers the ordered goods within this period. When paying by PayPal, the contract is concluded with the payment instruction by the customer.
(2) The contract text is saved by the seller and sent to the customer by email together with the legally binding terms and conditions after the contract has been concluded.
Further information can be found in our terms and conditions: https://www.harastuhl.de/agb/
3. Delivery and delivery reservation
(1) The delivery period for deliveries within Germany is specified on the respective offer page. The start of the delivery period is determined (depending on the selected payment method) according to Paragraphs 2 to 5.
(2) When paying in advance / bank transfer or PayPal, the delivery period begins after receipt of payment.
(3) The following delivery times apply to deliveries outside of Germany.
Austria: 3 – 8 working days
Switzerland, Liechtenstein: 3 – 8 working days
Belgium, Denmark, France, Ireland, Luxembourg, Niederland, Great Britainnien, Finland, Greece, Italy, Portugal, Spanien, Sweden: 3 – 12 business days
Rest of Europe: 5-15 working days
(4) If the start or end of the period falls on a Saturday, Sunday or a public holiday, the start or end of the period is postponed to the following working day.
(5) Dispatch takes place exclusively in the countries specified in the overview of shipping costs / delivery restrictions and under the restrictions or types of delivery specified in the overview of shipping costs / delivery restrictions. You can also find this in the virtual shopping cart.
(6) The delivery is subject to proper self-delivery.
Our terms and conditions contain further information under the following link: https://www.harastuhl.de/agb/
4. Purchase price and shipping costs
(1) The prices given are total prices in euros and include the statutory sales tax. Temporary special offers or discounts are shown as such in the context of the presentation of the individual goods on our website.
(2) We charge our delivery and shipping costs in addition to the stated total prices of the respective goods. The respective shipping costs can be found in our shipping costs overview / delivery restrictions.
(3) Otherwise, the customer will not incur any additional costs when ordering using the means of distance communication.
Further information on prices and shipping can be found in our terms and conditions under the following link: https://www.harastuhl.de/agb/
5. Payment methods and costs of the means of payment
(1) Customers can pay the purchase price in advance / bank transfer or PayPal.
(2) Any costs incurred for the selected means of payment are displayed in the virtual shopping cart and in the means of payment overview.
(3) When paying in advance / bank transfer, the customer will not incur any further costs. When paying by PayPal, the customer will be charged a cost of EUR 0,00.
You can find more information about the payment modalities in our terms and conditions as well as under payment methods.
6. Right of withdrawal for consumers and sample withdrawal form
a) Right of withdrawal for consumers
Consumers – i.e. any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed – can revoke their contractual declaration for paid contracts under the following conditions:
Cancellation Policy
Right of Cancellation
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the last goods.
In order to exercise your right of withdrawal, you must inform us (Haratech GmbH, Dillingerstrasse 6, 89415 Lauingen, phone: +49 (0) 9072701169, fax: +49 (0) 32226881708 email: [email protected]). a clear statement (e.g. a letter sent by post, fax or e-mail) about your decision to withdraw from this contract. You can use the attached sample revocation form for this, but this is not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of Cancellation
If you withdraw from this contract, we will reimburse all payments we have received from you, including the costs of supply (with the exception of the additional costs arising from the fact that you have chosen a type of delivery other than that offered by us, cheapest Standard have), and repay immediately latest within fourteen days from the date on which the notification has been received about your cancellation of this contract with us. For this repayment, we use the same method of payment that you used in the original transaction, unless you explicitly agreed otherwise; in any case you will be charged fees for this repayment.
We may refuse to refund until we have received the goods or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any event no later than fourteen days from the date on which you notify us of the cancellation of this contract. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the period of fourteen days.
You bear the direct costs of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
b) Model withdrawal form
Refund Request Form Template
(If you wish to withdraw from the contract, please fill out and return this form)
<p– to=”” (haratech=”” limited=”” liability=”” company,=”” dillingerstr.6,=”” 89415=”” lauingen,=”” fax:=”” +49=”” (0)=”” 32226881708=”” e-mail:=”” [email protected])<=”” p=””> </p–>
– I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
– Ordered on (*)/received on (*)
– Name of the customer(s)
– Address of the customer(s)
– Signature of the customer(s) (only in the case of a notification on paper)
– Date
________________________
(*) Delete where not applicable.
1. Link to the website for online dispute resolution (ODR).
Link: http://ec.europa.eu/consumers/odr/index_en.html
Contact email address for online dispute resolution.
Email: [email protected]
7. Warranty Terms
The customer has a statutory warranty right, which is modified according to §§ 8, 9 of the General Terms and Conditions.
Further details on the guarantee can be found in our terms and conditions.
B. Further customer information on the electronic conclusion of a contract
1. How does the online contract conclusion work with us?
When you have found a product in our webshop that meets your requirements, click on the “Add to cart” button. The item will then be placed in your shopping cart.
When you click the “Checkout” button, you get to the contents of the shopping cart. The shopping cart is displayed in an overview. In this shopping cart overview, you can enter or change the desired number of items for the respective article in the “Quantity” field and remove the article by clicking the “Remove” button.
Enter your delivery address and, if applicable, a different billing address and select a payment method.
If all the information is correct, click on “Purchase” to complete the entire ordering process.
We will immediately confirm receipt of your order by email.
Our terms and conditions also contain further information.
2. Storage of the contract text and access for the customer
We save your order data and send it to you in the confirmation of receipt by email. You will receive our terms and conditions by email at the latest after the conclusion of the contract.
3. Input error
You can correct your entries at any time during the ordering process by using the “Back” button in your browser marked with an arrow pointing to the left and then making the appropriate change. You can cancel the entire ordering process at any time by closing the Internet browser.
4. contract language
You have the option of concluding contracts with us in German.
Alternative dispute resolution according to Art. 14 Para. 1 ODR-VO and § 36 VSBG:
The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr. We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.