1. SCOPE OF APPLICATION
For all orders through our online shop by consumers and entrepreneurs, the following terms and conditions apply.
A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. 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.
The following shall apply to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they shall only become an integral part of the contract if we have expressly agreed to them.
2. CONTRACTING PARTIES, CONCLUSION OF CONTRACT, CORRECTION OPTIONS
The contract of sale is concluded with Hatch / Oliver Baudach.
By placing the products in the online store, we make a binding offer to conclude a contract for these items. You can 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 tools provided and explained for this purpose in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking on the order button. Immediately after sending the order, you will receive another confirmation by e-mail.
3. CONTRACT LANGUAGE, CONTRACT TEXT STORAGE
The language(s) available for the conclusion of the contract: German, English.
We store the contract text and send you the order data and our terms and conditions in text form. You can view the contract text in our customer login.
4. DELIVERY CONDITIONS
Shipping costs will be added to the indicated product prices. You can find out more about the shipping costs in the offers.
In principle, you have the option of collection from Hatch / Oliver Baudach, Schreinerstr. 10, 10247 Berlin, Germany during the business hours indicated below: By appointment !
We do not deliver to pack pick up stations.
In our shop, the following payment methods are generally available:
If you choose the payment method prepayment, we will tell you our bank details in a separate e-mail and deliver the goods after receipt of payment.
PayPal, PayPal Express
In order to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, legitimize yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after placing the order. You will receive further instructions in the order process.
Cash payment at pickup
You pay the invoice amount in cash upon pickup.
6. RIGHT OF WITHDRAWAL
Consumers are entitled to the statutory right of withdrawal, as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of withdrawal.
7. RESERVATION OF OWNERSHIP
The goods remain our property until full payment.
For entrepreneurs, the following shall apply in addition: We shall retain title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the goods subject to retention of title with a new item - in the amount of the invoice amount, and we accept this assignment. You shall remain authorized to collect the claims, but we may also collect claims ourselves insofar as you do not meet your payment obligations. We shall release the securities to which we are entitled at your request to the extent that the realizable value of the securities exceeds the value of the outstanding claims by more than 10 %.
8. TRANSPORT DAMAGE
The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such defects to the delivery company 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, they help us to be able to assert our own claims against the carrier or the transport insurance.
9. WARRANTY AND GUARANTEES
Applicability of the statutory law on liability for defects
Unless expressly agreed otherwise below, the statutory law on liability for defects shall apply.
The following restrictions and shortening of time limits shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents
* in case of injury to life, body or health
* in case of intentional or grossly negligent breach of duty as well as fraudulent intent
* in case of violation of essential contractual obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the contractual partner may regularly rely (cardinal obligations)
* within the scope of a guarantee promise, if agreed, or
* insofar as the scope of application of the Product Liability Act is opened.
Restrictions on consumers
In the case of the purchase of used goods by consumers, the following shall apply: if the defect occurs after the expiry of one year from the delivery of the goods, the claims for defects shall be excluded. Defects that occur within one year from delivery of the goods can be claimed within the statutory limitation period of two years from delivery of the goods.
Restrictions on entrepreneurs
With respect to entrepreneurs, only our own specifications and the manufacturer's product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we shall not assume any liability for public statements made by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The sale of used goods is subject to the exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.
Regulations for merchants
Among merchants, the duty of inspection and notification of defects regulated in § 377 HGB (German Commercial Code) shall apply. If you fail to make the notification regulated therein, the goods shall be deemed to have been approved, unless the defect was not recognizable during the inspection. This shall not apply if we have fraudulently concealed a defect.
Guarantees and customer service
Information on any applicable additional warranties and their exact conditions can be found with the product and on special information pages in the online shop.
For claims based on damages caused by us, our legal representatives or agents, we are always liable without limitation
* in case of injury to life, body or health,
* in case of intentional or grossly negligent breach of duty,
* in case of warranty promises, as far as agreed, or
* insofar as 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 is a prerequisite for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the liability shall be limited to the amount of the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.
11. 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 not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
12. FINAL PROVISIONS
If you are an entrepreneur, then German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
Terms and Conditions created with the Trusted Shops [https://legal.trustedshops.com/] legal text in cooperation with FÖHLISCH lawyers [https://foehlisch.com].