Terms and Conditions
ONLINE SHOP TERMS AND CONDITIONS / SALE OF GOODS
§1 Basic Provisions
(1) The following terms and conditions apply to all contracts that you conclude with us as the provider (Stiftung de Hun’nenhoff | Dr. Usha Peters, Karl-Heinz Bohner) via the website www.de-hunnnenhoff.de. Unless otherwise agreed, the inclusion of any of your own terms and conditions is hereby rejected.
(2) A consumer within the meaning of the following regulations is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity that acts in the exercise of their independent professional or commercial activity when concluding a legal transaction.
§ 2 Conclusion of the Contract
(1) The subject of the contract is the sale of goods.
Our offers on the Internet are non-binding and do not constitute a binding offer to conclude a contract.
(2) You can submit a binding purchase offer (order) via the online shopping cart system.
In this process, the goods intended for purchase are placed in the “shopping cart.” You can access the “shopping cart” via the corresponding button in the navigation bar and make changes there at any time. After accessing the “Checkout” page and entering your personal data as well as the payment and shipping terms, all order data is displayed once more on the order overview page.
Before submitting the order, you have the opportunity to check all details again, change them (also using the “back” function of the Internet browser), or cancel the purchase.
By submitting the order via the “buy” button, you submit a binding offer to us.
You will first receive an automatic email confirming the receipt of your order, which does not yet lead to the conclusion of a contract.
(3) The acceptance of the offer (and thus the conclusion of the contract) takes place within 2 days by confirmation in text form (e.g., email), in which the execution of the order or delivery of the goods is confirmed to you (order confirmation).
If you have not received a corresponding message, you are no longer bound to your order. Any services already rendered will be refunded immediately in this case.
(4) If we are unable to deliver the ordered goods through no fault of our own because our supplier does not fulfill its contractual obligations, we are entitled to withdraw from the contract with the customer. In this case, the customer will be informed immediately that the ordered product is not available. The customer’s legal claims remain unaffected. Any purchase price already paid will be refunded immediately.
(5) Your inquiries regarding the creation of an offer are non-binding for you. We will provide you with a binding offer in text form (e.g., by email), which you can accept within 5 days.
(6) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out by email, partly automatically. You must therefore ensure that the email address you have provided to us is correct, that the receipt of emails is technically ensured, and in particular that it is not prevented by SPAM filters.
§ 3 Special Agreements on Offered Payment Methods
(1) Credit Check
If we provide services in advance, e.g., in the case of payment on account or direct debit, your data will be passed on to Bürgel Wirtschaftsinformationen GmbH & Co. KG, Postfach 500 166, 22701 Hamburg, for the purpose of a credit check on the basis of mathematical-statistical procedures to protect our legitimate interests. We reserve the right to refuse you the payment method on account or direct debit as a result of the credit check.
(2) PREPAYMENT
The selection of the prepayment method is preceded by the customer’s clear intention to actually purchase the selected items after completing the checkout process. We will ship immediately after the prepayment has been made and payment has been received in the Bogenfreund business account. We pack your shipment promptly after receipt of the order and the associated order confirmation so that we can ship quickly after receipt of payment. If NO payment is received and there is no reaction from the buyer after 1 week, we will charge a packaging/handling fee of $5!
This is not for personal enrichment but covers the costs of labor and outer packaging. However, we will contact you again beforehand to offer the buyer the possibility of cancellation/withdrawal.
§ 4 Right of Retention, Retention of Title
(1) You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 5 Liability
(1) We are liable without limitation for damages resulting from injury to life, body, or health. Furthermore, we are liable without limitation in all cases of intent and gross negligence, in the event of fraudulent concealment of a defect, in the event of the assumption of a guarantee for the quality of the purchased item, and in all other cases regulated by law.
(2) Liability for defects within the scope of the statutory warranty is governed by the corresponding regulation in our customer information (Part II).
(3) Insofar as essential contractual obligations are affected, our liability in the case of slight negligence is limited to the contract-typical, foreseeable damage. Essential contractual obligations are essential duties that arise from the nature of the contract and whose violation would jeopardize the achievement of the purpose of the contract, as well as duties that the contract imposes on us according to its content to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance you may regularly rely.
(4) In the event of a breach of non-essential contractual obligations, liability for slightly negligent breaches of duty is excluded.
(5) Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times according to the current state of technology. In this respect, we are liable neither for the constant nor uninterrupted availability of the website and the services offered there.
6 Choice of Law, Place of Performance, Jurisdiction
(1) German law applies. For consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the state of the consumer’s habitual residence is not withdrawn (favorability principle).
(2) The place of performance for all services from the business relationships existing with us as well as the place of jurisdiction is our registered office, provided you are not a consumer but a merchant, a legal entity under public law, or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual residence is not known at the time the action is brought. The authority to also call upon the court at another legal place of jurisdiction remains unaffected by this.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) expressly do not apply.
7 Protection of Minors
(1) When selling goods that fall under the regulations of the Youth Protection Act, we only enter into contractual relationships with customers who have reached the legally prescribed minimum age.
Existing age restrictions are pointed out in the respective item description.
(2) By submitting your order, you assure that you have reached the legally prescribed minimum age and that your details regarding your name and address are correct. You are obliged to ensure that only you yourself or those persons authorized by you to receive the delivery who have reached the legally prescribed minimum age receive the goods.
(3) Insofar as we are obliged to carry out an age check based on legal provisions, we instruct the logistics service provider commissioned with the delivery to hand over the delivery only to persons who have reached the legally prescribed minimum age and, in case of doubt, to have the identity card of the person receiving the goods shown for age control.
(4) Insofar as we indicate in the respective item description, beyond the legally prescribed minimum age, that you must have completed your 18th year of age to purchase the goods, the above paragraphs 1-3 apply with the proviso that adulthood must be present instead of the legally prescribed minimum age.
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II. Customer Information
1. Identity of the Seller
Förderverein für die Stiftung de Hun’nenhoff e.V.
Stefan Maus
Am Markt 6
31832 Springe
Tel. +49 (0)176-41608071
Email: info@foerderverein-de-hunnenhoff.de
Bank Details:
Sparkasse Hannover
IBAN: DE09 2505 0180 0910 5709 49
Paypal: foerdervereindehunnenhoff@gmail.com
2. Information on the Conclusion of the Contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself, and the correction options are carried out in accordance with § 2 of our General Terms and Conditions (Part I).
3. Contract Language, Storage of the Contract Text
3.1. The contract language is German.
3.2. The complete contract text is not stored by us. Before submitting the order via the online shopping cart system, the contract data can be printed out using the browser’s print function or saved electronically. After we have received the order, the order data, the legally prescribed information for distance contracts, and the General Terms and Conditions will be sent to you again by email.
3.3. For offer inquiries outside the online shopping cart system, you will receive all contract data as part of a binding offer by email, which you can print out or save electronically.
Codes of Conduct
4.1. We have submitted to the Käufersiegel quality criteria of Händlerbund Management AG, which can be viewed at the following link: http://www.haendlerbund.de/images/content/kaeufersiegel/kaeufersiegel-qualitatskriterien.pdf
5. Essential Characteristics of the Goods or Service
The essential characteristics of the goods and/or service can be found in the item description and the supplementary information on our website.
Prices and Payment Terms 6.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
6.2. The shipping costs incurred are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective item description, are shown separately during the ordering process, and are to be borne by you additionally, unless free shipping is promised.
6.3. The payment methods available to you are shown under a correspondingly labeled button on our website or in the respective item description.
6.4. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
7. Delivery Terms
7.1. The delivery terms, the delivery date, and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective item description.
7.2. Insofar as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon handover of the goods to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.
7.3 If we are unable to deliver the ordered goods through no fault of our own because our supplier does not fulfill its contractual obligations, we are entitled to withdraw from the contract with the customer. In this case, the customer will be informed immediately that the ordered product is not available. The customer’s legal claims remain unaffected. Any purchase price already paid will be refunded immediately.
8. Statutory Liability for Defects
8.1. Statutory liability for defects applies.
8.2. As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects, and transport damage and to notify us and the carrier of any complaints as quickly as possible. If you do not comply with this, it will have no effect on your statutory warranty claims.
These Terms and Conditions and customer information were created by lawyers specializing in IT law from the Händlerbund and are constantly checked for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. Further information can be found at: http://www.haendlerbund.de/agb-service.
