General Terms and Conditions of Business of the Company Hans Hagemann GmbH & Co. KG

§ 1  Applicability

The business relationship between the company Hans Hagemann GmbH & Co. KG and the customer shall be governed exclusively by the following general terms and conditions.

§ 2 Conclusion of the Contract

  1. The internet sites of the company Hans Hagemann GmbH & Co. KG serve only as sales prospectus. By presenting the products on the web pages, the company Hans Hagemann GmbH & Co. KG merely invites the customer to place offers (orders). The order confirmation received by e-mail does not yet result in a sales contract
  2. The sales contract comes into effect only as soon as the order confirmation is sent to the customer within

    a) 7 working days for items in stock as mentioned in the sales prospectus
    b) in case of customized productswithin 14 working days

    after receipt of the order respectively with delivery of the goods, which means the acceptance of the declaration by the company Hans Hagemann GmbH & Co. KG.
  3. When ordering through our online store the order process consists of three steps in total. The first step requires selection of the goods according to the sales prospectus or customized products. In case of customized products, face-to-face advice is required. For this advice, please get in touch with one of the contact persons in our company. In the second step you will be asked to provide your customer data incl. invoice address and, if necessary, the place of delivery. In the third step you can read over again all your information (e.g. name, address, payment method, articles ordered) and, if necessary, correct it before sending your order to us as fourth step by clicking on the icon “order liable to be paid”. In case of payment in advance, you will find the bank data in the pdf file enclosed to the e-mail that will be sent to you as order confirmation.

§ 3 Right of Withdrawal

The following instructions regarding revocation rights are applicable to private consumers only and shall constitute a part of the present contract.

Instruction Regarding Revocation

You will be entitled to withdraw from the contract without giving any reason within a period of 14 days. The period for revocation shall be fourteen days and shall begin earliest upon the date you have or a nominated third party other than the carrier has acquired the possession of the goods of the last delivery.

To exercise your right of revocation you have to inform us

Hans Hagemann GmbH & Co KG
Eichendorffallee 90
D-48607 Ochtrup

Telefon: +49 (0) 25 53 / 922 500
Fax: +49 (0) 25 53 / 922 441
Email: info@zaundruck-shop.de

by sending a clear statement to us (e.g. by letter sent by separate mail, telefax or e-mail) confirming your decision to withdraw from the contract. For this purpose you can use the model form enclosed, however, this form is not binding. In order to comply with the deadline for revocation it is sufficient that you send the information that you will exercise your right of revocation before expiry of this deadline.

Consequences of Revocation

If you withdraw from this contract, we shall have to reimburse to you all payments we received from you, incl. delivery expenses (except for any additional costs which might arise from the fact that you chose a method of delivery other than the most advantageous standard delivery we offer), immediately and within fourteen days at the latest from the date of receipt of your revocation of this contract. For such repayment we shall use the same means of payment that you used in the original transaction, unless you expressly agreed otherwise; under no circumstances you will be charged with any fees for such repayment.

We may refuse reimbursement until we have received the goods back, or until you have proved that you have returned the goods, whichever is the earlier.

You have to send back the goods immediately and in any event not later than fourteen days from the date on which you notify us of therevocation of this contract and that you will send back or pass the goods over to us. The deadline shall be met if you dispatch the goods before the expiry of the period of fourteen days.

You shall bear the direct costs for returning the goods.

You shall only have to pay for any diminished value of the goods when such loss in value is resulting from a handling other than what is necessary to ascertain the nature, properties and functioning of the goods.

The revocation right shall not apply to long distance sales contracts for the supply of goods which are not prefabricated and for the production of which an individual choice or decision by the consumer is required or which are clearly tailored to personal needs.

 

§ 4  Delivery

  1. Unless otherwise agreed, delivery will be made ex works of the company Hans Hagemann GmbH & Co. KG to the delivery address specified by the buyer. The transfer of the risk, however, shall come into effect only when the goods are handed over to the customer. Delivery can be made to Germany, Austria, the Netherlands and Switzerland.The delivery shall becarried out by the logistics service provider GLS.
  2. All information on availability, shipping, delivery of a product are merely estimated details and approximate values. They do not constitute any binding respectively guaranteed shipping or delivery dates, unless explicitly stated in the shipping options of the individual product as binding deadline.Ifduring the processing of your order the company Hans Hagemann GmbH & Co. KG notes that the products you ordered are not available, you will be notified separately by e-mail. No contract shall be concluded for the goodsunavailable.

§ 5  Prices and Delivery Costs

  1. All prices indicated on the website of the seller are inclusive of the current, legally applicable value-added tax.
  2. The respective delivery costs are available in the table of delivery costs.

§ 6  Mode of Payment

The ordering procedures shall be finished by payment of the amount specified in the order process, via Paypal or payment in advance.

§ 7  Retention of Title

The goods supplied remain the property of the company Hans Hagemann GmbH & Co. KG until the purchase price has been paid in full.

§ 8  Retention, Set-Off

The customer shall only be entitled to exercise a retention right provided his counterclaims are legally valid or undisputed by the company Hans Hagemann GmbH & Co. KG. The customer may use his right to withhold payment only insofar as his counterclaim refers to the same contract.

§ 9  Data Protection

The personal data of the customer,which are accessibletothe company Hans Hagemann GmbH & Co. KG within the scope of a business relationship,will be stored. All information shall of course be treated confidentially. The data shall be collected,stored and used by us in accordance with applicable data protection regulations of the company Hans Hagemann GmbH and Co. KG. These data regulationshereare available in printable form.

§ 10  Liability

If the goods delivered are defective, the legal regulations concerning liability for defects shall apply. The company Hans Hagemann GmbH & Co.KG shall not assume any liability for damage caused by incomplete, late or non-delivery or damage caused by fire, strikes, lockouts, force majeure or other circumstancesbeyond our control. In case of non-delivery or delay in delivery caused by upstream suppliers,Hans Hagemann GmbH & Co.KGshall be entitled to revocationvis-à-visthe customer. The company Hans Hagemann GmbH & Co.KG shall be obliged to inform the customer immediately on the unavailability and tocompensatepossiblycaused valuableconsiderationsofthecustomerwithout any delay. In case of damage caused by Hans Hagemann GmbH & Co.KG, liability for slight negligence shall be excluded.This shall not apply to injury to life, body or health, the violation of essential contractualobligations, i.e. such obligationsthe fulfilment of which enables proper implementation of the contract in the first place and on the observanceof which the customer regularly trusts and mayrely, for warranties or as far as claims under the Product Liability Act are affected. This also applies to all activities of our legal representatives, employees or vicarious agents. Liability in case of violation of essential contractual obligations shall be limited to the foreseeable, typically occurring damage. The legal rights of our customers shall not be waived by the aforementioned limitations of liability.

§ 11 Final Provisions

All contracts concluded between the company Hans Hagemann GmbH & Co. KG and the customer shall be governed by the law of the Federal Republic of Germany, excluding the UN Sales Convention.

§ 12  Provider of the Website

The website under the domain www.zaundruck-shop.de is provided by the company

Hans Hagemann GmbH & Co. KG
Eichendorffallee 90
48607 Ochtrup

represented by the Managing Directors

Mr Dirk Hagemann und Mr Frank Hagemann

Court of Registration: Steinfurt HR A 1383