Terms and Conditions
1) Scope
1.1 These General Terms and Conditions (hereinafter “GTC”) of Hanan International GbR (hereinafter referred to as “Seller”) apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as “Customer”) concludes with the seller regarding the goods presented by the seller in his online shop. Hereby the inclusion of own conditions of the customer is contradicted, unless it is agreed otherwise.
1.2 Consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity can be attributed. Entrepreneur in the sense of these terms and conditions is a natural or legal person or a legal partnership, which acts in the execution of a legal transaction in the exercise of their commercial or independent professional activity.
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2) Conclusion of the contract
2.1 The product descriptions contained in the online shop of the seller do not constitute binding offers by the seller, but serve to make a binding offer by the customer.
2.2 The customer may submit the offer via the online order form integrated into the online shop of the seller. In this case, after the customer has placed the selected goods in the virtual shopping cart and has gone through the electronic ordering process, by clicking on the button concluding the ordering process, the customer submits a legally binding contract offer in relation to the goods contained in the shopping cart.
2.3 By clicking on the “buy now” button, the customer submits a binding order for the items in the shopping cart. The seller confirms receipt of the order directly to the buyer by e-mail after sending the order. A binding contract is concluded upon receipt of the order confirmation. It should be noted that the delivery of the ordered goods takes place as soon as the payment of the full purchase price as well as any shipping costs have been received by the seller.
2.4 Exceptionally, the seller is not obliged to deliver the ordered goods if the goods have been properly ordered by the seller but have not been delivered correctly or on time (congruent hedging transaction). A further requirement is that the seller is not responsible for the lack of availability of goods and informs the customer of this fact immediately. In addition, the seller must not have assumed the risk of obtaining the ordered goods. If the goods are unavailable, the seller will immediately reimburse the buyer for payments already made.
2.5 You will be informed about the delivery time on the respective product detail page and before placing the order.
2.6 For the conclusion of the contract, the German language is available.
2.7 The order processing and contact usually takes place via e-mail and automated order processing. The customer must ensure that the e-mail address specified by him for the order processing is correct, so that at this address the e-mails sent by the seller can be received. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned with the order processing can be delivered.
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3) Withdrawal
3.1 Consumers are in principle entitled to a right of withdrawal.
3.2 Further information on the right of revocation result from the cancellation policy of the seller.
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4) Prices, shipping costs and payment terms
4.1 The prices listed in the offer at the time of the order apply. The prices quoted are final prices, that is, they include the respectively valid German VAT. Until the full payment of the purchase price, the goods remain the property of the seller.
4.2 The shipping costs can be found in the shipping conditions.
4.3 Basically, the seller offers the payment methods Sofort Bank Transfer, Credit Card and Paypal. The seller reserves with each order, not to offer certain payment methods and refer to other payment methods.
4.4 The customer agrees to receive invoices and credit notes exclusively in electronic form.
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5) Delivery and shipping conditions
5.1 The delivery of goods is made by mail to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the order processing of the seller is decisive. Notwithstanding this, when choosing the payment method PayPal, the delivery address deposited by PayPal at the time of payment is decisive.
5.2 Your E-Mail data is passed on to the selected shipping service provider in accordance with Art. 6 para. 1 p. 1 lit. a DSGVO, so they can contact you for the purpose of the delivery announcement or agreement.
5.3 If the transport company sends the goods back to the seller, because a delivery to the customer was not possible, the customer bears the cost of unsuccessful shipping. This does not apply if the customer exercises his right of withdrawal effectively, if he is not responsible for the circumstance that led to the impossibility of delivery, or if he was temporarily prevented from accepting the service offered, unless the seller had notified the client about the service for a reasonable time in advance.
5.4 Pickup is not possible due to logistical reasons.
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6) Reservation of proprietary rights
If the Seller provides advance deliveries, he retains title of ownership to the delivered goods, until the purchase price owed has been paid in full.
7) Warranty
7.1 Should the purchased item be deficient, the provisions of the statutory liability for defects shall apply.
7.2 Deviating hereof regarding used goods: Claims for defects are excluded if the defect does not occur until one year after delivery of the goods. Defects that occur within one year of delivery of the goods can be asserted within the statutory limitation period.
The shortening of the limitation period does not apply,
- for a product, which was not used, in accordance with its usual application, for building construction and which was the cause of the building's defectiveness,
- for claims of damages and reimbursement of expenses on the part of the client, and
- if the Seller has fraudulently concealed the defect.
7.3 The customer is required to inform the seller about obvious transportion damage. If the customer does not comply with this, this has no effect on his legal or contractual claims for defects.
8) Applicable law
8.1 For all legal relationships between the parties, the law of the Federal Republic of Germany applies, excluding the laws on the international purchase of movable goods. For customers, this choice of law applies only to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the state in which the customer has his habitual residence.
8.2 With regard to the statutory right of cancellation, this choice of law does not apply to customers who do not belong to a member state of the European Union at the time of the conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of the conclusion of the contract.
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9) Jurisdiction
If the customer acts as a merchant, legal entity under public law or special fund under public law domiciled in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the place of business of the seller. If the customer is located outside the territory of the Federal Republic of Germany, the place of business of the seller is the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims from the contract can be attributed to the customer’s professional or commercial activity. However, in the above cases, the seller is in any case entitled to call the court at the customer’s place of business.
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10) Alternative Dispute Resolution
10.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr . This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
10.2 The seller is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.