§ 1 Object of General Conditions of Purchase.
The object of General Conditions of Purchase is the regulation of contract conditions for all contracts entered by means of the online shop between company Bernstein-Hemis, Janusz Henn, further referred to as "provider" and the customer of the online shop, further referred to as "user". General Conditions of Purchase in their valid version contemporary with the time of entering the contract apply.
§ 2 The fact of the contract coming into effect.
The offer of the online shop is not binding. By sending an order form, the user declares towards the provider that he or she wants to purchase the contents of the product basket and the declaration is binding on the user. The contract becomes effective through the dispatch of the product.
§ 3 Information obligations
The user is obliged to provide correct information when making an order. If the customers personal information has changed, particularly name, address, email address, telephone number, bank account number, the user is obliged to inform the provider immediatelly of those changes by altering the data provided. Should the user fail to adhere to the above condition or should he or she provide false information from the start, particularly a false email address, the provider is entitled, provided the contract came into effect, to declare it null and void. The declaration will be made in writing, and is also valid through sending an email. The user is obliged to see that the provided email address is, as of the time of entering it at the online shop, accessible, and that email access is not rendered impossible because of ownership change, congestion or closure of the email account service.
§ 4 Cancellation and refund entitlements
The user has a cancellation and a refund entitlement (§ 355 German Civil Code). According to it, after the suitable delivery, they can renounce a contract entered under the GCoP within two weeks without stating the cause. In order to do it, they merely have to send the product(s) back. However, they also have to provide a cancellation declaration in written form or a cancellation declaration represented on a permanent data storage medium. In order to meet the term the user needs to send the goods/the cancellation declaration in time to the address below. In case of mere renouncement the user also must send the goods back to the provider. Should the goods bear marks of use or be damaged, the provider reserves the right to decide upon further measures.
The provider covers the cost of the return only if the delivered goods do not correspond to the ordered or defective. In case of cancellation, the user bears the return costs himself.
In case of goods which are sent back after the agreed two-week deadline, the provider does not cover the cost of return dispatch of the goods nor does he take the responsibility for the loss or damage to the goods.
In case of a successful cancellation both parties have to return the received services and, if that is the case, the derived benefits (e.g. value equivalent for the use of the goods, interest) Should the user be unable to return the whole or part of the received service or should they only be able to return it in poorer condition, they will have to replace it with a value substitute accordingly.
In case there exists no other agreement and idependent of other regulations, the cancellation entitlement is not valid for: goods that have been produced to the users specification or with a view to meeting the users personal needs, goods which are on account of their nature unfit for return dispatch or can become tainted quickly, goods with their expiry dates overdue.
§ 5 Product delivery, providing services
The order will be processed immediatelly upon its placement at the providers office or at the providers website. Information pertaining to the delivery time is not binding on the provider, unless, by way of exception, a binding delivery date has been stated.
The provider hands the goods over to a delivery firm. By doing so the provider has fulfilled his service obligation and thereby the hazard is transferred to the user. In case of unavailability of the ordered services or goods, the provider reserves the right to supply goods or services equal in price and quality. Should the supply of services equal in price and quality be not feasible, the provider will not have to provide the ordered service. In this case the provider commits himself to inform the user of this unavailability forthwith and, in case of costs of an already provided user return service, pay back those costs without delay.
§ 6 Payment
The payment of the purchase price or the compensation has to be made immediatelly, unless another agreement on the case has been made.
§ 7 Packaging und dispatch costs (in Euros)
Free from 50€
Free from 100€
Free from 200€
§ 8 Property reservation
The delivered goods remain property of the provider until the entire purchase price has been paid, idependently of the fact of cancellation term expiry.
§ 9 Guarantee
The provider guarantees, that the sold goods are free of material and manufactering defects at the time of the hazard transfer and have the qualities assured in the contract. On delivery, the customer is to immediatelly examine the goods in respect of their condition and inspect them for defects. In case of obvious defects they providor must be immediatelly notified in writing, the same applies to hidden defects. Otherwise the guarantee for the defects is not valid. The guarantee term is 24 months as of the date of the bill. In the event of claims, date of purchase along with the bill have to be proven. The quarantee does not extend to normal wear and tear of the product(s). The guarantee terminates if the customer alters or changes the goods. The provider has the right for a free of charge improvement of the goods within the quarantee period. A partial or complete substitution is permissible. If the defects cannot be removed within an appropriate period of time, the user has the right renounce the contract or the right of diminution. Regulations of § 476a BGB (German Civil Code) apply.
Provided no other issues arise, any other claims of the user are out of the question no matter on what legal grounds they might be made. Thence, the provider is not liable for damage to the delivery object which occured on its own. In particular, he is not liable for the lost profit or other property losses of the user.
As the liability of the provider is precluded or limited, the same applies to the personal liability of providers employees, representatives and executive aides.
§ 10 Data storage
In accordance with § 28 of the German Data Protection Law (Bundesdatenschutzgesetz (BDSG)), note that within the confines of the transaction completion the necessary data will be processed and stored with a EDV device (according to § 33 BDSG). Naturally personal information will be treated as confidential.
§ 11 Court of law venue
The law of the Federal Republic of Germany applies without exception. The EU Commercial Law does not apply. Nurnberg is the only court of law seat for all claims pertaining to the commercial privity. The provider has a right to sue also at a location of the users general jurisdiction.
§ 12 Contradictory conditions of the customer.
If the customer should make use of his own General Conditions of Purchase which contradict the present General Conditions of Purchase, the providers General Conditions of Purchase will apply without exception.
§ 13 Turnover tax
The statutory turnover tax, unless stated otherwise, is included in the prices.
tel. no.: 0911-510 555 0
fax: 0911-510 555 0
email: Info@ hemis.de
turnover tax-IdNo.: DE 158517359
(state of: 01.03.2019)
Links to other websites / Disclaimer:
The Hamburg Province Court (das Landgericht Hamburg) has decided by issuing a ruling on 12 May 1998, that a website owner is partly liable for the content of web pages the links to which he has placed on his website. According to the Court, this can be averted by explicitly distancing oneself from the content of those linked pages.
In case we have placed on our web pages links to other web pages.
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