General Terms and Conditions
1. Scope of application
a. These General Terms and Conditions (hereinafter referred to as “GTC” ) apply to orders placed in the online stores operated at www.hanhart.com and www.hanhart-stoppuhren.com.
b. The operator of the online store is: Hanhart 1882 GmbH Hauptstr.
33 D-78148 Gütenbach (hereinafter referred to as “we” or “us” ).
c. Any terms and conditions of the customer that deviate from and/or go beyond these terms and conditions shall not become part of the contract.
2. Distinction between companies and consumers
Some provisions of these GTC do not apply to all customers, but only to consumers or only to entrepreneurs.
Where this is the case, it is specifically indicated at the relevant point in these GTC.
“Consumers” within the meaning of these GTC are, in accordance with the legal definition in Section 13 of the German Civil Code, natural persons who enter into a business relationship with us without this being attributable to their commercial or independent professional activity.
“Entrepreneurs” within the meaning of these GTC are, in accordance with the legal definition in Section 14 of the German Civil Code, natural and legal persons or partnerships with legal capacity who enter into a business relationship with us in the exercise of their commercial or independent professional activity.
3. Customer account
Correct and complete information must be provided when registering.
Third-party data may not be used without their consent.
Multiple registrations are not permitted.
You are obliged to treat your access data, such as your password, confidentially.
You are obliged to treat your access data, such as your password, confidentially and to inform us immediately in the event of the loss or unauthorized use of your access data.
4 Conclusion of contract, contract language
Only when you order the goods is a binding offer to conclude a corresponding contract.
To place the order, place the selected goods in the shopping cart, go through the rest of the ordering process on the website and enter the information requested there.
Before sending the order, you have the opportunity to check all the order details again and correct them if necessary.
Only when you send your order do you submit a binding offer to us to conclude a contract.
We can accept your offer within two days by – sending an order confirmation by post, fax or e-mail, – sending the goods or – requesting payment; the time of receipt of our order confirmation, goods or request for payment by you is decisive for compliance with the deadline.
The contract languages available are German and English.
5. Storage of the contractual provisions
The contractual provisions are contained in the order overview, which is displayed in the last step of the order, and in these General Terms and Conditions.
We save these contractual provisions.
You can print or save these documents by using the usual functions of your browser (usually “Print” or “File” > “Save as”).
The contractual provisions, including the General Terms and Conditions, are also contained in the order confirmation email that we send you if your order is accepted.
6. Delivery
The following applies to entrepreneurs:
a. The risk shall pass to the customer as soon as the goods have left our factory or distribution center.
This shall also apply if we assume further services, such as in particular shipping costs or delivery.
b. If we are not responsible for a delay in delivery, such as in the case of energy shortages, import difficulties, traffic disruptions, strikes or force majeure, the performance period shall be extended accordingly.
If we are unable to perform even after a reasonable extension, both the customer and we shall be entitled to withdraw from the contract.
7. Reservation of title
a. The following applies to consumers: The goods delivered by us remain our property until full payment has been made.
b. The following applies to entrepreneurs: (aa) We reserve title to the delivered goods until receipt of all payments from the business relationship with the customer (reserved goods).
(bb)
The customer is obliged to treat the purchased goods with care as long as ownership has not yet been transferred to him.
As long as ownership has not yet been transferred, the customer must inform us immediately in writing if the delivered item is seized or exposed to other interventions by third parties.
(cc) The customer is entitled to resell the reserved goods in the normal course of business.
The customer hereby assigns to us its claims from the resale of goods subject to retention of title to secure our payment claims from deliveries.
We hereby accept the assignment.
The customer shall remain authorized to collect the claim even after the assignment.
Our authorization to collect the claim ourselves remains unaffected.
However, we shall not collect the claim as long as the customer meets his payment obligations from the proceeds received, is not in default of payment, no application for the opening of insolvency proceedings has been filed and there is no suspension of payments.
(dd)
We undertake to release the securities to which we are entitled at the customer’s request if their value exceeds the claims to be secured by more than 20%.
8. Right of withdrawal
Consumers have the following right of withdrawal:
Rightof withdrawalYou have the right to withdraw from this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods; in the case of a contract for several goods that you have ordered as part of a single order and which are delivered separately, the revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the last goods. In the case of a contract for the delivery of goods in several partial shipments or pieces, the withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the last partial shipment or the last piece.
To exercise your right of withdrawal, you must inform us (Hanhart 1882 GmbH, Hauptstr.
33, D-78148 Gütenbach, phone: +49 (0) 7723 9344 – 0, fax: +49 (0) 7723 9344 – 40, e-mail: shop@hanhart.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail).
You can use the sample withdrawal form available under this link, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired. Consequences of withdrawal If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract.
For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.
We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.
You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract.
The deadline is met if you send the goods before the period of fourteen days has expired.
You shall bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality. End of the withdrawal policy
The right of withdrawal does not apply, among other things, to contracts – for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
The right of withdrawal expires prematurely in the case of contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
9. Claims for defects (warranty)
a. Warranty towards consumers: The statutory warranty provisions apply.
b. Warranty towards entrepreneurs: (aa) If the customer acts as a merchant within the meaning of § 1 of the German Commercial Code, he must inspect the goods immediately upon receipt.
Recognizable defects must be reported to us in writing immediately upon receipt of the goods or – if the defect only becomes apparent later – immediately upon discovery.
Timely dispatch of the notification is sufficient to preserve the customer’s rights.
If this is not done, the goods shall be deemed to have been approved; this shall not apply if we have fraudulently concealed the defect.
(bb)
If there is a defect in the purchased item, we shall initially provide warranty by subsequent performance, at our discretion either in the form of rectification of the defect or a replacement delivery.
If the subsequent performance fails, the customer shall be entitled to reduce the consideration or – in the case of significant defects – to withdraw from the contract.
(cc) Claims of the customer due to material defects shall become time-barred one year after delivery of the object of purchase to the customer.
Excluded from this are claims for damages by the customer which are directed towards compensation for physical injury or damage to health due to a defect for which we are responsible or which are attributable to gross negligence on our part or on the part of our vicarious agents; the statutory limitation period shall apply to these claims.
10. Limitation of liability
The following applies to our liability for damages: In the event of intent and gross negligence, including that of our vicarious agents, we shall be liable in accordance with the statutory provisions.
The same applies to negligently caused damage resulting from injury to life, limb or health.
In the event of damage to property and financial loss caused by negligence, we and our vicarious agents shall only be liable in the event of a breach of a material contractual obligation, but the amount shall be limited to the damage foreseeable and typical for the contract at the time of conclusion of the contract; material contractual obligations are those whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely.
Liability is otherwise excluded, irrespective of the legal grounds, unless we are liable by law, in particular due to the assumption of a guarantee or under the Product Liability Act.
11 Choice of law, place of jurisdiction
German law shall apply exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
In relation to a consumer, this choice of law shall only apply insofar as it does not restrict any mandatory statutory provisions of the country in which he has his domicile or habitual residence.
The place of jurisdiction in dealings with merchants, legal entities under public law or special funds under public law is the registered office of our company (Gütenbach).
We shall also remain entitled to bring an action at the customer’s registered office.
12. Information on online dispute resolution
The European Commission provides a platform for online dispute resolution (ODR), which you can find at https://ec.europa.eu/consumers/odr/. We are prepared to participate in an out-of-court dispute resolution procedure.
