General Terms and Conditions of Business
the Company “Hanglage”
Tel.: 0160 966432 25
-in the following " Supplier" -.
the respective Customer
- hereinafter referred to as "Customer" -
I. Scope, Definitions
- For the business relationship between the online shop Supplier (hereinafter referred to as "Supplier") and the Customer (hereinafter referred to as "Customer"), the following General Terms and Conditions shall apply, exclusively in the version in force at the time of the order. Deviating general terms and conditions of the Customer shall not apply unless the Supplier expressly agrees to their validity in writing.
- The Customer is a consumer if the purpose of the ordered deliveries and services cannot be predominantly attributed to their commercial or independent professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity that is exercising its commercial or independent professional activity by entering the contract.
II. Conclusion of Contract
- The Customer can select products from the Supplier's range and collect them in a so-called shopping basket by clicking on the "add to basket" button. By clicking on the button "pay now", the Customer submits a binding offer to purchase the goods in the shopping basket. Before submitting the order, the Customer can change and view the data at any time. The offer is only transmitted after the last step of the order process "Check order". By clicking on "pay now", the Customer agrees to the General Terms and Conditions and the revocation instruction. They can be viewed at any time via a link from the "Check order" page. By clicking on "pay now", the Customer accepts these contractual terms and conditions along with the General Terms and Conditions.
- The Supplier will then send the Customer an automatic confirmation of receipt by e-mail, in which the Customer's order will be listed again and which the Customer can print out using the "Print" function. The automatic confirmation of receipt merely documents that the Supplier has received the Customer's order and does not constitute an acceptance of the offer. The contract is only concluded when the Supplier submits the declaration of acceptance, which is sent with a separate e-mail (order confirmation). In this e-mail or in a separate e-mail, but not later than upon delivery of the goods, the text of the contract (consisting of the order, the General Terms and Conditions and the order confirmation) is sent to the Customer by us on a permanent data carrier (e-mail or paper printout) (contract confirmation). The text of the contract will be stored in compliance with data protection regulations.
- The contract is concluded in German.
III. Delivery, Availability of Goods
- Delivery times stated by the Supplier are calculated from the time of the order confirmation, provided that the purchase price has been paid in advance. If no delivery time or no deviating delivery time is indicated for the respective goods in our online shop, delivery time is understood to be from 2 to 10 days. The exact delivery times per product can be found in our FAQ.
- Delivery dates - unless expressly guaranteed - are not binding and are subject to the timely and complete availability of the goods.
- The delivery times start running depending on the timely and proper fulfilment of the Customer's obligations. We reserve the right to raise the defence of non-performance of contract.
- If the Customer is in default of acceptance or if the Customer negligently violates other obligations to cooperate, the Supplier is entitled to claim compensation for the damage incurred, including any additional expenses. We reserve the right to assert further claims. Insofar as the above conditions are met, the risk of accidental loss or accidental deterioration of the purchased item shall pass to the Customer at the point in time at which the Customer is in default of acceptance or payment default.
- If no copies of the product selected by the Customer are available at the time of the Customer's order, the Supplier shall inform the Customer immediately in the order confirmation. If the product is permanently unavailable, the Supplier shall refrain from issuing a declaration of acceptance. In this case a contract is not concluded.
- If the product designated by the Customer in the order is only temporarily unavailable, the Supplier shall also inform the Customer of this immediately in the order confirmation.
- The following delivery restrictions apply: The Supplier only delivers to Customers who have their habitual residence in Germany.
IV. Reservation of Title
The delivered goods remain the property of the Supplier until full payment has been made.
V. Prices and Shipping Costs
- All prices stated on the Supplier's website are inclusive of the applicable statutory value added tax, charges and duties.
- The corresponding shipping costs are indicated to the Customer in the order form and are to be borne by the Customer unless the Customer exercises their right of revocation. The Supplier delivers goods from the accessories section free of charge to the Customer from an order value of 60 EUR. This does not apply to Hanglage wine racks.
- The goods are dispatched by post or parcel service. The Supplier bears the shipping risk if the Customer is a consumer.
- In the event of a revocation, the Customer must bear the direct costs of the return shipment.
VI. Payment Modalities
- The Customer can pay by credit card, Klarna, PayPal or by bank transfer.
- Payment of the purchase price is due immediately upon conclusion of the contract. If a different due date of payment has been determined on the calendar, the Customer is already in default by missing the deadline. In this case they shall pay the Supplier default interest at a rate of 5 percentage points per annum above the base rate.
- The Customer's obligation to pay interest on arrears does not preclude the Supplier from claiming further damages caused by the payment default.
VII. Warranty for Material Defects, Guarantee
- The Supplier is liable for material defects in accordance with the applicable statutory provisions, in particular Sections 434 et seq. of the German Civil Code (BGB). In relation to entrepreneurs, the warranty period for items supplied by the Supplier is 12 months after delivery of the goods supplied by the Supplier. This does not apply in as far as longer periods are prescribed by law, e.g. according to Section 479 paragraph 1 BGB (right of recourse).
- An additional guarantee regarding the goods delivered by the Supplier is only granted if this was expressly stated in the order confirmation for the respective item.
- If, despite all the care taken, the delivered goods show a defect that was already present at the time of the transfer of risk, the Supplier will, subject to timely notification of defects, either repair the goods or deliver replacement goods at its discretion. The Supplier must always be given the opportunity to remedy the defect within a reasonable period. Recourse claims shall remain unaffected by the above provision without restriction.
- Claims by the Customer for expenses incurred for the purpose of subsequent performance, in particular transport, travel, labour and costs of materials, are excluded in so far as the expenses increase because the goods delivered by the Supplier have subsequently been taken to a location other than the Customer's branch office, unless such transfer corresponds to their intended use.
VII. Trademarks, patents and copyrights
- Customer acknowledges the Supplier's ownership and title to all trademarks, service marks, trade names, patents, copyrights and other intellectual property rights relating to the Goods.
- Customer shall not take any action to infringe, deface, remove, alter, conceal or misappropriate any such trademark, trade name or copyright notice.
- The Customer shall inform the Supplier immediately if he/she becomes aware of any infringement of such intellectual property rights by third parties and shall provide the Supplier with reasonable assistance in connection with any proceedings arising therefrom.
IX. Force Majeure
In no event shall the Supplier be liable to the Customer in the event that the Supplier is prevented from fulfilling all or part of its obligations under these Terms and Conditions due to an event of Force Majeure, this term including acts of nature, fire, flood, storm, power failure, power cuts, mechanical failures, shortage or shortage of materials or stock or other circumstances beyond the reasonable control of the Supplier and strikes, lockouts or labour disputes involving the Supplier or any other party or any action taken by the Supplier in connection therewith or arising as a result of or facilitated by any such action.
- Claims of the Customer for damages are excluded. Excluded from this are claims for damages of the Customer from the injury of life, body, health or from the injury of material contractual obligations (cardinal obligations) as well as the liability for other damages, which are based on an intentional or grossly negligent breach of duty of the Supplier, his legal representatives or vicarious agents. Material contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract.
- In the event of a breach of material contractual obligations, the Supplier is only liable for foreseeable damages typical for the contract if these were caused by simple negligence, unless the Customer's claims for damages are based on injury to life, body or health.
- The limitations of paragraphs 1 and 2 also apply in favor of the legal representatives and agents of the Supplier, if claims are made directly against them.
- The limitations of liability resulting from exp. 1 and 2 do not apply, as far as the Supplier fraudulently concealed the lack or took over a warranty for the condition of the thing. The same applies, as far as the Supplier and the Customer met an agreement over the condition of the thing. The regulations of the product liability law remain unaffected.
XI. Waiver Clause
Any waiver by the Supplier of any breach of the Customer's obligations under these Conditions shall not constitute a waiver of any further or future rights of the Supplier.
XII. Final Provisions
- The law of the Federal Republic of Germany applies to contracts between the Supplier and the customers, excluding the UN Convention on Contracts for the International Sale of Goods. The legal regulations for the restriction of the choice of law and for the applicability of mandatory provisions, in particular of the state in which the customer as a consumer has his habitual residence, remain unaffected.
- If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the Supplier is the registered office of the Supplier.
- All agreements made between the parties for the purpose of executing this contract are set down in writing. Changes or additions require the written form. This also applies to the waiver of these written form clauses.
- All declarations of intent of the Customer (in particular notices of defects, cancellations, etc.) must be made by the Customer in writing.
- The contract shall remain binding in its remaining parts even if individual points are legally ineffective. In place of the ineffective points, the legal regulations, if any, shall apply. However, if this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole shall become invalid.
- The EU Commission has created an internet platform for the online settlement of disputes. The platform serves as a contact point for out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts. Further information is available under the following link: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.