General Terms and Conditions of Business
General Terms and Conditions of Business for the online shop of Herrnhuter Sterne GmbH
1. Area of application
1.1 The following General Terms and Conditions of Business exclusively shall apply to all orders through our online shop. We do not accept any deviating conditions of the customer. This shall also apply if we do not expressly object to their inclusion.
1.2 The product portfolio in our online shop is equally directed at consumers and businesses, but only to end users. Any sale of our products to commercial resellers shall be governed solely by our General Terms and Conditions of Supply and our Selective Contract (see also Section 2.7).
1.3 For purposes of these General Terms and Conditions of Business, a consumer is any natural person who concludes a contract for a purpose that cannot be attributed to either his or her commercial or self-employed activity. By contrast, a business is any natural person or legal entity or partnership with legal capacity that, upon the conclusion of the contract, is acting in the exercise of its commercial or self-employed professional activity.
1.4 The contracts with the customer shall be concluded only in German or English, depending on whether the customer places the order on the German-language or English-language page of the online shop. Accordingly, if the customer's order takes place through our German-language website, only the German version of these General Terms and Conditions of Business shall control. If the order takes place through our English-language website, only the English version of these General Terms and Conditions of Business shall control.
2. Conclusion of a contract
2.1 Our offers (prices and products) in the online shop are non-binding and without obligation. Our information regarding the subject matter of the delivery or service, along with our representations of the same (such as drawings or illustrations), are not guaranteed characteristics.
2.2 A prerequisite for ordering in our online shop is that the customer registers by submitting the required registration information (personal information including e-mail address) and creates a user account. To do this, it is necessary that he chooses a user name and a password (access data). A registration is concluded as soon as, after the verification of his registration data, the successful registration has been confirmed to him by e-mail to the e-mail address that he has specified. The customer will then have the option to place products into a shopping cart, and continue shopping or go directly to the "checkout". If the customer selects the latter option, he will be asked for his shipping preference. Thereupon, he will be asked to select a payment method. The order will finally be shown to him once again on a complete overview, and will be triggered by the "Purchase" button.
2.3 By submitting an order through the online store by clicking on the "Purchase" button, the customer submits a legally binding order. This shall not affect his right under Section 10, if applicable, to revoke the order. Prior to sending his order, the customer shall once again receive a summary of the main product characteristics and the option of reviewing his order for incorrect information or typographical errors.
2.4 By e-mail, we shall immediately confirm the receipt of the order delivered through our online shop. Such an e-mail shall not constitute a binding acceptance of the order, unless, in addition to the confirmation of receipt, an acceptance is simultaneously declared therein.
2.5 A contract shall only be concluded if we accept the customer's order through a declaration of acceptance or through the delivery of the ordered items. The declaration of acceptance shall take place within two days after the receipt of the order.
2.6 We reserve the right to accept individual orders only against cash payment or with cash on delivery. We also reserve the right to reject individual orders without any reason.
2.7 Any contract with a commercial reseller (wholesaler or retailer) shall not be concluded through our online shop. The supply of any such reseller shall be carried out only according to our Selective Contract and our General Terms and Conditions of Supply. If, contrary to this clause, a reseller makes an order through the online shop, and if we thereupon deliver products to the reseller, ownership shall be deemed to not be transferred to it. The reseller shall be obligated to immediately return the delivered products.
3. Availability of goods
3.1 If, at the point in time of the customer's order, the goods that the customer has selected are not available in the reasonable future, we shall refrain from issuing a declaration of acceptance. In such an event, a contract shall not be concluded.
3.2 If the goods designated by the customer in the order are unavailable only temporarily, we shall immediately inform the customer of this. If the delivery is delayed for more than two weeks, the customer shall have the right to withdraw from the contract.
3.3 We shall not be liable in the event of the impossibility of delivery or for delivery delays, to the extent caused by an event of force majeure or any other event not foreseeable at the point in time of the conclusion of the contract, for which we are not responsible. Such disruptions shall also not be at our expense, if they occur for suppliers, to the extent that such suppliers were not responsible for the disruption.
4. Shipment of goods / passage of risk
4.1 Unless otherwise expressly agreed, we shall determine the appropriate manner of shipment and the transport company in our reasonable discretion.
4.2 If the customer is a consumer, the risk of accidental destruction, accidental damage or accidental loss of the delivered goods shall pass to the customer at the point in time at which the goods are delivered to the customer or the customer has delayed acceptance. In all other cases, the risk shall pass to the customer with the delivery of the goods to the transport company.
4.3 In cases in which the customer does not comply with its contractual obligations (in particular prepayments) on a timely basis, without prejudice to our rights arising from the default of the customer, our delivery periods and deadlines shall be reasonably postponed if the production process requires this.
4.4 The occurrence of our delay in delivery shall be governed according to the statutory provisions. If the customer is a business, a reminder by the customer shall be required in any event.
5. Retention of title
5.1 The delivered goods shall remain in our ownership until the complete payment of the purchase price (including sales tax and shipping costs).
5.2 A commercial reseller who is supplied following an order through the online shop shall under no circumstances receive ownership in our goods (Section 2.7).
5.3 In the event of conduct of the purchaser that is contrary to the agreement, in particular if there is a delay in payment, we shall be entitled to reclaim the goods subject to retention of title if we withdraw from the contract.
6. Prices and shipping costs
6.1 Our prices include the applicable statutory sales tax, but do not include shipping and packaging costs.
6.2 The shipping costs are shown in our price information in our online shop. The price, including sales tax and shipping costs that accrue, shall also be shown in the order screen before the customer places the order.
6.3 The following packaging and shipping costs shall be charged to the customer:
Shipments within the Federal Republic of Germany:
Our delivery terms:
The prices are ex works, excluding packaging and shipping costs, but including statutory value-added tax.
Within the Federal Republic of Germany:
Shipments shall take place by parcel service with a flat rate for packaging and shipping of ¤5.90 / the shipping of small spare parts will an individual shipment shall take place by mail with a flat rate of ¤1.45, including statutory value-added tax.
For shipments by cash on delivery, an additional cash on delivery fee of ¤4.50, including statutory value-added tax, shall be charged. In addition, with every pick-up, DHL charges a fee of ¤2.00.
Outside of the Federal Republic of Germany:
Here, shipping shall take place by postal mail. Unfortunately, cash on delivery is not possible.
Per package, the shipping costs for packages amount to, in the following relationships:
Belgium=BE, Denmark=DK, France=FR, Netherlands=NL, Austria=AT:
up to 6 kg = ¤13.40; from < 6 - 17 kg = ¤18.40 and from < 17-31 kg = ¤26.00
Andorra=AD, Great Britain=GB, Italy=IT, San Marino=SM, Sweden=SE,
Slovakia=SK, Slovenia=SI, Spain=ES, Hungary=HU, Vatican City=VA:
up to 6 kg = ¤15.00; from < 6 - 17 kg = ¤24.00 and from < 17-31 kg = ¤32.00
Luxembourg=LU, Monaco=MC, Poland=PL, Switzerland=CH, Czech Republic=CZ, Liechtenstein=LI:
up to 6 kg = ¤18.00; from <6 - 17 kg = ¤34.00 and from <17-31 kg = ¤49.00
Albania=AL, Bosnia-Herzegovina=BA, Bulgaria=BG, Estonia=EE, Finland=FI,
Greece=GR, Ireland=IE, Iceland=IS, Croatia=HR, Latvia=LV, Lithuania=LT, Malta=MT,
Macedonia=MK, Republic of Montenegro=ME, Norway=NO, Portugal=PT, Romania=RO,
Serbia=XS, Ukraine=UA, Belarus=BY, Cyprus=CY:
up to 6 kg = ¤21.00; from <6 - 17 kg = ¤38.00 and from <17-31 kg = ¤54.00
Algeria=DZ, Georgia=GE, Israel=IL, Lebanon=LB, Libya=LY, Morocco=MA,
Russian Federation=RU, Syria=SY, Tunisia=TN, Turkey=TR,
Egypt=EG, Canada=CA, USA=US:
up to 6 kg = ¤34.00; from < 6 - 17kg = ¤47.00 and from <17-31 kg = ¤67.00
Afghanistan=AF, Armenia=AM, Azerbaijan=AZ, Bahrain=BH, Brunei=BN,
PR China=CN, India=IN, Indonesia=ID, Iraq=IQ, Iran=IR, Japan=JP, Kazakhstan=KZ,
Qatar=QA, Kuwait=KW, Maldives=MV, Nepal=NP, Papua New Guinea=PG,
Philippines=PH, Saudi Arabia=SA, Singapore=SG, Sri Lanka=LK, Thailand=TH,
United Arab Emirates=AE, Angola=AO, Argentina=AR, Australia=AU, Bahamas=BS,
Barbados=BB, Belize=BZ, Bolivia=BO, Botswana=BW, Brazil=BR, Burundi=BI,
Chile=CL, Costa Rica=CR, Democratic Republic of Congo=CD,
Dominican Republic=DO, Ecuador=EC, El Salvador=SV, Ivory
Fiji=FJ, Gabon=GA, Gambia=GM, Ghana=GH, Grenada=GD, Guatemala=GT,
Guinea=GN, Haiti=HT, Honduras=HN, Jamaica=JM, Yemen=YE, Cameroon=CM,
Cape Verde=CV, Kenya=KE, Colombia=CO, Comoros=KM, Congo=CD, Cuba=CU,
Lesotho=LS, Liberia=LR, Madagascar=MG, Malawi=MW, Mali=ML, Mauritania=MR,
Mauritius=MU, Mozambique=MZ, Myanmar=MM, Namibia=NA, New Zealand=NZ,
Nicaragua=NI, Niger=NE, Nigeria=NG, Pakistan=PK, Panama=PA, Paraguay=PY,
Peru=PE, Rwanda=RW, Zambia=ZM, Samoa=WS, Senegal=SN, Seychelles=SC,
Sierra Leone=SL, Zimbabwe=ZW, St. Lucia=LC, Sudan=SD, Suriname=SR,
South Africa=ZA, South Sudan=SD, Tanzania=TZ, Togo=TG, Tonga=TO, Trinidad
Tobago=TT, Chad=TD, Tuvalu=TV, Uganda=UG, Uruguay=UY,
Venezuela=VE, Central African Rep.=CF, Ethiopia=ET:
up to 6 kg = ¤58.00; from <6 - 17 kg = ¤94.00 and from <17-31 kg = ¤188.00
The prices do not include German value-added tax.
6.4 Taxes, duties and other shipping charges or levies are to be assumed by the customer. If an order includes more than one delivery address, shipping costs shall be charged per shipping address. Shipment by cash on delivery is not possible if there are multiple shipping addresses!
7. Payment options
7.1 The customer may select among the following payment methods:
Cash in advance:
After the receipt of an order, the goods will be packed for it, and our invoice will be delivered by email. We ask that the customer wait for this. The bank transfer is to be carried by the customer by means of the attached payment slip. In order to enable the speedy shipment of the goods, the customer number and/or invoice number must thereby be stated. The delivery time shall be extended by the amount of time up to the receipt of payment. The goods shall remain reserved for the customer for 4 weeks. Thereafter, we reserve the right to withdraw from the purchase contract, and to otherwise sell the goods. Any payment that is received after the withdrawal will be refunded to the customer.
Cash on delivery:
This payment method is possible only for deliveries within Germany (for additional costs, see delivery terms).
For shipments by cash on delivery that cannot be delivered without fault on our part (refusal of acceptance, payment on delivery not possible or the like), we reserve the right to charge a processing fee of ¤8.00.
Recommended for urgent shipments. However, this payment method is only possible if the specified bank account can be allocated to a financial institution in Germany. By indicating its bank account, the customer permits us to collect the invoice amount from its account for this one and only order. If an additional expenditure arises for us because of insufficient funds, we reserve the right pass on the charges for this to the customer.
7.2 Payment by credit card is currently not possible.
7.3 There is no possibility to deduct an early payment discount.
7.4 We assume no liability if the customer sends cash or checks.
7.5 Any set-off with counterclaims or any withholding based on such claims is permitted only to the extent that the counterclaims are undisputed or legally established. This shall not apply to the extent that this concerns notices of defects or counterclaims arising from the same purchase contract.
8.1 We shall be liable for material defects under the statutory provisions applicable hereto, in particular §§ 434 et seq. of the German Civil Code (Bürgerliches Gesetzbuch). In respect of businesses, the warranty period for items that we have delivered amounts to 12 months.
8.2. As a general rule, the warranty period shall commence with delivery of the goods. This point in time is to be verified to us by means of a proof of purchase (invoice, delivery note).
8.3 There shall be an additional guarantee for the goods that we have delivered only if this has been expressly provided in the order confirmation for the relevant item.
8.4 The warranty shall not include damages that are attributable to natural wear and tear, improper use or a lack of maintenance or improper maintenance.
8.5 If the delivered items feature obvious material or manufacturing defects, transport damages, etc., the customer is to provide us with an immediate complaint. If there are obvious transport damages, an objection is to be immediately made to the carrier, and acceptance is to be refused. However, if the customer is a consumer, the failure to make this objection shall have no consequences for the customer's statutory claims.
8.6 In the event of a warranty claim, there must be a consultation with us before sending back the goods. We would be happy to arrange a pick-up or send a return shipment label to the customer. If possible, carriage forward shipments must not be used!
9.1 Claims of the customer for compensation for damages are barred. This does not include damage compensation claims of the customer arising from an injury to life, body or health, or from the violation of material contractual obligations (cardinal obligations), or liability for other damages that are based on an intentional or grossly negligent violation of an obligation by us, our statutory representatives or vicarious agents. Material contractual obligations are those obligations, the fulfillment of which is necessary to achieve the objective of the contract. In addition, indirect damages and consequential damages that result from defects in the delivered goods are eligible for compensation only to the extent that such damages are typically to be expected upon the intended use of the delivered item.
9.2 Upon a violation of a material contractual obligation, we shall be liable only for typical contractual, foreseeable damages, if such damages were caused with simple negligence, unless this concerns damage compensation claims of the customer arising from an injury to life, body or health.
9.3 The limitations of Sections 9.1 and 9.2 shall also apply for the benefit of our statutory representatives and vicarious agents, if claims are directly asserted against them.
9.4 The limitations on liability arising under Sections 9.1 and 9.2 shall not apply if we have fraudulently concealed a defect or have assumed a guarantee for the condition of the goods. This shall apply to claims of the purchaser under the German Product Liability Act (Produkthaftungsgesetz).
10. Revocation instructions
If the customer is a consumer, the customer shall be entitled to a right of revocation in accordance with the statutory provisions.
Right of revocation
You have the right to revoke this contract within 14 days, without a statement of the reasons. The revocation period is fourteen days from the date on which you or a
third party that you have specified (which is not the carrier) has taken possession or will take possession of the last goods.
To exercise your right of revocation, you must inform us, Herrnhuter Sterne GmbH, Oderwitzer Str. 8, D-02747 Herrnhut, e-mail: firstname.lastname@example.org, fax: 035873-36416, of your decision to withdraw from this contract by means of a clear declaration (such as a letter sent by mail, fax or e-mail). You may use the attached model revocation form, but this is not required. You may electronically fill out and transmit the model revocation form or a different clear declaration on our website (shop.herrnhuter-sterne.de). If you make use of this option, we shall immediately transmit to you (such as by e-mail) a confirmation of the receipt of such revocation."
For compliance with the revocation period, it is sufficient if you send the notice regarding the exercise of the right of revocation prior to the expiration of the revocation period.
Consequences of revocation
If you revoke this contract, we must repay to you all payments that we have received from you, including the delivery charges (with the exception of the additional costs that arose from the fact that you had selected a manner of delivery different from the most favorable standard delivery that we offer), immediately and no later than fourteen days from the date on which we have received the notice regarding your revocation of this contract. For this repayment, we shall use the same means of payment that you used in the original transaction, unless a different agreement was expressly made with you; in no event will you be charged fees for this repayment.
We may refuse to make this repayment until we have received the goods back, or until you have furnished proof that you have sent back the goods, depending on which is the earlier point in time.
You must send back or deliver to us the goods immediately, in any event no later than fourteen days from the date on which you notified us of your revocation of this contract. The time period is met if you send the goods prior to the expiration of the period of fourteen days."
If you make use of this right of revocation, you must bear the costs of returning the goods. This shall also apply if, at the point in time of revocation, you have not furnished the consideration or a contractually agreed partial payment. We do not accept carriage forward shipments.
You shall be responsible for any diminished value of the goods only if this diminished value is to be attributed to your handling of the goods that is not necessary for the examination of the condition, characteristics and functioning of the goods.
The right of revocation shall not apply to distance selling contracts for the delivery of goods that are not prefabricated and for the manufacturing of which an individual choice or determination by the consumer is controlling, or which are clearly tailored to the personal needs of the consumer.
11. Data protection
As a general rule, all personal data shall be treated confidentially. The data required for the business transaction shall be stored and, if necessary, shall only be forwarded to third parties (such as Post AG, financial institutions) within the framework of the processing of the order. All customer information is secured by SSL encryption!
12. Concluding provisions
12.1 The law of the Federal Republic of Germany, to the exclusion of U.N. sales law, shall apply to contracts between the supplier and the customer.
12.2 If the customer is a registered merchant, a legal entity under public law or a special fund under public law, the area of jurisdiction for all disputes arising from the contractual relationships between the customer and us is Berlin.
12.3 The contract shall remain binding in all other respects even if individual items are legally ineffective. To the extent available, the statutory provisions shall take the place of any ineffective item.
13. Online-Dispute Resolution
Online-Disputer Resolution according to article 14 par. 1 ODR-VO.
The European Commission provides an online platform for dispute resolution on http://ec.europa.eu/consumers/odr/ .