General terms and conditions
1. APPLICATION OF THE GENERAL TERMS AND CONDITIONS AND DEFINITIONS OF TERMS
1.1 These General Terms and Conditions (hereinafter referred to as “GTC“) apply between Sofidel Germany GmbH, Unterm Bahnhof 10, 98574 Schmalkalden, Germany, registered with the Jena District Court under HRB number 300252, VAT identification no. DE150940297, represented by Lorenzo Bianchi (hereinafter also referred to as “we” or “Provider“) and you as a consumer purchasing products for personal purposes and not in connection with a business activity (hereinafter “Customer“) for the purchase of products of the brand “Hakle” (hereinafter referred to as “Product(s)“) on the website https://shop.hakle.de/ (hereinafter also referred to as “Webshop“) in its version valid at the time of the order.
1.2 For purchases within the scope of a business activity entrepreneur (e.g. in the exercise of their commercial or independent professional activity) we ask you to contact the following address for information: email@example.com.
2. CONCLUSION OF THE CONTRACT
2.1 The use of the Web Shop requires the prior registration of the Customer on the Web Shop’s website. When creating the personal account, the Customer must provide his own personal password, which the Customer must keep safe. In case of subsequent purchases, the Customer can access the area reserved for Customers by entering his/her own username and password and does not have to re-enter his/her personal data and the data for the shipment of the Products. Through the “My Account” page, the Customer may at any time modify his personal data and shipping data, change his personal account password and delete his personal account. The “My Account” page also stores the orders placed.
2.2 The Customer can select products related to the cleaning and sanitization of rooms and personal hygiene from the Provider’s assortment and collect them in a so-called shopping cart by clicking the button “add to cart”. By clicking on the button “order subject to payment”, the customer makes a binding request to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time. However, the application can only be submitted and transmitted if the customer has accepted these contractual terms and conditions by clicking on the button “Accept GTC and right of withdrawal acknowledged” and thereby included them in his application.
2.3 The Provider shall then send the Customer an automatic confirmation of receipt by e-mail (“Order Confirmation”), which the Customer can print out using the “Print” function. The automatic Order Confirmation merely documents that the Customer’s order has been received by the Provider and does not constitute an acceptance of the application. The contract is not concluded until the Provider issues a declaration of acceptance, which is sent in a separate e-mail (“Order Confirmation”). In this e-mail or in a separate e-mail, but no later than upon delivery of the goods, the text of the contract (consisting of the order, GTC and order confirmation) will be sent to the customer by the provider on a durable medium (e-mail or paper printout). The contract text will be stored in compliance with data protection.
3. DELIVERY, AVAILABILITY OF GOODS
3.1 Delivery times stated by the supplier are calculated from the time of order confirmation, provided prior payment of the purchase price (except for purchase on account). If no or no deviating delivery time is specified for the respective goods in our web store, the delivery time is usually 2-3 days, however, this information is only to be considered as a guideline and is not binding for the provider.
3.2 If no copies of the product selected by the Customer are available at the time of the Customer’s order, the Provider shall inform the Customer of this immediately in the order confirmation. If the product is permanently not available, the provider refrains from a declaration of acceptance. In this case, a contract is not concluded.
3.3 If the product designated by the Customer in the order is only temporarily unavailable, the Provider shall also inform the Customer of this without delay in the order confirmation.
3.4 The following delivery restrictions apply: The provider delivers only to customers who have their usual residence (billing address) and a corresponding delivery address in one of the countries listed in the web store.
4. RETENTION OF TITLE
Until full payment of the purchase price, the delivered products remain the property of the supplier.
5. PRICES AND SHIPPING COSTS
5.1 All prices, which are indicated on the website of the supplier, understand themselves including the valid in each case legal value added tax.
5.2 The corresponding shipping costs are indicated to the customer in the order form and are to be borne by the customer, unless the customer makes use of his right of withdrawal.
5.3 The goods are shipped by mail. The shipping risk is borne by the provider if the customer is a consumer.
5.4 In the event of a revocation, the customer shall bear the direct costs of the return shipment.
6.1 Unless otherwise agreed with the Buyer, payment of the purchase price shall be due immediately upon conclusion of the contract.
6.2 If the due date of payment is determined by the calendar, the customer is already in default by missing the deadline. In this case, he shall pay the Provider interest on arrears for the year in the amount of 5 percentage points above the base interest rate.
6.3 The Customer’s obligation to pay default interest shall not preclude the Provider from asserting further damages caused by default.
7. WARRANTY FOR MATERIAL DEFECTS, GUARANTEE
7.1 The Supplier shall be liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. The warranty period for products delivered by the Supplier to entrepreneurs shall be 12 months.
7.2 An additional warranty exists for the products delivered by the supplier only if this was expressly stated in the order confirmation for the respective product.
8. INTELLECTUAL PROPERTY RIGHTS
8.1 The Customer acknowledges the Vendor’s ownership of all trademarks, trade names, patents, copyrights and other intellectual property rights relating to the Products.
8.2 Nothing contained in these Terms and Conditions shall have the effect of transferring, licensing and/or otherwise disposing of the aforementioned rights for the benefit of Customer or any third party. The Customer undertakes not to take or refrain from any action that may not respect or otherwise affect the aforementioned rights of the Provider.
The supplier is liable for
Injury to life, body, health;
In case of violation of the product liability law;
In the event that a defect was fraudulently concealed or the provider has assumed a guarantee for the quality of an item or if the provider and the customer have reached an agreement on the quality of an item;
In case of intent;
In case of gross negligence and
In the case of simple negligence in the case of breach of essential contractual obligations (cardinal obligations), whereby this is understood to mean such obligations whose fulfillment is necessary to achieve the goal of the contract, but limited to the contract-typical and foreseeable damage.
In all other respects, all claims of the Customer for damages, irrespective of the legal grounds and even if these are based on breaches of duty by the legal representatives or vicarious agents of the Provider, are excluded.
10. CANCELLATION POLICY
10.1 For the purchase of our products (but only if you bought as a consumer) via the webshop (distance selling) you have a statutory right of withdrawal. For details, please refer to the cancellation policy.
When purchasing subscription products under the subscription program [please insert link to the Terms and Conditions of the Subscription Model], your right of withdrawal begins as soon as you have received the first product.
Right of withdrawal
You have the right to cancel 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, has or has taken possession of the goods.
To exercise your right of withdrawal, you must inform us (Sofidel Germany GmbH, Unterm Bahnhof 10, 98574 Schmalkalden, +49 221 914089-0, firstname.lastname@example.org) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter or e-mail sent by post). You can use the attached sample withdrawal form for this purpose, which is, however, not mandatory.
To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of 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; in no case will you be charged for this repayment.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
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 the handling of the goods that is not necessary for the inspection of the condition, properties and functioning of the goods.
10.2 The provider informs about the model withdrawal form according to the legal regulation as follows:
Sample cancellation form
(If you want to revoke the contract, please fill out this form and send it back).
– To [here the name, address and e-mail address of the entrepreneur is to be inserted by the entrepreneur]:
– I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/provision of the following service (*).
– Ordered on (*)/received on (*)
– Name of the consumer(s)
– Address of the consumer(s)
– Signature of consumer(s) (only in case of paper communication)
(*) Delete where not applicable
11. FINAL PROVISIONS
11.1 Contracts between the Provider and the Customer shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the limitation of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the customer has his habitual residence as a consumer, shall remain unaffected.
11.2 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 provider is Erfurt.
11.3 The remaining parts of the contract shall remain binding even if individual points are legally invalid. Instead of the ineffective points, the legal provisions, if any, shall apply. As far as this would represent an unreasonable hardship for a contracting party, however, the contract as a whole becomes ineffective.