Terms & Conditions
1. Scope of application
a. These General Terms and Conditions (hereinafter referred to as "GTC" ) apply to orders placed in the online shop operated at www.hanhart-stoppuhren.com.
b. The operator of the online shop is: Hanhart 1882 GmbH Hauptstr. 33 D-78148 Gütenbach (hereinafter referred to as "we" or "us" ).
c. Deviating terms and conditions of the customer which extend beyond these terms and conditions of business of the customer shall not be contractual.
2. Distinction between entrepreneurs and consumers
Some of the provisions of these General Terms and Conditions do not apply to all customers, but only to consumers, or only to entrepreneurs. Where this is the case, it is particularly marked at the relevant point in these terms and conditions.
"Consumers" within the meaning of these General Terms and Conditions are, according to the legal definition in § 13 of the Civil Code, natural persons who enter into business with us without their commercial or independent professional activity.
"Entrepreneurs" within the meaning of these General Terms and Conditions are, according to the legal definition in § 14 of the Civil Code, natural and legal persons or legal partnerships which enter into business with us in the exercise of their commercial or independent professional activities.
3. Customer account
When registering, correct and complete information must be provided. Data from third parties may not be used without their consent. Multiple registrations are not permitted.
You shall treat your access data like e.g. your password confidentially and shall notify us promptly in case of loss or unauthorized use of your access data.
4. Conclusion of contract, contract language
Only if and once you order goods on our website, such purchase order of yours shall constitute a binding offer to conclude the respective contract. You can submit a purchase order in that you put one or more goods and/or services into the shopping basket, run through the remaining order process on the website and enter the data as requested in such context. Prior to sending off your purchase order, you will have the opportunity to check and modify your purchase data. Only if and once you send off your order, you submit a binding offer for conclusion of a contract with us.
We may accept your offer within two days by
- submission of a confirmation of order by post, fax or email
- delivery of the goods
- request to make payment.
The date determining whether such aforesaid time limit has been complied with shall be the date of customer's receipt of our confirmation of order, delivery or request to make payment.
Languages made available for conclusion of the contract shall be English and German.
5. Storage of the contract provisions
The provisions of the contract are, for one part, contained in the order overview which is displayed in the final step of the order process, and, for the other part, in the present Terms and Conditions. We record and store the provisions of the contract. You can print out the a.m. documents by using the respective functionality of your browser (usually “print” respectively “file” > “save as”). The provisions of the contract including the present T&C are also contained in the email message with the order confirmation which you receive from us in case of our acceptance of your purchase order.
If you are an Entrepreneur the following shall apply:
a. The risk of accidental loss and/or accidental deterioration of the goods shall pass to the customer as soon as the goods have left our works or distribution warehouse. This shall equally apply where we take over further performances like e.g. cost of shipment or delivery.
b. Where we are not responsible for a delay of shipping, like e.g. in case of lack of energy, import difficulties, traffic congestions, strikes or force majeure, the time period for performance shall be prolongued adequately. Should we not be able to perform even after adequate prolongation, either party shall be entitled to terminate the contract.
7. Retention of title
a. If you are a Consumer the following shall apply: We shall retain title in the goods delivered by us until full payment.
b. If you are an Entrepreneur the following shall apply:
(aa) We shall retain title in the goods delivered to the customer until we received any and all payments under the business relationship with the customer (Goods Delivered Under Retention of Title).
(bb) The customer shall treat the goods with due care, until title in the goods passed to the customer. As long as the title in the goods has not yet passed to the customer, the customer shall immediately notify us in writing in case that the delivered goods were seized or in case that they are otherwise exposed to interventions of third parties.
(cc) The customer shall be entitled to resell the Goods Delivered Under Retention of Title in the ordinary course of business. The customer hereby assigns to us, for purposes of securing our receivables from the delivery of goods to the customer, customer's receivables resulting from the resale of Goods Delivered Under Retention of Goods. The customer shall remain entitled to collect a given claim even after the assignment of same as per the aforesaid sentence. This shall not affect our right to collect such respective claim ourselves. We shall not collect the respective claim as long as (i) the customer fulfils its payment obligations in respect of the amounts collected by customer, (ii) the customer is not in default of payment, (iii) no petition in bankruptcy is filed and (iv) there is no cessation of payment.
(dd) We shall release, at customer's request, the securities due to us hereunder if and to the extent that their aggregate value exceeds the amount of the receivables to be secured by more than 20%.
8. Right of revocation
Consumers have the following right of revocation:
9. Claims for Defects (Warranty)
a. Warranty in relation to Consumers: The default rules under the applicable laws shall apply.
a. Warranty in relation to Entrepreneurs:
(aa) Where the customer acts as a merchant within the meaning of section 1 of the German Commercial Code ("Handelsgesetzbuch", abbr. "HGB") the customer shall inspect the goods immediately after receipt of same. It shall, after receipt of the goods, notify us of apparent defects without undue delay or - should the defect become apparent only at a later point of time - without undue delay after the discovery of the defect. The timely dispatch of the notice shall suffice to preserve the customer's rights. Where the customer fails to timely notify us in accordance with the aforesaid, the goods shall be deemed approved by the customer; this shall not apply in case that we fraudulently concealed the defect.
(bb) If and to the extent of a defect of the purchased goods, we shall, in the first place, provide warranty by way of cure. We shall perform such cure, at our choice, either by way of remedying the defect or by way of replacement delivery. Should such aforesaid cure fail, the customer shall be entitled to abate the remuneration or - in case of significant defects - to terminate the contract.
(cc) The warranty period for customer's claims regarding defects of the goods shall be one year from delivery of same to the customer. This shall not apply to customer's claims (i) for damages directed at a compensation for a bodily injury or for an injury to health, and where such claims are based on a defect for which we are responsible, or (ii) based on gross negligence of us or of a person assisting us in the performance of our obligations; the aforesaid claims defined under the aforesaid subsections (i) and (ii) of this sentence shall be subject to the applicable limitation period provided for under the applicable laws.
10. Liability limitation
11. Choice of law, jurisdiction
German law shall apply exclusively. The UN sales convention shall not apply. Where the customer is a consumer, such choice of law shall only apply to the extent that it does not affect mandatory provisions of the country where the customer has its habitual place of abode.
For dealings with merchants, legal persons under public law or separate estates under public law, the courts of our place of business (Gütenbach) shall have jurisdiction over all conflicts arising hereunder. However, we shall remain entitled, at our choice, to file a lawsuit at customer's place of business instead.
12.Information on online dispute settlement
The European Commission provides an online dispute resolution (OS) platform at https://ec.europa.eu/consumers/odr/. We are ready to participate in an out-of-court settlement.