General Business Terms
1 Field of Application
1.1 The general business terms of the company "Hardy Lenk" (in the following referred to as "seller") can be applied to all contracts, which are concluded by a consumer or enterprise (in the following referred to as "customer") and the seller regarding the seller’s commodities and/or services offered in the online shop. Hereby the seller contradicts all own requirements of the customer, except differing arrangements which have been made beforehand.
1.2 A consumer in terms of the general business terms is any individual person, who completes a legal transaction for a certain purpose which can neither be counted as commercial activity nor autonomous professional activity. An enterprise in terms of these general business terms is any individual or legal person or a partnership with legal capacity, which carries out any commercial or autonomous professional activity at the time of completing a legal transaction.
2 Conclusion of Contract
2.1 The product descriptions available in the online shop of the seller serve for submission of a legally binding offer by the customer.
2.2 The customer has the option to submit an offer by telephone, fax, e-mail, in written form or by using the online order form which is integrated in the seller’s online shop. By placing an order using the online order form the customer submits a legally binding offer for all articles contained in the shopping cart by typing in personal data and clicking the button “Order with an obligation to pay” as the final step of the ordering process. Before finally sending the order, the customer is able to correct his input continuously through the usual keyboard and mouse features. Furthermore all input is shown for approval in a screen window right before sending the finally binding order and can also be corrected with the usual keyboard and mouse features.
2.3 Does the customer submit an offer by fax, e-mail or by using the online order form integrated in the online shop of the seller; the seller will confirm the receipt of the offer immediately by electronic means (fax or e-mail).
2.4 The seller can accept the customer’s offer by transmitting a confirmation of order either in written form (letter) or by electronic means (fax or e-mail) or by delivering the order within five days. The seller is entitled to refuse the order.
2.5 The ordering information will be filed by the seller and can be accessed by the customer after sending an order through a password secured online customer account, provided that the customer created an online customer account before transmitting his order via online shop.
2.6 The ordering process and contacting are usually handled via e-mail or automatized ordering process. The customer has to ensure that their e-mail address stated during the order processing is correct in order that e-mails sent by the seller can be received properly. Especially in case of using spam filters the customer has to ensure that all e-mails sent by the seller or by third parties authorized by the seller can be received.
3 Return consignment charges in case of exertion of right of revocation
If the customer has the right of revocation, the costumer has to bear the regular costs for exertion of the right of revocation. This applies if the price of the returned goods does not exceed the value of 40 Euros. This also applies if the price of the returned goods exceeds a value of 40 Euros and the customer has not rendered consideration or
partial payment at the time of revocation, unless the delivered goods are not the
ordered ones. In all other cases, the seller has to bear the costs for returned goods.
4 Prices and Terms of Payment
4.1 All stated prices are retail prices including the German value-added tax. If applicable, additional delivery charges are separately stated in the concerning product descriptions.
4.2 As long as there are no differing specifications stated in the respective product description, the seller offers the following payment options:
- Cash before delivery
o Bank transfer
o Credit card (VISA, MasterCard, American Express)
- Cash on delivery
- On account/Invoice (only available for orders by fax)
- Cash on collection
4.3 If delivery abroad is offered, the customer for deliveries outside Germany has the following payment options, as long as there are no differing specifications stated in the respective product description:
- Cash before delivery
o Bank transfer
o Credit Card
- Cash on collection
For deliveries outside the European Union it is possible on a case-by-case basis that additional costs can be charged which have to be borne by the customer, e.g. additional taxes or customs.
4.4 If cash before delivery was agreed, payment is due right after conclusion of contract.
4.5 In case of delivery on account (Invoice) payment is due after the goods will be delivered and invoiced. In this case the invoice amount has to be paid without deduction within 10 (ten) days after receipt of invoice, except different arrangements have been made. In case of payment on account the seller is authorized to transmit the customer’s data to the company “Eurotreuhandinkasso GmbH” for the purpose of a solvency check. Depending on the result of the solvency check, the seller reserves the right to deny delivery on account.
4.6 In case of cash on collection the seller initially informs the customer by e-mail when the goods are prepared for collection. After receipt the costumer is free to collect his order in consultation with the seller. In this case no delivery costs are charged.
4.7 In case of paying by credit card, the customer’s credit card will be charged immediately after finishing the order.
4.8 The customer is only enabled for compensation if the counterclaim is undenied, legally valid or acknowledged by the seller.
4.9 The customer can only execute the right of retention, as long as it concerns debts of the same contractual relationship.
5 Terms of delivery
5.1 Commodities are delivered to the delivery address stated by the customer. During the completion of transaction, the delivery address stated in the purchasing process is valid. Hereof differing is the payment option PayPal. In this case the delivery address stated at the time of payment via PayPal is valid.
5.2 If the transport company forwards an order back to the seller because the delivery to the customer was impossible to proceed, the customer has to bear the costs for the unsuccessful delivery. This is not applicable if the customer refuses to take the delivery and therewith carries out their right of revocation or if the customer was temporarily prevented from taking the delivery, unless the seller announced the service an appropriate amount of time beforehand.
6 Responsibility for Defects
The legal responsibility for defects is applicable.
7 Applicable Law
7.1 For all legal relationships of the parties, the law of the Federal Republic of Germany excluding the laws on international purchase of movable commodities is applicable. For consumers the choice of law is only valid as long as it is not interfering with obliging regulations of the state in which the consumer has their place of residence.
7.2 If the customer acts as merchant, legal person of the public law or public fund assets, the sole place of jurisdiction regarding contentions resulting from this contract is the seller’s place of business. The same applies, if the customer either does not have a general place of jurisdiction in Germany or the EU or the customer’s place of residence is not known at the time of commencement of a suit. The authority to take legal action at a different place of jurisdiction remains unaffected.
7.3 Contract language is German.
All orders are effected on the basis of the General Business Terms.
By purchasing or ordering goods, you agree to above stated terms.