General Terms and Conditions of Business

of henze team GmbH for purchasing by end consumers in Heidelberg Selectoin Shop

§ 1 Area of application

For the business relationship between henze team gmbh (hereinafter henze team) and the Customer, the following General Terms and Conditions of Business, in the version valid at the time of ordering, shall apply exclusively. Deviating conditions of the Customer shall not be recognised by henze team unless their validity has been expressly approved in written form by henze team.

§ 2 Contract conclusion

Your order constitutes an offer to us to conclude a purchasing contract. When you submit an order to henze team, we will send you an email confirming our receipt of your order and listing its details (order confirmation). This order confirmation does not constitute acceptance of your order but serves simply to inform you that we have received your order. A purchase contract comes into existence only when we send the ordered product to you and confirm this shipment to you by a second email (shipping confirmation). A contract shall not exist concerning products from the same order which are not listed in the shipping confirmation. The contract shall be concluded with henze team gmbh.

Henze team shall not offer products to minors. All of our products, including those intended for children’s use (e.g. toys) can only be purchased by adults.

Please note that we sell the advertised articles to end consumers only in quantities customary in single households.

§ 3 Cancellation

The Customer can cancel the contract in writing (also by email) or by returning the goods within two weeks of receiving them. Provided that the order value is above 40.00 €, henze team shall reimburse the cost of return shipment. Please note that henze team has the right to withhold in the event of impairment of value caused by use of the goods.

There shall be no right of cancellation in the case of audio or video recordings (e.g. CDs, video cassettes, DVDs) or software that has been unsealed by the customer, or in the case of services provided online (e.g. software for downloading).

§ 4 Delivery

Unless otherwise agreed, the delivery shall be ex warehouse to the delivery address specified by the Customer. Specifications on the delivery deadline are non-committal unless, in exceptional cases, a binding delivery date has been promised.

If a supplier fails to supply henze team with the ordered goods despite contractual obligation, henze team shall be entitled to withdraw from the contract. In this case, the Customer shall be informed immediately that the ordered product is not available. The purchase price already paid shall be reimbursed immediately.

§ 5 Due date and payment, default

The Customer can pay the purchase price by means of prepayment or credit card. New customers can purchase goods for the first time up to a limit of 100.00 €. This limit applies to the overall customer account and also takes amounts from earlier invoices that are still open into consideration. If the Customer is in default of payment, henze team shall have the right to demand interest on defaulted payment at a rate of 5 % above the basic interest rate per annum announced by the European Central Bank. If henze team can prove that damage caused by default is higher, henze team shall have the right to claim for this damage.

§ 6 Offset, retention

The Customer shall only have the right to offset if his counterclaims are legally effective, or have been recognised by henze team. Furthermore, the Customer shall only be entitled to exercise a right of retention inasmuch as the counterclaim is based on the same contractual relationship.

§ 7 Reservation of ownership

The delivered good shall remain the property of henze team gmbh until full payment has been received.

§ 8 Liability for defects

If there is a deficiency in the object of purchase, the Customer can demand subsequent fulfilment (elimination of defect or substitute delivery). If the subsequent fulfilment fails, the Customer, in the event of a serious deficiency, can withdraw from the contract, demand a reduction in purchase price or claim for damages.

Unless specified otherwise in the following, the buyer does not have any further legal claims -- irrespective of the legal basis. Therefore, henze team shall not be liable for damage not caused to the object itself; in particular henze team shall not be liable for lost profits or any other damage to the property of the Customer. Insofar as the liability of henze team is excluded or limited, this shall also apply to the personal liability of organs, legal representatives and vicarious agents.

This limitation is not valid insofar as the cause of damage is based on intention or gross negligence or if personal injury is involved. Furthermore, it is not valid if the Customer asserts claims based on §§ 1, 4 Product Liability Law (Produkthaftungsgesetz).

In case of a negligent breach of contract on the part of henze team, liability shall be limited to contract-typical damage.

The period of limitation is twenty-four months from the day of delivery.

§ 9 Data protection

Information on the type, scope, location and purpose of data collection, processing and utilisation of the personnel-related data required by henze team and its contractual partners for order processing can be obtained in the Data protection declaration.

§ 10 Applicable law / Separability

German law shall apply to the exclusion of the CISG (UN Convention on Contracts for the International Sale of Goods).

If one of the above provision is or becomes ineffective, this shall not affect the validity of the other provisions. The relevant legal provision shall apply instead to the ineffective clause.

§ 11 Products that contain food

Products that contain food cannot be taken back. Export to USA is not possible.
Thank you for your understanding.

Status 04/2004

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