1.Scope of Application
1.1 These Terms and Conditions apply to all deliveries from Havsund GmbH to Consumers in the sense of § 13 BGB.
Accordingly, consumers are natural persons who conclude a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity.
1.2 All deliveries and services provided by the BV shall be made exclusively on the basis of the following GTC in the version valid at the time of the order.
1.3 Individual contractual agreements shall take precedence over these General Terms and Conditions. Deviating, conflicting or supplementary General Terms and Conditions shall not become part of the contract unless their validity is expressly agreed.
1.4 The General Terms and Conditions apply to shipping within the Federal Republic of Germany.
2. Contracting Party
The contract of sale is concluded with Havsund GmbH, Possenhofener Str. 58, D-82319 Starnberg - legally represented by the managing directors Daniel Klüser and Philipp Wiegel. The company is registered at the district court of Munich under the number HRB 188019.
3. Conclusion of Contract
3.1 The presentation of the products on the websites of Havsund GmbH does not constitute a legally binding offer, but an invitation to order.
3.2 The order of the product is made by the customer by sending the completed order form online. Before sending the form, the customer will be asked again to check the information and to correct input errors.
3.3 The receipt of the order is then automatically confirmed electronically, whereby this declaration does not represent the acceptance of the contractual offer. The acceptance of the customer's order will be made within two weeks in a separate confirmation or by sending the product within this period. Havsund GmbH sells the product to end customers for their personal use and not for commercial use. The product is only sold in quantities customary in the trade.
4. Prices and Shipping Costs
4.1 The prices stated on the product pages include the statutory value added tax and other price components.
4.2 In addition to the stated prices, shipping costs may be incurred. The shipping costs are again clearly communicated to the customer on the product pages, in the shopping cart system and on the order page.
4.3 The customers have the possibility to pay the ordered products by PayPal, by credit card, by invoice (See §4a) or by cash on delivery. The credit card will be charged immediately after order acceptance.
5. Delivery, Partial Deliveries, Reservation of Self-Delivery
5.1 Delivery is only made to addresses within the delivery countries specified in the shopping cart or on the Shipping & Payment page. Deliveries to other countries only on request.
5.2 Delivery shall be made by post. The delivery time for shipments within Germany can be found on the product pages. Delivery times for other European countries can be found on the page for delivery and shipping costs.
5.3 If not all ordered products are in stock, Havsund GmbH is entitled to partial deliveries at its own expense, as far as this is reasonable for the customer.
5.4 Havsund GmbH shall be entitled to withdraw from the contract if it does not receive the delivery item despite the prior conclusion of a corresponding purchase contract on its part; the seller's responsibility for intent and negligence shall remain unaffected. The seller shall inform the customer without undue delay of the non-timely availability of the delivery item and, if it wishes to withdraw, shall exercise the right of withdrawal without undue delay; in the event of withdrawal, the seller shall reimburse the buyer for the corresponding consideration without undue delay.
5.5 Events of force majeure shall entitle the Seller to postpone the delivery by the duration of the hindrance. If the seller is thereby permanently prevented from delivering, but at least for a period of three months, the seller shall be released from its obligation to deliver.
The term force majeure includes all circumstances for which the seller is not responsible and which make it impossible or unreasonably difficult for the seller to perform the delivery, such as lawful strike or lawful lockout, war, import and export bans, shortage of energy and raw Materials and untimely self-delivery for which Havsund GmbH is not responsible.
6. Retention of Title
6.1 The delivery item remains the property of Havsund GmbH until payment has been made in full.
6.2 If the Customer resells the subject matter of the contract before its complete payment, he assigns his claim against the third party to the Seller until the claim is settled. The Seller accepts this assignment.
6.3 Pledging, transfer of ownership by way of security, sale by way of sale-and-lease-back and other dispositions by the customer shall not be permitted as long as the retention of title exists.
6.4 In the event of access by third parties, for example by way of seizure, as well as in the event of damage to or destruction of the goods, the customer shall be obliged to inform the seller thereof without delay.
7. Revocation Right
Consumers have the following revocation right:
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, have taken or has taken possession of the last goods.
In order to exercise your right of withdrawal, you must inform us (Havsund GmbH, Possenhofener Str. 58, 82319 Starnberg, firstname.lastname@example.org, Fax: 08151 - 65888 28) by means of a clear declaration (eg a letter sent by post, fax or e-mail) of your decision to withdraw from this contract.
To comply with the withdrawal period, it is sufficient that you send the notice of exercise of the right of withdrawal before the expiry of the withdrawal period.
*Digital products such as ebooks are excluded from revocation.
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 most 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 any fees because of 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 costs of returning the goods. You will only have to pay for any loss in value of the goods if this loss in value is due to your handling of the goods which is not necessary for the inspection of the condition, properties and functioning of the goods.
The Revocation Right does not apply to the following contracts:
- Contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene, if their seal was removed after delivery.
Sincerely, Havsund GmbH
Non-existence of the Revocation Right
Unless otherwise agreed by the parties, the right of withdrawal does not apply to the following contracts:
Contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer, contracts for the delivery of goods that can quickly or spoil whose expiration date would be exceeded quickly, contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery, contracts for the delivery of goods if they have been inseparably mixed with other goods after delivery due to their nature, contracts for the delivery of alcoholic beverages, the price of which was agreed upon at the time of the conclusion of the contract, but which can be delivered at the earliest 30 days after the conclusion of the contract and the current value of which depends on fluctuations in the market over which the entrepreneur has no influence, contracts for the delivery of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery, contracts for the delivery of newspapers, journals or magazines with the exception of subscription contracts.
The statutory warranty provisions shall apply. The warranty period is two years and begins with the handover of the goods.
9. Data Protection Regulations
Data processing by the GmbH shall be carried out in compliance with the applicable Federal Data Protection Act (BDSG) and the Telemedia Act (TMG). For the rest, reference is made to the notes of the data protection declaration.
10. Final Clause
10.1 The law of the Federal Republic of Germany shall apply. In the event that the customer is a consumer, this shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the customer has his habitual residence.
10.2 The clauses of the UN Convention on Contracts for the International Sale of Goods are excluded.
Sincerely, Havsund GmbH