1.1 These terms and conditions apply to all deliveries made by Havsund GmbH to all consumers within the meaning of § 13 BGB.
According to this, 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 GmbH are carried out exclusively on the basis of the following terms and conditions in the version valid at the time of the order.
1.3 Individual contractual agreements take precedence over these General Terms and Conditions. Deviating, conflicting or supplementary general terms and conditions do 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. Contractual partner
The purchase contract is concluded with Havsund GmbH, Possenhofener Str. 58, D-82319 Starnberg - legally represented by the managing directors Daniel Klüser, Philipp Wiegel and Phillip Pauli. The company is entered in the register court of Munich District Court under number HRB 188019.
3. Conclusion of Contract
3.1 The presentation of the products on the Havsund GmbH website does not constitute a legally binding offer, but rather an invitation to place an order.
3.2 The customer orders the product by sending the completed order form online. Before sending the form, the customer will be asked again to check the information and correct input errors.
3.3 Receipt of the order is then automatically confirmed electronically, whereby this declaration does not represent acceptance of the contract offer. The customer's order is accepted 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. Delivery is only in commercial quantities.
4. Subscription Products
4.1 Havsund GmbH offers the option of purchasing selected products on a subscription basis. If customers have subscribed to products, they are automatically ordered for them and delivered to the delivery address specified by the customer with the delivery frequency (monthly) and delivery quantity of the products selected at the time of the order, without the customer having to take any action. Each individual order as part of the subscription represents an independent purchase contract. The contract is concluded when the price for the respective individual order has been debited. For each individual order, the customer receives an order confirmation and a shipping confirmation as soon as the order has been shipped.
4.2 The customer can manage his subscription via the customer portal - which can be accessed via the customer account as soon as the customer has taken out a product subscription. The customer can use this to:
adjust the date for the next order (applies only to subscriptions that are not limited to fixed intervals, e.g. every Monday or every 15th of a month)
cancel his subscription
change the order frequency of his subscription
Havsund GmbH reserves the right to cancel the subscription at any time. If the subscription is cancelled, the customer will receive a corresponding message.
4.3 Should problems arise in connection with the customer's delivery address or payment processing that Havsund GmbH cannot resolve, Havsund GmbH will notify the customer at the email address provided and suspend their subscription. No further subscription orders will be processed or shipped until the issue is resolved.
4.4 The other rights of the customer remain unaffected.
5. Prices and shipping costs
5.1 The prices stated on the product pages include statutory VAT and other price components.
5.2 Shipping costs may apply in addition to the stated prices. The shipping costs are clearly communicated to the customer again on the product pages, in the shopping cart system and on the order page.
5.3. Customers have the option of paying for the ordered products using the payment methods specified at checkout.
6. Delivery, partial deliveries, reservation of self-delivery
6.1 Delivery is only to addresses within the shopping cart or on the site Shipping & Payment specified delivery countries. Deliveries to other countries only on request.
6.2 Delivery is by post. The delivery time for shipments within Germany can be found on the product pages. Delivery times for other European countries are on the page for Shipping and handling costs to find.
6.3 If not all ordered products are in stock, Havsund GmbH is entitled to make partial deliveries at its own expense, provided this is reasonable for the customer.
6.4 Havsund GmbH is entitled to withdraw from the contract if it does not receive the delivery item despite the prior conclusion of a corresponding purchase contract; the responsibility of the seller for intent and negligence remains unaffected. The seller will inform the customer immediately about the untimely availability of the delivery item and, if he wants to withdraw, exercise the right of withdrawal immediately; in the event of withdrawal, the seller will immediately refund the corresponding consideration to the buyer.
6.5. Events of force majeure entitle the seller to postpone delivery for the duration of the hindrance. If the delivery becomes permanently impossible for the seller, but at least for a period of three months, he is released from his delivery obligation.
The concept of force majeure includes all circumstances for which the seller is not responsible and which make it impossible or unreasonably difficult for the seller to provide the delivery, such as B. lawful strike or lawful lockout, war, import and export bans, lack of energy and raw materials and untimely self-delivery for which Havsund GmbH is not responsible.
7. Retention of Title
7.1 The delivery item remains the property of Havsund GmbH until full payment has been made.
7.2 If the customer resells the subject matter of the contract before it has been paid for in full, he assigns his claim against the third party to the seller until the claim has been settled. The seller accepts this assignment.
7.3 Pledges, transfers of ownership as security, sales in the sale-and-lease-back process and other dispositions by the customer are not permitted as long as the retention of title exists.
7.4 In the event of access by third parties, for example by way of seizure or in the event of damage or destruction of the goods, the customer is obliged to inform the seller immediately.
Consumers have the following right of withdrawal:
You have the right to cancel this contract within fourteen days without giving a reason.* The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the last goods or has.
In order to exercise your right of withdrawal, you must inform us (Havsund GmbH) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or email: firstname.lastname@example.org).
In order 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.
*Digital products such as e-books are excluded from revocation.
If you withdraw from 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 immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired. You bear the costs of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
The right of revocation does not exist in the following contracts:
- Contracts for the delivery of sealed goods which are not suitable for return for reasons of health or hygiene if their seal has been removed after delivery.
Sincerely, Havsund GmbH
Non-existence of the right of withdrawal
Unless the parties have agreed otherwise, the right of cancellation does not apply to the following contracts:
Contracts for the supply of goods that are not prefabricated and for the manufacture of which an individual choice or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer, contracts for the supply of goods that can spoil quickly or whose expiry date is quick would be exceeded, 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 these are inseparable from others after delivery due to their nature Goods were mixed, contracts for the delivery of alcoholic beverages, the price of which was agreed upon conclusion of the contract, but which can be delivered no earlier than 30 days after the conclusion of the contract and the current value of which depends on fluctuations on the market over which the entrepreneur has no influence, contracts for Supply of sound or video recordings or computer software in a sealed package if unsealed after delivery Contracts for the supply of newspapers, periodicals or magazines other than subscription contracts.
The statutory warranty provisions apply. The warranty period is two years and begins when the goods are handed over.
11. Final Provisions
11.1 The law of the Federal Republic of Germany applies. This applies in the event that the customer is a consumer only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the customer has his habitual residence.
11.2 The provisions of the UN sales law are excluded.
Sincerely, Havsund GmbH