Terms of Service
Contractual conditions in the context of purchase contracts via the platform www.hemgesberg-shop.com between
Günter Hemgesberg e.K.
D 53913 Swisttal
Tel. +49 (0) 2254 96980
Fax. + 49 (0) 2254 969818
Tax number: 222/5167/0056
Registered in: Reg.Ger.Bonn HRA5136
– hereinafter referred to as „provider“ –
the users of this platform referred to in § 2 of these Terms and Conditions – hereinafter referred to as „Customer / Customer“.
§ 1 Scope
For the business relationship between the provider and the customer, the following terms and conditions apply exclusively in their version valid at the time of the order. Deviating conditions of the customer are not recognized, unless the provider expressly agrees to their validity in writing.
§ 2 Conclusion of contract
(1) The customer can select products from the assortment of the offerer and collect these over the button into the shopping cart in a so-called shopping cart. With the button „Buy now“ he makes a binding application for the purchase of the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time.
(2) The provider then sends the customer an automatic confirmation of receipt with the subject „Your order“ by e-mail, in which the customer’s order is listed again and the customer can print out the function „Print“. The automatic acknowledgment of receipt merely documents that the customer’s order has been received by the provider and does not constitute acceptance of the request. The contract is only concluded by submitting the declaration of acceptance by the provider, with a separate e-mail (order confirmation) with the subject „Confirmation of your order“ will be shipped. In this e-mail or in a separate e-mail, but at the latest upon delivery of the goods, the contract text (consisting of order, terms and order confirmation) will be sent to the customer by us on a durable medium (e-mail or paper printout). The text of the contract is saved while maintaining data protection.
(3) The contract is concluded in the languages: German, English, French, Italian.
§ 3 delivery, product availability, payment methods
(1) Delivery times specified by us are calculated from the time of our order confirmation (§ 2 (2) of these GTC), provided that the purchase price has been paid in advance.
(2) If the product designated by the customer in the order is only temporarily unavailable, the supplier shall inform the customer immediately as well. In the event of a delivery delay of more than two weeks, the customer has the right to withdraw from the contract. Incidentally, in this case, the provider is entitled to withdraw from the contract. In doing so, he will immediately reimburse any payments already made by the customer.
(3) The following delivery restrictions apply: The supplier only delivers to customers who have their habitual residence (billing address) in one of the following countries and who can provide a delivery address in the same country: Germany.
(4) The customer can make the payment by bank transfer, Paypal or invoice.
(5) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of the payment is determined according to the calendar, the customer is already in default by default of the appointment.
§ 4 Retention of title
Until the full payment of the purchase price, the delivered goods remain the property of the provider.
§ 5 prices and shipping costs
(1) All prices, which are indicated on the website of the offerer, are inclusive of the valid legal value added tax.
(2) The corresponding shipping costs are specified to the customer in the order form and are to be borne by the customer, as far as the customer does not make use of any right of withdrawal.
(3) In the event of a cancellation, the customer shall bear the direct costs of the return.
§ 6 Material defect warranty
(1) The provider is liable for material defects in accordance with the relevant statutory provisions, in particular §§ 434 ff. BGB. Compared with entrepreneurs, the warranty period for goods delivered by the supplier is 12 months.
§ 7 Liability
(1) Claims of the customer for damages are excluded. This does not apply to claims for damages of the customer resulting from injury to life, limb, health or material contractual obligations (cardinal obligations) as well as liability for other damages based on intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents , Significant contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
(2) In the event of a breach of essential contractual obligations, the provider shall only be liable for the contractually typical, foreseeable damage if this was simply caused by negligence, unless it concerns claims for damages of the customer resulting from injury to life, limb or health.
(3) The limitations of paragraphs 1 and 2 shall also apply in favor of the legal representatives and vicarious agents of the provider, if claims are asserted directly against them.
(4) The provisions of the Product Liability Act remain unaffected.
§ 8 Notes on data processing
(1) The provider collects data from the customer as part of the processing of contracts. He pays particular attention to the provisions of the Federal Data Protection Act and the Telemedia Act. Without the consent of the customer, the provider will only collect, process or use the customer’s inventory and usage data, insofar as this is necessary for the execution of the contractual relationship and for the use and billing of telemedia.
(2) Without the consent of the customer, the provider will not use the customer’s data for advertising, market or opinion research purposes.
§ 9 Final Provisions
(1) Contracts between the provider and the customer shall be governed by the law of the Federal Republic of Germany, excluding the UN Sales Convention and international private law.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the domicile of the provider.
(3) The contract remains binding even in the case of legal ineffectiveness of individual points in its remaining parts. In place of the ineffective points, if available, the statutory provisions. To the extent that this would constitute an unreasonable hardship for one of the contracting parties, however, the contract as a whole becomes ineffective.[Gzd_complaints]