General terms and conditions of HALM Straws GmbH Managing director: Sebastian Müller Thaerstr. 19 10249 Berlin Phone:+49 (0) 30 959994111 Fax:+49 (0) 30 959994115 Email:firstname.lastname@example.org
- HALM Straws GmbH-
(1) All deliveries, services and offers from HALM Straws GmbH are based exclusively on these General Terms of DeliveryThese are part of all contracts that HALM Straws GmbH concludes with its contractual HALM (hereinafter also referred to as"customer") for the deliveries or services offered by itIf the customer is an entrepreneur within the meaning of paragraph 3 sentence 2, they also apply to all future deliveries, services or offers to the customer, even if they are not separately agreed again.
(2) Terms and conditions of the customer or third parties do not apply, even if HALM Straws GmbH does not separately object to their validity in individual HALMEven if HALM Straws GmbH refers to a letter that contains or refers to the terms and conditions of the customer or a third party, this does not constitute consent to the validity of those terms and conditions.
(3) A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that can predominantly neither be assigned to their commercial nor independent activityAn entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2. Regulations and information on the conclusion of a contract
All offers from HALM Straws GmbH are only a non-binding invitation to submit offers by the customer.
(2) Technical steps that lead to the conclusion of the contract and the conclusion of the purchase contract
a) Order via the online shop
To order one or more articles via the online shop, the articles must first be reserved for ordering by clicking on the"shopping cart"link or buttonIn the"shopping cart"(which you can reach at any time via a link in the shop) you will then be guided through the ordering process by explaining each step and asking for the necessary information.
The order process is completed when the customer finally clicks on"Buy".
This is the customer's offer to conclude the contract, which HALM Straws GmbH can accept within two working days.
The purchase contract is concluded with the acceptance by HALM Straws GmbH.
The acceptance of the offer by HALM takes place - after sending an order confirmation - through a separate order confirmation or delivery of the goods.
The purchase contract is concluded with the acceptance by HALM .
Notwithstanding the above, the contract is concluded before the order confirmation is sent if either the order confirmation contains a request for payment or if the payment process is initiated and completed during or immediately after the order process has been completed.
b) Order by phone, email, fax or letter
If expressly offered in the online shop, the contract is concluded when the customer orders by phone, email, fax or letter as follows:
The customer declares, orally or in writing, his binding intention to buy precisely named items from the online shopThis is the customer's offer to conclude the contract, which HALM Straws GmbH can accept within five days of receipt.
The acceptance of the offer by HALM Straws GmbH takes place by sending the delivery HALM or delivery of the goodsThat seals the buying contract
(3) Storage and access to the contract text
HALM Straws GmbH saves the text of the contract and sends the customer the order data and the terms of the contract by emailIn this way, HALM Straws GmbH gives the customer the opportunity to HALM the contractual provisions when the contract is concluded and to save them in a reproducible formAccess to the contract HALM stored by HALM Straws GmbH is - with the exception of the freely accessible terms and conditions - only possible for registered customers via the customer account.
(4) Recognition and correction of input errors
To detect and prevent input errors during the ordering process, the customer is shown an overview page for checking before the effective order, with the help of which he can check all details of the order and the data entered in the input fields themselves or using the"Back"button of the Internet browser can correct.
(5) Available languages
The contract language is German.
3. Prices and terms of payment
(1) The prices displayed at the time of the order apply. Packaging and shipping costs, insofar as they are levied, will be charged separately and notified to the customer in good timeIn the event of an order from abroad, it cannot be ruled out that your bank or your country will HALM Straws GmbH unknown costs or taxes, such as Payment (import) duties or handling fees. These are not costs that are paid or invoiced by HALM Straws GmbH.
(2) HALM Straws GmbH accepts all payment methods specified on the website. HALM Straws GmbH issues an invoice to the customer for the goods ordered, which is sent to him in text form at the latest with the delivery of the goods.
The total purchase price of the ordered goods is payable depending on the chosen payment method.
(3) Checks are only valid as payment after they have been cashed.
(4) In relation to entrepreneurs, HALM Straws GmbH is entitled to carry out deliveries or services only against prepayment or security.
4. Packaging and shipping costs, transfer of risk
Packaging and shipping costs, insofar as they are charged, will be announced to the customer in good time before the ordering process is initiated.
Regulations towards entrepreneurs
(1) The risk is transferred to the customer at the latest with the handover of the delivery item (whereby the beginning of the loading process is decisive) to the forwarding agent, carrier or other third party appointed to carry out the shipmentThis also applies if partial deliveries are made or HALM Straws GmbH also HALM other services ( e.g.Shipping or installation)If the dispatch or handover is delayed due to a circumstance, the cause of which lies with the customer, the risk is transferred to the customer from the day on which HALM Straws GmbH is ready for HALM and has notified the customer of this.
(2) The type of dispatch and the packaging are subject to the dutiful discretion of HALM Straws GmbH.
(3) The customer bears the storage costs after the transfer of riskIn the case of storage by HALM Straws GmbH, the storage costs amount to 0.25% of the invoice amount of the delivery HALM to be stored per week that has elapsedThe right to assert and provide evidence of additional or lower storage costs is reserved.
(4) The shipment will only be HALM by HALM Straws GmbH at the express request of the customer and at his own expense against theft, breakage, transport, fire and water damage or other insurable risks.
5. Delivery and delivery times
Regulations towards consumers
(1) The delivery of goods to the customer is carried out by third-party providers (delivery services)When shipping by a forwarding agent, the agreed place of performance is "delivery free curbside", ie. The delivery takes place to your front door, at ground level, without a step.
(2) The delivery times can be found either in the product description or in the separately available information on shipping in the shop.
(3) Part deliveries are possible if the customer
a) this possibility and the resulting consequences for the right of withdrawal have been pointed out in our cancellation policy and
b) not recognizable has no interest in them or these are clearly unreasonable for himReasonability is given if
- the partial delivery can be used by the client within the scope of the contractual intended purpose,
- the delivery of the remaining goods ordered is ensured and
- As a result, neither significant additional work nor additional work for the customer
Costs arise or the seller agrees to assume these costs.
(4) The costs for transport and packaging, insofar as such are charged, are only charged once for partial deliveries.
Regulations towards entrepreneurs
(1) Deliveries are made from 10249 Berlin.
(2) Deadlines and dates for deliveries and services promised by HALM Straws GmbH are only approximate, unless a fixed period or a fixed date has been expressly promised or agreedIf shipment has been agreed, delivery periods and delivery dates refer to the time of handover to the forwarding agent, carrier or other third party commissioned with the transport.
(3) HALM Straws GmbH can - without prejudice to its rights from default of the customer - demand from the customer an extension of delivery and service deadlines or a postponement of delivery and service dates by the period in which the customer does not fulfill his contractual obligations HALM Straws GmbH follows.
(4) HALM Straws GmbH is not liable for impossibility of delivery or for delays in delivery, insofar as these are caused by force majeure or other events that were not foreseeable at the time the contract was concluded (e.g.Operational disruptions of all kinds, difficulties in material or energy procurement, transport delays, strikes, lawful lockouts, shortages of labor, energy or raw materials, difficulties in obtaining the necessary official permits, official measures or the lack of, incorrect or late delivery by suppliers ) that HALM Straws GmbH is not responsible forIf such events make the delivery or service significantly more difficult or impossible for HALM Straws GmbH and the hindrance is not only of temporary duration, HALM Straws GmbH is HALM to withdraw from the contractIn the event of temporary obstacles, the delivery or service deadlines are extended or the delivery or service dates are postponed by the period of the hindrance plus a reasonable start-up periodIf the customer cannot be expected to accept the delivery or service as a result of the delay, he can withdraw from the contract by means of an immediate written declaration to HALM Straws GmbH.
6. Place of performance and acceptance, provided the customer is an entrepreneur
(1) The place of performance for all obligations arising from the contractual relationship is 10249 Berlin unless otherwise specifiedIf HALM Straws GmbH also HALM the installation, the place of performance is the place where the installation has to take place.
(2) If an acceptance has to take place, the purchased item is deemed to have been accepted if
a) the delivery and, if HALM Straws GmbH also owes the installation, the installation has been completed,
b) HALM Straws GmbH has informed the customer of this with reference to the acceptance HALM according to this regulation and has asked him to accept,
c) Twelve working days have passed since delivery or installation or the customer has started using the purchased item (e.g.has put the delivered system into operation) and in this case six working days have passed since delivery or installation, and
d) the customer has omitted the acceptance within this period for a reason other than a HALM Straws GmbH, which makes the use of the purchased item impossible or significantly impairs it.
Warranty regulations for consumers
(1) There is a statutory right to liability for defects, insofar as the statutory deadlines apply.
(2) If a guarantee is specified in the offer, the statutory liability for defects remains unaffected.
Warranty regulations for entrepreneurs
(1) The warranty period is one year from delivery or, if acceptance is required, from acceptance.
(2) The delivered items are to be carefully examined immediately after delivery to the customer or to the third party appointed by himThey are deemed to have been approved if HALM Straws GmbH does not HALM of defects with regard to obvious defects or other defects that were recognizable during an immediate, careful inspection within seven working days after delivery of the delivery item, or otherwise within seven working days after the defect was discovered or the time , in which the defect was recognizable for the customer with normal use of the delivery item without closer examination, was received in writingAt the request of HALM Straws GmbH, the defective delivery HALM to HALM Straws GmbH carriage paidIf the complaint is justified, HALM Straws GmbH will reimburse the cost of the cheapest shipping route; this does not apply if the costs increase because the delivery item is located at a location other than the location of its intended use.
(3) In the event of material defects in the delivered items, HALM Straws GmbH is initially obliged and entitled to either rework or a replacement HALM within a reasonable periodIn the event of failure, iHthe impossibility, unreasonableness, refusal or unreasonable delay of the repair or replacement delivery, the customer can withdraw from the contract or reduce the purchase price appropriately.
(4) In the HALM of defects in components from other manufacturers that HALM Straws GmbH cannot eliminate for licensing or factual reasons, HALM Straws GmbH will, at its option, HALM its warranty claims against the manufacturers and suppliers for the account of the customer or assign them to the customerWarranty claims against HALM Straws GmbH for such defects only exist under the other conditions and in accordance with these General Terms and Conditions of Delivery if the judicial enforcement of the aforementioned claims against the manufacturer and supplier was unsuccessful or, for example, due to insolvency, is futileFor the duration of the legal dispute, the statute of limitations for the relevant warranty claims of the customer against HALM Straws GmbH is suspended.
(5) A delivery of used items agreed with the customer on a case-by-case basis takes place under the exclusion of any warranty.
(6) Claims for damages due to negligence on the part of HALM Straws GmbH are not restricted by the above warranty regulations.
8thRetention of title
Regulations on retention of title vis-à-vis consumers
All deliveries are subject to retention of titleThe delivered goods remain the property of"HALM Straws GmbH"until the purchase price has been paid in full.
Regulations on retention of title vis-à-vis entrepreneurs
(1) The retention of title agreed below serves to secure all current and future claims of HALM Straws GmbH against the customer from the supply relationship between the contractual partners (including balance claims from a current account relationship limited to this supply relationship).
(2) The goods delivered by HALM Straws GmbH to the customer remain the property of HALM Straws GmbH until all secured claims have been paid in fullThe goods and the goods covered by the retention of title which take their place in accordance with this clause are hereinafter referred to as goods subject to retention of title.
(3) The customer HALM the reserved goods free of charge for HALM Straws GmbH.
(4) The customer is entitled to process and sell the goods subject to retention of title in the ordinary course of business until the realization event occurs (paragraph 9)Pledges and transfers by way of security are not permitted.
(5) If the reserved HALM are processed by the customer, it is agreed that the processing takes place in the name and for the account of HALM Straws GmbH as the manufacturer and HALM Straws GmbH directly HALM or - if the processing takes place from materials from several owners or the value of the processed item is higher than the value of the reserved goods - acquires co-ownership (fractional ownership) of the newly created item in the ratio of the value of the reserved goods to the value of the newly created itemIn the event that no such acquisition of ownership should occur at HALM Straws GmbH, the customer already transfers his future ownership or - in the aboveRelationship - co-ownership of the newly created thing for security to HALM Straws GmbH. If the goods subject to HALM are combined with other items to form a uniform item or are inseparably mixed and one of the other items is to be regarded as the main item , HALM Straws GmbH shall , if the main item belongs to it, transfer to the customer proportional co-ownership of the unitary item in the amount specified in sentence 1 mentioned ratio.
(6) In the event of the resale of the goods subject to retention of title , the customer HALM the resulting claim against the purchaser to HALM Straws GmbH as a precaution - if HALM Straws GmbH co- owns the goods subject to HALM, proportionally according to the co-ownership share. The same applies to other claims that take the place of the reserved goods or otherwise arise with regard to the reserved goods, such asInsurance claims or claims from tort in the event of loss or destruction. HALM Straws GmbH revocably authorizes the customer to HALM the claims assigned to HALM Straws GmbH in his own name for the account of HALM Straws GmbHHALM Straws GmbH may only revoke this HALM of realization.
(7) If third parties access the reserved goods , in particular through seizure, the customer will immediately HALM them of the ownership of HALM Straws GmbH and HALM Straws GmbH of this in order to enable them to enforce their property rightsIf the third party is unable to HALM Straws GmbH for the judicial or extrajudicial costs incurred in this context, the customer is HALM Straws GmbH.
(8) HALM Straws GmbH will HALM the reserved goods as well as the items or claims replacing them upon request at its discretion, provided that their value exceeds the amount of the secured claims by more than 50%.
(9) If HALM Straws GmbH withdraws from the contract if the customer acts in breach of contract - in particular default in payment - ( liquidation event ), he is entitled to HALM .
The procedure of HALM Straws GmbH for dealing with complaints corresponds to the requirements of professional careShould the customer want to submit complaints, he can do so in writing or orally using any of the means of communication and addresses/numbers mentioned hereA timely processing is assured.
It should be noted that HALM Straws GmbH is neither obliged nor willing to participate in a dispute settlement procedure before a consumer HALM .
10. Exclusion or premature expiry of the right of withdrawal
The right of revocation does not exist if the customer, when concluding the contract, is exercising their commercial or independent professional activity and therefore as an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB).
The right of withdrawal also does not apply to contracts
- for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
- for the delivery of goods that can spoil quickly or whose expiration date would quickly be exceeded;
- for the delivery of alcoholic beverages, the price of which was agreed when the contract was concluded, but which can be delivered no earlier than 30 days after the conclusion of the contract and whose current value depends on fluctuations in the market over which the entrepreneur has no influence
- for the delivery of newspapers, magazines or magazines with the exception of subscription contracts.
- for consumers, insofar as the order is from and the shipment is made to a country that is not a member of the European Union.
The right of withdrawal expires prematurely in the case of contracts
- for the delivery of sealed goods that are unsuitable for return for reasons of health protection or hygiene if their seal has been removed after delivery;
- for the delivery of goods if they were inseparably mixed with other goods after delivery due to their nature;
- for the delivery of audio or video recordings or computer software in a sealed package, if the seal has been removed after delivery.
11. Notes on the packaging ordinance
We would like to point out that we are connected to an approved dual system in accordance with the legal requirements.
12. Final provisions
(1) In the event that a provision of these general terms and conditions should be ineffective, the effectiveness of the other provisions will not be affected. This particularly applies to the contract already concluded. The ineffective clause is replaced by the statutory regulationAnything else only applies if, in this case, adherence to the contract represents unreasonable hardship for one of the contracting parties. Then the contract is inoperative in its entirety.
(2) With regard to all legal relationships arising from this contractual relationship, the contractual partners agree to apply the law of the Federal Republic of Germany to the exclusion of the UN Sales Convention, unless this would deprive the consumer of the protection granted to him by the mandatory provisions of the state, in which he has his habitual residenceIn the latter case, the law of the country in which the consumer has his habitual residence applies.
(3) The place of jurisdiction for all disputes in connection with the delivery transaction is the seat of the provider if the customer is a merchant, a legal entity under public law or a special fund under public law. Mandatory legal provisions on exclusive places of jurisdiction remain unaffected by this regulation.