Right of withdrawal
A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed.
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any 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, has or has taken possession of the goods. In order to exercise your right of withdrawal, you must inform us (HUBER-CONCEPT, Bohrerstrasse 5, 79289 Horben, e-mail address: bladetamer@huber-concept.de) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail). Mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.
Consequences of the withdrawal
If you withdraw from this contract, we will have given you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment. We can refuse the repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier. You have to send the goods back to HUBER-CONCEPT’s return address 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 the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.
Exclusion or premature expiry of the right of withdrawal
The right of withdrawal 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 upon conclusion of the contract, 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.
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.
Model withdrawal form
(If you want to cancel the contract, please fill out this form and send it back.)
At
HUBER CONCEPT
Ellen-Gottlieb-Strasse 12
79106 Freiburg
Email address: bladetamer@huber-concept.de
- I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*)
- Ordered on (*) / received on (*)
- Name of the consumer (s)
- Address of the consumer (s)
- Signature of the consumer (s) (only if this is communicated on paper)
- Date
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(*) Delete where inapplicable.
Source: Created with the cancellation policy generator of the Plutte law firm.
Status: 06/2018
General terms and conditions and consumer information in the context of sales contracts that are concluded via the online shop between HUBER-CONCEPT, hereinafter referred to as “seller” - and the customer - hereinafter referred to as “customer”.
§ 1 Scope and general information
(1) Subject to individual agreements and arrangements that take precedence over these GTC, the following general terms and conditions apply exclusively to the business relationship between the seller and the customer. Unless otherwise agreed, the inclusion of the customer's own conditions is contradicted.
(2) The customer is a consumer insofar as he concludes the contract for purposes that are predominantly neither commercial nor his independent professional activity. In contrast, an entrepreneur is any natural or legal person or a legal partnership who, when concluding a legal transaction, is exercising their commercial or independent professional activity.
§ 2 conclusion of contract
(1) The contract is concluded with:
HUBER CONCEPT
Bohrerstrasse 5
79289 Horben
(2) The essential characteristics of the goods result from the respective product description set by the seller.
(3) All offers in the seller's online shop are only a non-binding invitation to the customer to submit a corresponding purchase offer to the seller. As soon as the seller has received the customer's order, the customer will first be sent a confirmation via PayPal about his order from the seller, usually by email (order confirmation). The order confirmation does not yet represent acceptance of the order. After receipt of the customer's order, the seller will check it at short notice and inform the customer within 2 working days whether he will accept the order (order confirmation). The ordering process in the seller's online shop works as follows:
(4) With the button "AGB accepted + BUY NOW" he submits a binding application to buy the goods. The application can only be submitted and transmitted by the customer by clicking on the button "AGB accepted + BUY NOW", whereby he has accepted the contractual conditions and has thus included them in his application. After a successful order / purchase from PayPal, the customer is linked to a confirmation page of the seller and additionally receives a confirmation of the transaction from PayPal via email, in which the customer's order is listed again, which the customer can print out using the "Print" function. The automatic confirmation of receipt only documents that the customer's order has been received by the seller and does not constitute acceptance of the application. The contract is only concluded when the seller submits a declaration of acceptance, which is sent in a separate e-mail or when it is sent the goods.
§ 3 Subject matter of the contract, condition, delivery, availability of goods
(1) The subject of the contract are the goods and services specified by the customer in the context of the order and specified in the order and / or order confirmation at the final prices specified in the online shop. Errors and mistakes are reserved, especially with regard to the availability of goods.
(2) The quality of the goods ordered results from the product descriptions in the online shop. Images on the website may only show the products inaccurately; colors in particular can vary considerably for technical reasons. Images serve only as illustrative material and may differ from the product. Technical data, weight, dimensions and performance descriptions are given as precisely as possible, but may show the usual deviations. The properties described here do not represent defects in the products supplied by the seller.
(3) If no copies of the product selected by the customer are available at the time of the customer's order, the seller shall notify the customer of this immediately. If the product is permanently unavailable, the seller will refrain from making a declaration of acceptance. A contract is not concluded in this case.
(4) If the product specified by the customer in the order is only temporarily unavailable, the seller shall also notify the customer of this immediately. If the delivery is delayed by more than two weeks, the customer has the right to withdraw from the contract. In addition, in this case the seller is also entitled to withdraw from the contract. In doing so, he will immediately reimburse any payments already made by the customer.
§ 4 delivery, prices, shipping costs
(1) The delivery to the shipping company takes place no later than two days after receipt of the payment, the delivery time is up to seven days. The seller will point out any deviating delivery times on the respective product page.
(2) Delivery takes place only within the EU.
(3) All item prices are exclusive. statutory VAT. The prices quoted are retail prices plus shipping costs.
§ 5 payment
Payment is made in advance PayPal.
§ 6 transport damage
(1) If goods are delivered with obvious transport damage, the customer is requested to report these errors to the deliverer immediately and to contact the seller as soon as possible.
(2) Failure to lodge a complaint or to contact us has no consequences for the customer's statutory warranty rights, but helps the seller to assert his own claims against the carrier or the transport insurance company.
§ 7 Warranty for material defects
(1) The provider is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff BGB.
(2) There is only a guarantee for the goods delivered by the provider if this was expressly given in the order confirmation for the respective article.
(3) You can submit complaints and warranty claims at the address given in the provider identification.
§ 8 retention of title
The delivered goods remain the property of the seller until they have been paid for in full.
§ 9 liability
The statutory provisions apply.
§ 10 text of the contract
The contract text is saved on the seller's internal systems. The customer can view the general terms and conditions at any time on the seller's homepage. After completing the order, the order data can no longer be accessed via the Internet for security reasons.
§ 11 final provisions
(1) The contract language is German.
(2) The law of the Federal Republic of Germany applies to contracts between the seller and the customer, excluding the laws on the international purchase of movable goods. This choice of law only applies to consumers if the protection granted by the mandatory provisions of the law of the state in which the consumer is habitually resident is not withdrawn from the customer.
(3) 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 seller is the seat of the seller. This also applies if the customer does not have a general place of jurisdiction in Germany or the EU, or if his place of residence or usual place of residence is not known at the time the action is brought.
Source: http://www.rechtsanwalt-metzler.de Lawyer for competition law, trademark law and copyright law
(End of the terms and conditions)