General Terms And Conditions
Honig Schmidt GmbH
Phone +49 (0) 7741 8352561
Internet address: www.honig-schmidt.de
Register court: Waldshut-Tiengen District Court
Value Added Tax Identification Number pursuant to Section 27a of the Value Added Tax Act: VAT ID No.: DExxxxx
- hereinafter referred to as "HONIG-SCHMIDT" -
These General Terms and Conditions apply to all deliveries and services of HONIG-SCHMIDT, insofar as they are contractually integrated and are not expressly stipulated in the offer text.
2. Rules and information on the conclusion of the contract
All representations on the websites of HONIG-SCHMIDT constitute only a non-binding invitation to submit offers by the customer.
b) Technical steps that lead to the conclusion of the contract and the conclusion of the purchase contract when ordering via the online shop
To order one or more items through the online shop, the items must first be marked by clicking on the "shopping basket" link or button for ordering. In the "shopping basket" (which you can reach at any time via a link in the shop offer) you will then be guided through the ordering process by explaining each step and queried the required information.
The ordering process is completed when the customer finally clicks on "Buy".
This is the customer's offer to conclude the contract, which HONIG-SCHMIDT can accept within two working days.
The acceptance of the offer by HONIG-SCHMIDT takes place by separate order confirmation or delivery of the goods.
The order confirmation itself does not constitute acceptance of the offer, unless it includes a request for payment.
With the acceptance by HONIG-SCHMIDT, the purchase contract is concluded.
c) Conclusion of contract when ordering by telephone, mail, fax or letter
If expressly offered in the online shop, the conclusion of the contract at the time of ordering by the customer by telephone, mail, fax or letter shall take place as follows:
The customer declares, orally or in writing, his binding intention to purchase precisely named items of the offer in the online shop. This is the offer of the customer to conclude the contract, which HONIG-SCHMIDT can accept within five days of receipt.
The acceptance of the offer by HONIG-SCHMIDT takes place by sending the delivery confirmation or delivery of the goods. This concludes the purchase agreement.
d) Storage and access to the text of the contract
HONIG-SCHMIDT saves the contract text and sends the order data and the contract terms to the customer by e-mail. In this way, HONIG-SCHMIDT gives the customer the opportunity to retrieve the contractual provisions at the time of conclusion of the contract and to store them in a reproduced form. With the exception of freely accessible terms and conditions, access to the contract texts stored at HONIG-SCHMIDT is only possible for registered customers via the customer account.
e) Recognition and correction of input errors
In order to detect and prevent input errors during the ordering process, the customer will be provided with an overview page for inspection before the effective order, with which he can check all the details of the order and correct the entered data in the input fields themselves or using the "Back" button of the internet browser.
(f) Languages available
The language of the contract is German.
3. Prices and terms of payment
The displayed prices apply at the time of ordering. Packaging and shipping costs, insofar as such are charged, are charged in addition and are notified to the customer in good time. In the event of an order from abroad, it cannot be excluded that your bank or country HONIG-SCHMIDT will charge unknown costs or taxes, such as (import) duties or handling fees for payment. These are not costs that are paid or invoiced via HONIG-SCHMIDT.
HONIG-SCHMIDT accepts all payment methods indicated on the website. HONIG-SCHMIDT issues the customer with an invoice for the ordered goods, which is sent to him in text form at the latest with the delivery of goods.
The total purchase price of the ordered goods is payable depending on the payment method chosen.
4. Packaging and shipping costs
Packaging and shipping costs, insofar as these are charged, will be announced to the customer in good time before the ordering process is triggered.
5. Delivery and delivery times
The goods are delivered to the customer by third parties (delivery services).
The delivery times can be found either in the product description or in the separately available shipping information in the shop.
Partial deliveries are possible if the customer
a) this possibility and the resulting consequences for the right of withdrawal have been pointed out in our revocation policy, and
b) has no discernible interest in them or they are clearly unreasonable. Reasonableness is given if:
– the partial delivery for the client within the framework of the contractual is usable for the purpose of the purpose,
– the delivery of the remaining ordered goods is ensured, and the customer does not suffer any significant additional costs or additional costs or the seller agrees to cover these costs.
The costs for transport and packaging, if they are charged, are calculated only once for partial deliveries.
6. Transfer of risk
If the customer is an entrepreneur, i.e. he acts in the exercise of his commercial or independent professional activity at the time of conclusion of the contract, the risk of accidental loss and accidental deterioration of the goods passes to the customer upon handover, in the case of the purchase of the goods with the delivery of the goods to the freight forwarder, the carrier or the person or institution otherwise designated to carry out the shipment.
In all other cases, the risk of accidental loss and accidental deterioration of the sold item, even at the purchase of the shipment, shall not pass to the customer until the goods are handed over to the customer, regardless of the method of dispatch chosen.
7. Exclusion or premature lapse of the right of withdrawal
The right of withdrawal does not exist if the customer acts at the conclusion of the contract in the exercise of your commercial or independent professional activity and therefore as an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB).
Furthermore, the right of withdrawal does not exist in the case of contracts
- for the supply of goods which are not prefabricated and for the manufacture of which an individual choice or destination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,
- for the supply of goods which can quickly spoil or whose expiry date would be quickly exceeded,
- for the supply of alcoholic beverages, the price of which was agreed at the time of 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 on the market over which the trader has no influence,
- for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts.
- in the case of consumers, in so far as the order is placed from one country and the shipment to a country which is not a member of the European Union.
The right of withdrawal expires prematurely in the case of contracts
- for the supply of sealed goods which, for reasons of health protection or hygiene, are not suitable for return if their seal has been removed after delivery,
- for the supply of goods, if they have been inseparably mixed with other goods after delivery on the basis of their nature,
- for the supply of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery.
There is a statutory right of liability for defects, in this respect the statutory deadlines apply.
Should a guarantee be given in the offer, the statutory liability for defects remains unaffected by this.
9. Retention of title
All deliveries are subject to retention of title. The delivered goods remain the property of HONIG-SCHMIDT until full payment of the purchase price.
10. Procedures for dealing with complaints, dispute resolution procedures
Our procedure for dealing with complaints meets the requirements of professional care. Therefore, if you wish to make complaints, you can do so in writing or orally via all means of communication and addresses/numbers mentioned herein. A timely processing is assured. Regardless, you can access the European Platform for Online Dispute Resolution in Consumer Matters at the following link: https://ec.europa.eu/consumers/odr/
It should be noted that the supplier is not obliged to participate in a dispute resolution procedure before a consumer arbitration board.
11. Place of jurisdiction, choice of law
The place of jurisdiction for all disputes in connection with the supply transaction is the registered office of Honig-Schmidt, if the customer is a merchant, a legal entity under public law or a special fund under public law.
With regard to all legal relationships arising from this contractual relationship, the contracting parties agree on the application of the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the Sale of Goods, unless this would deprive the consumer of the protection afforded to him by the mandatory provisions of the State in which he has his habitual residence. In the latter case, the law of the State in which the consumer is habitually resident shall apply.
12. Notes on the Packaging Ordinance
It should be noted that HONIG-SCHMIDT is connected to an approved dual system in accordance with the legal requirements.
13. Additional provision
In the event that any provision of these General Terms and Conditions should be ineffective, the validity of the other provisions shall not be affected. This applies in particular to the contract already concluded. The invalid clause is replaced by the statutory provisions. Other applies only if, in such a case, adherence to the contract constitutes an unreasonable hardship for a Contracting Party. Then the contract as a whole is ineffective.