Conditions
GENERAL TERMS AND CONDITIONS OF BUSINESS
1. Scope
The following terms and conditions apply to all orders placed via our online shop by consumers and entrepreneurs.
A consumer is any natural person who concludes a legal transaction for purposes that cannot primarily be attributed to their commercial or independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
These General Terms and Conditions also apply to entrepreneurs for future business relationships without us having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; They only become part of the contract if we have expressly agreed to this.
2. Contractual partner, conclusion of contract
The purchase contract is concluded with Hammer International GmbH.
The presentation of the products in the online shop does not represent a legally binding offer, but rather a non-binding online catalog. You can first place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the information provided for this in the ordering process and use the correction aids explained. By clicking the order button, you place a binding order for the goods contained in your shopping cart. Confirmation of receipt of your order will be sent by email immediately after you submit the order.
When the contract with us comes into effect depends on the payment method you choose:
Payment in advance
We will accept your order by sending a declaration of acceptance in a separate email within two days, in which we will provide you with our bank details.
PayPal
During the ordering process you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the payment instruction to PayPal. After placing the order in the shop, we request PayPal to initiate the payment transaction and thereby accept your offer.
PayPal Plus
As part of the PayPal Plus payment service, we offer you various payment methods as PayPal Services. After placing the order, you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the payment instruction to PayPal. This creates a contract with us.
Cash on pickup
We will accept your order by sending a declaration of acceptance in a separate email within two days.
3. Contract language, contract text storage
The languages available for concluding the contract are German. The contract text is not stored by us.
4. Delivery conditions
In addition to the stated product prices, there are shipping costs. You can find out more about the shipping costs in the offers.
In principle, you have the option of picking up from Hammer International GmbH, Im Marxle 4, 72119 Ammerbuch - Altingen, Germany during the following business hours: Monday to Friday from 9:00 a.m. to 4:00 p.m. Further appointments are possible by arrangement, including Saturdays. Please make your personal appointment with us. Only cash payment possible upon collection. We ship our items with our shipping partner GLS.
We do not deliver to packing stations.
5. Payment
The following payment methods are generally available to you in our shop:
Payment in advance
If you choose the advance payment method, we will give you our bank details in a separate email and deliver the goods after receipt of payment.
PayPal
During the ordering process you will be redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, you must be registered there or first register, identify yourself with your access data and confirm the payment instructions to us. After placing the order in the shop, we request PayPal to initiate the payment transaction. The payment transaction will be carried out automatically by PayPal immediately afterwards. You'll get more information during the ordering process.
PayPal Plus
As part of the PayPal Plus payment service, we offer you various payment methods as PayPal Services. You will be redirected to the website of the online provider PayPal. There you can provide your payment details, confirm the use of your data by PayPal and the payment instruction to PayPal.
If you have chosen the PayPal payment method, in order to be able to pay the invoice amount, you must be registered there or first register and authenticate yourself with your access data. The payment transaction is automatically carried out by PayPal immediately after confirmation of the payment order. You'll get more information during the ordering process.
If you have chosen the credit card payment method, you do not need to be registered with PayPal in order to pay the invoice amount. The payment transaction will be carried out by your credit card company at the request of PayPal immediately after confirmation of the payment instruction and after your authentication as the legitimate cardholder and your card will be charged. You'll get more information during the ordering process.
Cash on pickup
You pay the invoice amount in cash upon collection.
6. Retention of title
The goods remain our property until full payment. The following also applies to entrepreneurs: We reserve ownership of the goods until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; You assign all claims arising from this resale to us in advance - regardless of whether the reserved goods are combined or mixed with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations. We are not obliged to take back used devices or items.
7. Transport damage
The following applies to consumers:
If goods are delivered with obvious transport damage, please report such errors to the delivery person as soon as possible and please contact us immediately. Failure to make a complaint or contact us has no consequences whatsoever for your legal claims and their enforcement, in particular your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance company.
The following applies to entrepreneurs:
The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the freight forwarder, the freight carrier or the person or institution otherwise designated to carry out the shipment. The obligation to inspect and report complaints regulated in Section 377 of the German Commercial Code (HGB) applies to merchants. If you fail to make the notification regulated there, the goods are deemed to have been approved, unless there is a defect that was not apparent during the inspection. This does not apply if we have fraudulently concealed a defect.
8. Warranty and Guarantees
Unless expressly agreed otherwise below, the statutory liability law applies. For consumers, the limitation period for claims for defects in used items is one year from delivery of the goods.
For entrepreneurs, the limitation period for claims for defects is one year from the transfer of risk; the statutory limitation periods for the right of recourse according to § 478 BGB remain unaffected. For entrepreneurs, only our own information and the manufacturer's product descriptions, which were included in the contract, are deemed to be an agreement regarding the quality of the goods; We assume no liability for public statements made by the manufacturer or other advertising statements. If the item delivered is defective, we will initially provide a warranty to entrepreneurs at our discretion by eliminating the defect (repair) or by delivering an item free of defects (replacement delivery).
Information about any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.
Customer service: You can reach our customer service for questions, complaints and objections on weekdays from 9:00 a.m. to 4:00 p.m. by calling 07032-9185 103 or by email at info@hammer-international.de
9. Liability
We assume no liability for any accidents or falls. The technical specifications must be strictly adhered to. The buyer undertakes to comply with the legal regulations of the respective country. Wearing protective clothing is recommended. For further damages we do not accept liability. Otherwise, claims for damages are excluded.
10. Dispute Resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find here http://ec.europa.eu/consumers/odr/ . We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
11. Final provisions
If you are an entrepreneur, German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
If you are a merchant within the meaning of the Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.
General terms and conditions created with the Trusted Shops legal copywriter in cooperation with Wilde Beuger Solmecke Rechtsanwälte.