TERMS & CONDITIONS
General Terms and Conditions of Mira Hardt und Malte Hardt GbR
These terms and conditions of HARDT, Mira Hardt und Malte Hardt GbR (hereinafter “HARDT”) shall apply to all agreements pertaining to goods and/or services the customer enters into, which HARDT displays in the public area of its online shop.
- CONCLUSION OF THE AGREEMENT
2.1 The products displayed in HARDT‘s online shop do not represent binding offers of HARDT, but serve only for the purpose of the submission of a binding offer by the customer.
2.2 The customer can submit the offer using the online order form integrated in the online shop. After having placed the selected items and/or services in the virtual shopping basket and after having passed the electronic ordering process, the customer submits a legally binding contractual offer regarding the items and/or services in the shopping basket by clicking on the button finishing the ordering process.
2.3 HARDT confirms receipt of the order immediately. HARDT can accept the offer of the customer within five days by
- sending a written order confirmation (letter, fax or e-mail), the date of receipt by the customer is decisive, or
- delivering the items ordered to the customer, the date of receipt of the items by the customer is decisive, or
- asking the customer for payment.
In case HARDT does not accept the customer’s offer in due time, the offer shall be deemed rejected. The customer shall no longer be bound by the offer.
2.4 The period for acceptance of the offer commences on the day after the offer was made by the customer. It expires on the end of the fifth day following the offer.
2.5 Upon submission of the offer using the online order form HARDT saves the data of the order and sends the order confirmation to the e-mail address provided by the customer.
2.6 Prior to the binding placement of the order via the online order form the customer can correct his entries permanently. In addition, prior to submitting the binding order, all data are displayed for confirmation and can be corrected.
2.7 The order processing and the contacting are generally effected via e-mail and automatic order processing. The customer has to ensure that the e-mail address submitted for order processing is valid so that e-mails sent by HARDT can be received under this address. In particular when using spam filters, the customer has to ensure to receive all e-mails by HARDT or by third parties acting on behalf of HARDT.
2.8 If the ordered goods cannot be delivered on time or at all, HARDT informs the Customer of this within 48 hours after the confirmation of order. If the ordered goods cannot be delivered on time, the Customer may choose to wait for the ordered goods or decide to cancel the order. If the goods cannot be delivered at all, HARDT rescind from an order confirmation. A contract does not materialize in this case. Payments already rendered by the Customer will be reimbursed immediately.
- RIGHT OF CANCELLATION
3.1 You have the right to withdraw from this contract within 14 days without giving any reason.
3.2 The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
3.3 To exercise the right of withdrawal, you must inform us (Mira Hardt und Malte Hardt GbR, Dieffenbachstraße 52, 10967 Berlin, Email: firstname.lastname@example.org) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
3.4 To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
3.5 If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
3.6 You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
Mira Hardt und Malte Hardt GbR
- I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
- Ordered on (*)/received on (*),
- Name of consumer(s),
- Address of consumer(s),
- Signature of consumer(s) (only if this form is notified on paper),
(*) Delete as appropriate.
- PRICES AND TERMS OF PAYMENT
- All second-hand items are taxed by differential taxation. Therefore, all second-hand items will omit stating commonly known 19% Mwst (Vat).
- All gift cards are not taxed as they constitute a commitment for a future purchase.
- All shipping expenses include 19% Mwst (Vat).
- DELIVERY AND SHIPPING TERMS, AVAILABILITY
5.1 Each product delivered remains HARDT’s property until HARDT has received payment in full.
5.2 The delivery is effected regularly by shipment and to the address indicated by the customer. Delivery is effected to countries within the European Union only. During the processing of the transaction, the delivery address indicated by the customer in the order processing is applicable. However, if the customer selected PayPal as payment method, the delivery address registered with PayPal at the time of payment via PayPal is applicable.
5.3 HARDT shall effect delivery within the delivery period set out during the ordering process and in the order confirmation. The delivery period is 3-5 days within Germany and 7-10 days to other EU countries if standard delivery is selected.
5.4 In case the forwarding agent returns the items sent to HARDT because it was unable to deliver the items to the customer, the customer shall bear the costs for the unsuccessful delivery. This shall not apply in case the customer exercises its right of cancellation by refusing to accept the items, in case the customer is not responsible for the circumstances which led to the unsuccessful delivery or in case he was temporarily prevented from accepting the delivery, unless HARDT informed him of the delivery time in advance and in due time.
The customer is considered to be the importer when he orders products from aeyde and he is obliged to comply with all laws and regulations of the destination country. Cross-border deliveries are subject to opening and inspection by customs authorities.
- LIABILITY FOR DEFECTS
Statutory liability for defects shall apply.
- LIMITATION OF LIABILITY
8.1 HARDT’s liability is limited as follows: HARDT shall only be liable for damages if the cause of damage is based on gross negligence or intentional breach of obligations by HARDT or by one of HARDT’s legal representatives or agents.
8.2 In addition, HARDT shall be liable for the negligent breach of fundamental obligations whose breach endangers the fulfilment of the purpose of the agreement or for the breach of obligations whose fulfilment enables the proper execution of the agreement in the first place, in particular the delivery of the purchased goods and transfer of the ownership, and on the fulfilment of which the customer regularly relies. In the latter case, however, HARDT shall only be liable for damages typical of such contracts and foreseeable upon conclusion of the contract. HARDT shall not assume liability for the slightly negligent breach of obligations other than the ones stated in the preceding sentences.
8.3 The aforementioned limitation of liability shall not apply in the case of injury to life, body or health, for a defect after assumption of a guarantee for the quality of the product, and for the fraudulent concealment of deficiencies. The liability under the Product Liability Act shall remain unaffected.
- APPLICABLE LAW
All legal relationships of the parties are subject to the laws of Federal Republic of Germany.