General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to all contracts that you enter into with us as the provider (Heimplanet Entwicklungs GmbH) via the website heimplanet.com website. Unless otherwise agreed, the inclusion of your own terms and conditions, if any, is excluded.
(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for a purpose that can predominantly be attributed neither to his or her commercial nor to his or her independent professional activity. Entrepreneur" is any natural or legal person or partnership with legal capacity who concludes a legal transaction in the exercise of his or her independent professional or commercial activity.
2 Conclusion of the contract
(1) The subject of the contract is the sale of goods.
(2) By placing the respective product on our website, we make a binding offer to conclude a purchase contract under the conditions stated in the item description.
(3) The purchase contract is concluded via the online shopping basket system as follows:
The products intended for purchase are moved to the "shopping cart". You can select the shopping cart using the corresponding buttons in the navigation bar and make changes there at any time.
After calling up the "Checkout" page and entering the required personal data as well as the payment and shipping conditions, all order information is displayed once again on the order overview page.
If you have used an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Postpay, Sofort) to make your payment, you will either be directed to our online shop on the order overview page or redirected to the website of the instant payment provider.
When you are redirected to the instant payment system, select it and enter your data accordingly. You will then be taken back to the order overview page in our online shop.
Before sending the order, you can check all the data again, change it (also via the "Back" function of the Internet browser) or cancel the purchase process.
By clicking the button "order subject to payment" to send the order, you declare the legally binding acceptance of the order, whereby the purchase contract is concluded.
(4) You are not bound by your requests transmitted to us for the preparation of an offer. We will submit a textual and binding offer to you (e.g. by e-mail), which you can accept within a period of 5 days.
(5) The execution of the order and the transmission of all information required for the conclusion of the contract shall be carried out by e-mail, partially automated. You must therefore ensure that the e-mail address you have provided to us is correct and that access to the respective e-mails is guaranteed. In particular, you must ensure that the respective e-mails are not blocked by a SPAM filter.
§ 3 Right of retention, reservation of title
(1) You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 4 Warranty
(1) The statutory warranty rights shall apply.
(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, visible defects and transport damage and to notify us and the transport company of your complaints in writing without delay. Even if you do not comply with this request, this does not affect your statutory warranty claims.
§ 5 Choice of law, place of performance, place of jurisdiction
(1) German law shall apply. This choice of law shall only apply to customers to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the respective customer has his habitual residence (favourability principle).
(2) If you are not a consumer but a merchant, a legal entity under public law or a special fund under public law, our place of business shall be the place of jurisdiction as well as the place of performance for all services arising from the business relations with us. The same applies to cases in which you do not have a general place of jurisdiction in Germany or the EU, as well as to cases in which your place of residence or habitual abode is unknown at the time the action is brought. This does not affect the ability to bring an action in the court assigned to another place of jurisdiction.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods are expressly not applicable.
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II. Information for the customer
1. identity of the seller
Heimplanet Development GmbH
Shanghaiallee 21
20457 Hamburg
Germany
Phone: 040 9999955 00
E-mail: info@heimplanet.com
Alternative Dispute Resolution:
The European Commission provides a platform for the out-of-court settlement of disputes (ODR platform), which can be accessed at https://ec.europa.eu/odr.
2. information on the conclusion of the contract
The technical steps associated with the conclusion of the contract, the conclusion of the contract itself and the correction options are governed by the regulations "Conclusion of the contract" in our General Terms and Conditions (Part I).
3. contract language, storage of the contract text
3.1 The contractual language is English.
3.2 The complete text of the contract is not stored by us. Before sending the order, the contract data can be printed out via the online shopping basket system or saved electronically via the browser's print function. After receipt of the order by us, the order data, the legally required information on distance contracts and the General Terms and Conditions will be sent to you again by e-mail.
3.3 You will receive all contractual information within the scope of a binding offer in written form, e.g. by e-mail, in the case of offer requests outside the online shopping basket system, which you can print out or save in an electronically secured form.
4. main characteristics of the product or service
The essential characteristics of the goods and/or services can be found in the respective offer.
5. prices and payment modalities
5.1 The prices stated in the respective offers represent total prices, as do the shipping costs. They include all price components, including all applicable taxes.
5.2 The shipping costs incurred are not included in the purchase price. They can be viewed by clicking on the corresponding button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne additionally by you unless free delivery is confirmed.
5.3 For deliveries to countries outside the European Union, we may incur unreasonable additional costs such as customs duties, taxes or transfer fees (bank transfer or foreign exchange fees), which you will have to bear. You will also have to bear the costs of money transfers in cases where the delivery is made to an EU Member State but the payment is arranged outside the European Union.
5.4 The payment methods available to you are displayed by clicking the corresponding button on our website or are shown in the respective offer.
5.5 Unless otherwise specified in the respective payment methods, the payment claims arising from the concluded contract are due immediately.
6. delivery conditions
6.1 The delivery conditions, the delivery date and any existing delivery restrictions can be found by clicking on the corresponding button on our website or in the respective offer.
6.2 If you are a consumer, the following is regulated by law: The risk of accidental loss or accidental deterioration of the sold item during shipment shall only pass to you upon delivery of the item, regardless of whether the shipment is insured or not. This does not apply if you have independently commissioned a transport company not named by us or a person otherwise designated to carry out the shipment.
7. statutory warranty law
Liability for defects is governed by the "Warranty" provisions in our General Terms and Conditions (Part I).
These GTC and customer data were prepared by the specialist lawyers for IT law working for the Händlerbund and are constantly checked for their legal conformity. Händlerbund Management AG guarantees the legal security of the texts and assumes liability in the event of warnings. You can find more information on the website https://www.haendlerbund.de/agb-service.
