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Terms of business of online shops belonging to ANTHEC GmbH
Imprint
ANTHEC GmbH
Managing directors: Andre Beelmann and Thomas Klatt
Wienburgstr. 189
48147 Münster
Germany
County Court Münster– HRB 6861
Phone: 0251/3226540
Fax: 0251/32265413
support@hutshopping.de
VAT No.: DE 812 947 543
1. Contracting parties and area of validity
(1) Contracting parties within the framework of the present terms of business are Anthec GmbH (herein called “seller”) and the customer.
(2) The following business terms shall exclusively apply for all offers, deliveries and performances within the framework of the web shop in their version at the moment of order.
(3) The seller does not accept any divergent conditions by the customer, unless expressly agreed. Individually negotiated terms take precedence over standard terms.
2. Product choice and conclusion of contract
(1) The customer may select items from the seller’s web shop and add them to a virtual shopping cart. Before sending the order, the customer is allowed to check and, if necessary, amend it regarding the correctness of content, in particular price and quantity.
(2) The seller’s offers are without engagement. By clicking the button “send order”, the customer places a binding order for the goods contained in the shopping cart. The order confirmation is equal with the delivery or partial delivery of the goods. For further information on the ordering process, please see the section „how to order“.
3. Right of rescission
Cancellation policy
Right of rescission
The customer has the right to rescind the contract of sale within a month after receipt of the items ordered. The rescission may be done without stating reasons in writing (e.g., by email or fax) or by the return of the goods. The term begins on receipt of the written rescission, but not before receipt of the returned goods with the receiver (or not before receipt of the first partial delivery of equal goods) and not before performance of the seller’s information duties according to § 312c paragraph 2 BGB in connection with § 1 paragraph 1,2 and 4 BGB-InfoV as well as the seller’s duties according § 312e paragraph 1 sentence 1 BGB in connection with § 3 BGB-InfoV. For keeping the term, it suffices to send the rescission or return consignment in due time. The rescission has to be addressed to:
ANTHEC GmbH, Wienburgstr. 189, 48147 Münster, Germany.
Consequences of rescission
In case of a valid rescission, each party has to restitute the performances received and benefits (e.g., interests) possibly surrendered. If the customer is not able to restitute all or part of the performances received or if the customer restitutes them only in worsened condition, the seller may claim compensation. This is not valid for the surrender of goods, if their worsening can be referred to an examination as it would have been possible for the customer in a retail shop. The worth replacement duty may be neglected, if the seller does not use the goods as personal property, but avoids everything that may harm their value. The customer has to bear the return shipping costs, if the goods returned correspond to the ones ordered and the respective sales price does not exceed an amount of 40 EUR or if the customer, at the time of rescission, has not yet rendered the consideration or partial payment as per contract. Otherwise the return is free. The customer has to meet his payment obligations within 30 days after sending his rescission. For the customer the term begins with the sending of the rescission or the dispatch of the goods returned, for the seller the term beings with their receipt.
End of cancellation policy
4. Terms of payment and delivery
(1) The purchase price is due for payment upon receipt of order. All prices include VAT and packing. For further payment information, please see the “how to order” section of the web shop.
(2) Shipping costs are charged separately. For details, please see the section „shipping information“ of the web shop.
(3) If the customer defaults on payment, the seller has the right to claim default interests equivalent to at least 5% p.a. over the respective base rate. The seller has the right to reserve proof of further dam-age.
(4) Unless otherwise agreed, delivery is made in an insured package by DHL or UPS to the delivery address as indicated by the customer. For estimated delivery times, please see the section “shipping information” of the web shop. The goods ordered are normally dispatched on the day of receipt of payment, but at the latest within 10 days after receipt of payment.
5. Warranty
(1) Warranty complies with legal provisions. The limitation period for purchases of new goods is two years beginning with the day of delivery. The limitation period for warranty claims regarding purchases of used goods is one year beginning with the day of delivery – subject to item 6 of these terms of business. If the customer buys as trader, warranty is limited to one year.
(2) Warranty does not cover damages due to normal wastage or improper use or treatment of goods. The customer shall consider the producer’s instructions for use and care.
(3) In case of damage, the customer has the right to claim either removal of damage or replacement. If the seller refuses removal of damage or replacement due to disproportion or unacceptability or if the removal of damage or replacement fails, the customer has the right to withdraw from the contract of sale or to claim a price reduction or compensation.
6. Liability
(1) According to legal provisions, the seller shall be fully liable for damages of life, body, and health based upon a negligent or deliberate breach of duty on the part of the seller, his legal agents or assistants as well as for damages covered by the Product Liability Act and for all damages based upon deliberate or grossly negligent breaches of contract and fraudulent intent of the seller, his legal agents or assistants. If the seller has issued a warranty regarding the condition and durability of the subject of the contract or of parts of it, he shall be fully liable in line with this warranty. The seller shall only be liable for damages which base upon the guaranteed condition and durability, but which not directly happen to the subject of the contract of sale, if the risk of such damages is evidently part of the guarantee of condition and durability.
(2) The seller shall also be liable for damages caused by simple negligence, if the negligence concerns the violation of essential contractual obligations or cardinal duties. The same applies if the customer is rightfully entitled to damages. Yet the seller shall only be liable, if the damages are in typical manner predictable or connected with the contract.
(3) A further liability of the seller shall be excluded regardless of the legal nature of the claim asserted; the same especially applies to tortious claims or rights to damages of useless expenditures; excluded from this shall be the liability of the seller according to § 3 of these terms. If the liability of the seller is excluded or limited, this applies also the personal liability of his employees, staff members, agents or assistants.
7. Reservation of proprietary rights
All goods remain property of the seller until complete payment has been received.
8. Applicable right
German law is applied by exclusion of the CISG. For customers, this legal form shall only be valid, unless the protection is revoked by mandatory legal provisions of the country in which the customer has his usual residence.
9. Data protection
The seller respects and protects the individual-related customer data. All customer data is exclusively treated in line with legal provisions for settlement of contract or account.
10. Final remarks
Should any of these conditions be or become void, this does not affect the validity of the other provisions. In such a case, the void provision shall be replaced by a relative provision coming as close as possible to the commercial purpose of the void provision.
Feel free to contact us HERE if there are any further queries regarding delivery and transaction of your order.
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