General conditions of sale
scope
These terms and conditions apply to all purchases made by private customers from Hel's Throne GbR [Imprint].
Private customers in this sense are people with a place of residence and a delivery address in the Federal Republic of Germany, insofar as the goods they have ordered cannot be attributed to their commercial or self-employed professional activity.
conclusion of contract prices and shipping costs payment right of retention delivery Inexpensive shipping method for returns defect rights
The presentation of our goods and the granting of the opportunity to place an order represent a concrete offer on our part to conclude a sales contract.
By placing your order, you accept the offer and the purchase contract is concluded.
You will receive an order confirmation via e-mail to the e-mail address you provided.
The awarded prices are final prices including sales tax. The amount that is shown at the time of the binding order applies. There are also shipping costs, which depend on the shipping method and the size and weight of the goods you have ordered. We do not bear the regular costs of returning the goods that arise if you return the goods by exercising your right of cancellation [right of cancellation].
Payment is made upon delivery by
- Payment in advance
- PayPal
late payment
late payment
If you are in default of payment, Hel's Throne GbR is entitled to demand default interest of 5 percentage points above the base interest rate p.a. announced by the Deutsche Bundesbank for the time of the order. If Hel's Throne GbR has demonstrably incurred higher damage caused by delay, Hel's Throne GbR is entitled to assert this.
The customer is only authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
(1) Delivery will be made to the delivery address specified by the customer within
- Europe
- Worldwide
(2) If force majeure (natural disasters, war, civil war, terrorist attack) makes the delivery or any other service permanently impossible, Hel's Throne GbR is not obliged to perform. Amounts already paid will be refunded immediately by Hel's Throne GbR.
(3) Hel's Throne GbR can also refuse performance if this requires an effort that is grossly disproportionate to the customer's interest in the fulfillment of the purchase contract, taking into account the content of the purchase contract and the requirements of good faith. Amounts already paid will be refunded immediately by Hel's Throne GbR.
(4) Bulky goods (packages with a volume of more than 1 square meter) are usually delivered by a forwarding agent. Hel's Throne GbR expressly points out that these goods are not carried into the house.
(1) When returning the goods and accessories, please use the original packaging if possible, even if it is damaged through an opening for the function test.
(2) For the return, please use the fully stamped and addressed return label enclosed with the delivery of the goods. This is the simplest and cheapest shipping option. You have no obligation to use this return process. However, if you choose an unnecessarily expensive shipping method, you may be obliged to pay us the increased costs compared to a cheaper shipping method.
(1) A product that was already defective upon delivery (warranty case) will be replaced by Hel's Throne GbR at the customer's option and at Hel's Throne GbR's expense with a product that is free of defects or have it professionally repaired (subsequent performance). The customer is informed that there is no warranty case if the product had the agreed quality at the time of the transfer of risk. A warranty case does not exist in the following cases in particular:
a) in the event of damage caused by misuse or improper use by the customer,
b) for damage caused by the products being exposed to harmful external influences (in particular extreme temperatures, humidity, unusual physical or electrical stress, voltage fluctuations, lightning, static electricity, fire).
(2) Hel's Throne GbR also provides no guarantee for a fault that has arisen through improper repair by a service partner not authorized by the manufacturer.
(3) If the type of supplementary performance desired by the customer (replacement delivery or repair) requires an effort which, in view of the product price, taking into account the content of the contract and the requirements of good faith, is grossly disproportionate to the customer's interest in performance - with the value in particular of the object of purchase in a defect-free condition, the significance of the defect and the question of whether the other type of subsequent performance can be used without significant disadvantages for the customer - the customer's claim is limited to the other type of subsequent performance. The right of Hel's Throne GbR to refuse this other type of supplementary performance under the aforementioned condition remains unaffected.
(4) Both in the case of repairs and in the case of replacement delivery, the customer is obliged to send the product to the return address specified by Hel's Throne GbR at the expense of Hel's Throne GbR, stating the order number. Before sending in the customer has to remove objects inserted by him from the product. Hel's Throne GbR is not obliged to examine the product for the installation of such items. Hel's Throne GbR is not liable for the loss of such items, unless Hel's Throne GbR was immediately aware when the product was taken back that such an item had been inserted into the product (in this case, Hel's Throne GbR will inform the customer and holds the item ready for the customer to collect; the customer bears the resulting costs). In addition, before sending in a product for repair or replacement, the customer must, if necessary, make separate backup copies of the system software on the product, the applications and all data on a separate data medium and deactivate all passwords. Liability for data loss is not taken. Likewise, after the repaired or replacement product has been returned to the customer, it is the customer's responsibility to install the software and data and to reactivate the passwords.
(5) If the customer sends the goods in to get a replacement product, the return of the defective product is based on the following stipulation: If the customer was able to use the goods between delivery and return in a defect-free condition, this has the value of the goods drawn from him reimburse uses. The customer must pay compensation for loss or further deterioration of the goods that was not caused by the defect and for the impossibility of handing over the goods not caused by the defect in the period between delivery of the goods and return of the goods. The customer does not have to pay any compensation for the deterioration of the goods caused by the intended use of the goods. The obligation to compensate for the value does not apply to the return of a defective product in a warranty case,
a) if the defect that entitles you to withdraw only became apparent during the processing or transformation,
b) if Hel's Throne GbR is responsible for the deterioration or the sinking or if the damage would also have occurred at Hel's Throne GbR,
c) if the deterioration or loss has occurred at the customer's premises, although he has observed the care that he uses in his own affairs.
(6) The customer's obligation to pay damages in the event of a breach of the obligation to return the goods for which the customer is responsible is based on the statutory provisions.
(7) The customer can choose to withdraw from the contract or reduce the purchase price if the repair or replacement delivery does not lead to a contractual condition of the product within a reasonable period of time.
(8) In addition, there may also be claims against the manufacturer within the framework of a guarantee granted by the manufacturer, which are based on the corresponding guarantee conditions.
(9) The statutory warranty of Hel's Throne GbR ends two years after delivery of the goods. The deadline starts once goods are received.
Liability
(1) In the event of slight negligence, Hel's Throne GbR is only liable for the violation of essential contractual obligations and limited to the foreseeable damage. This limitation does not apply to injury to life, limb or health. Hel's Throne GbR is not liable for other slightly negligent damage caused by a defect in the purchased item.
(2) Irrespective of whether Hel's Throne GbR is at fault, liability of Hel's Throne GbR in the event of fraudulent concealment of the defect or the assumption of a guarantee shall remain unaffected. The manufacturer's guarantee is a guarantee from the manufacturer and does not represent the assumption of a guarantee by Hel's Throne GbR.
(3) Hel's Throne GbR is also responsible for the impossibility of delivery that occurs by chance during their delay, unless the damage would have occurred even if delivery had been made on time.
(4) The personal liability of the legal representatives, vicarious agents and employees of Hel's Throne GbR for damage caused by them through slight negligence is excluded.
Applicable Law
The contract concluded between you and Hel's Throne GbR is exclusively subject to the law of the Federal Republic of Germany, with the express exclusion of the UN Sales Convention. This does not affect the mandatory provisions of the state in which you have your habitual residence.
place of jurisdiction
If, contrary to your information when ordering, you do not have a place of residence in the Federal Republic of Germany or move your place of residence abroad after conclusion of the contract or your place of residence is not known at the time the action is filed, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship is [District Court of Lutherstadt Wittenberg ].
dispute resolution
General information requirements for alternative dispute resolution in accordance with Art. 14 Para. 1 ODR-VO and Section 36 VSBG (Consumer Dispute Settlement Act):
The European Commission provides a platform for online dispute resolution (OS), which you can find at this address: http://ec.europa.eu/consumers/odr/. We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
Final Provisions
(1) Should individual provisions of this contract be or become invalid or void in whole or in part, this shall not affect the validity of the rest of the contract, insofar as a contractual partner is not unreasonably disadvantaged as a result.
(2) Changes or additions to this contract must be made in writing.
revocation
Instructions on withdrawal
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
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.
To exercise the right of withdrawal, you must inform us ( Hel's Throne GbR Brückenstrasse 66 14913 Jüterbog Tel.: +49 (0) 172 3005319 E-Mail: mail@helsthroneofficial.de ) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory. You can also electronically fill in and submit the model withdrawal form or any other unequivocal statement on our website http://www.helsthroneofficial.de/withdrawal-form.html. If you use this option, we will communicate to you an acknowledgement of receipt of such a withdrawal on a durable medium (e.g. by e-mail) without delay.
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.
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.
To exercise the right of withdrawal, you must inform us ( Hel's Throne GbR Brückenstrasse 66 14913 Jüterbog Tel.: +49 (0) 172 3005319 E-Mail: mail@helsthroneofficial.de ) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory. You can also electronically fill in and submit the model withdrawal form or any other unequivocal statement on our website http://www.helsthroneofficial.de/withdrawal-form.html. If you use this option, we will communicate to you an acknowledgement of receipt of such a withdrawal on a durable medium (e.g. by e-mail) without delay.
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.
Effects of withdrawal
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.
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.
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.
Quelle: Rechtsanwalt Metzler