I. GENERAL TERMS AND CONDITIONS
§ 1 Basic provisions
(1) The following terms and conditions of business apply to all contracts that you conclude with us as the supplier (höfats GmbH) via the Internet site www.hoefats.com. Unless otherwise agreed, we object to the inclusion of any terms and conditions of your own that you may have used.
(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that cannot be predominantly attributed to his commercial or self-employed professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Formation of the contract
(1) The subject of the contract is the sale of goods.
Our offers on the Internet are non-binding and not a binding offer to conclude a contract.
(2) You can submit a binding offer to buy (order) via the online shopping cart system. The goods intended for purchase are placed in the "shopping cart". You can access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time. After calling up the "Checkout" page and entering your personal data as well as the payment and shipping conditions, all order data is finally displayed again on the order overview page. If you use the instant payment system "PayPal - Express" by clicking on the corresponding button integrated in the shop system, you will be redirected to the PayPal log-in page. After successful login, your address and account data stored with PayPal will be displayed. By clicking the button "continue" you will be redirected back to the order overview page of our online shop. Before sending the order you have the possibility to check all details again, to change them (also by using the "back" function of your internet browser) or to cancel the purchase. By submitting the order via the button "order subject to payment" you submit a binding offer to us.
(3) The acceptance of the offer (and thus the conclusion of the contract) takes place immediately after the order by confirmation in text form (e.g. e-mail), in which the execution of the order or delivery of the goods is confirmed to you (order confirmation).
If you have not received a corresponding message, you are no longer bound to your order. In this case, any services already rendered will be refunded immediately.
(4) Your requests for quotations are not binding for you. For this purpose, we will submit a binding offer to you in text form (e.g. by e-mail), which you can accept within 5 days.
(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have deposited with us is correct, that the receipt of e-mails is technically ensured and in particular that it is not prevented by SPAM filters.
§ 3 Right of retention, retention of title
(1) You may only exercise a right of retention if it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 4 Liability
(1) We are liable without limitation for damages resulting from injury to life, body or health. Furthermore, we shall be liable without limitation in all cases of intent and gross negligence, in case of fraudulent concealment of a defect, in case of assumption of a guarantee for the quality of the object of purchase and in all other cases regulated by law.
(2) The liability for defects within the scope of the statutory warranty is based on the corresponding provision in our customer information (Part II).
(2.1). Legal liability for defects
(2.1.1) The statutory rights of liability for defects shall apply.
(2.1.2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you do not comply with this, however, this has no effect at all on your statutory warranty claims.
These conditions and customer information were created by the lawyers of the "Händlerbund" (german proper name), who specialize in IT law, and are permanently checked for legal compliance. "Händlerbund" Management AG guarantees the legal security of the texts and is liable in the event of warnings. For further information, please visit: http://www.haendlerbund.de/agb-service.
(3) Insofar as essential contractual obligations are affected, our liability in cases of slight negligence is limited to the foreseeable damage typical for the contract. Essential contractual obligations are essential obligations which result from the nature of the contract and whose violation would endanger the achievement of the purpose of the contract as well as obligations which the contract imposes on us according to its content for the achievement of the purpose of the contract, whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance you may regularly rely.
(4) In the event of a breach of insignificant contractual obligations, liability for slightly negligent breaches of duty is excluded.
(5) Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times according to the current state of technology. In this respect, we are not liable for the constant or uninterrupted availability of the website and the services offered there.
II. Customer information
1. Identity of the seller
Phone: +49 151 | 59 89 81 00
The European Commission provides a platform for out-of-court online dispute resolution (OS Platform), available at http://ec.europa.eu/odr.
2. Information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction possibilities are carried out in accordance with § 2 of our General Terms and Conditions (Part I.).
3. Contract language, Contract text storage
3.1. The contractual language is German.
3.2. The complete text of the contract is not stored by us. Before sending the order via the online shopping cart system, the contract data can be printed or electronically saved using the print function of the browser. After receipt of the order by us, the order data, the information required by law for distance selling contracts and the General Terms and Conditions will be sent to you again by e-mail.
3.3. In the case of requests for quotations outside the online shopping cart system, you will receive all contract data by e-mail as part of a binding offer, which you can print out or save electronically.
4. Codes of conduct
4.1. We have subjected ourselves to the buyer seal quality criteria of the Händlerbund Management AG and thus to the Ecommerce Europe Trustmark Code of Conduct, available at: http://www.haendlerbund.de/images/content/kaeufersiegel/kaeufersiegel-qualitatskriterien.pdf and http://www.ecommerce-europe.eu/website/trustmark/code-of-conduct/haendlerbund
5. Essential characteristics of the goods or service
The essential characteristics of the goods and/or services can be found in the item description and the supplementary information on our website..
6. Prices and terms of payment
6.1. The prices quoted in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
6.2. Shipping costs are not included in the purchase price. They can be called up via a correspondingly marked button on our website or in the respective item description, are shown separately during the ordering process and are to be borne by you in addition, unless free delivery has been promised.
6.3. Payment is generally made at your choice by PayPal, credit card or immediate bank transfer.
You pay directly via the PayPal account. After submitting the order you will be forwarded to PayPal and release the order value there. As soon as our PayPal account has been informed about the authorization, the shipment will take place - depending on the delivery time indicated at the article. When the goods are shipped, your PayPal account will be charged with the actual invoice amount.
b) Credit Card
You pay directly in the order process by entering your credit card data via the credit card service provider Stripe. When the goods are shipped, the credit card is charged with the actual invoice amount.
c) Direct debit
If you choose the payment method direct debit you pay directly via the online payment service provider Giropay or Sofort GmbH.
6.4 Unless otherwise specified for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
6.5 You agree that we send you your invoice electronically as a PDF document by e-mail. You can revoke your consent to this at any time by e-mail (firstname.lastname@example.org).
7. Terms of delivery
7.1. The terms of delivery, the delivery date as well as any existing delivery restrictions can be found under an appropriately designated button on our website or in the respective item description.
7.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold goods during shipment is only transferred to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or any other person designated to carry out the shipment.
7.3 All delivery periods specified by us in the order or otherwise agreed upon shall commence,
a) if delivery against credit card transfer is agreed, on the day of receipt of the full purchase price (including VAT and shipping costs) or
b) if payment by Paypal or via immediate bank transfer is agreed, on the day of the conclusion of the purchase contract.
§ 5 Choice of law, place of performance, place of jurisdiction
(1) German law shall apply. In the case of consumers, this choice of law shall only apply to the extent that the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn as a result ("Gültigkeitsprinzip").
(2) The place of performance for all services arising from the business relations with us as well as the place of jurisdiction shall be our registered office, insofar as you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same shall apply if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is unknown at the time the action is brought. The right to also call upon the court at another legal place of jurisdiction remains unaffected by this.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
§ 6 Privacy
In the following, we provide information about the collection of personal data when concluding business transactions. Personal data are all data that can be related to you personally, e.g. name, address, e-mail addresses, payment data, ordered goods.
1. Responsible Person
The person responsible pursuant to Art. 4 Para. 7 GDPR is höfats GmbH, represented by Christian Wassermann and Thomas Kaiser, Albert-Einstein-Str. 6, 87437 Kempten, email@example.com, www.hoefats.com.
2. Information on data collection for the purpose of contract processing
(1) When you commission us or buy something from us, the following information is collected: Name, title, address and e-mail address. Furthermore, we collect data on your company, fax number, telephone number; however, the collection of these data is based on your voluntary consent. Not providing this data has no influence on the contract.
(2) The data will be collected, stored and, if necessary, passed on by us to the extent necessary to provide the contractual services. In particular, we use the data to identify you as a customer, to process the order, for correspondence with you, for invoicing and, if necessary, to process contractual and non-contractual claims. The collection, storage and transfer is therefore for the purpose of fulfilling the contract and on the basis of Article 6 paragraph 1 sentence 1 lit. b GDPR. Failure to provide this data may result in the contract not being concluded.
(3) In particular, we are entitled to transfer your data to third parties if and to the extent that this is necessary for the implementation of pre-contractual measures and fulfilment of this contract in accordance with Art. 6 para. 1 lit. b) GDPR, for the fulfilment of a legal obligation in the sense of Art. 6 para. 1 lit. c) GDPR or for the enforcement of our legitimate interests in accordance with Art. 6 para. 1 lit. f) GDPR. Transmission may in particular take place to
a) dispatch service providers for the purpose of delivery
b) payment institutions for payment purposes
c) payment service providers (see below) for the purpose of payment
d) Credit agencies (for the purpose of debt enforcement, if you are in default). Here lies our legitimate interest in the enforcement of our legitimate claim. Due to our advance performance and your default, our legitimate interests shall outweigh our own.
The collection of your other data is carried out on a voluntary basis and with your consent in accordance with
Art. 6 Para. 1 lit. a) GDPR.
(4) Your payment data will be transferred to the appropriate payment service provider depending on the means of payment you have selected. The payment service provider is responsible for your payment data. Information, in particular, on the responsible body of the payment service providers, the contact details of the data protection officers of the payment service providers and the categories of personal data processed by the payment service providers can be found in our online data protection declaration and on the websites of the
a) Credit card provider Stripe Inc. at https://stripe.com/de/privacy.
b) Payment service provider Giropay GmbH at https://www.giropay.de/kaeufer/faq,
c) Payment service provider Sofort GmbH at https://www.sofort.de/datenschutz.html.
(5) When paying via PayPal, payments are processed via virtual private or business accounts. A PayPal account is managed via an email address, which is why there is no classic account number. PayPal makes it possible to trigger online payments to third parties or to receive payments. PayPal also assumes trustee functions and offers buyer protection services. The European operating company of PayPal is PayPal (Europe) S.à.r.l. & Cie. S.C.A., 22-24 Boulevard Royal, 2449 Luxembourg, Luxembourg. If you select "PayPal" as a payment option during the ordering process, your data will be automatically transmitted to PayPal. The personal data collected by PayPal are usually first name, last name, address, email address, IP address, phone number, cell phone number or other data that are necessary for payment processing. Also necessary for the processing of the contract are such personal data that are related to the respective order. The transmission of the data is for the purpose of payment processing and fraud prevention. PayPal may pass on the personal data to affiliated companies and service providers or subcontractors, insofar as this is necessary for the fulfillment of contractual obligations or the data is to be processed on behalf. The data subject has the possibility to revoke the consent to the handling of personal data vis-à-vis PayPal at any time. A revocation does not affect personal data that must necessarily be processed, used or transmitted for (contractual) payment processing. The applicable data protection provisions of PayPal can be found at https://www.paypal.com/de/webapps/mpp/ua/privacy-full.
3. Storage duration
The personal data collected will be stored until the expiry of the statutory retention period for merchants (6, 8 or 10 years after the end of the calendar year in which the contractual relationship was terminated) and deleted thereafter. This does not apply by way of exception if we are obliged to store the data for a longer period of time due to tax or commercial storage obligations (in accordance with the German Commercial Code (HGB), the German Penal Code (StGB) or the German Fiscal Code (AO)) or if you have consented to storage beyond this period.
1) You have the right to request information from us at any time about the personal data we have stored about you (Art. 15 GDPR). This also applies to the recipients or categories of recipients to whom this data is passed on and the purpose of the storage.
(2) You also have the right to demand the correction of incorrect or incomplete data under the conditions of Art. 16 GDPR and/or the deletion of stored data under the conditions of Art. 17 GDPR. Deletion is only possible to the extent that the processing is not necessary for the exercise of the right to freedom of expression and information, for the fulfillment of a legal obligation, for reasons of public interest or for the assertion, exercise or defence of legal claims.
(3) You have the right, under the conditions of Art. 18 GDPR, to demand the restriction of processing if you dispute the accuracy of your data, if the processing is unlawful and we refuse to delete it, if you need the data to assert legal claims or if you have lodged an objection to the processing.
(4) Furthermore, you may at any time request data transmission under the conditions of Art. 20 GDPR.
(5) If the collection of data is based on consent, you may revoke your consent to us at any time. As a consequence, we may not process this data further in the future.
(6) If personal data is processed to protect legitimate interests (Art. 6 (1) sentence 1 lit. f of the GDPR), you may object to the processing of your personal data at any time with effect for the future. If you do so, we must refrain from any further processing of your data for the above-mentioned purposes, unless
(a) there are compelling legitimate reasons for processing which override your interests, rights and freedoms; or
(b) processing is necessary for the purpose of pursuing, exercising or defending legal claims.
(7) All requests for information, requests for disclosure, revocations or objections to data processing should be addressed by e-mail to our data protection officer at the address stated under No. 1 Para. 2 or to the address stated under No. 1 Para. 1. For more detailed information we refer to the full text of the GDPR and our data protection declaration, which can be viewed on the Internet at www.hoefats.com. You also have the opportunity to complain to the competent supervisory authority about data protection issues. The authority responsible for us is the Bavarian State Office for Data Protection Supervision, Promenade 27, 91522 Ansbach.
Revised by the law firm Schenk Datenschutz Rechtsanwaltsgesellschaft mbH on August 28th, 2020.