Terms and Conditions

Terms and Conditions with Customer Information

Table of Contents

  • Scope
  • Conclusion of Contract
  • Right of Withdrawal
  • Prices and Payment Conditions
  • Delivery and Shipping Conditions
  • Retention of Title
  • Liability for Defects (Warranty)
  • Redemption of Promotional Vouchers
  • Redemption of Gift Vouchers
  • Applicable Law
  • Jurisdiction
  • Alternative Dispute Resolution
  1. Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of HERMAN BUSINESS UG (limited liability) (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods presented by the Seller in his online shop. The inclusion of the Customer's own conditions is hereby objected to, unless otherwise agreed.

1.2 These GTC also apply to contracts for the delivery of vouchers, unless expressly agreed otherwise.

1.3 A consumer, for the purposes of these GTC, is any natural person who enters into a legal transaction for purposes that predominantly are outside their trade, business or profession. An entrepreneur, for the purposes of these GTC, is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their trade, business, or profession.

  1. Conclusion of Contract

2.1 The product descriptions in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.

2.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding contract offer regarding the goods in the shopping cart by clicking the button that concludes the ordering process. The Customer can also submit the offer to the Seller by telephone, fax, email, or postal service.

2.3 The Seller can accept the Customer's offer within five days by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), in which case the receipt of the order confirmation by the Customer is decisive, or by delivering the ordered goods to the Customer, in which case the receipt of the goods by the Customer is decisive, or by asking the Customer to pay after placing their order.

2.4 If several of the aforementioned alternatives exist, the contract is concluded at the time one of the aforementioned alternatives first occurs. The period for acceptance of the offer starts the day after the Customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this is considered a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.

2.5 When submitting an offer via the Seller's online order form, the text of the contract is stored by the Seller after the conclusion of the contract and sent to the Customer in text form (e.g., email, fax, or letter) after the Customer has sent their order. The Seller does not make the text of the contract accessible beyond this. If the Customer has set up a user account in the Seller's online shop before sending their order, the order data is archived on the Seller's website and can be accessed free of charge by the Customer via their password-protected user account by providing the appropriate login data.

2.6 Prior to the binding submission of the order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the browser's zoom function, which enlarges the display on the screen. The Customer can correct their inputs via the usual keyboard and mouse functions until they click the button that concludes the ordering process.

2.7 The languages available for the conclusion of the contract are German and English.

2.8 Order processing and contact usually take place via email and automated order processing. The Customer must ensure that the email address provided for order processing is accurate so that emails sent by the Seller can be received at this address. Particularly when using SPAM filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller to process the order can be delivered.

  1. Right of Withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller's withdrawal instructions.

  1. Prices and Payment Conditions

4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices that include statutory sales tax. Any additional delivery and shipping costs will be specified separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the Seller is not responsible and which must be borne by

the Customer. These include, for example, costs for money transfers by credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also arise in relation to money transfers if the delivery is not to a country outside the European Union, but the Customer makes the payment from a country outside the European Union.

4.3 The payment options available to the Customer will be communicated in the Seller's online shop.

4.4 If payment in advance by bank transfer is agreed, payment is due immediately after the conclusion of the contract, unless the parties have agreed on a later due date.

  1. Delivery and Shipping Conditions

5.1 The delivery of goods is made by shipping to the delivery address specified by the Customer, unless otherwise agreed. During the processing of the transaction, the delivery address specified in the Seller's order processing is decisive.

5.2 If the delivery of the goods fails for reasons attributable to the Customer, the Customer bears the reasonable costs incurred by the Seller as a result. This does not apply with respect to the costs for the shipment if the Customer effectively exercises their right of withdrawal. For the return costs, if the Customer effectively exercises their right of withdrawal, the regulation in the Seller's withdrawal instructions applies.

5.3 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies in the case where the non-delivery is not attributable to the Seller and the Seller has concluded a specific cover transaction with the supplier with due diligence. The Seller will make all reasonable efforts to procure the goods. In the event of unavailability or partial availability of the goods, the Customer will be informed immediately, and the payment will be refunded promptly.

5.4 In the case of self-collection, the Seller first informs the Customer by email that the goods ordered are ready for collection. After receiving this email, the Customer can collect the goods in consultation with the Seller at the Seller's location. In this case, no shipping costs will be charged.

5.5 Vouchers are provided to the Customer as follows:

  • by email
  1. Retention of Title

If the Seller makes an advance payment, the Seller retains title to the delivered goods until the purchase price owed has been paid in full.

  1. Liability for Defects (Warranty)

7.1 If the purchased item is defective, the provisions of the statutory liability for defects apply.

7.2 If the Customer acts as a consumer, they are requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the Seller accordingly. If the Customer fails to comply, this does not affect their statutory or contractual claims for defects.

  1. Redemption of Promotional Vouchers

8.1 Vouchers issued by the Seller as part of promotions with a specific period of validity, which cannot be purchased by the Customer (hereinafter "Promotional Vouchers"), can only be redeemed in the Seller's online shop and only within the specified period.

8.2 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotional voucher.

8.3 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

8.4 Only one promotional voucher can be redeemed per order.

8.5 The value of the goods must at least equal the amount of the promotional voucher. The Seller will not refund any remaining balance.

8.6 If the value of the promotional voucher is insufficient to cover the order, one of the other payment methods offered by the Seller can be selected to settle the difference.

8.7 The balance of a promotional voucher will not be paid out in cash or earn interest.

8.8 The promotional voucher will not be refunded if the Customer returns the goods paid for in whole or in part with the promotional voucher within the framework of their statutory right of withdrawal.

8.9 The promotional voucher is transferable. The Seller may perform with discharging effect to the respective holder who redeems the promotional voucher in the Seller's online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the non-entitlement, legal incapacity, or lack of representative authority of the respective holder.

  1. Redemption of Gift Vouchers

9.1 Vouchers that can be purchased via the Seller's online shop (hereinafter "Gift Vouchers") can only be redeemed in the Seller's online shop, unless otherwise stated in the voucher.

9.2 Gift vouchers and remaining balances of gift vouchers are redeemable until the end of the third year following the year of the voucher purchase. Remaining balances will be credited to the Customer until the expiry date.

9.3 Gift vouchers can only be redeemed before completing the order process. Subsequent billing is not possible.

9.4 Only one gift voucher can be redeemed per order.

9.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of

additional gift vouchers.

9.6 If the value of the gift voucher does not cover the order, one of the other payment methods offered by the Seller can be selected to settle the difference.

9.7 The balance of a gift voucher will not be paid out in cash or earn interest.

9.8 The gift voucher is transferable. The Seller may perform with discharging effect to the respective holder who redeems the gift voucher in the Seller's online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the non-entitlement, legal incapacity, or lack of representative authority of the respective holder.

  1. Applicable Law

For all legal relationships between the parties, the law of the Federal Republic of Germany applies, excluding the laws about the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the protection provided by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.

  1. Jurisdiction

If the Customer is acting as a commercial entity, legal entity of public law or special fund under public law with its seat in the territory of the Federal Republic of Germany, the sole jurisdiction for all disputes from this contract is the Seller's place of business. If the Customer's place of business is outside the territory of the Federal Republic of Germany, the Seller's place of business is the sole jurisdiction for all disputes from this contract if the contract or claims from the contract can be attributed to the Customer's professional or commercial activities. However, in the above cases, the Seller is in any case entitled to call the court at the place of business of the Customer.

  1. Alternative Dispute Resolution

12.1 The European Commission provides a platform for online dispute resolution (ODR), which can be found at https://ec.europa.eu/consumers/odr/. This platform serves as a point of contact for out-of-court resolution of disputes arising from online purchase or service contracts in which a consumer is involved.

12.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.