Terms & Conditions General Terms and Conditions
1. Scope
1.1. These terms and conditions of Heinz Fischer (hereinafter referred to as "Seller") shall apply to all contracts concluded between the Customer and the Seller with regard to the products and/or services presented by the Seller on the Internet trading platform. The inclusion of the customer's own terms and conditions is hereby objected to, unless otherwise agreed.
These general terms and conditions apply to the entire business relationship with our customers. Conflicting general terms and conditions shall only become part of the contract if they are acknowledged by us in writing. In the event of an acknowledgement, this is limited to the respective transaction. The goods shall be delivered exclusively in the designs, packaging units or minimum quantities specified in the current catalogue or brochure. We reserve the right to make technical changes in the sense of technical progress as well as customary deviations in shape, colour and weight, provided that we do not deviate from the quality and functionality ordered. Orders are only binding for us if we confirm them or comply with them by sending the goods. We are entitled to make partial deliveries and render partial services if there is a valid reason.
1.2. Customers within the meaning of section 1.1 are both consumers and entrepreneurs, whereby a consumer is any natural person who concludes a legal transaction for a purpose that can be attributed neither to his commercial nor to his independent professional activity. On the other hand, 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 his independent professional or commercial activity.
2. Conclusion of contract
2.1. The customer must ensure that the e-mail address provided by him for order processing is correct, so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or third parties commissioned by the seller to process the order can be delivered.
3. Return costs when exercising the right of withdrawal. If the customer has a right of withdrawal, the regular costs of the return will be imposed on him when exercising the right of withdrawal.
3.1. Ownership of the delivered goods shall not pass to you until full payment has been made.
3.2. We reserve the right to update articles or compilations, provided that they represent an enrichment and are reasonable for you.
3.3. If the delivered goods have a defect, you may demand the removal of the defect or the delivery of a defect-free item (subsequent performance), unless this is associated with disproportionate costs. The latter is the case if only some parts of a sticker set are defective or missing. In this case, please let us know which stickers are defective or missing. We will then send you spare parts immediately. If a defect is not remedied within a reasonable period of time to be set by you, you may, at your discretion, demand a reduction in the purchase price (reduction) or damages (in accordance with para. 4.)
or withdraw from the contract. You have the same rights even without setting a deadline if the supplementary performance has failed, has been seriously and definitively refused by us, if it is unreasonable for you or if a case of §§ 281 para. 2, 323 para. 2 BGB exists, in particular if there are special circumstances which, taking into account our mutual interests, justify an immediate assertion of the aforementioned rights.
4. Prices and terms of payment
4.1. The prices quoted by the seller are final prices. Any additional delivery and shipping costs that may be incurred will be stated separately in the respective product presentation in the offer.
4.2. For deliveries within Germany, the seller offers the following payment options, unless otherwise specified in the respective product presentation in the offer: PayPal
4.3. If shipping abroad is also offered for the respective product, the customer has the following payment options for deliveries abroad, unless otherwise specified in the respective product presentation in the offer: PayPal .
4.4. Self-collection is not possible for logistical reasons.
4.5. The customer is only entitled to set-off if the counterclaim is undisputed, legally established or acknowledged by the seller.
4.6. The customer can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
5. Delivery and shipping conditions
5.1. The delivery of goods takes place regularly by dispatch and to the delivery address specified by the customer. Deviating from this, when selecting the payment method PayPal, the delivery address deposited by the customer with PayPal is decisive.
Delivery time : National 6 workshops. Delivery time : International 10 working days.
5.2. If delivery to the customer is not possible, the commissioned transport company will return the goods to the seller, whereby the customer shall bear the costs for the unsuccessful delivery. This does not apply if the customer is not responsible for the unsuccessful delivery attempt or if he thereby exercises his right of withdrawal.
5.3. Liability for defects - The statutory liability for defects applies. If the delivered goods have a defect, you can demand the removal of the defect or the delivery of a defect-free item (subsequent performance). If a defect is not remedied within a reasonable period of time to be set by you, you may, at your discretion, demand a reduction in the purchase price (reduction) or damages (in accordance with para. 5.4.)
or withdraw from the contract. You have the same rights even without setting a deadline if the supplementary performance has failed, has been seriously and definitively refused by us, if it is unreasonable for you or if a case of §§ 281 para. 2, 323 para. 2 BGB exists, in particular if there are special circumstances which, taking into account our mutual interests, justify an immediate assertion of the aforementioned rights. Notices of defects due to hidden defects must be made in writing immediately after their discovery with a detailed description.
5.4. Limitation of liability - You are only entitled to claims for damages against us in the event of negligently or intentionally caused injury to body, limb or health by us, our legal representatives or vicarious agents or the breach of an essential contractual obligation, as well as for other damages, provided that these are based on a grossly negligent or intentional breach of duty by us, our legal representatives or vicarious agents. Our indispensable liability under the Product Liability Act remains unaffected.
We assume no liability for the topicality, correctness, completeness or quality of the information provided in our price lists, catalogues, other sales and sample documents as well as our Internet presentation. We reserve the right to make errors and changes for all overall contents. Likewise, any liability claims for damages and consequential damages that could be caused by the use or non-use of our products or recommendations are excluded, unless there is evidence of intentional or grossly negligent fault on our part. Also excluded is any guarantee that the delivered goods are suitable for the intended use intended by the customer or can be used or processed. Rather, it is up to the customer to test this under practical conditions before using or processing it.
5.5. Please inform us of any damage to the transport packaging immediately upon receipt of the goods. This serves exclusively to pursue our claims against the carrier. This does not limit your rights.
In case of complaints, please contact: Email : bastelvalotte@jopageri.de
6. Cancellation policy
Right of revocation You have the right to revoke this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods. To exercise your right of withdrawal, you must inform us :
Heinz Fischer
Landstrasse 18, 34454 Bad Arolsen - Germany
EMAIL : bastelvalotte@jopageri.de
by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to revoke this contract. You can use the attached sample revocation form for this purpose, but this is not mandatory. In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of revocation
If you revoke this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we received notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. We may withhold reimbursement until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the nature, properties and functioning of the goods.
End of the declaration of revocation
7. Data protection
7.1. Personal data is only collected if the customer makes it available to the seller on its own initiative for the purpose of processing the contract or when registering for the e-mail newsletter. The personal data entered on this occasion will be used for the execution of the contract and for the processing of the customer's inquiries.
7.2. The customer's e-mail address will be used exclusively for our own advertising purposes, provided that the customer has expressly consented. The customer can revoke his consent to the seller at any time.
7.3. The customer's personal data will be passed on to the transport company commissioned with the delivery as part of the contract processing, insofar as this is necessary for the delivery of the goods.
7.4. After complete processing of the contract and full payment of the purchase price, the customer's data will be stored with regard to tax and commercial retention periods, but will be deleted after expiry of these periods, unless the customer has expressly consented to the further use of his data.
7.5. The customer has a right to free information about his stored data and, if necessary, a right to correction, blocking or deletion of this data. If he has any questions regarding the collection, processing or use of his personal data, he can contact the seller free of charge.
8. Applicable law
8.1. All legal relationships between the parties shall be governed by the law of the Federal Republic of Germany to the exclusion of the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
8.2. If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be the seller's place of business. The same applies if the customer does not have a general place of jurisdiction in Germany or the EU or if his place of residence or habitual abode is not known at the time the action is filed. The right to appeal to the court at another legal place of jurisdiction remains unaffected.
8.3. The contract language is German
9. Packaging Ordinance from 01.01.2009 There is an exemption agreement between Landbell AG for retrieval systems, Rheinstraße 4K-4L, 55116 Mainz and Heinz Fischer. The system operated by Landbell for the collection and recycling of sales packaging has been established in all federal states of the Federal Republic of Germany as an exemption system in accordance with § 6 para. 3 (from 01.01.2009 § 6 para. 5) Verpack-V. Landbell carries out the disposal, in particular the recycling, of the sales packaging of our company covered by the contract in accordance with the legal requirements, in particular the Packaging Ordinance, and provides the necessary evidence with regard to the confirmation of participation in accordance with § 2 para. 3 and 4. 002
10. Manufacturer info for private consumers
10.1. All article motifs are protected by copyright, the production of copies for private or commercial purposes and their resale in any way is not permitted.
Bad Arolsen 1.01.2023