Terms and Conditions

Private Costumer (Consumer)

HEIBI-Metall Birmann GmbH
Friedrich-Ebert-Straße 62
91626 Schopfloch
Onlineshop: www.heibi-living.de

 

I. General Information

1. The following general terms and conditions are applicable for all contracts between us and the buyer (hereafter referred to as the "customer") which involve an order placed by the customer through the online shop operated by us on the website www.heibi-living.de, even if an explicit reference should not be made in an individual instance in the future.

The customer's own terms and conditions are explicitly rejected. Under no circumstances shall these form an integral part of the contract.

2. Customers are both consumers and contractors for the purposes of these general terms and conditions.

3. The customer hereby declares that he/she explicitly waives the implementation of his/her own general terms and conditions, even if his/her written submissions contain reference to the general terms and conditions of his/her company or if a reference was made to these in his/her contractual documentation.

 

II. Offer/Acceptance

1. In principle, our quotations are non-binding and free of obligation. In a legal sense, they only represent an invitation for submission of an offer of contract on the part of the customer.

2. The order by the customer submits an offer to us to conclude a purchase contract. The customer is bound to this offer for ten days from the date on which we received it.

3. After placing an order, the customer shall receive an e-mail which confirms our receipt of the order and lists its details (order confirmation). This order confirmation does not signify acceptance of the customer's offer, but merely provides information that the order has been received by us.

4. The contract shall materialise if we accept the customer's order. The order is accepted if we provide a separate confirmation or once the customer has received the goods after they were dispatched by us. No contract shall materialise for products from the very same order which have not been sent. We also have the right to accept the customer order by sending a written acceptance.

5. Conclusion of the contract takes place with the reservation that services shall not be provided at all, or not in their entirety, in the event of incorrect or improper delivery to us by our own supplier. This only applies in the event that we are not responsible for this non-delivery. In the event of non-availability or of partial availability of the goods, the customer shall be informed immediately. Payment will be refunded immediately.

 

III. Cancellation Instructions

Right to cancel

You have the right to cancel this contract within 14 days without specifying a reason. The cancellation period is 14 days, starting from the day on which you or a third party appointed by you who is not the carrier took possession of the goods. In order to exercise your right to cancel, you must inform us


HEIBI-Metall Birmann GmbH
Friedrich-Ebert-Straße 62
D-91626 Schopfloch
Telefon +49 (0) 9857 709-0
Telefax +49 (0) 9857 709-62
E-Mail: reklamation@heibi-living.de

about your decision to cancel this contract by means of a clear declaration (e.g. in the form of a letter, fax or e-mail). You may use the attached cancellation form for this purpose, but this is not mandatory.

To observe the cancellation period, it is sufficient that you send notification of your decision to exercise your right to cancel by the time the cancellation period elapses.

Consequences of cancellation

If you cancel this contract, we must refund all payments that we have received from you, including the delivery costs (with the exception of additional costs arising from your selection of a delivery option that differs from the cheapest standard delivery offered by us) without delay and at the latest within 14 days of the day on which we received notification that you have chosen to exercise your right to cancel this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless a different option has been explicitly agreed with you. Under no circumstances will you be charged any fees as a result of this refund. We may refuse to give a refund until we have received the goods once again or until you have provided evidence that you have dispatched the goods to us, depending on which of these takes place at the earliest point in time.

If the goods concerned are able to be sent as a parcel, you must send or hand over the goods without delay and at the very latest within 14 days of the day on which you inform us of your cancellation of this contract. This period will be deemed to have been observed if you dispatch the goods before the period of 14 days has elapsed. Domestic buyers (from within Germany) shall bear the direct costs of returning the goods, provided the price of the item(s) to be returned does not exceed a total of € 100. If the goods concerned are not able to be sent as a parcel, we will collect them. Buyers from other (EU) countries shall bear the costs for return shipment of the goods.

You must only pay for any depreciation of value of the goods if this depreciation can be traced back to you handling the goods in a way that is not necessary for determining the condition, properties and function of the goods.

End of cancellation instructions

Exclusion or premature expiration of the right to cancel
The right to cancel does not exist for contracts for the delivery of goods which are not prefabricated and which were manufactured according to a custom selection or specification from the consumer, or which are unequivocally tailored to the personal requirements of the consumer.

The right to cancel shall expire prematurely for contracts for the delivery of goods if these goods have been inseparably mixed with other commodities after delivery due to their physical state.

 

IV. Delivery and shipment costs

1. Upon delivery of the goods to the customer, the risk of accidental destruction and accidental deterioration of the purchased goods is transferred to the customer.

2. We only deliver within Germany/the EU. The delivery of the purchased goods generally takes place by package shipment. Delivery will be made to the delivery address specified by the customer.

 

V. Prices, payment and arrears

1. The prices specified at the checkout shall apply for orders placed through the online shop. Specified prices are inclusive of statutory VAT.

2. The customer shall pay the purchase price using the PayPal, SEPA Direct Debit, Credit Card (Visa, Mastercard), Payments Amazon, Payment in Advance (Bank Transfer). Goods will only be delivered once payment has been received.

3. The customer may only offset if counter-claims made against us are undisputed or legally valid. The same applies for exercising a right of retention. Mere silence in the event of the formal assertion of a claim by the customer does not constitute recognition or a position of indisputability.

 

VI. Guarantee / Warranty

In the event that the purchased goods are defective, the statutory warranty specifications shall apply. The warranty period is two years, valid from receipt of the goods.

We offer a 10-year warranty against rust perforation for articles from the HEIBI product range made out of stainless steel, aluminium, and hot-dip galvanized steel. Our “steellife nosto” products come with a 15-year warranty against rust perforation. The warranty does not include wearing parts, electronic ballast and traces of usage. This warranty will become null and void in the event of improper operation, handling and care, or in case of wilful damage.

 

VII. Claims for compensation

In all cases where we are liable to provide compensation or a reimbursement of expenses due to a contractual or statutory basis, we shall only be liable if we, our executives or agents are guilty of deliberate action, gross negligence or injury to life, limb or health. Strict liability as outlined by applicable product liability law is unaffected. Liability for culpable violation of essential contractual obligations is also unaffected. In this respect, with the exception of the cases outlined in sentence 1, liability is limited to the foreseeable damage typical of this kind of contract. Any change to the burden of proof to the disadvantage of the customer is not associated with the preceding regulation.

 

VIII. Reservation of proprietary rights

1. We reserve the proprietary rights to all goods delivered by us to a customer until final and complete payment for the delivered goods has been made.

2. The customer may not dispose of the retained goods.

3. In the event of seizure, confiscation or other disposals or intervention on the part of third parties, the customer must point out our right of ownership and inform us immediately.

 

IX. Choice of law

All contracts with customers are solely determined on the basis of the formal and material law of the Federal Republic of Germany under exclusion of the UN Convention on Contracts for the International Sales of Goods and under exclusion of the standards of private German international law, which would lead to the application of foreign law in a formal or material sense.

 

X. Data protection information

The personal data shared with us shall only be saved, processed and used by us for the purposes of processing the contract. We undertake not to pass on personal customer details to other persons, firms or institutions. The statutory specifications laid out in the German Federal Data Protection Act (BDSG) and Telemedia Act (TMG) are also applicable. Specific details of this can be found under the Data Protection menu option.

 

XI. Severability clause

If certain individual provisions in this contract should be ineffective, partially ineffective and/or unenforceable, this shall not affect the effectiveness of the remaining provisions. In place of the ineffective, partially ineffective and/or unenforceable provisions, the parties shall agree to put in place a regulation which comes as close as possible to the meaning and purpose of the ineffective, partially ineffective and/or unenforceable provisions. If the parties do not reach such an agreement, the legal provision that comes the closest to the meaning and purpose of the ineffective, partially ineffective and/or unenforceable provision shall take the place of the ineffective, partially ineffective and/or unenforceable provision as desired by the parties.


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