General terms and conditions
General terms and conditions
Hamburger Upcycling
Susannenstr. 34
20357 Hamburg
– hereinafter provider –
§ 1 Scope of application
(1) The services of the provider for the online store at hamburger-upcycling.de are provided exclusively on the basis of the following General Terms and Conditions in the version valid at the time of the order.
(2) Our General Terms and Conditions apply exclusively. Terms and conditions of the customer that deviate from our General Terms and Conditions are not valid, unless we expressly agree to them.
§ 2 Conclusion of contract
(1) Our offers on the Internet represent a non-binding invitation to the customer to order goods. By sending the order on our website, the customer submits a binding offer to conclude a contract.
(2) Confirmation of receipt of the order follows immediately after the order has been sent and does not yet constitute acceptance of the contract. We can accept your order by sending an order confirmation by e-mail within 2 days.
§ 3 Payment, Default
(1) The prices listed on our website at the time of the order shall apply. All prices include the statutory value-added tax and are subject to the shipping costs listed in each case. Within Germany these amount to 3.50 EUR.
(2) The payment of the purchase price is possible by instant bank transfer, advance payment, by credit card and via the service of Paypal.
(3) If the payment method “PayPal” is selected, the payment shall be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal terms of use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.
§ 4 Retention of title
We retain title to the delivered item until full payment of the purchase price.
§ 5 Delivery
(1) Delivery will be made within 5 working days from receipt of order, in case of payment by bank transfer/advance payment 5 days after receipt of payment. We point out possible deviating delivery times on the respective product page. The start of the delivery time specified by us requires the timely and proper fulfillment of the obligations of the customer, in particular the correct specification of the delivery address in the order.
(2) If the Provider is not able to deliver the ordered goods through no fault of its own because the Provider’s supplier does not fulfill its contractual obligations, the Customer will be informed immediately that the ordered goods are not available. Already rendered counter-performances of the contractual partner will be refunded immediately. The legal claims of the customer remain unaffected.
(3) With respect to entrepreneurs, the risk of deterioration or loss of the goods shall pass to the Customer upon handover of the delivery item to the transport company. If the handover or dispatch is delayed for reasons for which the Customer is responsible, the risk shall pass to the Customer on the date of notification that the delivery item is ready for dispatch.
-§ 6 Default of acceptance
(1) If the customer is in default of acceptance or culpably violates other duties to cooperate, we shall be entitled to demand compensation for the damage incurred by us as a result, including any additional expenses. We reserve the right to assert further claims. This shall not apply if the customer effectively exercises his right of revocation, if he is not responsible for the circumstance that led to the impossibility of delivery, or if he was temporarily prevented from accepting the offered performance, unless the seller had given him reasonable prior notice of the performance.
(2) The purchase price shall bear interest during the period of default. The default interest rate shall be five percentage points per annum above the base interest rate. In the case of legal transactions between entrepreneurs, the interest rate shall be eight percentage points above the base interest rate.
(3) For its part, the customer shall have the right to prove that no damage or at least substantially less damage has been incurred in the amount demanded. The risk of accidental loss or accidental deterioration of the object of sale shall pass to the customer at the point in time at which the customer is in default of acceptance or debtor’s delay.
§ 7 Warranty
(1) In the event of a defect, the customer shall have the choice as to whether subsequent performance is to be effected by repair or replacement. However, we shall be entitled to refuse the type of subsequent performance chosen by the customer if it is only possible at disproportionate cost and the other type of subsequent performance does not involve any significant disadvantages for the customer.
(2) If the subsequent performance has failed or if we have refused the subsequent performance altogether, the customer may, at its option, demand a reduction of the purchase price (abatement) or declare its withdrawal from the contract. Any claims for damages on the part of the customer shall remain unaffected by this.
(3) If the customer is an entrepreneur in the sense of § 14 BGB (German Civil Code), the following shall apply to the customer’s warranty claims as agreed: Obvious defects must be reported to the supplier in writing immediately, at the latest within 14 calendar days after delivery of the goods, hidden defects must also be reported in writing immediately, at the latest within 14 calendar days after they become known. If the notification of defects is not made in due time, the warranty rights of the customer with regard to the defect not notified in due time are excluded. This does not apply, however, if the provider has fraudulently concealed the defect and/or has assumed a corresponding guarantee. Warranty claims expire – except in the case of claims for damages – within one year after delivery of the goods to the entrepreneur.
§ 8 Limitation of liability
The Seller shall be liable to the Customer for all contractual, quasi-contractual and statutory, including tortious claims for damages and reimbursement of expenses as follows:
(1) The Seller shall be liable for any legal reason without limitation
– in case of intent or gross negligence,
– in case of intentional or negligent injury to life, body or health,
– on the basis of a warranty promise, unless otherwise regulated in this respect,
– on the basis of mandatory liability such as under the Product Liability Act.
(2) If the Seller negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless liability is unlimited in accordance with the preceding clause. Material contractual obligations are obligations which the contract imposes on the Seller according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and compliance with which the Customer may regularly rely on.
(3) In all other respects, liability on the part of the Seller is excluded.
(4) The above liability provisions shall also apply with regard to the Seller’s liability for its vicarious agents and legal representatives.
§ 9 Data protection
We treat your personal data confidentially and in accordance with the legal data protection regulations. Your data will not be passed on without your express consent, or only within the framework of the necessary processing of the contract, for example to the companies entrusted with the delivery of the goods. For more details, please refer to our privacy policy.
§ 10 Applicable law, place of jurisdiction
(1) Applicable law is the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods, insofar as this choice of law does not result in a consumer being deprived of mandatory consumer protection standards.
(2) If the contracting parties are merchants, the court at our registered office in Hamburg shall have jurisdiction, unless an exclusive place of jurisdiction is established for the dispute. This shall also apply if the customer is not domiciled within the European Union.
§ 11 Final clause
If any provision of this contract is or becomes invalid or unenforceable, the remaining provisions of this contract shall remain unaffected.