1. GENERAL REGULATIONS
1.1 The present general terms of business (Terms and Conditions) are valid for everybody between the Harjuna Pavilions Werner Liebchen (in the following: Harjuna Pavilions) and the customer about the on-line shop under the Domain Harjuna.com to concluded contracts.
1.2 Customers are for the purposes of present Terms and Conditions consumers as well as enterprisers.
2. COME ABOUT OF A CONTRACT
2.1 The products performed within the on-line shops and achievements show no Harjuna Pavilions to binding offers; it concerns rather the request to the customer of presenting an obliging offer by delivery of an order.
2.2 By sending the order from the virtual "goods basket" the customer delivers an obliging order about in this contained article. Harjuna Pavilions to the customer will confirm the access of this order immediately by e-mail.
2.3 The bill of sale comes about with the explicit acceptance of the order by Harjuna Pavilions. In this respect Harjuna Pavilions is entitled to accept the contract offer of the customer within three working days after entrance of the order.
3. CONTRACT TEXT STORAGE
The contract text is stored; he is observable about the link "Terms and Conditions" on the web page harjuna.com
4. TERMS OF DELIVERY AND DISPATCH TERMS
4.1 If a dispatch of the product is agreed with the customer, the delivery occurs against cash in advance (advance transfer or cash on delivery) to the address of delivery informed by the customers. A pickup by the customer by the customer is possible; it is asked in this respect for the arrangement of an Abholtermins.
4.1.1 The dispatch of the bought articles occurs within five working days after payment entrance (by advance transfer) or after realisation of the contract (by cash on delivery deliveries) provided that the product is available. Were with longer delivery times are marked separately.
4.1.2 The customer assures that the deposited address of delivery is right and entire. Should additional costs originate on account of incomplete or wrong address data with the sending, the customer has to substitute for this.
4.2.1 With enterprisers the danger of the accidental setting and the accidental deterioration of the sold thing goes over in the handing over to itself or a person authorised to receive, by the sending purchase – also by freight-free delivery – with the delivery of the product to a suitable transport person.
4.2.2 With consumers the danger of the accidental setting and the accidental deterioration of the sold thing – also goes over by the sending purchase – in the handing over of the product to the consumer on this.
4.2.3 It is on a par with the handing over if the customer gets in the delay of the acceptance.
5. PRICES, PAYMENT TERMS & DELAY RESULTS
5.1 With the prices cited in the offers it concerns retail prices – i.e. they contain all prize components including attacking taxes. In particular cases other taxes and/or deliveries (e.g., duties) from the customer can be to be paid by international deliveries.
5.2 All purchase prices are valid – if not something else is expressly agreed – plus delivery expenses and forwarding expenses. Hence, with the sending of goods by the home as well as abroad additional delivery expenses and forwarding expenses result; their height is directed according to the information provided in connection with the concrete offer.
5.3 The customer undertakes to pay the purchase price plus attacking delivery expenses and forwarding expenses at the latest ten days on receipt of the request for payment without deduction in the case of an agreed advance transfer.
5.4 The customer can use a retention right only if his counterclaim is based on the same contractual relationship.
6. RETENTION OF TITLE
6.1 Harjuna Pavilions reserves itself towards customers the property in sold things up to the entire payment of the purchase price (reservation product).
6.2 The customer is obliged to treat the reservation product devotedly.
6.3 The customer is obliged during the retention of title to inform Harjuna Pavilions of an access of third to the product (e.g., in case of a Pfändung) as well as any damages or the destruction of the product immediately and to make available all information and documents which are necessary for the protection of the rights of the owner. Third are to be pointed out to the foreign property. The customer has to indicate a change of ownership of the reservation product as well as own residence change during the retention of title immediately.
6.4 With behaviour contrary to the terms of the agreement of the customer – in particular with default or in the case of the injury of a duty after figure 6.2 and/or 6.3 of these Terms and Conditions Harjuna Pavilions is entitled to withdraw from the contract and to require the reservation product out.
7. CANCELLATION INSTRUCTION
7.1 Cancellation right
They can revoke your contract explanation within two weeks without giving reasons in text form (e.g., letter, fax, e-mail) or – if the thing leaves to you before the deadline - by return of the thing. The term begins on receipt of this instruction in text form, however, not before entrance of the product with the receiver by the returning delivery of goods of the same kind not before entrance of the first part delivery) and also not before fulfilment of our duties to inform according to article 246 §2 in connection with §1 paragraph 1 and 2 EGBGB as well as our duties according to §312 g of paragraph 1 sentence 1 Civil Code in connection with article 246 §3 EGBGB. For the protection iderrufsfrist the timely sending of the cancellation or the thing is enough. The cancellation is to be directed in:
Frankfurt country road 47
Phone: +49 (0) 163-4166200
USt-Ident. No.: DE264825680
7.2 Cancellation results
In case of an effective cancellation the achievements received on both sides zurückzugewähren and if necessary pulled uses (e.g., interest) are to be published. Are able to do to us the received achievement all or part not or only in made worse state zurückgewähren, you must pay to us in this respect if necessary value compensation. With the surrender of things this is not valid if the deterioration of the thing is due exclusively to their check – as you would have been possible to you possibly in the retail shop-. For the rest, you can avoid the duty to the value substitute with one by the designated Inge-brauchnahme of the thing resulted deterioration, while you do not take the thing like your property in use and omit from everything what affects their value. Paketversandfähige things are to be sent back on our danger. They have to bear the regular costs of the return if the delivered product of the ordered ones corresponds and if the price of the thing to be sent back does not exceed an amount of 40 euros or if you have not produced the consideration or a by contract agreed hire-purchase with a higher price of the thing at the time of the cancellation yet. Otherwise the return is free for you. Not paketversandfähige things are fetched with you. Obligations to the allowance of payments must be fulfilled within 30 days. The term begins for you with sending your cancellation explanation or the thing, for us with their receipt.
End of the cancellation instruction
8. COMMUNICATION OF DAMAGES IN TRANSIT
The customer will support Harjuna Pavilions in the case of damages in transit after the best forces, as far as claims are asserted compared with the concerning transportation company or transport assurance.
8.1 The customer will check the delivered product. With externally recognizable damages in transit the customer commits himself for the case that the delivery, nevertheless, is accepted to note the damages on the respective dispatch documents with acceptance of the delivery and to let sign from the delivery agent; the packaging is to be kept.
8.2 If the (partial) loss or the damage is not recognizable externally, the customer has to indicate this within five days after delivery towards Harjuna Pavilions or within seven days after delivery compared with the transportation company to guarantee that any claims can be asserted compared with the transportation company on time.
8.3 Any rights and claims of the customer, in particular his rights with defects of the thing, remain untouched from the regulations of the figures 8.1 and 8.2 these Terms and Conditions.
9. GUARANTEE TERMS
Any inquiries and/or objections are to be directed of every kind about at the end of these Terms and Conditions with cited contact data in Harjuna Pavilions.
9.1 No guarantee exists in the case of damages which have originated from an improper use or treatment of the article. Same is valid for a so-called artificial wear.
9.2 According to the legal regulations the customer has only one right to subsequent performance in the case of defects of the delivered thing basically first.
9.2.1 The consumer has in this respect the choice whether the subsequent performance should occur through finishing touches or spare delivery; however, Harjuna Pavilions is entitled to refuse the kind of the elective subsequent performance if it is possible only with disproportionate costs and remains the other kind of the subsequent performance without considerable disadvantages for the consumer.
9.2.2 Compared with enterprisers Harjuna Pavilions provides guarantee by finishing touches or spare delivery for defects of the product first after own choice.
9.3 If the subsequent performance has missed, the customer can lower basically the reimbursement after his choice according to the legal regulations (decrease), the contract make declining (resignation), compensation or substitute of vain expenditures require. If the customer chooses compensation, the restrictions of liability are valid concerning this after figure 10 these Terms and Conditions.
9.4 With new things the period of limitation amounts for the rights of a consumer with defects two years from delivery of the product, for the rights of an enterpriser a year from delivery of the product. With used things the period of limitation amounts for the fault claims of customers a year from delivery – unless, the fault claims are excluded (in addition figure 9.5). With the preceding terms linked limitation reliefs are not valid, as far as Harjuna Pavilions sticks after figure 10 these Terms and Conditions or it is about the real right of a third on account of which the publication of the object of delivery can be required.
9.5 Used things can show signs of wear typical for age and wears to which is pointed out in connection with the article offer. In addition, the claims and rights are excluded towards enterprisers by the sales of used things because of defects. This guarantee exclusion is not valid, as far as possible Harjuna Pavilions sticks after figure 10 these Terms and Conditions or it is about the real right of a third on account of which the publication of the object of delivery can be required.
9.6 Enterprisers must indicate evident defects within a term of two weeks from receipt of the product under the above performed contact data; otherwise the assertion of the guarantee claim is excluded. It is enough for the term protection the timely sending of the lack announcement.
10.1 According to the legal regulations Harjuna Pavilions sticks without limitation for damages from the injury of the life, the body or the health which are based on a deliberate or careless duty injury as well as for other damages which are based on a deliberate or roughly careless duty injury as well as guile. In addition, Harjuna Pavilions sticks without limitation for the damages which are enclosed by the liability according to compelling legal regulations, like the product liability law as well as in the case of the takeover of guarantees.
10.2 Harjuna Pavilions sticks for such damages which are not grasped from 10.1 and are caused by an easy or light carelessness, as far as this carelessness concerns the injury by contract duties whose fulfilment generally only allows the proper realisation of the contract and may trust in their observance the customer regularly (sucked. Cardinal's duties). Besides, the liability of Harjuna Pavilions limits itself to the predictable damages typical for contract.
10.3 In case of the slightly careless injuries of such contract duties which are grasped neither from 10.1 nor 10.2 (sucked inessential contract duties) Harjuna Pavilions sticks towards consumers – nevertheless, this limits to the predictable damages typical for contract.
10.4 A further liability is excluded.
11. FINAL REGULATIONS
11.1 It is worth the right of the Federal Republic of Germany.
11.1.1 With the consumers who do not conclude the contract for professional or commercial purposes this legal choice only in this respect, as the not lasted protection is valid by compelling regulations of the right of the state in which the consumer has his usual stay, is taken away.
11.1.2 The regulations of the arrangement of the United Nations about contracts about the international goods purchase (UN-purchase right) find no use.
11.2 If the customer is a businessman, a legal entity of the public right or public law special property, is exclusive legal venue for all disputes from this contract the place of business of Harjuna Pavilions. The same is valid if the customer is an enterpriser and has no general legal venue in Germany or residence or usual stay are not known at the time of the complaint elevation. The competence of Harjuna Pavilions to go also to the court in another legal legal venue remains untouched from this.
represent by manager Werner Liebchen
Frankfurter Landstrasse 47,63452 Hanau, Germany
Phone: +49 (0) 163-4166200
USt-Ident. No.: DE264825680
The contract text is made available exclusively into German. This contract text is deposited on our server and can be stored by the consumer and/or be printed out. The duration of the storage is limited, so that the consumer has to perform worry for an independent storage of the contract text himself.