General Terms & Conditions

1. Scope of application

The following terms and conditions apply to all orders via our online shop by consumers and entrepreneurs.

A consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity. Entrepreneur is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they only become part of the contract if we have expressly agreed to this.

2. Contractual partner, conclusion of contract, correction options

The purchase contract is concluded with heroms GmbH.

The presentation of the products in the online shop does not represent a legally binding offer, but a non-binding online catalogue. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order, by using the correction aids provided and explained in the ordering process. By clicking the order button, you place a binding order for the goods contained in the shopping cart. The receipt of your order will be confirmed by e-mail immediately after the order has been sent.

When the contract is concluded with us depends on the payment method you have chosen:

Invoice
We accept your order by sending a declaration of acceptance in a separate email or by delivering the goods within two days.

Prepayment
We will accept your order by sending you a declaration of acceptance in a separate email within two days, in which we will give you our bank details.

PayPal Express
In the ordering process you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the payment order to PayPal. After placing the order in the shop, we request PayPal to initiate the payment transaction and thereby accept your offer.

PayPal Plus
As part of the PayPal Plus payment service, we offer you various payment methods as PayPal services. After placing the order, you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the payment order to PayPal. This creates the contract with us.

Amazon Pay
In the ordering process, you will be redirected to the website of the online provider Amazon before completing the ordering process in our online shop. There you can select the delivery address and payment method stored at Amazon and confirm the payment order to Amazon. You will then be redirected to our online shop where you can complete the ordering process. After placing the order, we ask Amazon to initiate the payment transaction and thereby accept your offer.

3. Contract language, contract text storage

The language(s) available for the conclusion of the contract: German

We save the text of the contract and send you the order data and our terms and conditions in text form. For security reasons, the text of the contract is no longer accessible via the Internet.

4. Terms of delivery

In addition to the stated product prices, shipping costs may apply. You can find out more detailed provisions on any shipping costs that may be incurred in the offers.

We only deliver by mail. Unfortunately, it is not possible to collect the goods yourself.

5. Payment

The following payment methods are basically available in our shop:

Payment in advance
If you select the payment method in advance, we will give you our bank details in a separate email and deliver the goods after receipt of payment.

PayPal Express
In the ordering process you will be redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, you must be registered there or first register, identify yourself with your access data and confirm the payment order to us. After placing the order in the shop, we request PayPal to initiate the payment transaction.

PayPal Plus
As part of the PayPal Plus payment service, we offer you various payment methods as PayPal services. You will be redirected to the website of the online provider PayPal. There you can enter your payment data, confirm the use of your data by PayPal and the payment order to PayPal.

If you have chosen the PayPal payment method, you must be registered there in order to be able to pay the invoice amount, or first register and authenticate yourself with your access data. The payment transaction is carried out automatically by PayPal immediately after confirmation of the payment order. You will receive further information during the ordering process.

Credit card via PayPal
If you have chosen the credit card payment method, you do not need to be registered with PayPal in order to be able to pay the invoice amount. The payment transaction will be carried out by your credit card company at PayPal's request immediately after the payment order has been confirmed and after your legitimation as the legitimate cardholder and your card will be debited. You will receive further information during the ordering process.

Direct debit via PayPal
If you have chosen the direct debit payment method, you do not need to be registered with PayPal in order to be able to pay the invoice amount. By confirming the payment order, you give PayPal a direct debit mandate. PayPal will inform you about the date of the account debit (so-called pre-notification). By submitting the direct debit mandate immediately after confirming the payment order, PayPal requests its bank to initiate the payment transaction. The payment transaction will be carried out and your account will be debited. You will receive further information during the ordering process.

Amazon Pay
In the ordering process, you will be redirected to the website of the online provider Amazon before completing the ordering process in our online shop. In order to be able to complete the ordering process and pay the invoice amount via Amazon, you must be registered there or first register and legitimize with your access data. There you can select the delivery address and payment method stored at Amazon, confirm the use of your data by Amazon and the payment instruction to us. You will then be redirected to our online shop where you can complete the ordering process. Immediately after sending the goods, we ask Amazon to initiate the payment transaction. The payment transaction is carried out automatically by Amazon. You will receive further information during the ordering process.

Invoice
You pay the invoice amount after receipt of the goods and the invoice by transfer to our bank account. We reserve the right to only offer purchase on account after a successful credit check.

6. Right of withdrawal

Consumers have the statutory right of withdrawal, as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of withdrawal.

7. Retention of title

The goods remain our property until they have been paid for in full. The following also applies to entrepreneurs: We reserve title to the goods until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; You assign all claims arising from this resale – regardless of a connection or mixing of the reserved goods with a new item - in the amount of the invoice amount to us in advance, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations.

8. Damage in transit

The following applies to consumers: If goods are delivered with obvious transport damage, please report such errors to the delivery agent as soon as possible and please contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.

The following applies to entrepreneurs: The risk of accidental loss and accidentalAny deterioration passes to you as soon as we have delivered the item to the forwarding agent, the freight carrier or the person or institution otherwise responsible for carrying out the shipment. Among merchants, in § 377 HGB regulated obligation to examine and report. If you omit the notification regulated there, the goods are deemed to have been approved, unless there is a defect that was not recognizable during the inspection. This does not apply if we have fraudulently concealed a defect.

9. Warranty and Guarantees

Unless otherwise expressly agreed below, the statutory right to liability for defects shall apply.
When consumers buy used goods, the following applies: if the defect occurs after one year from delivery of the goods, claims for defects are excluded. Defects that occur within one year of delivery of the goods can be asserted within the statutory limitation period of two years from delivery of the goods.
For entrepreneurs, the limitation period for claims for defects in newly manufactured items is one year from the passing of risk. The sale of used goods takes place without any guarantee. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.
With regard to entrepreneurs, only our own information and the product descriptions of the manufacturer, which were included in the contract, apply as an agreement on the quality of the goods; We assume no liability for public statements by the manufacturer or other advertising statements.
If the delivered item is defective, we initially provide a warranty to entrepreneurs, at our discretion, by eliminating the defect (repair) or by delivering a defect-free item (replacement delivery).
The above restrictions and reductions in time do not apply to claims based on damage caused by us, our legal representatives or vicarious agents
• in the event of injury to life, limb or health
• in the event of intentional or grossly negligent breach of duty and fraudulent intent
• in the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
• as part of a guarantee promise, if agreed, or
• as far as the area of ​​application of the Product Liability Act is open.
Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.

10. Liability

We are always fully liable for claims based on damage caused by us, our legal representatives or vicarious agents
• in the event of injury to life, limb or health
• in the event of intentional or grossly negligent breach of duty
• in the event of a promise of guarantee, if agreed, or
• as far as the area of ​​application of the Product Liability Act is open.
In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner regularly ;ig may trust, (cardinal obligations) due to slight negligence on the part of us, our legal representatives or vicarious agents, the amount of liability is limited to the damage foreseeable at the time the contract was concluded, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.

11. Dispute Resolution

The European Commission provides a platform for online dispute resolution (OS), which you can find here< /a> find. We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

Terms and Conditions created with rechtstexter.de.