§ 1 Areas of Validity
For this business transaction between J. Hummel KG and the customer - and for any further transactions, the following general terms of business apply. Any deviations from these terms of agreement will not be accepted by J. Hummel KG, unless J. Hummel KG agrees to the deviations in writing.
§ 2 Contract and Withdrawal
J. Hummel KG is obliged to accept the customer's order according to the terms of the website. In the case of typing errors or misprints an the website, J. Hummel KG retains the right to withdraw from the contract. All special offers are without obligation.
§ 3 Delivery
Unless otherwise stipulated, the delivery will be sent from the warehouse to the address given on the order form. The customer is responsible for the product from the moment it has left the J. Hummel KG factory, even in the event of partial delivery. Statements referring to length of delivery time are not binding, unless the buyer has a written guarantee of a specific delivery date. Goods can be exchanged within fourteen days, as long as the postage is prepaid and the original packaging has not been damaged. Approximate delivery times are as follows:
- within Germany - about one week
- within Europe - about two weeks
- overseas - about three to four weeks
Please stat on the order form if a partial delivery is still to be sent, even if some items are no longer available.
The prices include all taxes. Delivery outside Europe is also postage free, but with no tax returns possible, as long as regular land and sea delivery is chosen. Extra charges for air mail or air freight will be passed on to the buyer, as well as customs and import duties.
§ 4 Settlement date, payment and delay
Payment is due at the tame of placing the order. The customer may pay using a credit card (Mastercard, Visa or Eurocard), check, C.O.D. or a debit card. In the case of default J. Hummel KG has the right to demand interest paid on arrears up to 4 % higher than the basic interest required by the Deutsche Bundesbank. Should it be verifiable that J. Hummel KG has suffered more financial damages, J. Hummel KG reserves the right to demand the payment of these costs as well. Should a bank debit not be carried out or be returned, the customer will authorize his bank to inform J. Hummel KG of his name and present whereabouts.
§ 5 Offsetting claims, rights of retention
The customer only has the right to offset his claims against J. Hummel KG, if his demand is legally determined or otherwise recognized by J. Hummel KG, and if the claim is based on the same contract.
§ 6 Claim of Ownership
The goods remain the property of J. Hummel KG until all the outstanding payments by the buyer have been paid.
§ 7 Guarantee in the case of flaws and liability
Should the goods be flawed due to the fault of J. Hummel KG, the firm is obliged to either repair or replace the goods. If J. Hummel KG is not capable or willing to replace or repair the goods within a reasonable period of time due to the company's own fault, or if for some other reason the replacement or repair fails, the buyer has the right to consider the contract null and void or to demand price reduction on the flawed goods. Any further claims by the buyer, insofar as they are not listed here, are unacceptable.
J. Hummel KG is not liable for any damages other than flaws to the products themselves. In particular J. Hummel KG is not liable for loss of profit or diminution of assets on the part of the buyer. These liability limits also apply to the employees, salespersons and assistants of J. Hummel KG. These above mentioned limitations no longer apply, if the cause of damage is based on negligence or intention. Furthermore, the limitation of liability is not valid if the customer makes claims for damages under § 1,4 of the product responsibility law or if he makes claims of non-compliance under §§463,480, Abs.2 BGB (German law). The same applies for initial inability or justifiable impossibility.
Should J. Hummel KG negligently fail to comply to a contract, compensation for goods or persons involved is limited to the standard costs of compensation.
The guarantee's for two years, beginning when the product leaves the J. Hummel KG factory.
If you have any problems, call:
J. Hummel KG, Alfred Hummel (Company Owner)
Berta-Hummel-Straße 2, 84323 Massing, Germany
Tel: ++49 8724 9602-50, Fax: ++49 8724 9602-99
Registergericht AG Landshut, HRA 2032, Ust-Ident-Nr.: DE 127972024
§ 8 Data protection
The personal data of the buyer, necessary for fulfilling the order, will be stored. The buyer gives his consent when confirming the business transaction. All data will be dealt with confidentially.
§ 9 Applied law and court of jurisdiction
The German law will be applied by exclusion of the UN-buying-law, also if the orders will be done in foreign countries or if the products are delivered to foreign countries. The exclusive court of jurisdiction for all demands concerning the business-connection is Landshut, the place of fulfilment is Massing. J. Hummel KG is entitled to proceed in the customers general court of jurisdiction.
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