AGB

Terms of Service


1. General

These terms and conditions apply to all contracts, deliveries and other services involving the company Jürgen Huss Räucherkerzenherstellung, Gewerbegebiet 11, 09465 Sehmatal-Neudorf (hereafter named ``The Seller``), concerning the Onlineshop http://www.huss-weihrichkarzle.de and all other sub-domains belonging to it. Should there be any contradiction due to the inclusion of the customer’s own conditions, this shall have been authorised by The Seller.  

2. Conclusion of Contracts

(1) The Seller provides customers with new goods, specifically incense cones and associated accessories via the Onlineshop http://www.huss-weihrichkarzle.de

(2) By means of a mouseclick on the button “Add to Cart”, the customer can place a selected product in the cart in a non-binding way. The contents of the cart can at any time be removed by clicking on the link “Cart” and then clicking onto “Remove Item” or clicking the link “Empty Card”. Purchase of the products in the cart is enacted by clicking on the button “Checkout” or “Proceed to Checkout”.  After entry of personal data – mandatory fields are marked with a “*” - the conditions of payment and delivery and all references are finally displayed on the order summary page. At this point, the customer has the opportunity to check all the details again and can change anything by simply clicking on “Back”. The ordering process can be interrupted at any time by closing the browser window. By clicking on “Place Order”, the customer makes a legally binding purchase offer.   

(3) The purchase contract is concluded on the acceptance of the customer`s order by The Seller. Price marking in the online shop does not constitute an offer in the legal sense. The receipt and acceptance of the order shall be confirmed to the customer by e-mail.

(4) The contract will be filed. The general terms and conditions (T & C) can be viewed at any time by the customer on this page. The order information and the terms and conditions are sent to the customer via email. After the order has been made, the order data is no longer accessible over the internet.

3. Prices, Minimum Order Value, Delivery Costs and Payment

(1) All prices, including VAT, postage and packing costs shall be communicated to the customer before the order is made. The price of shipping depends on the weight and dimensions of the desired goods as well as their intended destination. See: http://www.huss-weihrichkarzle.de/en/lieferung/

(2) The minimum order value (value of goods) in our online shop is 15.00 €.

(3) Payment to The Seller for deliveries to the customer can take one of the following forms: Payment in advance ( by bank transfer, per PayPal, credit card payment, sofortüberweisung.de),cash and debit. In some cases, The Seller reserves the right to exclude certain types of payment. For the settlement of payments by bank transfer, PayPal, credit cards and debits, The Seller has commissioned a payment service Novalnet AG. See: http://www.huss-weihrichkarzle.de/en/lieferung/

If the customer chooses to pay in advance by bank transfer, payment is due no later than seven calendar days after the contract has been concluded. If payment is made by cash, the purchase price and shipping fees for delivery are to be paid upon presentation of the delivery note by the contracted delivery company. When paying by credit card or direct debit, the customer’s account shall be debited within one working day.

(4) If a customer has payments in arrears, The Seller may claim damages under statutory provisions and/or withdraw from the contract.
 
(5) The Seller always provides the customer with an invoice, which shall be handed to him upon delivery of the goods or sent in text form.

4. Delivery and Transfer Risk

(1) The ordered goods, unless contractually agreed otherwise, shall be delivered to the address specified by the customer. Delivery shall be from The Seller`s warehouse.

(2) We deliver to the following countries: Belgium, Denmark, Germany, Finland, France, Greece, Great Britain, Ireland, Luxembourg, Holland, Norway, Austria, Poland, Portugal, Sweden, Switzerland, Spain, Czech Republic, USA.
 
(3) Goods in stock, unless otherwise explicitly stated, are shipped by The Seller within 5 business days of concluding contracts (payment in advance by bank transfer: within 5 working days after receipt of payment).

(4) The Seller reserves the right to make a partial delivery if this is likely to enable speedy settlement, as long as this is acceptable to the customer. In any case, no extra charges are incurred by the customer.

(5) The risk of accidental loss and accidental deterioration passes with the handing over to the customer. If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods and the risk of delay is passed onto the courier, freight carrier or other such person commissioned to undertake the delivery.

5. Reservation of Proprietary Rights

The delivered goods remain the property of The Seller until such a time that all claims arising from the contract have been fulfilled. This shall hold even if the customer is a legal entity under public law, a special assets public body or a business person exercising his commercial or professional duties.

6. Right of Retention

To exercise the right of retention, a customer`s counterclaim is only valid if it is based on the same contract.

7. Warranties and Liability

(1) If there are defects, the customer has access to the provisions of the following statutory rights of warranty.
If the contract is solely between businesspeople, the additional paragraphs §§ 377 ff. HGB are appropriate.

(2) Damage to the goods as a result of improper use by the customer do not justify any warranty claim against The Seller.
For the correct treatment of the goods, the customer can refer to the manufacturer`s instructions

(3) Defects must be notified to The Seller by the customer within a warranty period of two years for new goods and one year for used goods.
For businesses, the warranty period is one year for new items and for used goods, the warranty is excluded
The above limitations do not apply if The Seller has fraudulently concealed a defect or has provided a guarantee for the quality of the goods. The above limitations also do not apply for damages claims made by customers who seek compensation for damage to their body or health caused by defects attributable to The Seller or which are based on gross negligence by The Seller or his agents.
 
(4) If there are defects and they are registered within the time allowed, The Seller is obligated to subsequent performance. If the remedy fails, the customer is entitled to a reduced  purchase price or can rescind the contract. Otherwise the statutory provisions apply.

(5) Outside of liability for material and legal defects, The Seller is fully liable if the damage is caused by intent or gross negligence. He is also liable for the negligent breach of essential duties (obligations, which endanger the purpose of the contract) as well as the violation of cardinal obligations (obligations, the fulfillment of which renders a correct execution of the contract and on whose observance the customer regularly relies), but only for the foreseeable typical damage. The Seller is not liable for a slightly negligent breach other than the afore-mentioned obligations.

(6) The limitations of the preceding paragraph shall not apply to injury to life, limb and health for a defect which has been fraudulently concealed behind a guarantee for the quality of the product. Liability under the Product Liability Act remains unaffected.

(7) If The Seller's liability is excluded or limited, this also applies for the personal liability of employees, representatives and agents.

8. Data Protection

(1) The customer acknowledges and agrees to the fact that the personal data necessary for the processing of the order will be stored by the seller on data carriers. The customer expressly agrees to the collection, processing and use of his personal data. The personal data stored will be treated confidentially by The Seller.The collection, processing and use of personal data of the customer is carried out in compliance with the German Federal Data Protection Act (BDSG) and the Telemedia Act (TMG).

(2) It may be necessary to pass on the personal data of customers to companies commissioned by the seller to provide a service or to assist in the execution of the contract  such as a transportation company. The customer acknowledges and agrees to the fact that The Seller passes on personally identifiable data to the Novalnet AG for making payments.  Novalnet AG is likely to pass this on to various credit institutes and banks involved in the process of settling transactions. Apart from these institutions, no other Third Party is involved

(3) The customer has the right to withdraw consent at any time with full effect for the future. In this case, The Seller is obliged to immediately delete the personal data of customers. .

9. Contract Language, Governing Law and Jurisdiction

(1) The contract language is english.

(2) The law of the Federal Republic of Germany shall be applied. The protection granted to consumers by this choice of law shall apply and shall not be restricted by the laws of the land the customer is resident in. The application of the CISG is excluded.

(3) The jurisdiction is Chemnitz. The above applies if the customer is a merchant, a legal entity under public law or a public-law special fund. The same applies if a customer, during the time of legal proceedings has no general jurisdiction in Germany or their domicile or habitual residence are not known.


Cancellation

Withdrawal

You have the right to withdraw from this contract without having to give a reason, within fourteen days.
The withdrawal period is fourteen days from the date that you, or an elected representative (who is not a carrier) have taken possession of the final goods.

To exercise your right, you must inform us, (Firma Jürgen Huss Räucherkerzen-herstellung, Inh.: Jürgen Huss, Gewerbegebiet 11, 09465 Sehmatal-Neudorf, Tel.: +49 (0)37342 8809 0, Fax: +49 (0)37342 8809 18, E-Mail: info@juergen-huss.de) (by letter,e-mail or fax) with a clear explanation of your decision to withdraw from this contract. You can use the attached Withdrawal Form if you wish, but it is not mandatory.

To meet the withdrawal deadline, it is sufficient that you send your communication before the withdrawal period.

Effects of Withdrawal

If you withdraw from this contract, we have to repay you all payments that we have received from you, including the costs of delivery without delay, at the latest within fourteen days from the date on which the notification of your cancellation of your contract with us was received. Any additional costs incurred by some special delivery, over and above what is deemed ``usual`` shall not be reimbursed. For this repayment, we use the same method of payment that you used in the original transaction, unless you have specifically requested some alternative. On no account will you be charged any fees for this repayment. However, we reserve the right to withhold reimbursement until either we have received the returned goods back or until you have proved that you have returned the goods, whichever is the earlier.

You have to return the goods immediately and in any event not later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the deadline of a fortnight. You bear the direct cost of returning the goods.

You only need to pay for any diminished value of the goods, if, upon examination, this detrioration in the quality and functioning of the goods can be proven to have arisen from inappropriate use.

Model withdrawal form

If you want to cancel the contract, then please fill out this form and send it back to us.

To:
Firma Jürgen Huss Räucherkerzen-herstellung, Inh.: Jürgen Huss
Gewerbegebiet 11
09465 Sehmatal-Neudorf
Fax: +49 (0)37342 8809 18
E-Mail: info@juergen-huss.de

I / We (*) hereby give notice (s) that I / We (*) withdraw from my / our (*) contract entered into for the purchase of the following products (*) / provision of the following services (*):



Ordered on (*) / received on (*):

Name of customer:
 
Address of customer:
 
Customer’s signature (only when written on paper)



Date:


_______________________
(*) Delete what is not applicable.