General terms and conditions and customer information

General Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 Basic Provisions

(1) The following terms and conditions apply to contracts that you conclude with us as the provider (Hammer & Kröger GbR) via the website www.hautoo.de. Unless otherwise agreed, the inclusion of any terms and conditions of your own that you may use is expressly rejected.

(2) A consumer within the meaning of the following regulations is any natural person who enters into a legal transaction for purposes that are predominantly outside their commercial or self-employed professional activity. An entrepreneur is any natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

§ 2 Conclusion of the Contract

(1) The subject of the contract is the sale of goods.

(2) By listing the respective product on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description.

(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart." You can access the "shopping cart" at any time via the corresponding button in the navigation bar and make changes there.
After clicking the "checkout" or "proceed to order" button (or similarly labeled), and entering your personal data as well as the payment and shipping terms, you will be shown a final order summary.

If you use an instant payment system (e.g., PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay), you will either be directed to the order overview page in our online shop or to the website of the instant payment system provider.
If redirected to the respective instant payment system, you will enter your data and make your selections there. Finally, you will be shown the order data again on the payment provider’s website or after being redirected back to our online shop.

Before submitting the order, you will have the opportunity to review and change the order details (also using the "back" function of your internet browser) or cancel the order entirely.
By submitting the order via the appropriate button ("place binding order," "buy now," "complete purchase," "pay now," or similarly labeled), you legally accept the offer, and the contract is thus concluded.

(4) Your inquiries for the preparation of an offer are non-binding. We will send you a binding offer in text form (e.g., by email), which you may accept within 5 days (unless a different period is specified in the offer).

(5) Order processing and the transmission of all information required in connection with the contract are partially automated via email. You must therefore ensure that the email address you provided is accurate and that receipt of emails is technically ensured, especially not blocked by spam filters.

§ 3 Special Agreements on Offered Payment Methods

(1) Payment via Klarna
In cooperation with the payment service provider Klarna Bank AB (publ) (Sveavägen 46, 111 34 Stockholm, Sweden; “Klarna”), we offer the following payment options. Payment is made to Klarna:

The use of the payment options invoice and/or installment purchase and/or direct debit requires a positive credit check. In this respect, we forward your data to Klarna within the scope of contract initiation and execution for the purpose of address and credit assessment. Please understand that we can only offer you the payment methods that are permitted based on the credit check results.

Further information about Klarna and Klarna’s terms of use for Germany can be found at:
https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/user
and https://www.klarna.com/de/

(2) Payment via "PayPal" / "PayPal Checkout"
If you select a payment method offered via "PayPal" / "PayPal Checkout," payment processing will be carried out by the payment service provider PayPal (Europe) S.à.rl et Cie, SCA (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" will be displayed to you under a correspondingly labeled button on our website and during the online ordering process. "PayPal" may use other payment services for payment processing; if special payment terms apply, you will be informed separately. Further information about "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full .

(3) Payment via "Stripe"
If you select a payment method offered by "Stripe," payment processing will be carried out by the payment service provider Stripe Payments Europe Limited (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland; "Stripe"). The individual payment methods via "Stripe" will be displayed to you under a correspondingly labeled button on our website and during the online ordering process. "Stripe" may use other payment services for payment processing; if special payment terms apply, you will be informed separately. Further information about "Stripe" can be found at https://stripe.com/de .

§ 4 Right of retention , retention of title

(1) You may only exercise a right of retention if the claims arise from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

§ 5 Warranty

(1) The statutory liability for defects applies.

(2) As a consumer, you are requested to inspect the goods immediately upon delivery for completeness, obvious defects, and transport damage, and to notify us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty claims.

(3) If a feature of the goods deviates from the objective requirements, the deviation shall only be deemed to have been agreed if you were informed of this by us before the contractual declaration was made and the deviation was expressly and separately agreed between the contracting parties.

§ 6 Choice of law

(1) German law shall apply. For consumers, this choice of law shall apply only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the country of the consumer's habitual residence (favorability principle).

(2) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.




II. Customer information

 1. Identity of the seller

Hammer & Kröger GbR
Egerländer Str. 11
82024 Taufkirchen
Germany
Phone: +4980318873821
Email: shop@hautoo.de


Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https://ec.europa.eu/odr .

We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.

2. Information on the conclusion of the contract

The technical steps for concluding the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions "Conclusion of the contract" of our General Terms and Conditions (Part I).

3. Contract language, contract text storage

3.1. The contract language is German .

3.2. We do not save the complete contract text. Before submitting the order via the online shopping cart system, the contract data can be printed out using the browser's print function or saved electronically. After we receive the order, the order data, the legally required information for distance selling contracts, and the General Terms and Conditions will be sent to you again via email.

3.3. For inquiries outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g. by email, which you can print out or save electronically.

4. Codes of Conduct

4.1. We have submitted to the quality criteria of Trusted Shops GmbH, available at: https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf

5. Essential characteristics of the goods or services

The essential characteristics of the goods and/or services can be found in the respective offer.

6. Prices and payment terms

6.1. The prices and shipping costs stated in the respective offers represent total prices. They include all price components, including all applicable taxes.

6.2. There are no shipping costs.

6.3. Any costs incurred for the transfer of money (transfer or exchange rate fees charged by credit institutions) shall be borne by you in cases where the delivery takes place in an EU member state but the payment was made outside the European Union.

6.4. The payment methods available to you are indicated under a correspondingly labelled button on our website or in the respective offer.

6.5 Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.

7. Delivery conditions

7.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly labelled button on our website or in the respective offer.

7.2. If you are a consumer, the law stipulates that the risk of accidental loss or accidental deterioration of the sold item during shipment only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not designated by the entrepreneur or another person designated to carry out the shipment.

8. Statutory liability for defects

Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).

These terms and conditions and customer information were prepared by the lawyers of the Händlerbund, who specialize in IT law, and are continuously reviewed for legal compliance. Händlerbund Management AG guarantees the legal certainty of the texts and assumes liability in the event of warnings. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service .

last updated: 22.10.2024