Terms of Business
§ 1 Contractual Scope(1) The following terms of business apply for all services, which are provided to the customer by NHP Hanse Distribution GmbH, Stahltwiete 16, 22761 Hamburg, Germany. Differing, contrary or complementary regulations do not become part of the contract – even if previously acknowledged – except if their acceptance is formally expressed in writing.
§ 2 Range of Products on Offer and Conclusion of the Contract
(1) Our range of products on offer in the SOSOMA Internet shop constitute a noncommittal contract proposal. We reserve the right to make technical modifications as well as modifications in design, colour and/or material.
(2) With the order of merchandise, the customer engages herself/himself to purchase the ordered merchandise.
(3) We are authorised to accept the contract proposal relative to the purchase order within three weeks upon reception of the purchase order. The acceptance can be confirmed to the customer either by email or by delivery. After unsuccessful expiry of the time limit, the contract is to be considered rejected.
(4) The reception of the purchase order is confirmed by us immediately by email. The acknowledgement of receipt does not constitute a binding acceptance of the purchase order. The acknowledgement of receipt may, however, be joined to the declaration of acceptance.
(5) In the event of non-availability, particularly when caused by non-inflicted delivery bottlenecks, acts of nature beyond control, scarcity of raw materials, etc., we reserve the right to refrain from providing the promised merchandise. In such a case, the customer is immediately informed of the non-availability of the merchandise and the purchase price is reimbursed to her/him without delay.
(6) The wording of the contract is not saved by us. However, the customer can permanently save the contract data via the print and save function of his/her internet browser.
§ 3 Prices and Terms of Payment
(1) The purchasing price displayed on the internet pages at the time of purchase is effectual. All our prices contain the statutory purchase tax. When the internet pages are updated, all previous prices and specifications are invalidated.
(2) The merchandise is to be paid in advance. We reserve the right to decide individually whether we accept or reject any other payment methods.
(3) For all advance payments, the customer commits to paying the purchase price within 2 weeks upon reception of the order confirmation.
(4) In the event of delayed payment, the purchasing price is interest-accrued. The interest on arrears amounts to an annual rate of 5 % above the base lending rate. During the period of delay in payment, the customer is liable to answer for any negligence. She/He is also liable for any accidents, except if they had also happened in the case of timely payment.
(5) The customer is only entitled to an offset, if the validity of her/his counterclaims has been legally established or accepted by us. The customer is only allowed to exert the right of retention if her/his counterclaim is based on the same contractual relationship.
§ 4 Delivery and Forwarding Charges
(1) The merchandise is delivered from stock to the delivery address submitted by the customer. Delivery charges are billed as indicated in the purchase order. If the customer desires a particular mode of forwarding, which results in higher cost, she/he will have to cover the additional charge. Due to legal regulations we will have to charge an extra € 30.00 per consignment in addition to the delivery cost for all orders outside the EU.
(2) Deliveries within Germany usually take 10 working days upon reception of the purchase price. Deliveries to other countries generally take longer.
(3) Scheduled terms and dates of delivery are not binding, unless expressly agreed upon by the two parties. Unexpected delays may occur, in particular, when individual adaptations of the merchandise, according to the customer’s desideratum, are performed or when scarcity of raw materials, due to a higher demand, occurs. If unexpected delays occur, due to one of the before mentioned reasons, we will inform you immediately by email.
(4) We are entitled to partial deliveries, if one component of the merchandise is momentarily out of stock. In such an event, the additional charge incurred will be covered by us, at any rate.
§ 5 Risk Assumption/Passing of Risk
The risk of accidental loss or accidental degradation of a sold merchandise devolves to the customer once the merchandise has been handed over. The delivery is considered fulfilled even when the customer is delaying the reception of the merchandise.
§ 6 Retention of Title
(1) We maintain ownership of the delivered merchandise until full settlement of the agreed purchase price.
(2) As long as we are owners of the merchandise, the client is obliged to inform us immediately about any third person having access to the merchandise, for example in the event of distraint or in the case of the merchandise being damaged or lost. A change in ownership of the merchandise or a change of address of the customer herself/himself have to be communicated without delay.
(3) We are entitled to withdraw from the contract or to claim the merchandise back if the customer is acting contrary to the contract, particularly in the case of delay in payment or breach of liability according to subparagraph (2).
§ 7 Revocation Instruction
Right of Revocation You are entitled to revoke your contractual declaration in writing (e.g. by mail, fax, email) within two weeks without specification of any reason. The time limit starts at the earliest upon reception of this instruction. To ensure the adherence to this time limit, the timely posting of the revocation or the merchandise is sufficient. The revocation is to be addressed to:
NHP Hanse Distribution GmbH
Stahltwiete 16
22761 Hamburg
Germany
E-Mail: info@hanse-distribution.com
Consequences of Revocation
In the event of an effective revocation, goods and payments received on both sides are to be returned and if applicable, any benefits (e.g. interests) are to be restituted. If you are only able to partially restitute a received good or return it in a deteriorated condition, you may have to pay compensation for the loss in value. This does not apply if the deterioration has been caused by the examination of the merchandise in the store. By the way, you can avoid having to compensate for the loss in value by not using the merchandise as if you were the owner and by refraining from anything which could affect its value. You have to pay all costs arising from the reconsignment, if the delivered merchandise corresponds to the order and if the price of the returnable merchandise does not exceed € 40 or if, at the time of the revocation, you have failed to comply with a return-service or have not paid a stipulated instalment. Otherwise, the return consignment is exempt from charges for you. Merchandise, which cannot be boxed and sent by mail, will be collected at your address.
Exceptions
The right of revocation is valid if not differently stipulated and if the merchandise has not been crafted according to customer specifications or clearly been tailored to personal requirements.
§ 8 Warranty
The warranty begins on the date of delivery and lasts for a period of two years. The gemstones which we use are natural products. Minor irregularities in the colouring may occur and do not represent a defect of quality.
(2) If the merchandise is faulty, the customer is entitled to a rectification or a replacement, according to her/his choice. However, we have the right to decline the choice of rectification, irrespective of § 275 clause 2 and 3 of the German Civil Code, if the resulting costs of performing the rectification are disproportionately high. Here it is important to consider the value of the merchandise in its normal faultless condition, or reverting to another mean of rectification which would not result in considerable drawbacks on the customer’s behalf; otherwise, the claim of the customer would be restrained to the alternative rectification method; our right to decline both options, according to the terms of clause 2, remains untouched.
(3) If the rectification fails, the customer may demand a payment reduction or a cancellation of the contract. However, if dealing with a minor contrariety to the contract, particularly in the case of insignificant defects, the customer is not allowed to withdraw from the contract.
(4) The customer does not get any legally binding warranties from us.
§ 9 Limitations of Liability
(1) In the event of minor negligent breach of duty, our liability is limited to an average, predictive and contract representative claim in accordance with the type of merchandise. This also applies to minor negligent breaches of duty caused by our legal representatives or other auxiliary persons.
(2) These before mentioned limitations of liability do not affect customer claims resulting from product liability. Furthermore, the limitations of liability do not apply for gross negligent conduct and attributable damages caused to body and health or for the event of the customer’s death.
(3) Stipulated claims for damages are subject to a limitation period of one year after the delivery of the merchandise. This limitation period does not apply for cases of verifiable gross negligence, attributable damages caused to body and health or in the event of the customer’s death.
§ 10 Confidentiality
The customer consents to storage, processing and utilisation of personal data transmitted in the purchase order. The data are kept in confidence and are only used for the purpose of executing the order.
§ 11 Applicable Law and Place of Jurisdiction
(1) The German Law applies for all disputes resulting from this legal relationship, to the exclusion of the United Nations Convention on Contracts for the international sale of goods.
(2) If the customer is the merchant, the court of jurisdiction is the court of the place of business of NHP Hanse Distribution GmbH. The same applies if the customer has no place of general jurisdiction in Germany or if the customer’s place of residence or sojourn at the time of commencement of legal action is unknown.
§ 12 Severability Clause
If constituent stipulations of these terms and conditions are or become ineffective, this will not affect the validity of the remaining stipulations.