I. Terms and Conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to contracts that you conclude with us as the provider (Haus Eulenspiegel GmbH) via the website www.haus-eulenspiegel.de . Unless otherwise agreed, the inclusion of any of your own terms and conditions is contradicted.
(2) A Consumer in the sense of the following regulations is any natural person who concludes a legal transaction for purposes which are not predominantly connected to his commercial or self-employed professional activity. An Entrepreneur is any natural or legal person or a partnership with legal capacity, which concludes legal transcations in exercise of its self-employed professional or commercial activity.
§ 2 Conclusion of contract
(1) The object of the contract is the sale of goods.
(2) With the listing of the respective product on our website we already submit a binding offer to conclude a contract under the specific conditions in the item description.
(3) The contract is concluded via the online shopping cart system:
The chosen goods are stored in the "shopping cart". Via the corresponding button in the navigation bar you can call up the "shopping cart" and make changes there at any time.
After calling up the page "Checkout" and entering the personal data as well as the payment and shipping conditions, all order data are finally displayed again on the order overview page.
If you use an instant payment system as payment method (e.g. PayPal / PayPal Express, Amazon-Payments, Sofort), you will either get to the order overview page in our online shop or you will get to the website of the provider of the instant payment system first.
If you get straight to the instant payment system , you make the appropriate selection and/or input of your data there. Finally, you will be redirected back to our online shop to the order overview page.
Before sending the order you have the possibility to check all data again, to change it (also via the function "back" of the internet browser) or to cancel the purchase.
By sending the order via the button "order with obligation to pay" you declare the legally binding acceptance of the offer, whereby the contract is concluded.
(4) The processing of the order and transmission of all information required in connection with the conclusion of the contract shall be by e-mail. Therefor be sure that the e-mail address given you is correct, that the receipt of e-mails is technically ensured and not prevented by SPAM filters.
§ 3 Right of retention, retention of title
(1) A right of retention is only possible if it concerns claims from the same contractual relationship.
(2) The goods shall remain our property until the price has been paid in full.
§ 4 Warranty
(1) The statutory warranty rights apply.
(2) As a consumer, you are requested to check the item immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as quickly as possible. If you do not comply with this, this will have no effect on your statutory warranty claims.
§ 5 Choice of Law, Place of Performance, Place of Jurisdiction
(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country of the consumer's habitual residence is not thereby withdrawn (principle of favourability).
(2) The place of performance for all services arising from business relations with us and the place of jurisdiction shall be our registered office if you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same shall apply if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is unknown at the time the action is filed. The right to also appeal to the court at another legal place of jurisdiction remains unaffected by this.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
II. Customer information
1. Identity of seller
Haus Eulenspiegel GmbH
Komericher Weg 42-44
Phone: 0241 9161 5520
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at https://ec.europa.eu/odr.
2. Information on the conclusion of contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the possibilities for correction shall be carried out in accordance with the provisions "Conclusion of contract" of our Terms and Conditions (Part I).
3. Contract language, contract text storage
3.1 The language of the contract shall be German.
3.2 The complete contract text is not stored by us. Before sending the order via the online shopping cart system, the contract data can be printed or electronically saved via the browser's print function. After the receipt of your order the order data, the legally prescribed information for distance selling contracts and the General Terms and Conditions will be sent to you again by e-mail.
4 Essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
5. Prices and payment modalities
5.1 The prices as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
5.2 The shipping costs are not included in the purchase price. They can be called up via a button on our website or in the respective offer, are shown separately in the course of the ordering process and have to be payed by you unless delivery free shipping has been promised.
5.3 You have to pay all transfer costs (bank transfer or exchange rate fees) incurred in cases where delivery is made to an EU member state but payment has been made outside the European Union.
5.4 The methods of payment which are available to you are indicated by a button on our website or in the relevant offer.
5.5 Unless otherwise specificated- the payment claims from the concluded contract are immediately due for payment.
6. Terms of delivery
6.1 The delivery conditions, the delivery date as well as any existing delivery restrictions can be found under the specific button on our website or in the respective offer.
6.2 If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the goods sold during shipment shall not pass to you until the goods are handed over to you, irrespective of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person appointed to carry out the shipment.
7. Legal liability for defects
Liability for defects shall be governed by the "Warranty" provision in our Terms and Conditions (Part I).
These General Terms and Conditions and customer information have been prepared by the lawyers of the Dealer Association who specialise in IT law and are permanently checked for legal conformity. The Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. Further information can be found at: https://www.haendlerbund.de/agb-service.
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