Terms and Conditions and Customer Information

Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 Fundamental Provisions

(1) The following terms and conditions apply to contracts you conclude with us as the provider (Kevin Kemink) via the website heufresser.myshopify.com. Unless otherwise agreed, the inclusion of any of your own terms and conditions is hereby objected to.

(2) For the purposes of the following provisions, a consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor attributable to their independent professional activity. An entrepreneur is any natural or legal person or a legal partnership that acts in the exercise of its independent professional or commercial activity when concluding a legal transaction.

§ 2 Conclusion of the Contract

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

(2) By posting 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" via the corresponding button in the navigation bar and make changes there at any time.
After clicking the "Checkout" or "Proceed to order"
  (or similar designation) button and entering your personal data as well as the payment and shipping conditions, the order data will finally be displayed as an order overview.

If you use an instant payment system (e.g., PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as a payment method, 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 you are redirected to the respective instant payment system, you will make the corresponding selection or entry of your data there. Finally, the order data will be displayed as an order overview on the website of the instant payment system provider or after you have been redirected back to our online shop.


Before submitting the order, you have the option to review the information in the order overview again, change it (also by using the "back" function of your internet browser) or cancel the order.
By submitting the order via the corresponding button ("order with obligation to pay", "buy" / "buy now", "order for a fee", "pay" / "pay now" or similar designation), you declare your legally binding acceptance of the offer, whereby the contract is concluded.
 
(4) Your inquiries for an offer are non-binding for you. We will make you a binding offer in text form (e.g., by e-mail), which you can accept within 5 days (unless a different deadline is specified in the respective offer).

(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract are partly automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, is not prevented by SPAM filters.

§ 3 Individually Designed Goods

(1) You provide us with the appropriate information, texts or files required for the individual design of the goods via the online ordering system or by e-mail immediately after the conclusion of the contract at the latest. Any specifications from us regarding file formats must be observed.
 

(2) You undertake not to transmit any data whose content infringes the rights of third parties (in particular copyrights, name rights, trademark rights) or violates existing laws. You expressly indemnify us against all claims asserted by third parties in this context. This also applies to the costs of the necessary legal representation in this context.
 

(3) We do not check the transmitted data for factual correctness and therefore assume no liability for errors.

§ 4 Conclusion of Contract for Courses

(1) The subject of the contract is the execution of courses.
By posting the respective course offer 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 respective course description.


(2) The contract is concluded via the online shopping cart system as follows:
The courses to be booked are placed in the "shopping cart". You can access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After clicking the "Checkout" or "Proceed to order" (or similar designation) button and entering your personal data as well as the payment conditions, the order data will finally be displayed as an order overview.


If you use an instant payment system (e.g., PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as a payment method, 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 you are redirected to the respective instant payment system, you will make the corresponding selection or entry of your data there. Finally, the order data will be displayed as an order overview on the website of the instant payment system provider or after you have been redirected back to our online shop.


Before submitting the order, you have the opportunity to review, change (also via the "back" function of your internet browser) or cancel the information in the order overview.
By submitting the order via the corresponding button,
you legally bind yourself to accept the offer, thereby concluding the contract.

(3) Your inquiries for an offer are non-binding for you. We will make you a binding offer in text form (e.g., by e-mail), which you can accept within 5 days (unless a different deadline is specified in the respective offer).

(4) The processing of the order and the transmission of all information required in connection with the conclusion of the contract are partly automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, is not prevented by SPAM filters.

§ 5 Provision of Services for Courses

(1) The courses will be conducted in the form described in the respective offers on the agreed dates.

(2) Insofar as the execution of the courses depends on the number of participants, the minimum number of participants is derived from the respective offer.
If the minimum number of participants is not reached, we will inform you in text form (e.g., by e-mail) at least 7 days before the start of the course that the booked course will not take place. Any services already rendered will be refunded immediately in this case.

(3) In the event of cancellation of a single event due to the short-term absence of the course instructor due to illness or for any other important reason, the services already rendered will be refunded immediately.
For events consisting of several event dates, if a date is cancelled due to the short-term absence of the course instructor due to illness or for any other important reason, the cancelled date will be rescheduled for a substitute date.

(4) In connection with the use of course rooms and objects, you must observe the house rules available on site. You must adhere to our instructions and/or the instructions of the course instructor.


§ 6 Substitute Participant

You can name a substitute participant at any time before the start of the course. There are no costs for this rebooking.

§ 7 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 in each case:
  • Direct Debit ("Pay Now")
  • Credit Card ("Pay Now")
  • Instant Bank Transfer ("Pay Now")
The use of the invoice and/or installment purchase and/or direct debit payment methods requires a positive credit assessment. In this respect, we transmit your data to Klarna for the purpose of address and credit assessment within the framework of initiating and processing the purchase contract. Please understand that we can only offer you those payment methods that are permissible based on the results of the credit assessment.

Further information on Klarna and the Klarna 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/.

Further information on Klarna and the Klarna terms of use for Austria can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/user and https://www.klarna.com/at/.
 
(2) SEPA Direct Debit 
When paying by SEPA Direct Debit, you authorize us to collect the invoice amount from the specified account by issuing a corresponding SEPA mandate.


The direct debit will be collected within 5-15 days after conclusion of the contract.

The deadline for the transmission of the pre-notification is shortened to 5 days before the due date. You are obliged to ensure sufficient funds in the account by the due date. In the event of a returned direct debit due to your fault, you shall bear the resulting bank charges.

§ 8 Right of Retention, Retention of Title

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

(2) The goods remain our property until full payment of the purchase price.

(3) If you are an entrepreneur, the following also applies:

a) We reserve title to the goods until all claims from the current business relationship have been fully settled. Pledging or transfer of ownership by way of security of the reserved goods is not permitted before the transfer of ownership.

b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount arising from the resale, and we accept the assignment. You remain authorized to collect the claims. However, if you do not properly meet your payment obligations, we reserve the right to collect the claims ourselves.

c) In the event of combination or mixing of the reserved goods, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.

d) We undertake to release the securities due to us at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. We are responsible for selecting the securities to be released.


§ 9 Warranty

(1) The statutory defect liability rights apply.

(2) As a consumer, you are requested to check 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) Insofar as a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed agreed if you were informed of it by us before submitting your contractual declaration and the deviation was expressly and separately agreed upon between the contracting parties.

(4) If you are an entrepreneur, the following applies, deviating from the foregoing warranty regulations:

a)  Only our own information and the manufacturer's product description shall be deemed agreed as the quality of the goods, but not other advertising, public promotions, and statements by the manufacturer.

b)  In the event of defects, we shall provide warranty, at our discretion, by repair or replacement delivery. If the repair fails, you may, at your option, demand a reduction in price or withdraw from the contract. The defect remediation shall be deemed to have failed after the second unsuccessful attempt, unless the nature of the goods or the defect or other circumstances indicate otherwise. In the case of repair, we do not have to bear the increased costs incurred by moving the goods to a location other than the place of performance, unless the move corresponds to the intended use of the goods.

c)  The warranty period is one year from the delivery of the goods. The shortening of the period does not apply:


- for culpably caused damages attributable to us from injury to life, body or health and for other damages caused intentionally or by gross negligence;
- if we have fraudulently concealed the defect or have given a guarantee for the quality of the item;
- for items that have been used for a building in accordance with their usual purpose and have caused its defectiveness;
- for statutory rights of recourse that you have against us in connection with defect rights.

§ 10 Choice of Law

(1) German law applies. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn thereby (principle of favorability).

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





II. Customer Information

1. Identity of the Seller

Kevin Kemink
Brinkstegge 25
46395 Bocholt
Germany
Phone: 017624673323
Email: info@heufresser.com



We are not willing and not 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 regulations "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 store the complete contract text. Before submitting the order via the online shopping cart system, the contract data can be printed out or electronically saved using the browser's print function. After receipt of the order by us, the order data, the legally required information for distance contracts, and the General Terms and Conditions will be sent to you again by e-mail.

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

4. Essential Characteristics of the Goods or Service

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

5. Prices and Payment Terms

5.1. The prices quoted in the respective offers and the shipping costs constitute total prices. They include all price components, including all applicable taxes.

5.2. The incurred shipping costs are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer, will be shown separately during the ordering process, and must be borne by you in addition, unless free shipping is promised.

5.3. If delivery is made to countries outside the European Union, further costs may arise for which we are not responsible, such as customs duties, taxes, or money transfer fees (bank transfer or exchange rate fees of credit institutions), which you must bear.

5.4. Incurred costs for money transfers (bank transfer or exchange rate fees of credit institutions) must be borne by you in cases where delivery is made to an EU member state, but payment was initiated outside the European Union.

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

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

5.7. Unless otherwise agreed, payment for booked courses must be made at the latest on the course date on-site before the start of the course; otherwise, there is no right to participate.

6. Delivery Conditions

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

6.2. If you are a consumer, it is legally stipulated that the risk of accidental loss and 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 named by the entrepreneur or another person designated to carry out the shipment.

If you are an entrepreneur, delivery and shipment are at your risk.

7. Statutory Defect Liability Law

The defect liability is governed by the "Warranty" regulation in our General Terms and Conditions (Part I).

These General Terms and Conditions and customer information were created by the lawyers of Händlerbund specializing in IT law and are constantly checked for legal compliance. 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/de/leistungen/rechtssicherheit/agb-service.