Terms and conditions Hanse Shop
§ 1 Scope of application
- These general terms and conditions (“T&C”) shall apply in their currently valid form at the time of ordering for all contracts a user (hereinafter called “client”) concludes with boatoon GmbH (hereinafter called “boatoon”) with regard to goods displayed by boatoon in the “boatoon.com” online shop.
- These T&C are an integral part of every concluded agreement unless agreed otherwise. This shall also apply to future trade relations with the client without it being necessary to specifically include them.
- Terms and conditions of the client that deviate from these T&C as well as amendments and supplements shall only apply as far as they have been approved in writing by boatoon. This shall also apply if no explicit objection has been raised against the terms of business and/or delivery of the client.
§ 2 Contracting partner
Unless explicitly stated otherwise, sales contracts submitted by the client within the context of these T&C shall be concluded with boatoon GmbH.
Am Pichelssee 48-50
Berlin Charlottenburg Company Register, no. HRB 126511 B
Tax ID: DE271849041
Managing Director: Torben Knappe, Danilo Klippel
§ 3 Conclusion of contract
- Presentation of the goods in the Shop shall not constitute a binding offer by boatoon to conclude a sales agreement. The client only shall be invited to submit an offer by ordering.
- The client may submit his or her offer via the online order form integrated into the Shop. For this purpose the client may select goods from the offer of the Shop on the website http://hanse.boatoon.com/en/, and may place them in the so-called shopping cart by using the “Add to shopping cart” button. The client shall submit a binding offer to purchase the goods in the shopping cart by using the “Send order” button. The client may view and change the data anytime before submitting the order. The order may only be placed after the client has accepted these terms and conditions of contract.
- boatoon will then send an automatic email confirming receipt to the client listing the order again and which the client may print out using the “Print” option. The automatic conformation of receipt shall not constitute acceptance of the order; it only shall document that the order placed by the client has been received by the vendor. The contract shall be concluded only when boatoon confirms its acceptance in a separately dispatched mail. boatoon shall be entitled to refuse to accept the order.
- boatoon shall store the order data and clients may access this data via the password-protected user account after having placed their order, provided they have chose to save the personal data by creating a user account or being already a registered user of hanse.boatoon.com.
§4 Power of revocation
If you are a consumer acting according to the legal requirements you may revoke your declaration of contract as follows:
1. Right to revoke
You may revoke your declaration of contract within a period of 30 days in text format without giving reasons (e.g. letter, fax, email) or, if the goods are surrendered to you before the deadline, by returning the goods. The deadline shall start at the time you receive this declaration in text form but not before the goods are received by the recipient (in event of recurring delivery of similar items not before the first part of the delivery is received) and also not before we have fulfilled our obligation to inform according to article 246 section 2 in connection with section 1, sub-sections 1.1 and 2 of the Introductory Law to the German Civil Code [“EGBGB”] as well as before accomplishment of our obligations subject to section 312e subsection 1 sentence 1 of the German Civil Code [“BGB”] in connection with article 246 section 3 of the EGBGB. Dispatch of the revocation or item within the set period shall suffice to meet the revocation deadline. The revocation notice shall be addressed to:
Am Pichelssee 48-50
2. Consequences of revocation
If a revocation becomes effective the goods or services received by both parties shall be returned and, if applicable, utilization reimbursed (e.g. interest). If you cannot return the received goods or service to us in full or in parts or can only return it in a worsened condition you may have to provide compensation for lost value. This shall not apply to surrendered goods when the degradation is due exclusively to its examination as it would have been possible in a shop. Moreover, you may avoid being held liable for any degradation of the item by using it as if it were your own property and by avoiding anything that may impair its value. You shall bear the return postage costs.
Obligations to refund payments must be met within a period of 14 days. The period of grace shall begin at the time you dispatch your notice of revocation or the item, and for us with its receipt.
End of the revocation notice.
§ 5 Exclusion of right to cancellation
The right to cancellation shall be excluded for clients who are corporations according to article 14 of the German Civil Code ["BGB”] and who are not consumers according to article 13 of the German Civil Code [“BGB”]. The right to cancellation shall not apply to telesales agreements:
- for the delivery of goods prepared according to customer specifications or that have specially been customized or, are not suitable for return postage due to their condition or which may degrade quickly or where the date of expiry has passed;
- for delivery of audio and video recordings or of software insofar as the seal of the provided data carrier has been broken by the consumer;
- for the provision of newspapers and magazines, unless the consumer has agreed to the contract by telephone.
§ 6 Prices
The prices valid on the day of ordering shall apply. All stated prices are end prices, i.e. they include all price components, including the currently applicable value added tax (sales tax). Additional prices for postage and packaging shall be stated separately.
§ 7 Delivery proviso, delivery
- boatoon shall deliver the ordered goods, provided they are in stock.
- boatoon shall deliver the goods to the address stated by the customer as soon as possible. Any details regarding the expected time of delivery shall not be binding. In particular cases the time of delivery may be prolonged for a reasonable time. boatoon shall inform the client immediately if the delivery is delayed.
- If delivery to a client should not be possible, e.g. because the client is not available at the stated delivery address although the time of delivery has been announced to the client within reasonable time, the client shall bear the costs for the unsuccessful delivery. This shall not apply if the client is not responsible for the unsuccessful delivery.
- In case that boatoon cannot deliver the goods and if such failure of delivery is not its fault, boatoon shall reserve the right to withdraw from the purchase agreement entered into with the client. The client shall be informed immediately if boatoon is not capable of delivering. This shall not affect the legal rights of the client.
- boatoon shall be entitled to partial delivery. boatoon shall bear any additional shipping costs incurred due to partial delivery.
- Insofar as the client is an entrepreneur according to article 14 of the German Civil Code (who is practicing his commercial or self-dependent professional activity), the risk of accidental loss or accidental deterioration of a direct mail purchase shall transfer to the client as soon as the goods are handed over to a suitable carrier. This shall also apply when boatoon undertakes a partial delivery.
§ 8 Shipping costs
- Shipping within Germany cost EUR 6,90.
- Please be aware that heavy or bulky goods/products and delivery to other countries as named above can entail higher shipping charges. This will be expressly marked within the Productinformation.
- For shipping to countries of the EU other than Germany, we will charge 15 €, to Switzerland and Norway 20 €.
- The goods shall be shipped by post or other express parcel services .
- For orders delivered to Switzerland other tolls, taxes and charges may apply. Information can be found under unter http://xtares.admin.ch.
§ 9 Methods of payment
- The client may choose to pay by wire transfer, PayPal, AmazonPayments or credit card (Mastercard or VISA).
- boatoon shall reserve the right to exclude certain methods of payment or request advance payment in certain cases, particularly if the value of the order is high (€500 or higher).
- When paying with PayPal or credit Card the amount will be charged from the account when finishing the ordering process.
§ 10 Charging/retention
The client shall only be entitled to a counterclaim insofar as his or her claim has been established as final and absolute, is uncontested, and has been approved by boatoon. The client shall only be entitled to withhold insofar as the claims are based on the same contractual agreement.
§ 11 Retention of title
The delivered goods shall remain the property of boatoon until they have been paid for in full. Until then the client shall treat all goods and included materials with good care.
§ 12 Guarantee and liability
- The statutory requirements shall apply if the goods are faulty unless stipulated differently below. If the client is a tradesman he or she may only exercise warranty rights if he or she has complied with his or her obligations to examine the goods and make complaint according to article 377 of the German Commercial Code [“HGB”].
- In event of justified complaints the client shall give notice in writing, which right according to § 437 of the German Civil Code he or she is availing him- or herself of. If such right to choose is not exercised it shall be exercised by boatoon.
- Unless stipulated otherwise below, further claims put forward by the client, for whatever reasons, shall be excluded. In such cases boatoon shall not be liable particularly for damages that have not occurred to the delivered item itself, for lost profits, or for other damages to property of the orderer.
- Insofar as the client is asserting claims for damages caused intentionally or grossly negligently by boatoon, their vicarious agents or representatives, boatoon shall be liable according to the legal requirements. Liability for damages by boatoon shall be limited to foreseeable, typically occurring damage as long as boatoon cannot be found guilty of intentional breach of contract. If boatoon has deliberately breached the contract considerably, boatoon shall be liable according to the legal requirements. Liability for compensation of damages in this case shall be limited to the predictable, typically occurring damage. The liability for deliberate harm to life, physical injury or harm to health shall remain untouched. This shall also apply to the compulsory liability according to the Product Liability Act.
- The statutory period for claims for defects shall be limited to 24 months from receipt of the goods. If the client is a tradesman the limitation period shall be 12 months after transfer of risk (cf. section 7.6).
- In event of a complaint you may contact the boatoon Service Centre at firstname.lastname@example.org or Tel: +49 30 609 899 280. Please do not send back individual parts, components or elements of goods without prior arrangement.
§ 13 Reservation of amendment
- boatoon shall reserve the right to change the services without prior notice if such action serves to improve the goods, does not impair the purpose of the contract, and is reasonable to the client. In case of such product changes only the price the client agreed to in his order will be charged of course.
- If the client is an entrepreneur the reservation of amendment according to section 13.1 also shall apply to customary quantity tolerances or quality tolerances.
§ 14 Data privacy
All regulations regarding data privacy can be found in the privacy notice.
§ 15 Cost coverage agreement
You shall bear the return postage costs if the supplied goods correspond to the ordered goods and if the price for return postage does not exceed EUR 40 or, if the price is higher, if you have not paid the full amount or a contractually agreed instalment at the time of revocation. Otherwise, return postage shall be free-of-charge for you.
§16 Final clause
- Changes and amendments shall be in writing; this shall also apply to cancellation of written form. Oral agreements shall only become effective when they have been confirmed in writing.
- If one or several provisions should become ineffective this shall not affect the effectiveness of the remaining provisions. If a provision should become ineffective the parties shall agree that it be replaced by a regulation that comes closest to the economically intended purpose.
- German law shall apply with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. Berlin shall be place of jurisdiction insofar as this can be agreed effectively. If the client is a tradesman, a legal person according to public law or a special fund under public law the place of jurisdiction for all disputes arising from the contractual obligations between boatoon and the user shall be the registered office of the provider.