Hammerl GmbH & Co. KG, Hauptstrasse 18, D-91083 Baiersdorf, Germany
1. Scope
Your use of the website of Hammerl GmbH & Co. KG and as a result the contractual relationship between you and Hammerl GmbH & Co. KG is governed by the following General Terms of Conditions of Business.
2. Minimum order value
Our minimum order value is €30.
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3 Cancellation information
3.1 Right of cancellation You have the right to cancel your contractual declaration without giving a reason either by notifying us in writing (e.g. letter, fax, e-mail) or by returning the goods within two weeks. This time limit begins once you receive the goods but no earlier than the time this information is received. The timely dispatch of the cancellation notice or the goods is itself sufficient evidence that this time limit was observed. The cancellation should be sent to:
Hammerl GmbH & Co. KG
Hauptstrasse 18
D-91083 Baiersdorf
Germany
Fax +49 9133 5171
E-mail joha@hammerl.com
3.2 Exemptions from the right of cancellation Goods which were produced according to your requirements or which were clearly tailored to your specific needs cannot be returned.
3.3 Legal consequences of a cancellation In the case of an effective cancellation, the goods and services received by both parties must be returned and refunded including any emoluments derived (accrued interest) where applicable. If you are not able to return the goods or services in full or in part or if the condition of the goods has since deteriorated, you are required to provide compensation for lost value to the extent necessary. This does not apply if the deterioration of the goods is solely attributable to the examination of the goods such as the customer might have been able to make in a shop. Otherwise, you can avoid compensation for lost value by refraining from using the goods as an owner would and by refraining from any activity which may diminish the value of the goods.
The right of cancellation does not apply if you are an entrepreneur in the meaning of Section 14 of the German Civil Code (BGB) and in entering into the Agreement exercise a commercial or self-employed activity. |
4. Contractual partners
The Agreement comes into effect with:
Hammerl GmbH & Co. KG
Hauptstrasse 18, D-91083 Baiersdorf, Germany
Telephone + 49 9133 2330,
Fax + 49 9133 5171,
E-mail: info@hammerl.com.
5. Beginning of the effectiveness of the Agreement
The Agreement comes into effect once the order process on the website of Hammerl GmbH & Co. KG has been concluded and an automatic order confirmation has been sent via email by the Hammerl GmbH & Co. KG online shop, or once the order has been performed by Hammerl GmbH & Co. KG.
6. Prices and terms of payment
The prices indicated on the Hammerl GmbH & Co. KG website at the time the order was made shall apply. Prices are shown in euros net of taxes and exclude VAT currently at 19 percent. VAT will be added for all customers in Germany and for all EU customers who are not in possession of a valid EU VAT registration number.
Please specify whether or not you have a valid EU VAT registration number. Customers with an EU VAT registration number are not required to pay German VAT.
If you do not have an EU VAT registration number, we will be required to add the statutory rate of VAT in Germany to the catalogue price.
This regulation only applies to customers from EU member states. VAT does not apply to exports to all other countries.
An additional charge is made for postage and packing.
Hammerl GmbH & Co. KG accepts all payment options offered on the web site of Hammerl GmbH & Co. KG within the order process. The customer chooses his preferred payment option himself.
Mutual claims may only be offset with the expressed written consent of Hammerl GmbH & Co. KG.
6.2 Payment terms
Domestic and EU: Invoices are payable net cash within 14 days.
Other countries: Advanced payment, credit card or by prior arrangement.
6.3 Defaulting on payment
If you default on payment, a service fee of €3 will be charged for each written reminder. In addition, the statutory default interest will be charged from the date on which the customer entered in arrears.
7. Delivery, delivery times and shipping costs
The goods are delivered to the customer by the third party service provider (delivery company) specified during the order process. The customer shall select his preferred delivery option himself. The ordering party will be notified of the shipping costs in the shopping cart before triggering the order process.
Goods currently in stock will be released for delivery on the Tuesday or Thursday following the receipt of the order.
The delivery period for goods which are not currently in stock can be up to four weeks after receipt of the order. The ability of Hammerl GmbH & Co. KG to delivery the goods is contingent upon its suppliers delivering in good time. In the event that the delivery fails due to reasons for which Hammerl GmbH & Co. KG cannot be held accountable, Hammerl GmbH & Co. KG can withdraw from the Agreement. Hammerl GmbH & Co. KG undertakes to notify the customer of this in good time. Any payments that were made will be reimbursed without delay. In this instance, the customer does not have the right to claim compensation for damages.
Partial deliveries are permitted unless the customer has no discernible interest in such or where discernibly partial deliveries cannot reasonably be expected of him. In this case, postage and packing will only be charged once.
If a cardboard box for hazardous materials is required, an additional fee of €8 per box will be charged.
8. Transfer of risk
The delivery of goods takes place at the customer's risk. The risk passes to the customer as soon as the goods are handed over to the customer by the delivery company. The same shall also apply when Hammerl GmbH & Co. KG bears the shipping costs. The customer must submit any complaints against the delivery company due to damages in transit (e.g. packing was damaged when receiving the goods) within the time limits specified for this purpose.
9. Reservation of title
All deliveries occur under retention of title. The delivered goods remain the property of Hammerl GmbH & Co. KG until the purchase price is paid in full.
10. Right to make changes
Please note that the prices for resins and coloured resins are subject to price fluctuations. For this reason the valid daily prices are always charged.
11. Data protection
11.1 Personal data
Personal data is information about your identity: Name, address, postal and delivery address, telephone number, e-mail address, credit card data and bank details.
We will only store your personal data to the extent where this is required to handle and process your order. We will not pass on your personal data to third parties.
You are entitled to veto the storage of your credit card data or bank information by us at any time if you are not happy with this.
Nevertheless, data may be exchanged with service enterprises and the German central credit reference agency (Schufa) for credit checking purposes. In doing so we will always consider your legitimate interests.
If you make use of other services of ours which are not related to an order (e.g. when subscribing to our newsletter) we require your consent before we can store your data. Your consent will be especially requested and you will be entitled to view the data we have stored at any time and can withdraw your consent at any time.
11.2 Anonymised data
In addition, each time you visit our website data may also be stored on our server concerning the visit (date, time, viewed pages). Such data is not considered personal data but exists in anonymised form. Such data is evaluated by us for solely statistical purposes.
11.3 Cookies
Cookies are used on certain pages without us being to able to notify you. Most web browsers are configured to accept cookies automatically. However, you can deactivate the automatic saving of cookies or configure your browser to notify you as soon as cookies are sent. The saved data is deleted as soon as you leave our website.
12. Place of jurisdiction
If you are a merchant, a legal person of public law or separate fund under public law, the place of jurisdiction is D-91052 Erlangen. This agreement shall be governed exclusively by the law of the Federal Republic of Germany. The United Nations Conventions on Contracts for the International Sale of Goods shall not apply.
In the event that a provision of this Agreement becomes ineffective, this shall not affect the effectiveness of the remaining Agreement.
13. Obligation to label
The importer of our goods is responsible for ensuring that the goods are labelled in accordance with the regulations on hazardous materials valid in his country. Our labels only relate to German law.
14. Safety instructions
Keep varnishes away from heat and fire and ensure good ventilation. Take measures to avoid fume inhalation. Avoid skin and eye contact.
Please transfer the contents of spirit varnishes and varnishes with a propolis additive into glass bottles after taking delivery. Due to shipping regulations we are required to ship the varnishes in metal containers.