General Terms and Conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to all contracts that you as customer close with us as provider (Hangload UG) via the website www.hangload.com. Unless otherwise agreed, the inclusion of which might be used by your own conditions is contradicted. Customer within the meaning of the following rules shall mean any natural person who enters into a transaction for purposes which can be attributed mainly neither commercial nor their independent vocational activity. Provider is any natural or legal person or legal partnership, acting in the exercise of their independent professional or commercial activity upon completion of a transaction.
§ 2 Conclusion of contract
(1) Subject of the contract is the sale of goods and articles. Our product images on the internet are not binding and do not constitue a binding offer to conclude contract.
(2) You can use a binding purchase offer (order) on the online form. By submitting the order to the Send-Button, you enter a binding offer to us.
(3) The acceptance of the order (and therefore the contract) occurs after order confirmation through writing (eg e-mail) in which is confirmed to you the order of delivery of the articles (order confirmation).If you have not received a corresponding message, you are no longer bound to your order. If necessary services already rendered are immediately refunded in this case.
(4) Your requests for quotation via online form or e-mail are non-binding. We will make this a binding offer in writing (eg e-mail), which you can accept within 7 days.
(5) The processing of the order and submission of all the related information required in connection with the contract shall be send by e-mail partially automated. Therefore you have to ensure, that your submitted e-mail address is correct and the receipt of mails is technically assured and especially not prevented by spam filters.
§ 3 Lien, retention of title
(1) A right of retention can only exercise if they are claims frome the same contractual relationship.
(2) The article remains our property until full payment of the purchase price plus delivery.
§ 4 Liability
(1) We are fully liable for damages from injury to life, body or health, in all cases of intent and gross negligence, fraudulent concealment of a defect, in the transfer of guarantee for the quality of the purchased article, in damages underlying the product liability act and in all other cases established by law.
(2) If significant contractual obligations are concerned, our liability for slight negligence is limited to typical, foreseeable damage. Considerably contractual obligations are essential obligations arising from the nature of the contract and the breach of which would endanger the purpose of the contract and obligations of the contract imposed by its content for purpose of the contract, which may make proper execution of the contract possible in the first place and whose compliance you may rely.
(3) In case of violation of minor contractual obligations, liability is excluded for slight negligence.
(4) Data communication over the Internet can not be guaranteed error free and/or available at any time after the current level of technology. We are in this respect not liable to the extent either for the continuous availability of the website and neither the services offered there.
§ 5 Withdrawal
(1) A consumer is any natural person who enters into a transaction for purposes which can be attributed mainly neither commercial nor their independent vocational activity.
(2) You have the right to revoke this contract within 14 days without giving reasons. The cancellation period is 14 days from the date:
- on which you or a representative third party named by you who is not the conveyor, have or has taken the articles in possession, if you have ordered any articles within a single order and these are supplied uniformly.
- on which you or a representative third party named by you who is not the conveyor, have taken possession of the product, provided you have ordered multiple products within a single order and these are supplied separately.
- on which you or a representative third party named by you who is not the conveyor, have taken possession of the last piece or article in possession, if you have ordered a product in multiple deliveries.
(3) To exercise your right of cancellation, you must notify us Hangload UG, Forsterstr. 3, 10999 Berlin, Germany, E-Mail: firstname.lastname@example.org by sending a clear statement (eg consigned by post or e-mail) of your decision to withdraw from this contract. You can, but are not obliged to, our withdrawal form in order to do that. In order to observe the revocation period it is sufficient for you to send the message about the right of withdrawal before the withdrawal deadline.
(4) Effects of withdrawal If you withdraw from this contract, we have you all payments that we have received from you, exclusive of delivery charges (well with the exception of additional costs that can arise from the fact that you have chosen a type of delivery other than those standard delivery offered by us) and repay immediately latest within 14 days from the date on which the notification is received through your revocation of this agreement with us.
For this repayment, we use the same method of payment that you used in the original transaction, unless you explicitly agreed otherwise; in no case you will be charged fees for such repayment.
We may withhold the repayment until we have received the returned articles again, or until you have demonstrated that you have returned the articles, whichever is the earliest. You have to return the goods promptly and in any event not later than fourteen days from the date on which you notify us of the cancellation of this contract. The deadline is met if you send back the articles before the deadline of fourteen days.
You bear the direct cost of returning the articles. You only need to pay for any diminished value of the goods, if this value loss is due to your own non properly handling of the goods which is affecting the nature, characteristics and functioning of the goods.
(5) Exclusion and extinction reasons of withdrawal The right of withdrawal does not apply to contracts for the supply of articles which are not prefabricated and for their manufacture an individual choice or decision by the consumer is important or which are clearly tailored to the personal needs of the consumer.
§ 6 Choice of law, place of performance, place of jurisdiction
(1) German law applies. For consumers this choice of law applies only, insofar as this does the protection afforded by the mandatory provisions of the law of the state of habitual residence of the consumer is not withdrawn (favourability).
(2) Performance for all aspects of the business as well as existing jurisdiction with us is our seat as far as you are not a consumer, but a merchant, legal entity under public law or public law special fund. The same applies if you have no general jurisdiction in Germany or the EU or the domicile or habitual residence at the time the action is not known. The authority also of the court to call in another legal jurisdiction remains unaffected.
(3) The provisions of the UN Sales Convention shall expressly not apply.