Conditions
GENERAL TERMS AND CONDITIONS OF BUSINESS
1. Scope
The following terms and conditions apply to all orders placed via our online shop by consumers and businesses.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor independent professional. An entrepreneur is a natural or legal person, or a partnership with legal capacity, who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.
These General Terms and Conditions also apply to future business relationships with businesses, without us having to refer to them again. If the business uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they will only become part of the contract if we have expressly agreed to them.
2. Contracting parties, conclusion of contract
The purchase contract is concluded with Hammer International GmbH.
The presentation of products in the online shop does not constitute a legally binding offer, but rather a non-binding online catalog. Subject to changes, errors, technical errors, misprints, and typos. You can initially place our products in your shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided and explained during the ordering process. By clicking the order button, you place a binding order for the goods contained in your shopping cart. Confirmation of receipt of your order will be sent by email immediately after you submit the order.
When the contract with us is concluded depends on the payment method you choose:
Prepayment
We will accept your order by sending a declaration of acceptance in a separate email within two days, in which we will provide you with our bank details.
PayPal
During the ordering process, you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the payment instruction to PayPal. After placing your order in the shop, we will request PayPal to initiate the payment transaction, thereby accepting your offer.
PayPal Plus
As part of the PayPal Plus payment service, we offer you various payment methods as PayPal Services. After placing your order, you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the payment instruction to PayPal. This will conclude the contract with us.
Cash and card payments possible upon collection.
We will accept your order by sending a declaration of acceptance in a separate email within two days.
3. Contract language, contract text storage
The languages available for concluding the contract are German. We do not store the contract text.
4. Delivery conditions
Shipping costs are added to the stated product prices. You can find out more about shipping costs in the offers or during checkout.
You can generally pick up your order from Hammer International GmbH, Im Marxle 4, 72119 Ammerbuch - Altingen, Germany, during the following business hours: Monday to Friday from 9:00 a.m. to 4:00 p.m. Other appointments are possible by arrangement, including Saturdays. Please contact us to schedule your personal appointment. Payments for pickup are only accepted in cash or by card. We ship our items with our shipping partner GLS.
We do not deliver to packing stations.
5. Payment
In our shop you can generally use the following payment methods:
Prepayment
If you choose to pay in advance, we will send you our bank details in a separate email and deliver the goods after receipt of payment.
PayPal
During the ordering process, you will be redirected to the website of the online provider PayPal. To pay the invoice amount via PayPal, you must be registered there or register first, authenticate yourself with your login details, and confirm the payment instruction to us. After placing your order in the shop, we will request PayPal to initiate the payment transaction. The payment transaction is processed automatically by PayPal immediately thereafter. You will receive further instructions during the ordering process.
PayPal Plus
As part of the PayPal Plus payment service, we offer you various payment methods as PayPal Services. You will be redirected to the website of the online provider PayPal. There you can enter your payment details, confirm PayPal's use of your data, and confirm the payment instruction to PayPal.
If you have chosen PayPal as your payment method, you must be registered with PayPal to pay the invoice amount, or you must first register and authenticate yourself with your login details. PayPal will process the payment transaction automatically immediately after confirming the payment order. You will receive further information during the ordering process.
If you have chosen to pay by credit card, you do not need to be registered with PayPal to pay the invoice amount. The payment transaction will be processed by your credit card company immediately after confirmation of the payment order and your identification as the legitimate cardholder, and your card will be charged upon request from PayPal. Further information will be provided during the ordering process.
Payment upon collection on site
You pay the invoice amount in cash or by card upon collection.
For entrepreneurs, additional payment methods are available upon request; credit checks are mandatory for all traders.
A SEPA direct debit authorization is required for the purchase of spare parts. The same applies to vehicle purchases with a 30-day discount. We reserve the right to offer the customer only advance payment in the event of a negative credit check by the factoring company or by us. Overdue payment terms will be charged or collected at standard bank interest. We work through a factoring company, and invoice amounts are assigned. The goods remain the sole property of Hammer International GmbH until full payment is received. Furthermore, the vehicle may not be moved after the payment deadline has expired. Signs of wear and tear and use will be offset.
6. Retention of title
The goods remain our property until full payment has been made. The following applies additionally to entrepreneurs: We retain title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; you assign to us in advance all claims arising from this resale – regardless of whether the reserved goods are combined or mixed with a new item – in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims; however, we may also collect claims ourselves if you fail to meet your payment obligations. We are not obligated to take back used devices or items.
7. Transport damage
For consumers:
If goods are delivered with obvious transport damage, please report such defects to the delivery person as soon as possible and contact us immediately. Failure to file a complaint or contact us will have no consequences for your statutory rights and their enforcement, in particular your warranty rights. However, you will help us assert our own claims against the freight carrier or transport insurance.
The following applies to entrepreneurs:
The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the freight forwarder, carrier, or other person or institution designated to carry out the shipment. Merchants are subject to the obligation to inspect and notify defects as stipulated in Section 377 of the German Commercial Code (HGB). If you fail to provide the notification stipulated therein, the goods shall be deemed accepted, unless the defect was not apparent upon inspection. This shall not apply if we have fraudulently concealed a defect. Transport damage must be expressly documented and confirmed on the delivery note upon acceptance. Photos may be used as evidence. This notification must be forwarded to us within 3 days.
8. Warranty and guarantees
Unless expressly agreed otherwise below, the statutory warranty for defects applies. For consumers, the limitation period for claims for defects in used goods is one year from delivery of the goods.
For businesses, the limitation period for claims for defects is one year from the transfer of risk; the statutory limitation periods for recourse claims pursuant to Section 478 of the German Civil Code (BGB) remain unaffected. With businesses, only our own information and the manufacturer's product descriptions included in the contract shall be deemed to constitute an agreement regarding the quality of the goods; we assume no liability for public statements made by the manufacturer or other advertising statements. If the delivered item is defective, we will initially provide a warranty to businesses, at our discretion, by remedying the defect (repair) or by delivering a defect-free item (replacement delivery). Warranty claims can only be granted upon presentation of the new purchase invoice.
Information on any applicable additional warranties and their exact terms and conditions can be found with the product and on dedicated information pages in the online shop. Warranty troubleshooting is only partially covered. For unknown defects, please contact our technical department.
Customer service: You can reach our customer service for questions, complaints and objections on weekdays from 9:00 a.m. to 4:00 p.m. by phone at 07032-9185 103 or by email at info@hammer-international.de
Special regulations for batteries: Batteries must be regularly recharged at least every four weeks. Deeply discharged batteries are excluded from the warranty and other claims. The minimum warranty period is six months. Additional agreements can be made.
9. Liability, exclusion of liability
We assume no liability for any accidents or falls. The technical specifications must be strictly adhered to. The purchaser agrees to comply with the legal regulations of the respective country. Wearing protective clothing is recommended. We assume no liability for consequential damages. Otherwise, claims for damages are excluded.
10. Dispute resolution
The European Commission provides a platform for online dispute resolution (ODR), which you can find here http://ec.europa.eu/consumers/odr/ . We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
11. Final provisions
If you are an entrepreneur, German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
If you are a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between you and us is our place of business.
"The company is entitled to assign claims against customers located in Germany and EU countries to abcfinance GmbH, Kamekestr. 2-8, 50672 Cologne, for refinancing purposes. The buyer will be informed upon conclusion of the contract whether an assignment of the claim has been made. In these cases, payments with debt-discharging effect can only be made to abcfinance GmbH. The buyer will be informed of its bank details upon conclusion of the contract."
Terms and conditions created with the Trusted Shops legal text generator in cooperation with Wilde Beuger Solmecke Rechtsanwälte.
