The following General Terms and Conditions also contain statutory information on your rights under the provisions on distance contracts and electronic commerce
1. Scope
These General Terms and Conditions (hereinafter GTC) apply to all deliveries by HAKA to consumers (§ 14 BGB).
A consumer is any natural person who enters into a legal transaction for a purpose that can be attributed neither to their commercial nor to their independent professional activity.
2. Contracting party
The contract of sale is concluded with HAKA, proprietor David Feldbrügge, Bahnhofstr. 15, 29456 Hitzacker . You can reach your contact person on working days from 10.00 a.m. to 5.00 p.m. on 05862 987850 or by e-mail: feldbruegge@lehm-laden.de.
3. Offer and conclusion of the contract
3.1. The presentation of the products in the online shop does not constitute a legally binding offer but an invitation to place an order. Errors excepted.
3.1.1. Many of the products offered are natural products which may vary in their nature and colour; this does not constitute grounds for complaint.
3.2. By clicking the "order" button, you place a binding order for the goods listed on the order page. The contract of sale is concluded when we accept your order by means of an order confirmation sent by e-mail immediately after receipt of your order
4. Withdrawal
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good. To exercise the right of withdrawal, you must inform us, HAKA, David Feldbrügge, Bahnhofstr. 15, 29456 Hitzacker, fax no. 05862 987863, via our contact form or at feldbruegge@lehm-laden.de, of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). Withdrawal by telephone is, of course, also possible. You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, excluding the costs of delivery if the delivery service has already been performed, without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
You shall send back the goods or hand them over to us or, in the case of general cargo or freight forwarder deliveries, to a further address which we will then notify to you where applicable, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
We may withhold reimbursement until we have received the goods back or, in the case of parcel shipments, until you have supplied evidence of having sent back the goods, depending on which type of transport was chosen and whichever is the earliest.
You are liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. (Examination as is customary in a retail shop)
You will have to bear the direct cost of returning the goods. In the case of general cargo or freight forwarder deliveries, the cost of returning the goods may be up to 30 % above the shipping costs paid by you; please seek our advice beforehand in this regard.
End of the instructions on withdrawal
4.2. The right of withdrawal does not apply to the supply of goods which are made to the customer's specifications or are clearly tailored to personal needs.
4.3. Please avoid damage to or soiling of the goods. Please return the goods to us, if possible, in their original packaging with all accessories and all packaging components. Where appropriate, use protective outer packaging. If you no longer have the original packaging, please ensure adequate protection against transport damage by using sufficient packaging, in order to avoid claims for damages due to damage resulting from inadequate packaging.
4.4 You will have to bear the direct cost of returning the goods. In the case of general cargo or freight forwarder deliveries, the cost of returning the goods may be up to 30 % above the shipping costs paid by you.
4.5. Please call us on 05862 987850 before returning the goods. Particularly in the case of general cargo or freight forwarder deliveries, we may be able to find less expensive solutions. The return transport can, of course, be organised by us.
4.6. Please note that the arrangements set out in paragraphs 4.3 to 4.5. are not a precondition for the effective exercise of the right of withdrawal.
4a. Return costs upon exercise of the right of withdrawal
If you exercise your statutory right of withdrawal (see instructions on withdrawal), you will have to bear the direct cost of returning the goods. In the case of general cargo or freight forwarder deliveries, the cost of returning the goods may be up to 30 % above the shipping costs paid by you. In the event of a return, please be sure to contact me, so that I can explain the exact procedure to you and, of course, also instruct the freight forwarder on your behalf.
5. Prices and shipping costs
5.1. The prices stated on the product pages include statutory VAT and other price components.
5.2. In addition, for delivery within Germany we charge freight costs which depend on weight and distance. The shipping costs will be displayed to you in the basket after you have entered your destination postcode, calculated precisely for your delivery according to product and weight.
If a further delivery attempt has to be made by the freight forwarder, or if unexpectedly long waiting times occur during the unloading of the lorries, additional costs may be incurred by you.
5.3. Partial deliveries are possible.
6. Delivery
6.1. Parcels are delivered within Europe; delivery times vary from country to country. The maximum standard transit time of a parcel to other EU countries is 6 days, and to non-EU countries up to 10 days.
6.2. General cargo or freight forwarder deliveries are made within Germany; deliveries throughout Europe are possible on request
6.3. The delivery time within Germany is 2 working days for parcels, 2 to 5 working days for general cargo and 5-10 working days for goods shipped by freight forwarder. We indicate any deviating delivery times on the respective product page.
6.4. Delivery dates promised are planned delivery dates. Claims for damages for delivery dates not met will not be accepted.
7. Payment
7.1. Payment is made by advance payment, PayPal or invoice
7.2. If you select the advance payment method, we will provide you with our bank details in the order confirmation and deliver the goods upon receipt of payment.
7.3. You shall be entitled to set-off only if your counterclaims have been finally established by a court or are undisputed or have been acknowledged by us in writing.
8. Warranty
We warrant that the products are free from manufacturing and material defects. The warranty period commences on the date of delivery. No guarantee is given for the processing or for the suitability of the substrate, as the seller has no influence on the processing. If the manufacturer's operating or maintenance instructions are not followed, changes are made to the products, parts are replaced or consumables are used which do not correspond to the original specifications, any warranty shall lapse if the purchaser does not refute a corresponding substantiated assertion that it was only one of these circumstances that caused the defect. The purchaser is obliged to notify defects in writing without undue delay, but at the latest within one week of receipt of the delivery. Defects which cannot be discovered within this period even upon careful examination must be notified in writing by the purchaser without undue delay after discovery. They oblige us to take back the goods complained of and to make a replacement delivery, but under no circumstances to pay damages. Slight colour deviations resulting from the use of natural raw materials do not constitute grounds for complaint. Nor do such deviations in the case of subsequent deliveries.
9. Information and advice
All oral and written information on the suitability and possible applications of our goods is provided to the best of our knowledge. However, it merely reflects our empirical values and does not constitute an assurance. Claims against us are therefore excluded. Agreements or ancillary agreements are only valid if they are confirmed in writing by our management. The purchaser remains obliged to satisfy himself, by means of his own examination, of the suitability of the goods for the purpose intended by him.
10. Retention of title
The goods remain our property until payment has been made in full.
11. Place of performance
The place of performance for all claims arising from the contractual relationship is Hitzacker. The place of jurisdiction for all legal disputes arising from the contractual relationship is Dannenberg.
Further information
1. Ordering process
Once you have found the desired product, you can place it in the basket without obligation by clicking the "Add to basket" button. If you have goods in the basket, you can go to the basket at any time by clicking the basket button and view your goods without obligation. You can remove the products from the basket at any time by clicking the "Bin" button. If you wish to purchase the products in the basket, click the "Checkout" button. Please then enter your details. Mandatory fields are marked with an *. Registration is not required; your data is transmitted in encrypted form. After entering your details and selecting the payment method, you will reach the order page via the "Next" button or, if you have logged in with your username, the "Log in" button. On the order page you can check all details and goods once again. By clicking the "Complete order" button you complete the order. The process can be cancelled at any time. You will receive further information on the individual pages.
2. Contract text
The contract text is stored on our internal system. You can view the GTC on this page at any time. The order data and the GTC will be sent to you in written form by e-mail.
3. Shipping
3.1. Palletised goods
Delivery is made by various freight forwarders. Orders of up to 3 t are transported by lorries with a tail lift and pallet truck. Orders of 3 t to 24 t are transported by articulated lorries; unloading is then carried out with a truck-mounted forklift or crane. If you are able to unload big bags and pallets weighing 1 t yourself, articulated lorries without unloading equipment are used.
Prices are graduated according to weight and distance. Our standard shipping options are lorries with a tail lift and articulated lorries with a truck-mounted forklift; these prices are displayed automatically here in the shop.
Should you require delivery with crane unloading or without unloading, please contact us about this. We will then prepare a quotation for you with the applicable freight price.
The access route to the unloading point must be passable for the lorry concerned.
Orders of up to 30 kg
Orders that can be packed in cardboard boxes are shipped by a parcel service. Owing to packaging sizes, we may ship your order in two or more parcels.
Should we not have a product in stock, you will receive a parcel directly from the manufacturer.
3.3. Delivery times
We always ship promptly. Orders of up to 3 t within 2 to 5 working days, orders of more than 3 t approx. 5 to 10 working days (depending on the availability of lorries). Should there be any delays, we will inform you immediately.
(This translation is provided for information only; only the German version is legally binding.)