By placing your order, you are agreeing to our General Terms and Conditions.
General Terms and Conditions for Hawelka Publishing, Uwe Hawelka, Erkrath, Germany
General Terms and Conditions (GTC) for Hawelka Publishing, owned by Uwe Hawelka, Sedentalerstrasse 20, 40699 Erkrath, hereafter called "Hawelka Publishing," for the online shop with domain name www.verlaghawelka.de. Updated: March 2008
1. Applicability
These terms and conditions apply for all present and future business relationships between Hawelka Publishing and its customers. Consumers according to these terms and conditions are natural persons with whom a business relationship is established, who cannot be classified as having a commercial, self-employed or freelance occupation.
Contractors according to these terms and conditions are considered to be natural or legal persons or entities with whom a business relationship has been established, who act in the exercise of their duties in a commercial, self-employed or freelance occupation.
Customers according to these terms and conditions are considered to be consumers as well as contractors.
Varying, opposing or supplementary terms and conditions are not considered part of this contract unless their validity is explicity agreed upon in writing.
2. Termination of Contract
The presentation of products by Hawelka Publishing on the internet does not constitute an offer according to § 145 ff. BGB. By placing an order by e-mail, the customer submits a binding purchase offer to Hawelka Publishing. Hawelka Publishing is required to deliver the order or provide notice of delivery within 14 days from receipt of order. Acceptance of the order takes place under the condition that the product is available, and additionally under the condition that Hawelka Publishing receives the product from its supplier in a correct and timely manner. This is only valid if the failure to deliver is not due to fault on the part of Hawelka Publishing. Should the product be unavailable, Hawelka Publishing will promptly inform the customer and if necessary return payments that have already been made immediately.
The e-mail that is sent automatically after an order has been made to confirm receipt of order does not constitute a binding acceptance of the offer by Hawelka Publishing.
3. Prices/Shipping/Shipping Costs
All prices include statutory sales tax and additional price components, minus shipping costs. Hawelka Publishing ships articles exclusively using the German Postal System; all articles that are purchased from Hawelka Publishing are paid for in advance. The shipping costs are dependent on the article. Included in shipping costs are postage, packaging and insurance.
4. Right of Withdrawl
The following right of withdrawl is valid exclusively for consumers:
Cancellation Policy
The following right of withdrawl is valid exclusively for consumers: The customer has the right to revoke his/her contractual statement, without stating a reason, in writing (e.g. letter, e-mail) or by returning the goods. This time limit begins at the earliest with written notification of this right but not before the receipt of goods by the customer. The timely dispatch of the cancellation notice or returned goods is sufficient to preserve the cancellation time limit. The cancellation notice or return of goods should be sent to:
Hawelka Publishing – Uwe Hawelka
Sedentalerstr. 20
40699 Erkrath Germany
Fax: 02104 – 833 980
E-Mail: contact@verlaghawelka.de
The customer is responsible for return costs, when the delivered goods were delivered as ordered and when the price of the returned goods does not exceed 40.00 Euros, or when the price exceeds 40.00 Euros but at the time of the return the payment or a contractually agreed upon partial payment from the customer was not yet received. Otherwise, the return is free of charge for the customer.
Consequences of Cancellation:
In the event of an effective cancellation, the payments and goods received by both parties must be returned and reimbursement made for any realized usage. If the customer cannot return the received goods in whole or in part, or only in a damaged condition, he/she is obligated to provide compensation for the lost value. This does not apply if the damage occurred while the customer was inspecting the item in a manner which would also be appropriate when examining the item in a store. In general, the customer can avoid the obligation to provide compensation when he/she does not handle the item as its real owner and refrains from anything that could affect the worth of the item. Altered or made-to-order items, as well as video or music cassettes, PC-software, DVDs, video games, etc. that have been opened may not be returned.
End of Cancellation Policy
5. Transfer of Risk
If the buyer is a contractor, the risk of accidental destruction or deterioration of an item purchased by mail, occurring during the delivery of the item to the shipping agent or carrier or through other persons or establishments authorized to carry out the shipment is transferred to the buyer. If the buyer is a consumer, this risk is transferred to the buyer only upon receipt of the item by the buyer.
This transfer of risk also applies when the buyer delays or defaults in accepting the item.
6. Warranty
The warranty claims of a customer are determined by law and are limited initially to the right to subsequent fulfillment (repair or replacement, according to the customer’s preference); however, the preference of the customer can be denied by Hawelka Publishing when it would lead to excessive costs. This right is not applicable to customers who are contractors. A repair is considered to have failed after two attempts that resulted in no significant change in the nature of the item or damage or other circumstances. If the subsequent fulfillment is unsuccessful or Hawelka Publishing refused to replace the item or did not respond in a reasonable time period allotted by the customer, the customer has the right to compensation for devaluation or to cancel the contract.
Damage that is due to careless and/or improper use of the product by the customer is not covered under the warranty.
9.1. For Contractors
If the customer is a contractor, Hawelka Publishing has the option to choose whether the item under warranty will be repaired or replaced. Claim from the customer must comply with § 377 HGB, which states that claims for defects must be made immediately upon receipt of goods.
7. Liability
Hawelka Publishing does not accept liability for damage that occurs through ordinary negligence, provided that this does not concern essential contractual obligations, damages arising out of death, bodily injury or health or guarantees, or that demands according to the product liability law are affected. The same applies for neglect of duty by vicarious agents of Hawelka Publishing.
In the case of violations of fundamental contractual obligations, the responsibility for ordinary negligence is limited to the damage that is foreseeable and typically connected with the contract.
8. Data Protection
The customer has been informed regarding the method, extent, location and purpose of the request for, processing and use of all personal information that is required to use the Hawelka Publishing Online Shop.
The customer agrees to the request, processing and using of his/her data until this approval is expressly withdrawn.
General Terms and Conditions
