General Terms and conditions
§ 1 Scope of application, terms
(1) We deliver on the basis of the following General Terms and Conditions, which form the basis of the contracts concluded with us on the basis of the offers in our online shop.
(2) Insofar as these terms and conditions refer to consumers, these are natural persons in accordance with the statutory regulation (§ 13 BGB), for whom the purpose of the order cannot predominantly be attributed to a commercial or independent professional activity. In Austria, legal entities can also be consumers. According to the legal regulation (§ 14 BGB), entrepreneurs are natural or legal persons or partnerships with legal capacity who, when concluding a legal transaction, act in the exercise of their commercial or self-employed professional activity. Customers within the meaning of these Terms and Conditions are both consumers and entrepreneurs.
(3) If working days are specified as deadlines, this shall be understood to mean all weekdays with the exception of Saturdays, Sundays and public holidays at our registered office. Christmas Eve and New Year's Eve are treated as public holidays.
§ 2 Contractual partners, language of contract
Phone +49 (0)8563-2088
Telefax +49 (0)8563 976927
are your contractual partner.
In our English Internet shop at businesshemden.com/en, the contract is concluded in accordance with these terms and conditions in German or English, depending on which setting you have made.
§ 3 Conclusion of contract
(1) Our advertising offers are subject to confirmation as long as they do not become the content of a contractual agreement. Before sending your order, you have the opportunity to check and correct the data you have entered. Immediately after receipt of your order, you will receive an automatically sent order receipt confirmation by e-mail.
(2) The presentation and display of the products in our online shop do not constitute a legally binding offer. With your order, you submit a binding offer to conclude a purchase contract. However, a contract has not been concluded at this point in time. The order confirmation sent by us by e-mail immediately after the order is placed does not constitute acceptance of your offer, but is only intended to inform you that we have received your order. We may accept your order by sending a separate order confirmation by e-mail or by delivering the goods within five days.
§ 4 Restrictions
(1) The articles offered are only sold up to a maximum quantity of 10 pieces per article, unless otherwise stated in the product description.
(2) If the purchaser is an entrepreneur, deviating conditions of the bestseller do not apply. Acknowledgement of deviating terms and conditions can only be made by express written confirmation by us.
§ 5 Storage of Contract Text, My Account
(1) The text of the contract is stored by us, but cannot be accessed directly by you for security reasons. We offer a password-protected direct access ("My Account") for each customer. Here you can manage your data and view order data if you have registered accordingly. The customer undertakes to treat the personal access data confidentially and not to make it accessible to any unauthorised third party.
(2) These GTC and the data of your order are presented to you in the order process. You can easily archive this information there by either downloading the T&Cs and saving the data summarized in the order process using the functions of your browser, or you can wait for the automatic order receipt confirmation, which we will additionally send to you by e-mail after completion of your order to the address you have provided. This order confirmation e-mail contains once again the data of your order and the contractual provisions with these GTC and can be easily printed or saved with your e-mail program. You can find the current version of the GTC on our website.
§ 6 Right of withdrawal
Consumers have a right of revocation for orders from our online offer.
Below you will find information on the requirements and consequences of the statutory right of withdrawal for mail-order purchases. A contractual granting of rights going beyond the law is not associated with this. In particular, the statutory right of withdrawal is not available to commercial resellers.
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the last part shipment or the last item.
In order to exercise your right of withdrawal, you must inform us (businesshemden.com GmbH, Gewerbestr. 15, DE-84371 Triftern Germany, Phone +49 (0)8563-2088,Telefax +49 (0)8563 976927, Mail: info[@]businesshemden.com) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You may use the enclosed model withdrawal form for this purpose, which is, however, not mandatory.
To comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us without delay and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. We will cover the return shipping costs for returns from Germany for goods worth more than 40 euros. Please use our return service, which is offered to you in the customer account or under "Returns, exchanges and complaints" (you will find the link at the bottom of the online store). Enter the reason for return on the return form. Then you can print out and use the return label for the return shipment by our shipping service provider. If you do not have a printer available, have difficulty downloading the return label, or need a new return label, you can also request one through our customer service. For returns from other countries and for goods worth up to 40 euros, you bear the cost of return. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
There are legal exceptions to the right of withdrawal (§ 312g BGB). We have marked the offers where the right of withdrawal is excluded and where we would like to invoke this for you accordingly, if applicable.
§ 7 Voluntary right of return
In addition to the statutory right of withdrawal, we grant you a contractual right of return for a total of 30 days from receipt of the goods, which our customers from countries outside the European Union can also exercise. This voluntary right of return is exercised by returning the goods. Within the framework of this voluntary right of return, we will assume the return shipping costs for returns from Germany for goods worth more than 40 euros. Please use our return service, which is offered to you in the customer account or under "Returns, exchanges and complaints" (you will find the link at the bottom of the online store). Enter the reason for return on the return form. Then you can print out and use the return label for the return shipment by our shipping service provider. If you do not have a printer available, have difficulty downloading the return label, or need a new return label, you can also request one via our customer service. For returns from other countries and for goods with a value of up to 40 euros, you will bear the costs of the return. In all other respects the same conditions apply to the further requirements and consequences of exercising your right of return as for the statutory right of revocation, which remains unrestricted.
§ 8 Prices, terms of payment
(1) For orders in our Internet shop, the prices listed in the offer at the time of the order shall apply. The prices stated are total prices, i.e. they include the applicable German statutory value added tax and other price components.
(2) We reserve the right to combine several individual orders if necessary.
Special offers, e.g. via newsletter, are limited in time (according to our specifications) and are subject to availability while stocks last. In no case can several discounts, special conditions or promotional offers be cumulated.
(3) Payments can generally be made by credit card, prepayment, Paydirect, PayPal, Sofortüberweisung, GiroPay, direct debit, purchase on account and cash on delivery.
(4) Payment by cash on delivery is only possible for deliveries within Germany. Payment by cash on delivery incurs a fee of 4.00 euros, which must be paid by the consumer.
(5) When selecting the payment method "purchase on account" and direct debit, we reserve the right to have a credit check carried out by Schufa. We reserve the right to exclude payment methods in individual cases. When selecting these payment methods, the General Terms and Conditions for these payment methods also apply, which you can access here: https://payment.payolution.com/payolution-payment/infoport/agb?mId=YnVzaW5lc3NoZW1kZW4uY29tIEdtYkg=
(6) If you choose the GiroPay payment method, you pay the invoice amount via your bank's online banking service, which you will be directed to during the ordering process. You log in as usual, e.g. with your account number and PIN, and authorise your payment, e.g. with a TAN. Your bank must participate in the Giropay procedure.
(7) If you select the PayPal payment method, you pay the invoice amount via the online provider PayPal, to whom we assign the claim. You can therefore only pay PayPal with debt-discharging effect. In principle, you must be registered there or register first, legitimise yourself with your access data and confirm the payment instruction (exception: guest access, if applicable). You pay the invoice amount to PayPal via the payment methods offered by PayPal, such as direct debit or credit card. If applicable, PayPal will also offer you the "hire purchase" (prerequisite, among other things, creditworthiness, for order values of 99 € - 5,000 €, German PayPal account required, in which a bank account is deposited and confirmed as the source of payment https://www.paypal.com/de/webapps/mpp/paypal-instalments). In this case, you enter into a contract with PayPal as the lender.
You will receive further instructions on how to get to the payment provider's page during the ordering process.
(8) If you choose the payment method Sofortüberweisung, you pay via the offer of Sofort AG. In this case, we receive the transfer credit immediately. This speeds up the entire ordering process. All you need is your account number, bank code, PIN and TAN. Using Sofort AG's secure payment form, which is not accessible to merchants, this payment service automatically places a transfer in your online bank account in real time. The purchase amount is transferred immediately and directly to the merchant's bank account.
If you choose the payment method SOFORT TRANSFER, a pre-filled form will open at the end of the order process. This already contains our bank details. In addition, the transfer amount and the reason for payment are already displayed in the form. You must now select the country in which you have your online banking account and enter the bank code. Then enter the same data as when you registered for online banking (account number and PIN). Confirm your order by entering the TAN. Immediately afterwards, you will receive confirmation of the transaction.
In principle, every Internet user can use SOFORT TRANSFER as a payment method if they have an activated online banking account with PIN/TAN procedure. Please note that SOFORT ÜBERWEISUNG is not yet available at a few banks. For more information on whether your bank supports this service, please visit the payment service provider's website.
(9) If you select the credit card payment method, the transaction is carried out via the payment service provider Payone. This is an offer of BS Payone GmbH, Lyoner Straße 9, 60528 Frankfurt am Main (https://www.payone.com/).
PAYONE GmbH (hereinafter referred to as "PAYONE" or "we") is an e-money and payment institution within the meaning of the German Payment Services Supervision Act (Zahlungsdiensteaufsichtsgesetz - ZAG) and specialises in the provision of secure terminals for cashless payment transactions as well as the offer of associated services. In particular, PAYONE handles card-based cashless payment transactions for the retail and service industries within the scope of its payment services and offers various payment methods for this purpose.
PAYONE performs two main tasks for us in the processing of cashless payment transactions:
1. PAYONE acts as a so-called network operator and ensures the technical processing of cashless payments via a technical infrastructure, such as the secure communication between a payment terminal and your card-issuing bank. 2.
In addition, PAYONE also acts as an acquirer and handles the secure forwarding and settlement of credit card transactions with international credit card companies (so-called schemes, such as VISA, MasterCard, Diners Club, Discover, JCB, UPI or American Express).
The data we transfer is encrypted. The data on the means of payment and the payment data are also transmitted in encrypted form via corresponding interfaces. During this process we do not gain any knowledge of the payment data.
§ 9 Shipping costs, delivery and customs duties
(1) The shipping costs may vary depending on the delivery area, the delivery method and the different nature of the order. Information on the amount of the shipping costs can be found on the page Shipping costs and delivery times.
(2) We will deliver the goods to the delivery address specified by the customer in accordance with the agreements made with you, unless otherwise agreed.
(3) We are entitled to make partial deliveries insofar as this is reasonable for you. In this case, you will of course only bear the shipping costs once. If your order has reached the total free shipping limit, you will of course not bear any shipping costs even in the case of partial deliveries.
(4) If you order products from businesshemden.com for delivery outside the EU, customs duties and taxes may be incurred. These are levied when the package reaches the specified destination. Any additional charges for customs clearance must be borne by you. Businesshemden.com has no influence on these fees. Customs regulations vary greatly from country to country. Contact your local customs authority to find out more.
§ 10 Retention of title, default
(1) The goods remain our property until full payment has been received. For consumers from Switzerland, we reserve the right to have a corresponding entry made in the retention of title register.
(2) If you are in default of payment, we shall grant you a reasonable period of grace. After unsuccessful expiry of the grace period, we are entitled to withdraw from the contract and to reclaim the goods.
§ 11 Promotion vouchers and their redemption
(1) Promotion vouchers are vouchers which cannot be purchased but which we issue within the framework of advertising campaigns with a certain period of validity. Promotion vouchers are therefore purely promotional measures.
(2) Promotional vouchers can only be redeemed during the specified period and only once as part of an order transaction. Individual brands may be excluded from the voucher promotion. Promotion vouchers cannot be used for the purchase of gift vouchers. Please note that promotional vouchers may be subject to a minimum order value.
(3) The value of the goods must be at least equal to the amount of the promotional voucher. A difference to a higher value of goods can be compensated with the offered payment options. The value of a promotional voucher is neither paid out in cash nor does it earn interest. The promotional voucher will not be refunded if the goods are returned in whole or in part.
(4) Promotion vouchers can only be redeemed before the order process is completed. Subsequent crediting is not possible. The promotional voucher cannot be transferred to third parties. Multiple promotional vouchers cannot be combined with each other unless we have agreed otherwise.
(5) If you have used a promotional voucher when making your purchase, we reserve the right to charge you the original price of the goods you are keeping if - due to your cancellation - the total value of the order falls below the order value required for the promotional voucher to be valid (minimum order value) or below the value of the promotional voucher.
§ 12 Transfer of risk
If the buyer is a consumer, the risk of accidental loss and accidental deterioration of the goods shall pass to the buyer upon handover. If the buyer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods shall pass to the buyer when the goods are handed over to the carrier.
§ 13 Warranty
(1) If the customer is a consumer, the statutory rights of liability for defects shall apply.
(2) If the buyer is an entrepreneur, we shall initially provide a warranty for defects in the goods at our discretion by rectifying the defect or supplying a replacement. Entrepreneurs must notify us in writing of obvious defects within a period of two weeks from receipt of the goods. Otherwise the assertion of the warranty claim is excluded. Timely dispatch shall be sufficient to meet the deadline. The entrepreneur has the full burden of proof for all claim prerequisites.
§ 14 Platform for Online Dispute Resolution
(1) Under applicable law, we are obliged to inform consumers of the existence of the European Online Dispute Resolution Platform, which can be used to resolve disputes without having to go to court. The European Commission is responsible for the operation and content of the platform. You can find the European Online Dispute Resolution Platform here: http://ec.europa.eu/odr.
(2) We are not willing and not obliged to participate in an out-of-court conciliation procedure.
§ 15 Final provisions
(1) The law of the Federal Republic of Germany shall apply to all legal transactions or other legal relationships with us. The UN Convention on Contracts for the International Sale of Goods (CISG) and any other intergovernmental agreements, even after their adoption into German law, shall not apply. This choice of law includes that the customer with habitual residence in one of the states of the EU or Switzerland is not deprived of the protection granted by mandatory provisions of the law of that state.
(2) In business transactions with merchants and with legal persons under public law, it is agreed that our registered office shall be the place of jurisdiction for all legal disputes concerning these terms and conditions and individual contracts concluded under their validity, including actions on bills of exchange and cheques. In this case, we are also entitled to sue at any other legal place of jurisdiction. Any exclusive place of jurisdiction shall remain unaffected by the above provision.
(3) Should individual provisions of these General Terms and Conditions of Business not be legally effective in whole or in part, or should they lose their legal effectiveness at a later date, the validity of the General Terms and Conditions of Business shall not otherwise be affected thereby. The invalid provisions shall be replaced by the statutory provisions. The same shall apply if the General Terms and Conditions contain an unforeseen loophole.
Status March 2022