§ 1 Scope of application
- Deliveries and services of all kinds provided by Alfred Herzog Metallwarenfabrik GmbH, Auf der Koppel 5, 58540 Meinerzhagen (hereinafter “Herzog Pfannen”) are based on these General Terms and Conditions (GTC). The GTC apply to all contracts for the delivery of goods which a consumer or entrepreneur (hereinafter “Customer”) concludes with Herzog Pfannen with regard to the products presented by Herzog Pfannen in its online shop.
- These General Terms and Conditions shall apply exclusively. The validity of terms and conditions that conflict with or deviate from these provisions shall require written agreement. Deviating terms and conditions of the customer shall not be recognised unless Herzog Pfannen expressly agrees to their validity.
- A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for purposes which can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
§ 2 General Information
- The GTC inform about how the offer of Herzog Pfannen can be used and which rules apply.
- If the online shop or the website of Herzog Pfannen is visited, the data protection declaration of Herzog Pfannen applies in addition.
§ 3 Description of services
- Herzog Pfannen offers pans, roasters, woks and pots along with accessories for sale in its online shop. The customer can order the products digitally via the online shop and will receive them delivered to his home upon conclusion of the contract. The exact details and particulars of the content of the products and the ordering process can be found in the respective item descriptions and information on the website and the online shop of Herzog Pfannen.
- The performance descriptions of the products contained in the online shop or on the website do not constitute any assurance or guarantee.
§ 4 Conclusion of contract
- The presentations and advertisements of the services in Herzog Pfan-nen’s online shop do not constitute a binding offer on the part of Herzog Pfannen. Only the customer’s order constitutes an offer to conclude a contract which Herzog Pfannen can accept.
- The customer can submit the offer via the online order form integrated in Herzog Pfannen’s online shop. After placing the selected goods into the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding offer to enter into a contract for the goods in the shopping cart by clicking on the button “order with obligation to pay”.
- Herzog Pfannen will confirm receipt of the order placed by the customer immediately by e-mail. This e-mail does not constitute a binding acceptance of the order unless, in addition to confirming receipt, it also declares acceptance.
- Herzog Pfannen may accept the customer’s offer within five days,
- by sending the customer a written order confirmation or an order acknowledgement in text form (fax or e-mail), in which case the date of receipt of the order confirmation by the customer shall be decisive, or
- by making the ordered goods available to the customer, in which case the receipt of the goods by the customer is decisive, or
- by requesting payment from the customer after the customer has placed the order.
- If several of the aforementioned alternatives exist, the contract shall be concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the customer sends the offer and ends with the expiry of the fifth day following the sending of the offer. If Herzog Pfannen does not accept the customer’s offer within the aforementioned period, this shall be deemed to be a rejection of the offer.
- If delivery of the goods ordered by the customer is not possible, for example due to lack of availability of the goods, Herzog Pfannen will not accept the offer of contract. In this case a contract will not be concluded. Herzog Pfannen will inform the customer of this and refund any consideration already received.
- Order processing and contacting usually takes place by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that e-mails sent by Herzog Pfannen can be received at this e-mail address.
- The customer’s order data will be stored by Herzog Pfannen within the framework of the statutory provisions. If the customer registers with Herzog Pfannen, he can access his order data in his user account.
§ 5 Prices and Terms of Payment
- The prices agreed with the customer in the order process shall apply. Unless otherwise stated in the seller’s product description, the prices quoted are total prices which include the statutory value added tax. Any additional shipping and delivery costs will be indicated separately in the respective product description.
- The customer will be informed of the payment option(s) in the Herzog Pfannen online shop. Payments are generally made within the framework of the PayPal Plus payment service. ithin the framework of the PayPal Plus payment service, Herzog Pfannen offers the customer various payment methods as PayPal services. The customer will be redirected to the website of the online provider PayPal. There the customer can enter his payment data, confirm the use of his data by PayPal and the payment instruction to PayPal. Further instructions are given during the ordering process.
- or – if the customer does not have a PayPal account – at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
- If the customer chooses the PayPal payment method, he/she must be registered there in order to be able to pay the invoice amount or must first register and legitimise himself/herself with his/her access data. The payment transaction is carried out automatically by PayPal immediately after confirmation of the payment instruction.
- If the customer chooses to pay by credit card, he/she does not have to be registered with PayPal in order to pay the invoice amount. The payment transaction will be carried out upon PayPal’s request by the customer’s credit card company immediately after confirmation of the payment instruction and after the customer’s legitimation as a legitimate cardholder, and the customer’s card will be charged.
- If the customer chooses the direct debit payment method, he does not have to be registered with PayPal in order to pay the invoice amount. By confirming the payment instruction, the customer grants PayPal a direct debit mandate. PayPal will inform the customer about the date of the direct debit (so-called prenotification). By submitting the direct debit mandate immediately after confirmation of the payment instruction, PayPal requests its bank to initiate the payment transaction. The payment transaction is carried out and the customer’s account is debited.
- If the customer chooses the payment method invoice, the customer does not have to be registered with PayPal in order to pay the invoice amount. After a successful address- and credit check and submission of the order, Herzog Pfannen will assign its claim to PayPal. In this case the customer can only pay PayPal with debt-discharging effect.
- Unless otherwise agreed, payment of the purchase price is due immediately upon conclusion of the contract. In the event of late payment Herzog Pfannen is entitled to charge interest on arrears at a rate of 5 percentage points above the base interest rate per annum as published by the European Central Bank. If Herzog Pfannen can prove that it has incurred higher damages as a result of the delay, Herzog Pfannen shall be entitled to assert such damages.
§ 6 Right of revocation
- he following shall apply only to contracts with commercial customers (not to consumers pursuant to § 13 BGB): If a contract for the purchase of a product has been concluded, revocation or return of the purchased product shall be excluded. For consumers, the right of withdrawal regulated in paragraphs 2 et seq. shall apply.
- The customer has the right to revoke the contract with Herzog Pfannen within 14 days without giving reasons. The revocation period is 14 days from the day of conclusion of the contract. In order to exercise the right of revocation, the customer must inform Herzog Pfannen, (Alfred Herzog Metallwarenfabrik GmbH, Auf der Koppel 5, 58540 Meinerzhagen, Germany) of his decision to revoke this contract by means of a clear declaration. In order to extend the revocation period, it is sufficient for the customer to send the notification of the exercise of his right of revocation before the expiry of the revocation period.
- If the customer revokes the contract, Herzog Pfannen shall reimburse all payments already received from the customer, including delivery costs (with the exception of additional costs resulting from the fact that the customer has chosen a type of delivery other than the most favourable standard delivery offered by Herzog Pfannen), immediately and at the latest within 14 days from the day on which Herzog Pfannen received the notification of revocation of this contract. For this repayment Herzog Pfannen will use the same means of payment that the customer used for the original transaction, unless expressly agreed otherwise with the customer.
§ 7 Offsetting
The following applies only to commercial customers (not to consumers pursuant to § 1 para. 3): The customer is only entitled to set-off if his counterclaims have been legally established or are undisputed by Herzog Pfannen.
§ 8 Terms of delivery and shipment
If shipment fails for reasons for which the customer is responsible, as is the case, for example, if an incorrect delivery address is given, the customer shall bear the additional costs incurred by Herzog Pfannen as a result.
§ 9 Retention of title
The goods remain the property of Herzog Pfannen until payment has been made in full.
§ 10 Liability for defects and warranty
- f the purchased item is defective, the provisions of the statutory liability for defects shall apply.
- Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, body or health or from the breach of essential contractual obligations as well as liability for other damages based on an intentional or grossly negligent breach of duty by the supplier, his legal representatives or vicarious agents. Material contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract. In the event of a breach of material contractual obligations Herzog Pfannen shall only be liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence, unless the customer’s claims for damages are based on injury to life, body or health. Liability under the German Product Liability Act remains unaffected by these General Terms and Conditions.
§ 11 Legal succession
Herzog Pfannen may transfer all rights and obligations arising from its concluded contracts to a legal successor. The customers hereby give their express consent to the transfer of the contract. Customers shall be informed thereof within 14 days.
§ 12 Statute of Limitations
Claims of the customer against Herzog Pfannen become statute-barred one year after knowledge, at the latest, however, three years after performance of the service. This shall not apply in the case of fraudulent intent, promises of guarantee, intent and gross negligence or in the case of injury to life, body or health and not in the case of mandatory liability such as under the Product Liability Act.
§ 13 Copyright and rights of use
The contents of Herzog Pfannen’s website and online shop are subject to commercial property rights and are protected by database law, copyright and trademark law. Herzog Pfannen expressly reserves the right to assert claims for damages in cases of infringement.
§ 14 Data protection
The personal data provided by the customer will be stored by Herzog Pfannen and used exclusively for the provision of the ordered service. Further information on the use of personal data can be found in Herzog Pfannen’s data protection statement.
§ 15 Final Provisions
- The General Terms and Conditions as well as all contracts of Herzog Pfannen, including the form of their conclusion, as well as all rights and obligations arising from them, are subject to German law. This also applies to all non-contractual claims in connection with these contracts. Any disputes arising out of or in connection with these contracts (including those concerning their validity) shall be subject to the exclusive jurisdiction of the courts of first instance having jurisdiction for the judicial district of Meinerzhagen.
- Herzog Pfannen reserves the right to amend these General Terms and Conditions without stating reasons, insofar as this is necessary due to changes in the performance of its offers or due to legal changes or as a result of technical developments and the amendments or deviations are reasonable for the customer, taking into account the interests of Herzog Pfannen.
- Amendments to the General Terms and Conditions will be sent to the customers by e-mail. If no objection is lodged within six weeks, the amendments shall be deemed to have been accepted. In the event of an objection to the amendment Herzog Pfannen may deny the customer further use of the offers affected by the amendments.
§ 16 Alternative dispute resolution
The EU Commission provides a platform for online dispute resolution in accordance with Article 14 (1) of the ODR Regulation on the Internet at the following link: https://ec.europa.eu/consumers/odr. This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer. Herzog Pfannen is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.