General conditions of sale
scope
These terms and conditions apply to all purchases from HeMan's Fishing [https://www.hemansfishing.com/impressum] that
are made by private customers.
Private customers in this sense are people with their place of residence and delivery address in the Federal Republic of Germany
Germany, insofar as the goods they have ordered are neither commercial nor theirs
independent professional activity can be attributed.
Prices and shipping costs
The prices awarded are final prices including sales tax. The amount that applies on
Time of the binding order is shown. There are also shipping costs, which are determined by the
The shipping method and the size and weight of the goods you have ordered depend on. about
You can find out more about the details under [Link to "Shipping costs"]. The regular
Cost of return, which in the event of a return of the goods by you in exercise of your
We bear the right of withdrawal [link to "Right of Withdrawal"]. When exercising your right of withdrawal
we will also refund the shipping costs.
payment
Payment is made on delivery by means of
- Credit card
- Payment in advance
- Payment on pickup
- PayPal
delivery
(1) Delivery is made to the delivery address specified by the customer within
- Germany
- Switzerland
- Europe
(2) Force majeure (natural disasters, war, civil war, terrorist attack) the delivery or
any other service is permanently impossible, is an obligation of HeMan's Fishing
locked out. HeMan's Fishing will immediately reimburse amounts already paid.
(3) HeMan's Fishing can also refuse performance if this requires an effort,
taking into account the content of the sales contract and the principles of good faith in one
there is a gross disproportion to the interest of the customer in the fulfillment of the purchase contract. Already
HeMan's Fishing will immediately reimburse any amounts paid.
(1) If possible, please use the when returning the goods and accessories
Original packaging, even if it is damaged by an opening for a functional test.
(2) Please use the fully franked, enclosed with the delivery of goods for the return
and addressed return label. It is the simplest and cheapest
Shipping option. You have no obligation to use this return process. If
However, if you choose an unnecessarily expensive shipping method, you may be obliged to
to pay the higher costs to us compared to a cheaper shipping method.
Retention of title
Until all claims against the customer from the
In the purchase agreement, the delivered goods remain the property of HeMan's Fishing. As long as this
If there is retention of title, the customer may neither resell the goods nor use them
feature; in particular, the customer may not contractually allow third parties to use the goods.
Defect rights.
(1) A product that is already defective upon delivery (warranty case) becomes HeMan's Fishing
at the customer's option at the expense of HeMan's Fishing, replace it with a defect-free one or
Have it professionally repaired (supplementary performance). The customer is advised that no
A warranty case exists if the product has the agreed quality upon transfer of risk
would have. A warranty case does not exist in the following cases in particular:
a) in the event of damage caused to the customer by misuse or improper use
are,
b) in the event of damage caused by the customer's products being harmful
have been exposed to external influences (especially extreme temperatures,
Moisture, exceptional physical or electrical stress,
Voltage fluctuations, lightning, static electricity, fire).
(2) HeMan's Fishing also provides no guarantee for a fault caused by improper repairs
was caused by a service partner not authorized by the manufacturer.
(3) Requires the type of supplementary performance desired by the customer (replacement delivery or repair)
an effort that, in view of the product price, taking into account the content of the contract and the
Good faith rules in a gross disproportionate to the performance interests of the
Customer stands - whereby in particular the value of the object of purchase in a defect-free condition, the
Significance of the defect and the question to be considered whether to the other type of
Subsequent performance can be used without significant disadvantages for the customer - limited
the customer's claim to the other type of supplementary performance. HeMan & # 39; s right
Fishing, also this other type of supplementary performance under the aforementioned condition
refuse remains unaffected.
(4) Both in the case of repairs and in the case of a replacement delivery, the customer is the customer
obliged to deliver the product to HeMan's Fishing at the expense of HeMan's Fishing, stating the order number
to send the return address provided by you. Before sending in, the customer has from him
remove inserted objects from the product. HeMan's Fishing is under no obligation to do that
Examine product for the incorporation of such items. For the loss of such items
HeMan's Fishing is not liable, unless it was when the product was returned to HeMan's Fishing
It is immediately apparent that such an object has been inserted into the product (in
In this case, HeMan's Fishing informs the customer and holds the item for the customer
Ready for pickup; the customer bears the resulting costs). The customer also has to do before entering a
Sends the product for repair or replacement, if necessary separate backup copies of the
system software, applications and all data on the product on one
create a separate data carrier and deactivate all passwords. Liability for data loss
is not accepted. It is also the responsibility of the customer after he has received the repaired product or
the replacement product has been returned, the software and data to be installed and the
Reactivate passwords.
(5) If the customer sends in the goods in order to receive an exchange product, the
Reimbursement of the defective product according to the following conditions: If the customer has the goods
between delivery and return in a defect-free condition, this has the value
to reimburse the benefits drawn by him. For one who has not occurred due to the defect
Destruction or further deterioration of the goods as well as for those not due to the defect
occurred impossibility of surrendering the goods in the period between delivery of the goods and
The customer has to pay compensation for the return of the goods. The customer has no compensation for the value
deterioration of the goods caused by the intended use of the goods
Afford. The obligation to pay compensation does not apply to the return of a defective product in
Furthermore, warranty case,
a) if the defect justifying withdrawal only becomes apparent during processing or
Remodeling has shown
b) if HeMan's Fishing is responsible for the deterioration or the sinking or the
Damage would also have occurred at HeMan's Fishing,
c) if the deterioration or the downfall occurred to the customer, although this
has observed the care that he is used to in his own affairs.
(6) The customer's liability for damages in the event of a breach of the
The obligation to return is based on the statutory provisions.
(7) The customer can choose to withdraw from the contract or reduce the purchase price if
fails to repair or replace the delivery within a reasonable period of time
has resulted in the condition of the product in accordance with the contract.
(8) In addition, claims can also be made against the manufacturer in the context of one of these
granted guarantee, which are based on the corresponding guarantee conditions.
(9) HeMan's Fishing's statutory warranty ends two years from delivery of the goods. The
The period begins with the receipt of the goods.
Applicable Law
The contract concluded between you and HeMan's Fishing is subject exclusively to this
Law of the Federal Republic of Germany with the express exclusion of the UN sales law.
This does not affect the mandatory provisions of the state in which you do your usual
Have stay.
Place of jurisdiction
If, contrary to your information when ordering, you do not have a place of residence in the Federal Republic of Germany
Germany or move your residence abroad after signing the contract or your
The place of residence is not known at the time the action is brought, the place of jurisdiction for all disputes
from and in connection with the contractual relationship [seat of the operator of the online shop].
Dispute resolution
General information requirements for alternative dispute resolution according to Art. 14 Para. 1 ODR-VO and §
36 VSBG (Consumer Dispute Settlement Act):
The European Commission provides a platform for online dispute resolution (OS) which
You can find it at this address: http://ec.europa.eu/consumers/odr/. To participate in a
We are not obliged to settle disputes before a consumer arbitration board, and neither are we
not ready.
Final provisions
(1) Should individual provisions of this contract be wholly or partially ineffective or void
or are, the validity of the rest of the contract is not affected, insofar as a
Contractual partner is not unreasonably disadvantaged by this.
(2) Changes or additions to this contract must be made in writing.