General Terms and Conditions for Austria (T&C)

Version: 09/14/2017

1. Scope, contractual partners, delivery restrictions

(1)    The following terms and conditions, in their current version at the time of placing the order, shall apply to contracts for the purchase of goods between Habermaass GmbH and the customer.

(2)    If the customer is a consumer, then Paragraph 12 of the following clauses shall not apply, and shall only apply to contracts with companies within the meaning of Article 14 BGB.

(3)    The T&C shall govern the details of the contractual relationship and shall also provide important information to consumers in their legally relevant version. You can save to your computer or print the T&C for the order by clicking on the links in our online shop. We will also send you a separate copy of the T&C applying to your order, which you will receive together with the dispatch and confirmation of contract, no later than upon delivery of the goods, and on a durable medium (e.g. as an email, PDF attachment or hard copy).

(4)    The following delivery restrictions apply: We only deliver to customers whose habitual residence (billing address) is in Germany or Austria, and where they are able to specify a delivery address.

2. Information requirements for distance contracts

(1)   The contractual partner for the customer is HABA Online Shop, Habermaass GmbH, August-Grosch-Str. 28-38, GERMANY, Tel. +49 9564 929 6666 (Monday to Friday: 8am - 8pm - regular fixed line tariff from your telephone provider, cell phone charges may vary), Fax +49 9564 929 662 300, Email: shop@haba.de, HRB 256, Coburg District Court, VAT ID No: DE 132 453 565, represented by the managing partners: Klaus Habermaass and CEO: Arnd Mückenberger, Tim Steffens. 

Habermaass GmbH is hereafter referred to as HABA Online.

(2)   The essential characteristics of the products are listed in the article description and can be reviewed during the order process.

(3)   HABA Online reserves the right to withdraw from the contract if HABA Online is not able to deliver the ordered goods without being deemed at fault, as the deliverer would not fulfill their contractual obligations in this case.

(4)   The contract is concluded in the following ways: Customers shall place their orders in the online shop in one of the available languages. The presentation of goods in the HABA online shop solely represents a non-binding invitation to order goods from HABA Online. It does not contain a binding sales offer. The offer to conclude a purchase contract shall be initiated by the customer, by the customer clicking the "Submit order" button after having completed the order page. The customer can review the order at any time by clicking on the shopping cart item, and make any desired changes. Prior to submitting the order, the customer can check their delivery and payment option information and change this if desired.

The contract is only concluded when HABA Online delivers the ordered goods to the customer (acceptance completed) within 5 days, or when the customer accepts such the order by email for the purpose of concluding the contract.

The contract can be concluded in German. The contract text (consisting of the order, T&C, delivery confirmation and confirmation of contract) is stored by us in compliance with data protection and sent to you via email.

(5)   VAT is included in the prices mentioned on the website. The customer shall also bear the packaging and delivery costs as well as any resulting import duties in accordance with the following terms of delivery.

(6)   Books are subject to the Buchpreisbindungsgesetz [German law governing the resale prices of books], i.e. we are bound by fixed prices and are not allowed to give discounts/rebates. Musical scores, cartographic products, certain CDs, e-books as well as combined products in which one of the above-mentioned products is the main thing are also categorized as books.

(7)   All of the information provided by HABA Online is, unless otherwise indicated, limited to the date on which the customer accesses the website, given that information, offers and the prices on HABA Online are constantly updated.

3. Purchase on approval for CONSUMERS

HABA Online offers purchase on approval, meaning that you can return delivered goods without giving a reason within 14 days of receipt without risk. Personalized items, as well as unsealed CDs, CD-ROMs, DVDs and hygiene products are excluded from such. The purchase contract is binding once you approve the goods received. This approval shall be deemed as given, if you neither return the goods within the 14-day approval period, nor inform us exercising this right. Once approval has been granted, the right of withdrawal as described below shall also apply. You can use the pre-printed withdrawal form on the return receipt to exercise your right of withdrawal. We will assume the postage costs for the return delivery. The easiest way to do this it to send it together with its original packaging and the the return label affixed to the invoice. 

We are of course interested in why you are returning the item. You can list the reason for such on the return delivery note. You can located the nearest austrian post parcel collection point to you by going to https://www.post.at

4. Right of withdrawal for CONSUMERS

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving a reason. The withdrawal period shall be fourteen days from the date on which you or a third party indicated by you, other than the carrier, took possession of the final goods. However, the period shall not begin prior to the purchase agreement becoming binding by your acceptance of the purchased object.

To exercise your right, you must inform us of your decision to withdraw from this contract

HABA Online Shop
Paketfach 90
4000 Linz, Donau
Austria

Telephone: +49 9564 929 6666* (Monday to Friday: 8am – 6pm)
*Regular fixed line tariff from your telephone service provider, cell phone charges may vary
Fax: +49 9564 929 662300
E-Mail: shop@haba.de

by means of a clear declaration (e.g. by a letter sent by mail, fax or email). You can do so via the provided model withdrawal form (available at www.haba.de/withdrawal-germany), however, this is not compulsory.

the exercise of the right prior to the expiration of the withdrawal period.

Effects of withdrawal:

If you withdraw from this contract, we will reimburse the payments we received from you, including the delivery costs (with the exception of the additional costs arising from the fact that you had chosen a different delivery method than the cheapest standard delivery method we offer), and we shall repay such immediately and at the latest within fourteen days from the date on which we received your notification of withdrawal from the contract. We shall refund such using the same payment method that you used in the original transaction, unless you expressly agree otherwise; in which case you will be charged the fees pertaining to this refund. We may withhold the refund until we have received the returned goods, or until you have provide proof that you have returned the goods, whichever is earlier.

You should immediately return or hand over the goods, and in any event no later than fourteen days from the date on which you informed us of your withdrawal from this contract. The deadline is deemed to be met if you send the goods prior to the 14-day deadline expiring.

We will bear the cost of returning the goods.

You only have to pay for the diminished value of the goods, when this value is due to a loss necessary to ascertain the nature, characteristics and functioning of the goods.

Exclusion or premature termination of the right of withdrawal

The right of withdrawal does not apply to contracts

  • the supply of goods which are not prefabricated, and for the production of which, an individual choice or decision by the consumer needs to be taken, or goods which are clearly tailored to the personal needs of the consumer;
  • the supply of goods that can spoil quickly or whose expiration date has passed quickly;
    The right of withdraw shall expire prematurely in contracts
  • for the supply of sealed goods which are not suitable for returns due to reasons of health or hygiene if their seal was removed after delivery;
  • the supply of goods if they were mixed inseparably with other goods due to their nature after delivery;
  • for the supply of audio or video recordings or computer software in a sealed package, if the seal was removed after delivery.

Processing:

In order to ensure efficient processing, the customer is asked to return the goods in their original packaging and with all packaging components or at least within packaging seemed sufficient for transport. Obtain a returns proof of delivery receipt from the transport company responsible for returning the item, and keep this receipt until the end of the consequences of withdrawal period. Please note that the arrangements referred to in this paragraph are not a prerequisite for effectively exercising of the right of withdrawal.

5. Information on electronic orders

(1)   In order to order goods in the HABA Online Shop, the customer must choose from the online sales offer and initially place the product in their "shopping cart". The shopping cart represents a list of goods which the customer has chosen for the purpose of the order by clicking on them. Once an item has been selected, the customer's shopping cart will be displayed. The quantity of the goods can be amended, and they can also be removed from the shopping cart.

(2)   If the shopping cart contains all of the goods required in the necessary quantities, then the order transaction can be continued by pressing the relevant buttons. Please note that the minimum order value is 20.00 euros. The customer will be asked for their billing and delivery address, as well as their desired payment and delivery methods. Prior to placing the final order, all of the order details will be displayed in a summary view, and the customer has another opportunity to correct such.

(3)   If the customer is a consumer, then they shall be required to acknowledge these Terms and Conditions, and to either print them out or save them. If the customer has acknowledged these T&C and have declared that they understand that such are incorporated into the contract, then the order transaction can be continued.

(4)   The order, including the customer's personal data, is stored electronically by HABA Online.

6. Payment terms and retention of title

(1)   Upon conclusion of the purchase agreement, the customer owes the purchase price.

(2)   The preferred payment method is by credit card. The customer declares at this point that they are aware that HABA Online will also settle the order with the credit card company via Online Banking. Alternative payment methods to using a credit card include prepayment and payment via PayPal.

(3)   The goods or service delivered or issued in another manner shall remain the property of HABA Online until payment has been received in full. If the purchase price is not paid in full, then HABA Online is obliged to inform the customer of such forthwith, if the goods are subject to third party rights or other encumbrances of third parties. In the event of resale of the goods under retention of title, the customer assigns all claims to HABA Online resulting from such resale, irrespective of whether this takes place before or after any processing of the goods delivered under retention of title.

7. Delivery conditions

(1)   We only ship to addresses within Germany and Austria:

a)   Standard deliveries are carried out by the parcel service (Austrian post) within 3-5 business days of receiving your order, provided that all of the items are in stock. Different delivery times are indicated in the item description and in the shopping cart. We charge a flat rate of 4.95 euros for delivery and packaging costs.

b)   Express deliveries are not currently available.

(2)   If the goods to be delivered to the customer, the customer has to bear the delivery costs and any applicable import duties. A delivery condition is that they goods are Delivered Duty Unpaid (DDU).

(3)   The delivery costs will be displayed immediately in the online shop prior to placing the order. We reserve the right, in full or temporarily, to only offer standard delivery in our online shop, and/or to temporarily waive the delivery charge.

(4) We will promptly inform you of any delays in delivery.

8. Rights of the customer in case of defects and liability of HABA Online

(1)   The statutory warranty period is two years, and begins on the date of delivery of the goods to the customer or the receipt of the goods by the customer. Our customer service center is available to provide advice and practical help in the event of any issues.

(2)   With regard to customer-alleged defects, HABA Online will resolve such at its discretion, at its own expense by either repairing the product or delivering a new item or one with refurbished parts.

(3)   If repairs or replacement deliveries do not resolve the situation within a reasonable period, the customer can either demand a reduction of the purchase price or can withdraw from the contract.

(4)   Provided there are no other issues, any further claims of the customer, for any legal reasons, are excluded. Therefore HABA Online is not liable for damages which are nor directly attributable to the delivery item itself; and in particular, HABA Online is not liable for lost profits or other financial damages of the customer. As far as the contractual liability of HABA Online is excluded or limited, this also applies to the personal liability of its employees, representatives and agents.

(5)   The above limitation shall not apply if the damage was caused by intent or gross negligence or personal injury. This shall also not apply if the customer files legally regulated claims.

(6)   Unless HABA Online negligently breached a contractual obligation, the obligation to pay damages is limited to typical damages.

(7)   The customer is to provide documentary proof of any externally apparent obvious damage to the packaging of the goods caused by the carrier or freight forwarder without delay.

(8)   If the complaint is not justified and the article is indeed free of defects, HABA Online is entitled to charge the customer a delivery and inspection fee of 40 euros. The customer retains the right to provide proof of lower expenses. In this case, the customer shall also bear the delivery costs.

9. User ID / Password / Customer Key

(1)   Upon acceptance of the registration, HABA Online shall unlock a user account to be used to place and bill orders, and shall notify the customer of such in writing, once the customer has provided their address for such. A user ID, password, and possibly a customer key will then be set up and the customer informed of such, which are used to identify and authorize the customer and therefore may only be used by the customer. The customer undertakes to maintain confidentiality with regard to such, and to prevent third parties from having access to this information.

(2)   If the customer is aware of evidence of third parties became aware of such information received, or if it was provided under duress, they undertake to notify HABA Online immediately of such so that the customer's access can be blocked.

(3)   In the event of default or advance withdrawal of payment authorizations, a termination or block on the specified bank account or if the credit card has expired, HABA Online may terminate your account.

10. Data protection notice

We collect and process personal data for order processing, maintaining customer relations and for our advertising. We will share this information with the necessary parties in this context, e.g. delivery parties. For the purpose of the credit check, the required data will be redirected if necessary to a business information service [name, address].

We also allow carefully selected delivery companies, brand manufacturers and publishers to send you information and offers in the context of advertising. We partially used external service providers for the technical implementation of our data processing.

If you no longer to receive further information and offers from us, you can opt out of either us or third parties using your data for advertising purposes at any time by sending us informal notification of such (by mail: HABA Online Shop, Habermaass GmbH August-Grosch-Str. 28-38, 96476 Bad Rodach, GERMANY; email: shop(at)haba.de).

The responsible party for the HABA online shop with regard to the BDSG is Habermaass GmbH August-Grosch-Straße 28-38, 96476 Bad Rodach.

Our Privacy Policy can be found here.

11. Information about dispute resolution 

Information about dispute resolution:

If disputes between you, the consumer, and us cannot be resolved, then the online dispute settlement procedure is available to you at http://ec.europa.eu/odr/, in accordance with the EU regulation regarding online dispute settlement in consumer affairs (regulation no. 524/2013). Consumers initially have the opportunity to settle any disputes related to their online order without judicial intervention.

Information requirements in accordance with the "Verbraucherstreitbeilegungsgesetz" (consumer dispute resolution law – VSBG)

We will do our best to amicably settle any disputes with the customer that arise from our contract. If, however, it is not possible to reach an agreement then, in disputes that involve an amount of more than €500, we are willing to take part in an arbitration procedure that is free of charge for the customer and implemented by the following recognized arbitration board:

Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e.V. 

Straßburger Straße 8
77694 Kehl am Rhein Germany
Tel: 07851 / 795 79 40
Fax: 07851 / 795 79 41
Email: mail@verbraucher-schlichter.de
www.verbraucher-schlichter.de

If there is still no agreement reached, the client may take legal action.