General Terms of Sale (GTS)

Last update: April 20, 2018

1. Scope, contracting parties, delivery restrictions

(1) These General Terms of Sale apply without restriction or reservation to all sales concluded on this online sales site between, HABA Online Shop (hereinafter "HABA Online") and any customer (hereinafter "the Customer") wishing to acquire the products (hereinafter "the Products"). These General Terms of Sale (hereinafter “GTS" or "General Terms of Sale”) are supplemented by the General Terms of Site Use and the Policy relating to the protection of users' personal data.

Identity of the company:

HABA Online Shop,
Habermaass GmbH
August-Grosch-Str. 28-38,
96476 Bad Rodach, GERMANY,

registered in the Commercial Register of the District Court of Coburg, Germany under the reference HRB 256, intra-Community VAT no.: DE 132 453 565, represented by the managing partner: Klaus Habermaass and the managers: Arnd Mückenberger, Tim Steffens

tel. +49 9564 929 6666
(Monday through Friday: 8 am to 6 pm - your provider’s regular fixed line or mobile device rates will apply);

fax +49 9564 929 662300;

email: shop(at)haba.de.

(2) HABA Online only sells its products to end consumers acting outside of any professional activity for strictly personal use. HABA Online reserves the right to refuse any Order that clearly does not correspond to a retail sale. Anyone who does not meet this definition is invited to contact HABA Online by email or telephone to learn the applicable ordering terms.

(3) The Products presented on this website are offered for sale only in mainland France. In case of an order to a country or a territory other than mainland France, the Customer is invited to contact HABA Online, which will define the specific terms applicable to the operation.

(4) By clicking on the links displayed on our online sales site, you will be able to consult our General Terms of Sale at any time, save them on your computer and/or print them.

(5) When placing your order, you will be invited to read and accept them. Once the sale is complete, we will send you our GTS on a permanent data carrier (for example: email, PDF attachment or paper), either with the order and shipping confirmation, or with the delivery of the goods.

2. Information on electronic ordering methods

(1) Before selecting a Product and placing it in the shopping cart, the Customer is invited to refer to each Product’s description in order to learn its essential properties and characteristics.

(2) Once a Product has been chosen by the Customer, the shopping cart is displayed. By clicking on the cart, the Customer has the opportunity to see all the Products that have been selected for ordering. The number of Products may be changed at any time until the order has been validated by the Customer.

(3) Once the cart contains all desired items in the desired number, the ordering process can be continued by clicking the corresponding button.

(4) Please note that only an order with a minimum value of €20.00 may be placed.

(5) The Customer is then asked to complete the billing and delivery addresses and to choose the payment and shipping methods. The Customer must pay careful attention to the accuracy of the information provided, as he/she will be solely responsible for any errors.

(6) Before the order is confirmed, an overview of all the order information is displayed. At that time, the Customer can make any necessary corrections.

(7) When the Customer declares to have read these general terms of sale and agreed to take them into account in the contractual relationship, the ordering process may continue.

(8) The order, including the Customer's personal data, is electronically registered by HABA Online.

(9) By validating the order, the Customer is deemed to have accepted the current General Terms of Sale as well as all the data entered during the order. The order becomes final and cannot be canceled by the Customer.

(10) The Seller will then send an order confirmation email.

(11) HABA Online reserves the right to cancel the contract due to events unattributable to it that would prevent delivery of the goods.

(12) In order to prevent identity theft or fraudulent payment, the Seller reserves the right to verify the personal data provided by the Customer and to take all necessary measures to verify that the person who placed the order is the person holding the Customer account and/or the means of payment used. The Seller reserves the right as necessary to cancel or refuse any order from a Customer with whom there is a dispute over the payment of a previous order.

3. Information on CONSUMERS’ legal right of cancellation

Right of cancellation

Once the sale is concluded, you have the right to cancel the contract within fourteen days without having to justify the decision. The fourteen day period runs from the day on which you, or a third party named by you who is not the carrier, have/has taken possession of the last goods.
In order to exercise your right of cancellation, you must inform us by means of an unequivocal statement (for example a letter sent by post, fax or email) as to your decision to cancel the contract, sent to:

HABA Online Shop
Habermaass GmbH
Werner-von-Siemens Str. 23
96476 Bad Rodach
Germany

Telephone: +49 9564 929 6666* (Monday through Friday: 8 am to 6 pm)

Your provider’s regular fixed line or mobile device rates will apply)

Fax: +49 9564 929 662300

Email: shop(at)haba.de

To do this, you can use the model with drawal form provided in Appendix 1.

To meet the cancellation deadline, it is sufficient to send notification of exercising the right of cancellation before expiry of the cancellation period.

Consequences of cancellation

In case of cancellation, we shall refund all sums we have received from you, including delivery charges (except for additional charges due to your choice of a delivery method different from the standard delivery that we offer), without delay and at the latest within fourteen days from the day we received the notification of your cancellation of this contract. For this refund, we will use the same method of payment as the one used in the initial transaction, unless otherwise agreed with you. We may refuse to refund until we have received the returned goods or until you have provided proof that you returned the goods, whichever occurs first.

Whatever the circumstances, you must return or deliver the goods to us at the latest within fourteen days from the time you inform us of exercising your right of cancellation. The deadline is met when you ship the goods before the expiration of the fourteen-day period.

The cost of returning goods is our responsibility.

You should only have a loss in value of the Products if such loss results from manipulations on your part other than those necessary for the verification of the Product’s characteristics, properties and good functioning.

Exemptions from the right of cancellation

The right of cancellation is not valid for orders relating to:

  • Products made to the customer's specifications or clearly personalized
  • sealed Products, which for reasons of health protection or hygiene are not suitable for a return once unsealed upon delivery
  • Products that have been inseparably mixed with other goods after delivery due to their properties
  • audio or video recordings or computer software in a sealed package when it is removed upon delivery.

In order to ensure the fastest possible processing of your request, we invite customers to return the Products to the extent possible in the original packaging with all packaging elements or at least in a suitable transportation packaging. Ask the company mandated for the return shipping to give you a confirmation of receipt and keep it until the cancellation procedure is completed.

4. Contractual right and period of cancellation

In order to better meet the expectations of its customers, HABA Online extends the right of cancellation by 14 days, meaning that you can return the delivered goods without justification within a total of 28 days from receipt without charge or risk.

Exempt from this provision are articles made especially for you with a signature, as well as CDs, CD-ROMs, DVDs and sealed hygienic items. The purchase contract binds you upon receipt of the goods as a result of your acceptance. Acceptance occurs when, within the 14-day acceptance period following the expiry of the legal cancellation period, you neither send us a contrary message or return the delivered goods. After acceptance, you also have the cancellation right described below.

The procedures for exercising this contractual cancellation right are described in Article 3 of these General Terms of Sale.

We take care of the return shipping costs. The easiest way is to use the original packaging by affixing the adhesive return sticker attached to the invoice. Of course, we would like to know why you are returning the article. That is why you have the option of writing your reason on the return slip. You can find a nearby UPS drop-off point at https://www.ups.com/fr/fr/Home.page.

5. Payment terms and title retention

(1)    With the conclusion of the sales contract, the Customer must pay the selling price.

(2)    The prices in effect are those indicated on the online sales site of HABA Online at the time of the order.  They are exclusively valid for orders placed on the online sales site. In particular, they do not apply to offers made in Seller's stores.

(3)    The selling price plus shipping cost is immediately due upon conclusion of the contract, without reduction. Payment of the sale price and shipping cost is made, at the Customer's option, in one of the ways indicated as part of the payment process. In case of payment by credit card, the entity that issued the Customer's credit card is responsible for collecting the invoice amount as soon as the Customer has made the order. Payment is preferably made by credit card. In compliance with Article L. 132-2 of the Monetary and Financial Code, the commitment to pay given by means of a payment card is irrevocable. By communicating the information relating to the credit card, the Customer authorizes HABA Online to debit the amount corresponding to the all-inclusive price from the Customer’s bank account.. Payment prepayment and payment by PayPal are also possible.

(4)    All prices must be included as the price applied to the end customer, including the VAT in force.

(5)    In the event of late payment by the Customer, the Seller may charge default interest in an amount equal to the legal interest rate.

(6)    Payments made by the Customer will not be considered final until the sums due by the Seller have been paid.

(7)    The Seller reserves the right, in case of non-compliance with the terms of payment listed above, to suspend or cancel the delivery of orders-in-progress placed by the Customer.

(8)    In addition, the delivered Products remain the property of HABA Online until full payment has been made. If the sale price is not paid in full, the Customer must inform HABA Online without delay in writing when the Products are subject to the rights or other interventions of third parties. In case of resale of the merchandise subject to title retention, the Customer a priori assigns all the outstanding sums arising from such resale to HABA Online, whether it occurs before or after a possible transformation of the supplied goods subject to title retention.

(9)    The value added tax in effect at the time of the order is included in the prices listed on the website. In addition, the cost of packing and shipping and any due customs duties are the Customer’s responsibility, under the delivery terms in Article 6.

(10)    Books are subject to German legislation on book prices, meaning that prices are defined by law and are not subject to discounts or rebates. Also included in the category of books are musical scores, cartographic products, certain CDs, digital books and batch products in which one of the above-named products constitutes the main item.

6. Shipment and delivery terms

(1)    Delivery takes place without delay after receipt of payment (Article 5 of the General Terms of Sale) to the delivery address indicated by the Customer, to the extent that no other provision has been agreed in writing.

(2)    We deliver exclusively to delivery addresses located in mainland France.

(3)    Standard deliveries are handled by a courier and parcel carrier (UPS) - within six to eight business days of receipt of your order, provided that all items are in stock. Any different delivery times are indicated in the item descriptions and in the shopping cart. We charge a fee of €8.95 for shipping and packing.

(4)    Currently, express deliveries are not possible.

(5)    To the extent that the goods are to be sent to the Customer, the latter bears the shipping costs and any customs duties that may apply. The delivery terms correspond to Delivered Duty Unpaid (DDU, delivered duty unpaid). If additional shipping costs should be charged to the Seller due to an incorrect indication of the delivery address or the addressee attributable to the Customer, they must be reimbursed by the latter.

(6)    The shipping costs are also displayed immediately before issuing the order in the online store.

(7)    You will be informed without delay in case of late delivery.

7. Customer's rights in case of defects and HABA Online’s liability

(1)    The Customer must report obvious damage visible on the exterior of the shipping packaging without delay to the carrier and to HABA Online via the messaging service.

(2)    The Products supplied by the Seller are fully entitled, without additional payment and independently of the right of cancellation and in accordance with legal provisions, to:

  • the legal warranty of conformity, for Products apparently defective, ruined, damaged or not corresponding to the order;
  •  the legal warranty against hidden defects resulting from any defect in material, design or manufacturing affecting the delivered products and rendering them unfit for use, under the terms and according to the methods referred to in the box below and defined in the appendix to these General Terms of Sale (Warranty of Conformity Warranty/Hidden Defects Warranty).

(3)    It is recalled that within the framework of the legal warranty of conformity, the Customer benefits from a period of two years from the delivery of the item to make a claim against the Seller. The Customer may choose between the repair or the replacement of the ordered Product, subject to the cost conditions envisaged by Article L. 217-9 of the Consumer Code: the Customer is exempted from providing the proof of the existence of the Product’s nonconformity during the 24 months following its delivery.

(4)    The legal warranty of conformity applies regardless of the commercial warranty that may cover the Product. The Customer may decide to implement the warranty against hidden defects of the Product according to Article 1641 of the Civil Code; in that case, the Customer may choose between cancellation of the sale or a reduction in the selling price as stipulated in Article 1644 of the Civil Code.

(5)    In order to assert these rights, the Customer shall inform the Seller in writing of the Product’s nonconformity or the existence of hidden defects within the above-mentioned deadlines and resend the defective item or return it to a store in the state in which it was received with all the components (accessories, packaging, instructions, etc.).

(6)    In the absence of refurbishment or replacement deliveries within a reasonable time, the Customer may optionally require the reduction of the sale price or the cancellation of the sales contract and a refund for the Product(s) deemed noncompliant or defective into the Customer’s bank account.

(7)    The shipping costs will be refunded on the basis of the invoiced rate and the return costs will be reimbursed upon presentation of receipts.

(8)    HABA Online’s responsibility under the obligations of the present General Terms of Sale cannot be invoked in a case where the non-performance of its obligations would be imputable to the action of a third party even if it was foreseeable, to the fault of the buyer, or the occurrence of an event of force majeure as defined by the French courts or any other event that has not been reasonably under the exclusive control of HABA Online. HABA ONLINE DISCLAIMS ANY LIABILITY FOR DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT FORESEEABLE, which did not occur to the delivered item itself.

(9)    The aforementioned limitation of liability does not apply to the extent that the damage is intentional or due to gross negligence or in case of personal injury. In addition, it also does not apply when the Customer makes claims under the law.

(10)    If the claim is unfounded and the item is free from defects and defects, HABA Online is entitled to charge the Customer a shipping and inspection fee of €40. In that case, the Customer must also pay the shipping costs.

8. User ID/password/Customer key

(1)    Upon acceptance of the registration, HABA Online activates a user account for the execution and payment of orders and communicates it to the Customer in writing, once the latter has entered his/her address. In doing so, a user ID, a password and possibly a Customer key used for the identification and authentication of the Customer are set up and communicated. They should only be used by the Customer him- or herself. The Customer must treat the data carefully and confidentially and protect it from the knowledge of third parties.

(2)    If the Customer has reason to believe or if it has become apparent that an unauthorized third party has become aware of such data, the Customer must inform HABA Online immediately so that Client's access will be locked.

(3)    In the event of late payment or early cancellation of the debit authorization, closure or blocking of the indicated bank account or in case of the credit card’s expiry, HABA Online is entitled to block the user’s account.

9. Data protection declaration

HABA Online collects the buyer’s personal data and, where applicable, that of the recipient of the order. The purposes, recipients and the conditions under which HABA Online collects and processes personal data are set out in the User’s Personal Data Privacy Policy that you can find on this online sales site or by clicking here.

10. Clarification of dispute resolution

In the event of a dispute that we cannot resolve, you may use the online dispute resolution procedure at http://ec.europa.eu/odr/ in compliance with the EU Regulation on the online settlement of consumer disputes (Regulation 524/2013).

We strive to amicably settle any differing points of view arising from our contract with the Customer. If such a procedure does not allow us to agree, we are open to the execution of a mediation procedure at no cost to the Customer. We invite Customers wishing to use a mediator to contact the European Consumer Center France, whose mission is to inform and assist French consumers in matters of consumer law.

The Center will refer the Customer back to the competent German mediator.

The European Consumer Center France can be reached at:
Bahnhofsplatz 3
77694 Kehl, Germany


Online contact form: https://www.europe-consommateurs.eu/fr/une-question-une-reclamation/
In the absence of an agreement, the Client may choose a judicial remedy.

11. Applicable law/Final provisions

German law applies with the exception of the United Nations Convention on Contracts for the International Sale of Goods. The mandatory provisions of the State in which the consumer normally resides are not affected.
 

ANNEX 2: PROVISIONS RELATING TO LEGAL WARRANTIES

Article L217-4 of the Consumer Code

The seller is required to deliver an item in compliance with the contract and is liable for any lack of conformity existing at the time of delivery. The seller is also responsible for any nonconformity resulting from the packaging, the assembly instructions or the installation when incumbent upon it under the contract or carried out under its responsibility.

Article L217-5 of the Consumer Code

The item is compliant with the contract:
1st If it is suitable for the customary use of a similar item and, where applicable:

  • if it corresponds to the description given by the seller and possess the qualities presented to the buyer in the form of a sample or a model;
  • if it has the qualities that a buyer can legitimately expect in the light of the public statements made by the seller, the producer or its representative, particularly in advertising or labeling;

2nd Or if it has the characteristics defined by mutual agreement by the parties or be fit for any special purpose sought by the buyer, made known to and accepted by the seller.

Article L217-12 of the Consumer Code

Action resulting from the nonconformity shall lapse two years from the delivery of the item.

Article L217-16 of the Consumer Code

When the buyer, in the term of the commercial warranty granted during the acquisition or the repair of a piece of movable property, asks the seller for a restoration covered by the warranty, any period of downtime of seven days or more shall be added to the remaining duration of the warranty. This period runs from the buyer’s request for intervention or the submission of the item in question for repair, if said submission is subsequent to the request for intervention.

Article 1641 of the Civil Code

The seller is bound by the warranty by reason of hidden defects in the sold item that render it unsuitable for the use for which it is intended, or diminish the use so much that the buyer would not have acquired it, or not would have given a lower price, had they been known.

Article 1648 paragraph 1 of the Civil Code

The action resulting from the latent defects shall be brought by the purchaser within two years from the discovery of the defect.