General Terms and Conditions (GTC)

General Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 Basic provisions

(1) The following terms and conditions apply to contracts that you conclude with us as the provider (Christine Bultmann) via www.herabag.com. Unless otherwise agreed, we object to the inclusion of any terms and conditions of your own that you may use.

(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor attributable to their independent professional activity. An entrepreneur is any natural or legal person or partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their independent professional or commercial activity.

§ 2 Conclusion of the contract

(1) The subject of the contract is the sale of goods.

(2) By listing the respective product on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description.

(3) The contract is concluded via the online shopping cart system as follows: The goods you intend to purchase are placed in the “shopping cart”. You can access the “shopping cart” via the corresponding button in the navigation bar and make changes there at any time.

After clicking the “Checkout” or “Continue to order” button (or similar designation) and entering your personal details as well as the payment and shipping conditions, your order details will finally be displayed in an order overview.

If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as your payment method, you will either be taken to the order overview page in our online shop or redirected to the website of the instant payment system provider.

If you are redirected to the relevant instant payment system, you will make the appropriate selection or enter your details there. Finally, your order details will be displayed as an order overview on the instant payment system provider's website or after you have been redirected back to our online shop.

Before submitting the order, you have the option to review the details in the order overview again, change them (including via the internet browser's “Back” function), or cancel the order.

By submitting the order using the corresponding button (“order with obligation to pay”, “buy” / “buy now”, “place order subject to payment”, “pay” / “pay now”, or similar designation), you declare legally binding acceptance of the offer, thereby concluding the contract.

(4) Your enquiries about preparing an offer are non-binding for you. We will submit a binding offer in text form (e.g. by email), which you may accept within five days (unless a different period is stated in the respective offer).

(5) Order processing and the transmission of all information required in connection with conclusion of the contract take place by email, partly automatically. You must therefore ensure that the email address you have provided to us is correct, that receipt of emails is technically ensured, and in particular that they are not blocked by spam filters.

§ 3 Special agreements concerning payment methods offered

(1) Payment via Klarna

In cooperation with payment service provider Klarna Bank AB (publ) (Sveavägen 46, 111 34 Stockholm, Sweden; “Klarna”), we offer the following payment options. Payments are made to Klarna in each case:

Invoice (“Pay Later”): You can find Klarna's invoice terms for Germany at Klarna invoice terms; the terms for the option to extend the payment deadline can be found at payment deadline extension.

Instalment purchase (“Financing”): Further information on instalment purchases, including the general terms and conditions and the European standard information for consumer credit for Germany, can be found at Klarna financing terms; the terms for the “Pay in 3 instalments” payment option can be found at Klarna Pay in 3 terms.

Direct debit (“Pay Now”)

Credit card (“Pay Now”)

Use of the invoice and/or instalment purchase and/or direct debit payment methods requires a positive credit check. In this respect, we forward your data to Klarna for address and credit checks as part of the initiation and processing of the purchase contract. Please understand that we can only offer you those payment methods that are permitted based on the results of the credit check.

Further information about Klarna and Klarna's terms of use for Germany can be found at Klarna terms and klarna.com/de.

(2) Payment via “PayPal” / “PayPal Checkout”

When selecting a payment method offered through “PayPal” / “PayPal Checkout”, payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A. (22–24 Boulevard Royal, L-2449 Luxembourg; “PayPal”). The individual payment methods available via “PayPal” are displayed under a correspondingly labelled button on our website and during the online ordering process. PayPal may use other payment services to process payments; if special payment conditions apply to these, you will be informed of them separately. Further information about PayPal can be found at PayPal legal terms.

§ 4 Right of retention, retention of title

(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

(3) If you are an entrepreneur, the following additionally applies:

a) We retain title to the goods until all claims arising from the ongoing business relationship have been settled in full. Before ownership of the goods subject to retention of title passes, pledging or transfer of ownership as security is not permitted.

b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims arising from the resale in the amount of the invoice value, and we accept the assignment. You remain authorised to collect the claim. However, if you fail to meet your payment obligations properly, we reserve the right to collect the claim ourselves.

c) If the goods subject to retention of title are combined or mixed with other items, we acquire co-ownership of the new item in proportion to the invoice value of the goods subject to retention of title relative to the other processed items at the time of processing.

d) At your request, we undertake to release the security interests to which we are entitled insofar as the realisable value of our security exceeds the claim to be secured by more than 10%. The selection of the security interests to be released is at our discretion.

§ 5 Warranty

(1) The statutory rights relating to defects apply.

(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage, and to inform us and the carrier of any complaints as soon as possible. Failure to do so does not affect your statutory warranty claims.

(3) If a characteristic of the goods deviates from the objective requirements, the deviation is only deemed agreed if we informed you of it before you submitted your contractual declaration and the deviation was expressly and separately agreed between the contracting parties.

(4) If you are an entrepreneur, the following applies in deviation from the foregoing warranty provisions:

a) Only our own statements and the manufacturer's product description are deemed agreed characteristics of the goods, not other advertising, public promotions or statements by the manufacturer.

b) In the event of defects, we provide warranty performance at our discretion by repair or replacement delivery. If the rectification of defects fails, you may choose to request a price reduction or withdraw from the contract. Rectification is deemed to have failed after a second unsuccessful attempt unless the nature of the goods or defect or other circumstances indicate otherwise. In the event of repair, we are not obliged to bear increased costs arising from moving the goods to a place other than the place of performance, unless such movement is consistent with the intended use of the goods.

c) The warranty period is one year from delivery of the goods. This reduction in the period does not apply:

• to damage attributable to us and culpably caused by injury to life, limb or health, or to other damage caused intentionally or through gross negligence;
• if we fraudulently concealed the defect or assumed a guarantee for the quality of the item;
• to items used for a building in accordance with their usual purpose and which have caused the building to be defective;
• to statutory rights of recourse that you have against us in connection with rights relating to defects.

§ 6 Choice of law

(1) German law applies. For consumers, this choice of law applies only insofar as it does not deprive them of the protection granted by mandatory provisions of the law of the country of their habitual residence (principle of more favourable treatment).

(2) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.

II. Customer Information

1. Identity of the seller

Christine Bultmann
Baumgarten 18
30966 Hemmingen
Germany
Phone: +491606161578
Email: info@checklisten-manager.de

We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.

2. Information about conclusion of the contract

The technical steps leading to conclusion of the contract, conclusion of the contract itself and the available correction options are governed by the provisions on “Conclusion of the contract” in our General Terms and Conditions (Part I).

3. Contract language and storage of contract text

3.1. The contract language is German.

3.2. We do not store the complete text of the contract. Before submitting an order via the online shopping cart system, the contract details can be printed using the browser's print function or saved electronically. After we receive your order, the order details, the information required by law for distance contracts and the General Terms and Conditions will be sent to you again by email.

3.3. For requests for offers outside the online shopping cart system, you will receive all contract details in the form of a binding offer in text form, e.g. by email, which you may print or save electronically.

4. Essential characteristics of the goods or services

The essential characteristics of the goods and/or services are set out in the respective offer.

5. Prices and payment conditions

5.1. The prices shown in the respective offers and the shipping costs are total prices. They include all price components, including any applicable taxes.

5.2. The shipping costs incurred are not included in the purchase price. They can be accessed via a correspondingly labelled button on our website or in the respective offer, are shown separately during the ordering process and must be paid by you in addition, unless free delivery has been promised.

5.3. For deliveries to countries outside the European Union, additional costs beyond our control may arise, such as customs duties, taxes or money transfer fees (bank transfer or currency exchange fees charged by financial institutions), which must be borne by you.

5.4. Costs incurred for money transfers (bank transfer or currency exchange fees charged by financial institutions) must be borne by you in cases where delivery takes place to an EU member state but payment is initiated outside the European Union.

5.5. The payment methods available to you are shown under a correspondingly labelled button on our website or in the respective offer.

5.6. Unless otherwise specified for individual payment methods, payment claims arising from the concluded contract are due immediately.

6. Delivery conditions

6.1. Delivery conditions, delivery dates and any existing delivery restrictions are set out under a correspondingly labelled button on our website or in the respective offer.

6.2. If you are a consumer, the law provides that the risk of accidental loss and accidental deterioration of the goods sold during shipment passes to you only when the goods are handed over to you, regardless of whether shipping is insured or uninsured. This does not apply if you independently commissioned a transport company not designated by the trader or another person appointed to carry out the shipment.

If you are an entrepreneur, delivery and shipment are at your risk.

7. Statutory rights relating to defects

Liability for defects is governed by the provisions on “Warranty” in our General Terms and Conditions (Part I).

These General Terms and Conditions and Customer Information were prepared by lawyers specialising in IT law at Händlerbund and are continuously reviewed for legal compliance. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of legal warnings. Further information can be found at haendlerbund.de.

Last updated: 22 October 2024.