Terms and Conditions

General terms and conditions
of the company:
HaeSt Haedicke & Stiller OHG
Ruth-Zimmermann-Str. 1, 38304 Wolfenbüttel, Germany
Phone: +49 5331-501348
Fax: +49 5331-857004
E-Mail: mail@haest.de

1. General information

1.1. The company HaeSt Haedicke & Stiller OHG (hereinafter referred to as “HaeSt”) offers items for sale to buyers via the online store haest.de.

1.2. The following general terms and conditions (GTCs) apply to all business relationships between the buyer and HaeSt that are established via the online store.

1.3. These GTCs apply both to entrepreneurs within the meaning of Section 14 of the Federal Code (BGB) and to consumers within the meaning of Section 13 BGB. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is acting in the exercise of their commercial or independent professional activity.

2. Offer, acceptance, and conclusion of contract

2.1 The product descriptions contained in the seller’s online store do not constitute binding offers on the part of HaeSt but serve to enable the submission of a binding offer by the buyer.

2.2 The buyer can initially place the seller’s products in the shopping cart without obligation and correct their personal entries at any time before submitting their binding order by using the correction aids provided and explained for this purpose in the order process.

2.3 Before completion of the order process, the shopping cart can be changed at any time using the navigation bar. The buyer has the opportunity to check all details before final submission of the order. Any errors in the entries are displayed; the buyer is requested to correct the associated input boxes. Furthermore, the buyer has the option of canceling the purchase at any time by leaving the online store website. The buyer places the order at the end of the online ordering process by clicking the “Order with obligation to pay” button. Immediately after the buyer submits the order, HaeSt will confirm receipt of the order by e-mail. However, the automatically generated e-mail order confirmation does not constitute acceptance of the offer but merely documents that the order has been received by HaeSt.

2.4 The point in time at which the contract with HaeSt is concluded depends on the payment method the buyer selects:

Cash on delivery, purchase on account, SEPA direct debit:
HaeSt accepts the buyer’s order by sending a declaration of acceptance in a separate e-mail or by delivering the goods.

PayPal:
During the ordering process, the buyer is redirected to the website of the online payment provider PayPal. There the buyer can enter their payment details and confirm the payment instruction with PayPal. HaeSt will ask PayPal to initiate the payment transaction after the order has been placed in the store; HaeSt thereby accepts the buyer’s offer.

PayPal Plus:
As part of the PayPal Plus payment service, HaeSt offers the buyer various payment methods as PayPal services. After placing the order, the buyer will be redirected to the website of the online provider PayPal to enter their payment details and confirm the payment instruction to PayPal. This concludes the contract with HaeSt.

Advance payment:
HaeSt accepts the order by sending the automatic order confirmation, in which the bank details are communicated to the buyer.

Immediate direct debit:
After placing the order, the buyer is redirected to the website of the online provider Sofort GmbH, where they confirm the payment instruction. This concludes the contract with HaeSt.

2.5 If an order cannot be accepted for any reason, HaeSt will inform the buyer immediately. In such a case, HaeSt shall immediately refund any payments already made by the buyer.

3. Shipping

(1) When the goods are shipped to the buyer, the risk transfers to business customers upon the handover of the goods to the shipping company and to consumers upon the handover of the goods by the shipping company to the buyer.
(2) If HaeSt is unable to deliver due to circumstances beyond their control, such as force majeure, the buyer’s right to demand delivery will be forfeited. In such cases, HaeSt shall cancel the order, inform the buyer immediately of the cancellation, and refund the amounts paid towards the purchase price without delay.

4. Terms of payment and prices

4.1 The prices quoted by HaeSt are total prices and include the statutory value-added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.

4.2 The purchase price shall be due for payment upon delivery of the purchased item to the buyer and receipt of the invoice, except in the case of advance payment.

The following payment methods are available to the buyer in the HaeSt store:

Advance payment:

The seller sends a separate e-mail in which they provide their bank details. The goods are delivered after receipt of payment.

Cash on delivery:

The buyer pays the purchase price directly to the delivery person. There is an additional charge of EUR 6.00. A fee of EUR 19.00 will be applied for oversized shipments. The buyer can determine when a shipment is considered oversized by reviewing the shipping conditions.

Paypal:

During the ordering process, the buyer is redirected to the website of the online provider PayPal. To pay the invoice amount via PayPal, the buyer must be a registered PayPal user, verify their credentials, and confirm the payment instructions to HaeSt. After the buyer places the order in the store, HaeSt asks PayPal to initiate the payment transaction.
PayPal automatically carries out the payment transaction immediately thereafter. The buyer receives further information when the order is processed.

PayPal Plus:

As part of the PayPal Plus payment service, HaeSt offers various payment methods as PayPal services. During the ordering process, the buyer is redirected to the website of the online provider PayPal. To pay the invoice amount via PayPal, the buyer must be a registered PayPal user, verify their credentials, and confirm the payment instructions to HaeSt. After the buyer places the order in the store, HaeSt asks PayPal to initiate the payment transaction.
PayPal automatically carries out the payment transaction immediately thereafter. The buyer receives further information when the order is processed.

If the buyer selects the credit card payment method, they do not need to be registered with PayPal to pay the invoice amount. The credit card company will process the payment transaction through PayPal once the payment instruction is confirmed and the buyer’s identity as the legitimate cardholder is verified. The buyer’s card will then be charged accordingly. The buyer receives further information when the order is processed.

If the buyer has selected the direct debit payment method, they do not need to be registered with PayPal to be able to pay the invoice amount. By confirming the payment instruction, the buyer issues a direct debit mandate to PayPal. PayPal will notify the buyer in advance about the date on which the account will be debited (known as prenotification). By submitting the direct debit mandate immediately after confirmation of the payment instruction, PayPal requests the buyer’s bank to initiate the payment transaction. The payment transaction is executed, and the buyer’s account is debited. The buyer receives further information when the order is processed.

If the buyer has chosen the payment method “purchase on account,” they do not have to be registered with PayPal to be able to pay the invoice amount. After a successful address and credit check and submission of the order, the seller HaeSt assigns the claim to PayPal. In this case, the buyer is only able to make payment to PayPal with the effect of discharging the debt. In addition to our GTCs, PayPal’s GTCs and Privacy Policy apply to payment processing via PayPal. Further information and PayPal’s full GTCs for purchasing on account: https://www.paypal.com/de/webapps/mpp/ua/pui-terms?locale.x=de_DE .

SEPA direct debit procedure:
By submitting the order, the buyer issues a SEPA direct debit mandate to HaeSt. Haest will notify the buyer in advance about the date on which the account will be debited (known as prenotification). By submitting the SEPA direct debit mandate, HaeSt requests its bank to initiate the payment transaction. The payment transaction is executed automatically, and the buyer’s account is debited. The account will be debited before the goods are dispatched.
The period for advance notification of the date of the account debit (known as the prenotification period) is one day.

Immediate direct debit:
After placement of the order, the buyer is redirected to the website of the online provider Sofort GmbH. To pay the invoice amount via immediate direct debit, the buyer needs to have an online banking account with the PIN/TAN procedure activated for immediate direct debit participation. They must then authenticate themselves and confirm the payment instruction to HaeSt. The buyer will also receive further information during the ordering process. The payment transaction is carried out immediately afterward by Sofort, and the buyer’s account is debited.

Purchase on account:
Commercial buyers make payment for their purchases by bank transfer to HaeSt’s bank account after receiving the goods and invoice. HaeSt reserves the right to offer purchase on account only after a successful credit check.

5. Notification of transport damage

5.1. The buyer shall support HaeSt to the best of its ability in the event of transport damage, if and insofar as claims are asserted against the relevant transport company or the transport insurance company.

5.2. If the (partial) loss or damage is immediately recognizable from the outside, the buyer must report this to HaeSt within ten days of delivery in order to ensure that any claims against the transport company can be asserted in good time.

5.3. Any rights and claims of the buyer, especially in cases of defective goods, are not restricted by these provisions. As a result, there is no limitation period for the buyer’s rights under Section 8 of these GTCs.

6. Retention of title

6.1 HaeSt retains title to the items sold to consumers until the purchase price has been paid in full; HaeSt retains title to the items sold to entrepreneurs until all claims arising from the ongoing business relationship have been settled in full.

6.2. The buyer is obliged to treat with care the goods to which title has been retained.

6.3. During the period of retention of title, the buyer is obliged to notify HaeSt immediately of any access by third parties to the goods as well as any damage to or destruction of the goods and to provide all information and documents necessary to protect the rights of the owner.

7. Warranty and guarantee conditions

The warranty for material defects and defects of title shall be governed by the provisions set out below. Any inquiries and/or complaints must be addressed to us using the contact details above.

7.1. The statutory warranty rights apply; signs of wear and tear and signs of use are not covered by this.

7.2. HaeSt does not give any warranties of its own; warranty declarations by third parties, such as manufacturer’s warranties, remain unaffected by this.

8. Limitation of liability

8.1. In accordance with the statutory provisions, HaeSt shall be liable without limitation for damages resulting from injury to life, body, or health that are based on an intentional or negligent breach of duty as well as for other damages that are based on an intentional or grossly negligent breach of duty as well as fraudulent intent. In addition, HaeSt shall be liable without limitation for damages that are covered by liability under mandatory statutory provisions, such as the Product Liability Act.

8.2. HaeSt shall be liable for damages caused by simple or slight negligence insofar as this negligence concerns the breach of such contractual obligations, compliance with which is of particular importance for achieving the purpose of the contract (cardinal obligations). HaeSt’s liability shall be limited to the foreseeable and direct average damage typical for the contract.

8.3. In the event of simple or slightly negligent breaches of insignificant contractual obligations, HaeSt shall be liable to consumers but limited to the foreseeable, direct average damage typical of the contract.

9. Complaints procedure

9.1.Platform of the EU Commission for online dispute resolution: www.ec.europa.eu/consumers/odr

9.2. The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

10. Final provisions

10.1. The contractual language is English.

10.2. Own storage of contract text

We do not store the contract text. However, the buyer has the possibility to view their most recent orders on their customer account. The full text of the contract is not accessible there.

10.3. The legal relationship between HaeSt and the buyer shall be governed by the laws of the Federal Republic of Germany unless they conflict with the binding laws of the buyer’s country.

10.4. If the buyer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be HaeSt’s place of business. The same shall apply if the buyer does not have a general place of jurisdiction in Germany or if their domicile or habitual residence is unknown at the time the action is filed. This shall not affect the right to bring an action before a court at another statutory place of jurisdiction.