GENERAL TERMS AND CONDITIONS
1. TERMS AND CONDITIONS
GTC
The present General Terms and Conditions.
BUSINESS LOCAL
The business premises of Hanehus at Janschkygasse 6, 3400 Klosterneuburg-Weidling (Austria).
PURCHASER
The natural or legal person who enters into contact with the SELLER with regard to the PRODUCTS and – in the event of a CONTRACT being concluded – purchases the goods from the SELLER or undertakes to purchase the goods.
PRODUCTS
The Products are all goods and services offered for sale by the SELLER at https://hanehus.com/en/products/.
SELLER
DI Benedikt Stimpfl-Abele, Janschkygasse 6, 3400 Klosterneuburg-Weidling (Austria).
CONTRACT
The contract regulates the contractual conditions for the purchase of the PRODUCTS offered by the SELLER by the BUYER. The present GTC, the OFFER accepted by the BUYER and all other terms and conditions agreed in writing between the SELLER and the BUYER shall form part of the Contract.
WEBSITE
The homepage www.hanehus.com including all Internet pages assigned to this domain.
WEBSHOP
The Internet site https://hanehus.com/en/products/ including all Internet pages assigned to this site.
2. GENERAL
Offers, deliveries and other services by the SELLER are provided exclusively on the basis of these GTC and other written agreements between the BUYER and the SELLER.
Acts of fulfillment of the contract by the SELLER shall not be deemed as consent to deviating contractual conditions.
3. ORDER REQUEST (WEBSHOP)
As long as the WEBSHOP is not yet available, the order request shall be made by e-mail or telephone.
4. Offer and conclusion of contract
Once the ORDER REQUEST has been placed, the BUYER receives an automatically generated QUOTE by e-mail, usually within 48 hours. This OFFER can be accepted in writing within a validity period of 4 weeks (hereinafter referred to as “OFFER PERIOD”) from receipt.
If the BUYER accepts the OFFER in writing within the OFFER PERIOD, a mutually binding CONTRACT shall be legally concluded, whereby these GTC shall become an integral part of the contract.
Usually within 48 hours of written acceptance of the QUOTE, the BUYER shall receive an automatically generated INVOICE by e-mail. The INVOICE also serves as an order confirmation and states the calculated DELIVERY DATE. The exact DELIVERY DATE will be agreed between the SELLER and the BUYER in good time.
If the BUYER allows the QUOTE DEADLINE of 4 weeks to elapse without a response, the QUOTE shall lose its validity and a new QUOTE must be requested.
5. Prices and payment
The price of the goods is inclusive of VAT and is displayed on the WEBSITE. Shipping costs will be charged additionally according to expenditure.
The BUYER can pay the purchase price by bank transfer or Paypal.
6. PROPERTY
The goods remain the sole unrestricted property of the SELLER until all obligations arising from the contract have been fulfilled (full payment of the price and shipping costs).
7. Delivery or transfer
An order will only be dispatched or handed over when the SELLER has received the full PURCHASE PRICE including shipping costs and statutory VAT according to the invoice from the BUYER.
After receipt of the order confirmation by the BUYER, the delivery time is usually a maximum of 3 weeks, whereby the SELLER will coordinate the exact delivery or handover date with the BUYER in good time.
Deliveries that are returned to the SELLER because the BUYER was unable to accept the goods on the agreed delivery date or the delivery address provided by the BUYER was incorrect are deemed to be failed deliveries. In this case, the BUYER will also be charged the shipping costs for the second delivery.
8. DAMAGED GOODS
The BUYER is solely responsible for carefully checking the packaging and the goods for damage and completeness immediately upon collection from the SHOP or upon receipt of the delivery by an external carrier. If damage is found, the BUYER must inform the SELLER immediately in writing (hello@hanehus.com), without this having any negative legal consequences for the customer, who is a consumer within the meaning of the Consumer Protection Act. If the BUYER fails to comply with this duty to inform, the goods shall be deemed to have been accepted. After the expiry of 14 days from collection or delivery, the delivery shall in any case be deemed to have been accepted.
The SELLER shall not be liable for any damage caused by the BUYER when opening the packaging or unpacking the goods.
If the goods are defective or have been damaged while the risk was still on the SELLER’s side, the BUYER must keep the original packaging in good condition. The SELLER shall replace the defective or damaged goods.
9. Statutory warranty and compensation for damages
In the event of defective GOODS, the BUYER shall be entitled to rectification or replacement. The SELLER shall coordinate the procedure with the BUYER. A claim for price reduction or rescission shall only exist if the SELLER rejects a justified claim for improvement or replacement or does not comply with such a claim within a reasonable period of time.
Warranty claims or claims for damages by the BUYER that go beyond the statutory warranty are generally excluded, whereby the exclusion of liability towards consumers within the meaning of the Austrian Consumer Protection Act (KSchG) only applies in cases of slight negligence. In any case, claims arising from injury to life, limb or health or from breach of essential contractual obligations are excluded from this.
The natural product wood
All PRODUCTS are made of wood. Thanks to the knots and growth rings, each piece has a special grain and different shades of color. Due to fluctuations in light intensity and humidity, the external appearance is subject to constant change. Among other things, this results in natural “darkening”.
If the wood is exposed to the weather without any protection, damage can occur after just a few weeks. All PRODUCTS should therefore be given appropriate surface protection. To prevent subsequent damage, the wood protection should be renewed after one or two years at the latest.
10. RIGHT OF WITHDRAWAL
If the PURCHASER is a CONSUMER, he has a statutory 14-day right of withdrawal. The BUYER may withdraw from the CONTRACT during this period without giving any reason.
In order to exercise the right of withdrawal, the BUYER must inform the SELLER in writing.
If the GOODS were manufactured specifically at the BUYER’s request, the right of withdrawal does not apply.
11. PRODUCT SAFETY
MAGNETS
The PRODUCTS contain magnets. The SELLER is not liable for damage caused by improper use or handling of the magnets. The following warnings must always be observed:
Magnets require careful handling: There is a risk of crushing and magnets can shatter on impact.
Magnets must not be sawn or drilled through. They must also not be worked on with files.
Magnets do not belong in the hands of children.
Magnets can affect the function of pacemakers. Therefore, the greatest possible distance should be maintained.
Hard disks and EC cards as well as other electronic devices such as televisions, monitors and watches are susceptible to strong magnetic fields. There is a risk of data loss and damage to the devices.
CHILDREN
The PRODUCTS are not designed as children’s toys and in particular are not suitable as climbing frames. In the event of misuse of the PRODUCTS, the SELLER accepts no liability whatsoever and any compensation for damages is excluded.
12. DATA PROTECTION
Detailed data protection provisions regarding the collection and use of personal data can be found at www.hanehus.com/datenschutz.
13. FORCE MAJEURE
If the SELLER is unable to deliver the PRODUCTS purchased by the BUYER due to FORCE MAJEURE, the SELLER shall inform the BUYER thereof without delay.
14. CHOICE OF LAW, PLACE OF JURISDICTION
Austrian law shall apply. The applicability of the UN Convention on Contracts for the International Sale of Goods is expressly excluded. The contract language is German. The contracting parties agree on Austrian, domestic jurisdiction.
15. FINAL CLAUSE
Should one or more of the above clauses be invalid, this shall not affect the other provisions or the underlying legal relationship.