Terms of service

Table of contents

1. Scope
2. Conclusion of the contract
3. Right of withdrawal
4. Prices and payment terms
5. Delivery and shipping terms
6. Retention of title
7. Liability for defects (warranty)
8. Applicable law
9. Jurisdiction
10. Alternative dispute resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter “Terms”) of Hausmann Care GmbH (hereinafter “Seller”) apply to all contracts for the delivery of goods concluded between a consumer or trader (hereinafter “Customer”) and the Seller in relation to the goods displayed in the Seller’s online shop. The inclusion of the Customer’s own terms is hereby rejected unless otherwise agreed.

1.2 A consumer within the meaning of these Terms is any natural person entering into a legal transaction for purposes that predominantly fall outside their trade, business or profession.

1.3 A trader within the meaning of these Terms is a natural or legal person or a partnership with legal capacity acting in the exercise of their trade, business or profession when entering into a legal transaction.

2) Conclusion of the contract

2.1 The product descriptions in the Seller’s online shop do not constitute binding offers by the Seller, but serve to enable the Customer to submit a binding offer.

2.2 The Customer may submit an offer using the online order form integrated into the Seller’s online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding offer to enter into a contract concerning the goods in the shopping cart by clicking the button that completes the order. The Customer may also submit an offer to the Seller by email, fax, online contact form, post or telephone.

2.3 The Seller may accept the Customer’s offer within five days:

• by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), in which case receipt of the confirmation by the Customer is decisive; or
• by delivering the ordered goods to the Customer, in which case receipt of the goods by the Customer is decisive; or
• by requesting payment from the Customer after the Customer has placed the order.

If more than one of these alternatives applies, the contract is concluded when the first of these alternatives occurs. The acceptance period begins on the day following the day on which the Customer sends the offer and ends at the close of the fifth day following dispatch of the offer. If the Seller does not accept the Customer’s offer within this period, this constitutes rejection of the offer and the Customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment is processed through PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg (hereinafter “PayPal”), subject to the PayPal User Agreement available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or, if the Customer does not have a PayPal account, subject to the terms for payments without a PayPal account available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays using a PayPal payment method available during checkout, the Seller hereby declares acceptance of the Customer’s offer at the moment the Customer clicks the button completing the order.

2.5 When an offer is submitted using the online order form, the Seller stores the contract text after the contract is concluded and sends it to the Customer in text form (e.g. email, fax or letter) after the order has been submitted. The Seller does not otherwise make the contract text accessible. If the Customer has created a customer account in the Seller’s online shop before submitting the order, the order data is archived on the Seller’s website and may be accessed free of charge through the password-protected customer account using the relevant login details.

2.6 Before placing a binding order using the online order form, the Customer can identify possible input errors by carefully reading the information displayed on screen. The browser’s zoom function may help to identify input errors by enlarging the display. During the electronic ordering process, the Customer may correct their entries using the usual keyboard and mouse functions until they click the button completing the order.

2.7 The language available for concluding the contract is German.

2.8 Order processing and contact generally take place by email and automated order processing. The Customer must ensure that the email address supplied for order processing is correct so that emails sent by the Seller can be received at that address. In particular, when using spam filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller to process the order can be delivered.

3) Right of withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal is provided in the Seller’s withdrawal policy.

4) Prices and payment terms

4.1 Unless otherwise stated in the Seller’s product description, the prices shown are total prices including statutory VAT. Any additional delivery and shipping costs are specified separately in the relevant product description.

4.2 The available payment methods are communicated to the Customer in the Seller’s online shop.

4.3 If advance payment by bank transfer is agreed, payment is due immediately after conclusion of the contract unless the parties have agreed a later due date.

4.4 If the “SOFORT” payment method is selected, payment is processed through SOFORT GmbH, Theresienhöhe 12, 80339 Munich, Germany (hereinafter “SOFORT”). To pay the invoice amount using SOFORT, the Customer must have an online banking account enabled for participation in SOFORT, identify themselves during the payment process and confirm the payment instruction to SOFORT. The transaction is then carried out immediately by SOFORT and the Customer’s bank account is debited. Further information on SOFORT is available at https://www.klarna.com/sofort/.

4.5 If a payment method offered through Shopify Payments is selected, payment is processed through Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”). The individual payment methods offered through Shopify Payments are communicated to the Customer in the Seller’s online shop. Stripe may use other payment services to process payments; special payment terms may apply, of which the Customer will be informed separately where applicable. Further information on Shopify Payments is available at https://www.shopify.com/legal/terms-payments-de.

5) Delivery and shipping terms

5.1 If the Seller offers shipping, goods are delivered within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address specified in the Seller’s order processing system is decisive for processing the transaction.

5.2 If delivery fails for reasons attributable to the Customer, the Customer bears the reasonable costs incurred by the Seller as a result. This does not apply to outbound shipping costs if the Customer effectively exercises their right of withdrawal. If the Customer effectively exercises their right of withdrawal, return shipping costs are governed by the Seller’s withdrawal policy.

5.3 If the Customer is a trader, the risk of accidental loss and accidental deterioration of the goods passes to the Customer as soon as the Seller hands the goods to the forwarding agent, carrier or other person or organisation responsible for shipping. If the Customer is a consumer, this risk generally passes only when the goods are handed over to the Customer or an authorised recipient. By way of exception, this risk also passes to a consumer upon handover to the forwarding agent, carrier or other person or organisation responsible for shipping if the Customer commissioned that person or organisation to carry out shipping and the Seller had not previously named that person or organisation to the Customer.

5.4 The Seller reserves the right to withdraw from the contract if the Seller’s own suppliers fail to supply correctly or properly. This applies only if the Seller is not responsible for the non-delivery and has, with due care, concluded a specific covering transaction with the supplier. The Seller will make all reasonable efforts to obtain the goods. If the goods are unavailable or only partly available, the Customer will be informed without delay and any corresponding payment will be refunded without delay.

5.5 Collection by the Customer is not possible for logistical reasons.

6) Retention of title

If the Seller supplies goods before receiving payment, the Seller retains ownership of the goods until the purchase price owed has been paid in full.

7) Liability for defects (warranty)

Unless the following provisions state otherwise, the statutory provisions on liability for defects apply. The following exceptions apply to contracts for the delivery of goods:

7.1 If the Customer is a trader:

• the Seller may choose the type of subsequent performance;
• for new goods, the limitation period for defects is one year from delivery;
• for used goods, rights and claims based on defects are excluded;
• the limitation period does not restart if replacement goods are supplied under liability for defects.

7.2 The above limitations of liability and shortened limitation periods do not apply:

• to the Customer’s claims for damages or reimbursement of expenses;
• where the Seller has fraudulently concealed the defect;
• to goods used for a building in accordance with their usual purpose that have caused the building to be defective;
• to any obligation of the Seller to provide updates for digital products under contracts for the delivery of goods with digital elements.

7.3 For traders, the statutory limitation periods for any statutory right of recourse remain unaffected.

7.4 If the Customer is a merchant within the meaning of section 1 of the German Commercial Code (HGB), they are subject to the commercial duty to inspect and notify defects under section 377 HGB. If the Customer fails to comply with those notification duties, the goods are deemed approved.

7.5 If the Customer is a consumer, they are requested to report goods with obvious transport damage to the delivery agent and inform the Seller. Failure to do so has no effect on their statutory or contractual claims for defects.

8) Applicable law

The laws of the Federal Republic of Germany apply to all legal relations between the parties, excluding the laws governing the international sale of movable goods. For consumers, this choice of law applies only insofar as it does not deprive them of protection afforded by mandatory provisions of the law of the country in which they habitually reside.

9) Jurisdiction

If the Customer is a merchant, a legal entity under public law or a special fund under public law with its registered office in the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the Seller’s place of business. If the Customer has its registered office outside the Federal Republic of Germany, the Seller’s place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from it are attributable to the Customer’s professional or commercial activity. In the above cases, the Seller is nevertheless entitled to bring proceedings before the court at the Customer’s registered office.

10) Alternative dispute resolution

The Seller is not obliged to participate in dispute resolution proceedings before a consumer arbitration board, but is willing to do so.