Notes on the
General Terms and Conditions
Scope of application
The following terms and conditions apply to all orders placed by the customer with Augusta-Heckenrose Werkzeugfabriken GmbH & Co KG, HRA 738941, Stuttgart Local Court, hereinafter referred to as “we”, on our website or our mobile website augusta-heckenrose.de . By using augusta-heckenrose.de or placing an order, the customer agrees to the General Terms and Conditions stated herein.
You can reach our customer service for questions, complaints and objections on weekdays from 8:00 am to 5:00 pm by calling 033731 232314 or by e-mail at kundenservice@augusta-heckenrose.de.
Consumers within the meaning of these terms and conditions are persons who purchase for predominantly private purposes. Only persons who are at least 18 years old, are not under guardianship and have a private address in Germany can place an order.
Deviating terms and conditions of the customer shall not be recognized unless the seller expressly agrees to their validity in writing.
Offers and presentation
The presentation of the products in the online store does not constitute a legally binding offer, but a non-binding online catalog. All offers are valid “while stocks last” unless otherwise stated on the products. Errors excepted in all other respects.
We make every reasonable effort to accurately represent the characteristics of our products, including their composition and colors. However, the color display depends on the individual computer system and we cannot guarantee that the customer’s computer will reproduce the colors accurately.
Order process and conclusion of contract
The customer can select products from our range without obligation and collect them in the so-called shopping cart. The customer can then complete the order process via the shopping cart.
After the binding order (“Buy”), the customer receives an automatic confirmation by e-mail. The minimum order value must be 10.00 euros (minus discounts and shipping). The purchase contract is concluded when we have sent the ordered products to the customer within 2 days or have sent an express order confirmation in a second e-mail.
In the case of prepayment, the contract is concluded when the bank details and payment request are provided. If, despite the due date, payment has not been received by us within 10 calendar days of the order confirmation being sent, we shall withdraw from the contract with the result that the order shall lapse and we shall have no obligation to deliver. The order is then completed for the buyer and for us without any further consequences. A reservation of the article for advance payments is therefore made for a maximum of 10 calendar days.
Prices and shipping costs
All prices quoted in our online store include the applicable statutory VAT, but exclude shipping costs.
The shipping costs are the same for all orders, regardless of the size or weight of the package. The costs are clearly shown during the ordering process. Our standard shipping costs are 5.90 euros. If we are unable to deliver your order in full and have to split it into several deliveries, there are no additional shipping costs for the subsequent deliveries. From a total amount of 65 euros (minus discounts) we deliver free of charge.
Delivery, availability of goods
We take the utmost care when accepting and processing orders and deliver to a private address or collection point in Germany in accordance with the selected delivery option. We endeavor to deliver the items as quickly as possible in the order in which they are received. Our aim is to deliver within three to five working days of receipt of the order confirmation, unless otherwise agreed.
If no copies of the product selected by the customer are available at the time of the customer’s order, we will inform the customer of this in the order confirmation. If the product is permanently unavailable, we will refrain from issuing a declaration of acceptance. A contract is not concluded in this case. If the product designated by the customer in the order is only temporarily unavailable, we shall also inform the customer of this immediately in the order confirmation. In the event of a delay in delivery of more than two weeks, the customer has the right to withdraw from the contract. In this case, we are also entitled to withdraw from the contract. Any payments already made by the customer will be refunded immediately. If advance payment has been agreed, delivery will be made after receipt of the invoice amount.
The complete shipping and delivery conditions can be viewed here.
Payment modalities
The customer can choose from the available payment methods during and before completing the order process:
- Prepayment/bank transfer
- Pay Pal (with credit card option)
- Apple Pay (credit card option)
Payment must be made in advance without deduction and within 10 calendar days of order confirmation. If third-party providers are commissioned to process payments (e.g. PayPal), their general terms and conditions apply.
When the goods are dispatched, the invoice will be sent by e-mail or with the goods to the billing address specified by the customer. If the customer is in arrears with a payment or if there is a return debit note, we reserve the right to claim damages for default (e.g. collection fees, reminder fees, default interest, chargeback fees).
Retention of title
The delivered goods remain our property until full payment has been made.
Warranty for material defects and guarantee
The warranty is governed by statutory provisions. The goods supplied by us are only guaranteed if this has been expressly stated.
Liability
The following exclusions and limitations of liability apply to our liability for damages, notwithstanding the other statutory requirements for claims: We shall be liable without limitation insofar as the cause of the damage is based on intent or gross negligence on our part or on the part of our employees. Furthermore, we shall be liable for the slightly negligent breach of material obligations, the breach of which jeopardizes the achievement of the purpose of the contract, or for the breach of obligations, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the customer regularly relies. In this case, however, we shall only be liable for the foreseeable damage typical of the contract. We shall not be liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected. Insofar as liability on our part is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.
Revocation
The customer can cancel or revoke the purchase from the time of ordering up to 14 days after receipt of the ordered items. If the items have already been paid for, we will refund the costs including delivery costs. If individual items are retained or the order is only partially canceled, the delivery costs will not be refunded.
If the customer wishes to cancel or return the order, we must be notified in writing, either by post to Augusta-Heckenrose Werkzeugfabriken GmbH & Co. KG, Sportfeldstraße, 14959 Trebbin or by e-mail to kundenservice@augusta-heckenrose.de. The notification must be made within 14 days in any case. We will refund the costs as quickly as possible without additional charges using the payment method used by the customer. If the items have not yet been paid for, the amount will be credited. This will take place no later than 14 days after receipt of the cancellation or return, provided we have the items or proof of return.
We will reimburse the full cost of products found to be defective. The provisions stated herein do not constitute a restriction of applicable rights.
In addition, we guarantee a full refund or, if requested, an exchange of returned items in accordance with our withdrawal policy, provided that all items are returned in the condition in which they were received. This means that the items must not be damaged, soiled or used. In addition, all item packaging and labels must be intact. The customer is requested to return the goods to us as a prepaid parcel and to keep the proof of posting. On request, we will refund the postage costs in advance, unless these are to be borne by the buyer.
In the event of revocation, the customer shall bear the regular costs of the return shipment if the delivered goods correspond to those ordered and if the price of the items to be returned does not exceed EUR 65 or if the customer has not yet provided the consideration or a contractually agreed partial payment at the time of revocation if the price of the items is higher. Otherwise the return shipment is free of charge for the customer.
The complete withdrawal policy can be viewed here.
Data protection
We process the customer’s personal data for a specific purpose and in accordance with the statutory provisions. The personal data provided for the purpose of ordering goods (such as name, e-mail address, address, payment data) will only be used by us to fulfill and process the contract. This data is treated confidentially and is not passed on to third parties who are not involved in the ordering, delivery and payment process.
Place of jurisdiction, applicable law
Differences of opinion and disputes arising from this contract shall be governed exclusively by the law of the Federal Republic of Germany, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The sole place of jurisdiction for orders from merchants, legal entities under public law or special funds under public law is Trebbin.
Note on online dispute resolution
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), which can be accessed at www.ec.europa.eu/consumers/odr. We do not undertake to participate in dispute resolution proceedings before a consumer arbitration board. You can find our e-mail address in the imprint.
Status: January 2024
Scope of application
Sale and delivery are subject to our General Terms and Conditions of Sale below. Deviating terms and conditions of purchase of the customer require our written approval in order to be valid. Silence does not constitute approval. Collateral agreements and amendments to our terms and conditions of sale require our express written consent to be effective. These terms and conditions shall also apply to all future orders of the customer irrespective of whether we refer to them in each individual case.
Conclusion of contract
Our offers are subject to change. An order shall also be deemed to have been accepted if the customer does not receive confirmation from us within 14 days of receipt of the order. In the case of final orders, the customer undertakes to accept the goods within 12 months of placing the order. After expiry of this period, we shall be entitled to properly deliver and invoice goods that have not been accepted by then. Small orders under EUR 75.00 net cannot be executed for cost reasons.
Prices
Our prices are subject to change. They apply to deliveries ex works excluding packaging, which is charged at cost price. From EUR 400.00 net per order or delivery value, transportation is carriage paid to the station, including packaging.
The statutory VAT is not included in the prices and will be charged separately. If our service is rendered later than 4 months after the conclusion of the contract in accordance with the contract, we may adjust the prices appropriately to the increases in cost price. The contracting parties agree that such a contract shall in any case remain valid beyond the date of any fixed price agreement.
Transfer of risk
Shipment shall always be at the risk of the customer, at the latest from the time at which the goods leave our factory or warehouse. At the customer’s request, we will insure the shipment at the customer’s expense against theft, breakage, transportation, fire and water damage as well as other insurable risks.
If dispatch is delayed due to circumstances for which the customer is responsible, the risk shall pass to the customer from the day on which the goods are ready for dispatch. We are entitled to invoice the goods from this day onwards.
Delivery time
The delivery period shall commence upon receipt of the order by us or upon order confirmation. The delivery time shall be deemed to have been met if the goods have left the factory or readiness for dispatch has been notified by the time it expires. The delivery time shall be extended accordingly in the event of unforeseen disruptions in the company and/or at the suppliers, in particular in the event of measures in the context of labor disputes such as strikes and lockouts and other cases of force majeure. In such cases, we reserve the right to deliver at a reasonable later date. In cases where the delivery deadline cannot be avoided, the customer also agrees to accept partial shipments. The aforementioned circumstances or events for which we are not responsible do not entitle the customer to withdraw from the contract.
Warranty / Defect periods
We provide a replacement guarantee for goods with material and manufacturing defects if they are returned to us carriage paid or postage paid. Complaints about weight, quantity, dimensions and other obvious defects will only be considered if they are made in writing no later than 8 days after receipt of the goods. In the event of hidden quality defects, the deadline shall be extended to 4 weeks after receipt of the goods.
Goods which prove to be unusable or whose usability is significantly impaired shall be repaired or replaced accordingly and at our expense. Further claims for damages are excluded.
We reserve the right to refuse a replacement delivery and to cancel the purchase if it subsequently transpires that we are unable to satisfy the customer’s claims regarding the quality of the goods.
Payment
Our invoices are payable within 10 days of the invoice date in cash with a 2% discount or within 30 days net. In the event of non-compliance with our terms of payment, we shall be entitled, without reminder, to charge interest on arrears from the due date and expenses which we would incur by drawing on credit from financial institutions, but at least 2% above the Lombard rate of the Bundesbank. Tacit acquiescence in exceeding a target cannot simply be regarded as consent to deferment. This requires a written agreement between us and the customer.
Retention of title
The delivered goods shall remain our property (reserved goods) until the purchase price and all existing or future claims arising from the business relationship with the customer have been paid in full. This also applies if payments are made on specially designated claims. In the case of a current account, the reserved property shall be deemed to be security for our balance claim. Processing and treatment of the goods subject to retention of title shall be carried out for us, so that an acquisition of ownership according to § 950 BGB does not occur.
If the reserved goods are processed or inseparably mixed with other items not belonging to us, we shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the invoice value of the other goods at the time of processing or mixing. The resulting co-ownership rights shall be deemed to be reserved goods. The customer may hold the reserved goods on loan for us until revoked and may only sell them in the ordinary course of business and under normal business conditions or use them to fulfill contracts for work and services or contracts for work and materials as long as he is not in default. The customer is not entitled to pledge the reserved goods or to assign them by way of security. He must inform us immediately in writing or by telephone of any attachment or any other threat to our rights. The costs of judicial or extrajudicial intervention shall be borne by the customer.
The customer’s claims arising from the resale of the reserved goods are hereby assigned to us. They serve as our security to the same extent as the reserved goods within the meaning of para. 1. if goods subject to retention of title are sold after processing with other goods not belonging to us, the assignment shall only apply to the amount of our co-ownership share in the goods sold. If the reserved goods are used by the customer to fulfill a contract for work and services or a contract for work and materials, this claim shall be assigned to us in advance to the same extent as specified above.
The customer is entitled to collect claims arising from the resale of the goods subject to retention of title until our revocation. We will make use of our right of revocation and collect the claim ourselves if we consider this necessary at our discretion. If we assert the retention of title, this shall only be deemed a withdrawal from the contract if we expressly declare this in writing. The purchaser’s right to possess the reserved goods shall expire if he fails to fulfill his obligations under this or any other contract. We shall then be entitled to enter the customer’s premises and take possession of the reserved goods ourselves and, without prejudice to the customer’s payment and other obligations, to sell them to us by private sale or by auction at the best possible price. The proceeds from the sale shall be credited to the customer’s liabilities after deduction of the costs. Any surplus is paid out to him.
If the retention of title or the assignment is not effective under the law in whose jurisdiction the goods are located, the security corresponding to the retention of title or the assignment in this jurisdiction shall be deemed to have been agreed. If the cooperation of the buyer is required in this respect, he shall take all measures necessary to establish and maintain such rights. If the value of the security to which we are entitled exceeds the total claim against the customer by more than 10%, we shall be obliged to release securities of our choice at the customer’s request.
Data protection
Our customers’ data is stored and processed to the extent necessary for business purposes and in accordance with the Federal Data Protection Act (26 BDSG).
Place of fulfillment and jurisdiction
The place of performance is Trebbin. For all disputes arising from the contractual relationship, if the customer is a registered trader, a legal entity under public law or a special fund under public law, the action shall be brought before the court having jurisdiction for Trebbin. We are also entitled to sue at the customer’s place of business.
Binding nature of the contract
Should individual provisions of these terms and conditions be invalid for any reason whatsoever, the remaining provisions of these terms and conditions shall remain in full force and effect.
The terms and conditions of sale are subject exclusively to German law applies. The provisions of international sales law shall not apply.
Status: November 2013
Augusta dog rose
Werkzeugfabriken GmbH & Co KG
Sports field road
D-14959 Trebbin