General Terms and Conditions (GTC)
Please read our Terms and Conditions of Sale and Delivery (hereinafter “Conditions”) carefully before using this website. These Conditions apply to the sale of all goods offered on the websites of Handelskontor Ostrhauderfehn GmbH (hereinafter “Seller”).
All information on the website, as well as orders and contract conclusion, are provided in German. The German version of these Conditions takes precedence over all translations.
By placing orders via this website, you agree to the applicability of these Conditions. The Conditions can be viewed at any time on the website. They may also be requested by e-mail or letter from Handelskontor Ostrhauderfehn GmbH.
Conflicting or deviating terms and conditions shall only apply if Handelskontor Ostrhauderfehn GmbH has expressly agreed to them in writing.
1. Your Account
You are responsible for keeping your login and password confidential and preventing unauthorised access to your account. You are liable for all transactions carried out under your account and password. If you suspect that others know and use your password, you must inform us immediately.
Please ensure that all information provided during registration is correct and complete, and notify us immediately of any changes. The Seller reserves the right to deny access to the website, close accounts, remove or correct content, and cancel orders at its discretion. If an order is cancelled, you will not be charged for that order.
2. Order Process, Contract Conclusion and Retention of Title
2.1 Order Process
The presentation of the product range on the website does not constitute a legally binding offer but an invitation to submit an offer. By placing your order, you submit a binding offer to purchase the goods. You will then receive an e-mail confirming receipt of your order (“Order Confirmation”). This does not yet constitute acceptance. A purchase contract is only concluded when we dispatch the goods and confirm dispatch by e-mail, or when we notify you that the goods are ready for collection.
2.2 Invoice
Immediately after dispatch of the ordered goods, the Seller will send you an invoice by e-mail.
2.3 Retention of Title
The Seller retains ownership of the delivered goods until full payment of the purchase price and shipping costs. During this period, resale, pledging or transfer of ownership as security is not permitted. You must notify us immediately of any seizure, damage or loss of the goods.
3. Prices and Payment
3.1 Prices and Currency
The purchase price is the price indicated on the website on the day of the order. All prices are in EUR and include statutory VAT.
3.2 Shipping Costs
If goods are delivered to an address specified by you, shipping costs indicated on the website at the time of order apply. No shipping costs are charged for collection from the Seller.
3.3 Return Costs in Case of Withdrawal
In the event of withdrawal (see Section 5), you bear the regular return costs if the delivered goods correspond to the ordered goods and the price of the returned item does not exceed EUR 40, or if you have not yet provided consideration or a partial payment for a higher-priced item at the time of withdrawal.
3.4 Excluded Payment Methods
Payments by credit card, debit card, prepaid card or cheque are not possible.
3.5 Accepted Payment Methods
All goods must be paid for in advance, including any shipping costs. Payment can be made by bank transfer or, in the case of collection, in cash.
3.6 Default of Payment
The purchase price is due before dispatch. Dispatch only takes place once payment has been received in full. In case of default, we may charge interest at 5 percentage points above the applicable base rate (§247 BGB). We reserve the right to claim further damages.
4. Delivery
Delivery time is approximately 3–10 working days from receipt of the order. Deviations for specific items will be indicated on the product page. Working days are Monday to Friday, excluding public holidays in Lower Saxony, Germany. The Seller cannot guarantee local delivery times. In case of delays, you will be informed promptly via the e-mail address provided.
5. Right of Withdrawal
Consumers within the meaning of §13 BGB have a statutory right of withdrawal. A consumer is a natural person who purchases goods for purposes not attributable to their commercial or self-employed professional activity. The right of withdrawal does not apply to goods made to customer specifications or clearly tailored to personal needs.
Withdrawal Policy
You may withdraw from the contract within 14 days without giving reasons, either in text form (e.g. letter, fax, e-mail) or by returning the goods. The period begins upon receipt of this instruction in text form, but not before receipt of the goods by the recipient (in the case of recurring deliveries of similar goods, not before receipt of the first partial delivery) and not before fulfilment of our information obligations under Article 246 §2 in conjunction with §1(1) and (2) EGBGB and our obligations under §312g(1) BGB in conjunction with Article 246 §3 EGBGB. Timely dispatch of the withdrawal or the goods is sufficient.
The withdrawal must be addressed to:
Handelskontor Ostrhauderfehn GmbH
Gewerbestraße Süd 4
26842 Ostrhauderfehn
Telephone: 04952 / 808 2000
Fax: 04952 / 808 20090
E-mail: info@handelskontor-ostrhauderfehn.de
Consequences of Withdrawal
In the event of a valid withdrawal, both parties must return the received services and any benefits (e.g. interest). If you cannot return the goods or can only return them in a deteriorated condition, you must provide compensation. Compensation is only required if the deterioration is due to handling beyond testing the properties and functionality, as would be possible in a shop. Goods suitable for parcel shipment must be returned at our risk. You bear the regular return costs if the goods correspond to the order and the price does not exceed EUR 40, or if you have not yet provided consideration or partial payment for higher-priced goods. Otherwise, return is free of charge. Non-parcel goods will be collected from you. Refunds must be made within 30 days. The period begins for you with dispatch of the withdrawal or goods, and for us upon receipt.
End of Withdrawal Policy.
6. Warranty
Details on rectification, withdrawal, notification obligations, limitation periods and exclusions are as per the German version. The Seller provides warranty for defects either by repair or replacement. Further rights apply in accordance with statutory provisions.
7. Liability
The Seller is liable for breach of essential contractual obligations (“cardinal duties”) and in cases of intent, gross negligence, injury to life, body or health, product liability, guarantees and other mandatory statutory liability. Otherwise, claims for damages are excluded.
8. Personal Data
Please refer to our Privacy Policy regarding the use of personal data.
9. Copyright and Database Rights
Website content (texts, graphics, trademarks, logos, photos, images) belongs to the Seller or respective rights holders. Without prior written consent, you may not extract or otherwise use content or software from the website.
10. Amendments to the Conditions
The Seller reserves the right to amend the website and Conditions at any time. Your use of the website and orders are subject to the Conditions in force at the time. If individual provisions are invalid, the validity of the remaining provisions remains unaffected.
11. Force Majeure
If performance of the contract is prevented or substantially hindered by circumstances beyond the parties’ control, obligations are suspended for the duration of such circumstances. Examples include natural disasters, strikes or lockouts. If such circumstances persist for more than 15 working days, either party may withdraw from the contract without liability for damages.
12. Governing Law and Jurisdiction
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If you are a merchant, legal entity under public law or special fund under public law, exclusive jurisdiction for disputes is Leer. The Seller may also sue you at your general place of jurisdiction.
13. Special Provisions for Entrepreneurs
For entrepreneurs, the above Conditions apply with modifications, including extended retention of title, higher default interest (8 percentage points above the base rate), exclusion of withdrawal rights, shortened warranty periods and transfer of risk upon delivery to the carrier. Further details are as per the German version.
14. ADMINISTRATION OF THE WEBSITE
Please refer to the Legal Notice (Imprint) of this website.