Hainlin Kyocera Shop

General Terms and Conditions (including conditions for return of purchased goods)
of Hainlin & Co., owner Helmuth Seyboth (as of 09/2007)

  1. 1. Our contract

    The presentation of goods in our Online-Shop is not a legal binding offer. The person who makes an order is giving a legal binding offer to buy. We accept the offer to buy through (i) explicit confirmation via Email or (ii) through delivery of the goods. An Email which just states that we received the offer to buy is no legal binding acceptance of the offer to buy.
    The confirmation of order consists of a summary of your order as well as an instruction relating to return of purchased goods.

  2. 2. Returns

    The returns policy is only for consumers, not for entrepreneurs.

    A consumer is a natural person, who makes this purchase for a purpose which does not relate to his / her commercial or entrepreneurial profession (§ 13 BGB); an entrepreneur is a natural person or a legal entity or a private company which is capable of holding rights who acts in his/her/its capacity as such when entering into a contract with us (§ 14 BGB).

    1. 2.1. Right to return

      The buyer can return the received goods within two weeks (without stating any reason) by sending them back provided that the goods are in their original condition. The two-week period starts upon receipt of the goods and the terms of this document. In case of goods which are not suitable for sending back (i.e. large items), the buyer can also claim his wish to return in writing, for example letter, fax or email. To comply with the two-week period, the sending of goods or letter is suf-ficient. In any case, the return will be at our cost and risk.

      The return must be sent to:

      Hainlin & Co.
      Inhaber Helmuth Seyboth
      Koenigstrasse 1
      D-70173 Stuttgart
      E-Mail: info@hainlin.de
      Phone: +49 (711) 291654
      Fax: +49 (711) 2991943

    2. 2.2. Consequences of return

      In the event of a valid return, both counterparties must return the goods or payment, as the case may be, back to their original holder. In case the goods are impaired or not in their original condition, we can ask for compensation. This does not apply if the impairment was due to the inspection of the goods which could have also taken place in a shop. The buyer can avoid the requirement for such compensation provided he does not use the goods or do anything which would reduce the value of the goods.

  3. 3. Delivery

    Timely and correct delivery can only take place when the good is in stock and we are not re-sponsible for failure of delivery where the good is not in stock. This does not apply if the non-delivery is our fault. We will inform the buyer about the unavailability of the goods. Also we will return any consideration given to us.

  4. 4. Retention of title

    Unless fully paid the goods shall remain our property.

  5. 5. Prices and payment

    1. 5.1.

      Our prices conform with the listed prices in our Online-Shop at the time the order was made. Prices include VAT.

    2. 5.2.

      Payment can be made via Credit Card (Transfer of data on the site is secured by SSL) or pre-payment to our account.

    3. 5.3.

      The invoice can be seen directly after having placed an order or you can see and print it in the Hainlin-Shop (www.hainlin.com) under "My Account".

    4. 5.4.

      We charge the following delivery costs:

      1. 5.4.1.

        Deliveries within Germany 5 EURO

      2. 5.4.2.

        Deliveries within Europe 17,50 EURO

      3. 5.4.3.

        Deliveries to the rest of the world 25 EURO

      You can find this information under "Client Information" and under "My Account" in the Hainlin-Shop.

  6. 6. Requirement due to defect items

    In case there is a defect in the goods, the buyer has legal rights.

  7. 7. Accountability

    1. 7.1.

      Our accountability regarding slightly negligent breach of non constitutive contract duties is excluded. In the case of breach of slightly negligent contract duties - also through statutory agent and auxiliary person / vicarious agent - accountability is limited to the typical contractual predictable damage. We shall have unlimited liability for damage caused to the client?s life and limb and health which has been caused through us, our statutory agent and auxiliary person / vicarious agent. We also shall be liable for intent, gross negligence and absence of guaranteed properties.

    2. 7.2.

      Our accountability regarding the Product Liability Act shall not be touched.

  8. 8. Applicable Law, Data protection, Severability Clause

    1. 8.1.

      Applicable law is German law; the "UN-Kaufrecht" (CISG) is not applicable.

    2. 8.2.

      If the buyer has no domestic general jurisdiction or if he has moved his residence or his / her normal domicile after conclusion of the contract abroad or if at the time of starting the lawsuit no residence nor normal domicile is known, the jurisdiction of our domicile applies. We also can take legal action in the jurisdiction of the buyer.

    3. 8.3.

      The necessary details of the buyer, especially name and address, will be collected, worked with and used to fulfill the contractual relationship.

    4. 8.4.

      In case one or more of these terms are or should become invalid, the validity of the other terms shall remain.

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