General Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 Basic Provisions

(1) The following terms and conditions apply to all contracts that you conclude with us as the provider (HAJUS AG) via the website https://www.westfalia.de Unless otherwise agreed, the inclusion of any terms and conditions of your own that you may use is hereby rejected.

(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that are predominantly outside their trade, business or profession. An entrepreneur is any natural or legal person or a partnership with legal capacity who acts in the exercise of their independent professional or commercial activity when concluding a legal transaction.

§ 2 Conclusion of Contract

(1) The subject of the contract is the sale of goods.

(2) By placing the respective product on our website, we submit a binding offer to you to conclude a contract under the conditions specified in the product description. 

(3) The contract is concluded via the online shopping cart system as follows:

The goods intended for purchase are placed in the "shopping cart". You can access the "shopping cart" via the corresponding button in the navigation bar and make changes at any time.

After accessing the "checkout" page and entering your personal data as well as the payment and shipping conditions, all order data will be displayed once again on the order summary page.

If you use an instant payment system as a payment method (e.g. PayPal / PayPal Express, Amazon Payments, Postpay, Sofort), you will either be directed to the order summary page in our online shop or you will first be redirected to the website of the instant payment system provider.

If you are redirected to the respective instant payment system, make the corresponding selection or enter your data there. Finally, you will be redirected back to our online shop to the order summary page.

Before submitting your order, you have the option to review all information once again, make changes (also using the "back" function of your internet browser) or cancel the purchase. 

By submitting the order via the "buy" button, you legally accept the offer, whereby the contract is concluded. 

(4) Your inquiries for the creation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g. by email), which you can accept within 5 days.

(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out by email, partly in an automated manner. You must therefore ensure that the email address you have provided to us is correct, that the receipt of emails is technically ensured and, in particular, is not prevented by SPAM filters.

§ 3 Right of Retention, Retention of Title

(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.

(2)  The goods remain our property until full payment of the purchase price.

(3)  If you are an entrepreneur, the following additionally applies:

a) We reserve ownership of the goods until all claims arising from the ongoing business relationship have been fully settled. Prior to the transfer of ownership of the goods subject to retention of title, pledging or transfer of ownership as security is not permitted.

b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice total that arise to you from the resale, and we accept the assignment. You remain authorized to collect the claim. However, if you fail to meet your payment obligations properly, we reserve the right to collect the claim ourselves.

c) In the event of connection and mixing of the reserved goods, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.

d) We undertake to release the securities to which we are entitled at your request insofar as the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is at our discretion.

§ 4 Warranty

(1) The statutory defect liability rights apply.

(2) As a consumer, you are requested to immediately check the item upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. Failure to do so will have no effect on your statutory warranty claims.

(3) Insofar as you are a business customer, the following applies in deviation from the above warranty provisions:

a)  Only our own specifications and the manufacturer's product description shall be deemed agreed as the condition of the item, but not other advertising, public promotions and statements by the manufacturer.

b)  In the event of defects, we shall provide warranty at our discretion by rectification or replacement delivery. If the defect remedy fails, you may, at your discretion, demand a reduction or withdraw from the contract. The defect remedy shall be deemed to have failed after the second unsuccessful attempt, unless the nature of the item or the defect or other circumstances indicate otherwise. In the case of rectification, we do not have to bear the increased costs arising from the transport of the goods to a place other than the place of performance, provided that the transport does not correspond to the intended use of the goods.

c)  The warranty period is one year from delivery of the goods. The reduction of the period does not apply:

- to damage attributable to us caused by culpable breach of life, body or health and to other damage caused intentionally or through gross negligence;

- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the condition of the item;

- to items that have been used for a building in accordance with their normal use and have caused its defectiveness;

- to statutory recourse claims that you have against us in connection with defect rights.

§ 5 Choice of Law, Place of Performance, Jurisdiction

(1)  German law applies. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (principle of favorability).

(2)  The place of performance for all services arising from business relationships with us and the place of jurisdiction is our registered office, provided that you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual residence is not known at the time the action is filed. The right to also appeal to the court at another statutory place of jurisdiction remains unaffected.

(3)  The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.

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II. Customer Information 

1. Identity of the Seller

HAJUS AG

Spinnereistraße 3

01591 Riesa

Germany

Phone: 051518779812 

Email:  [email protected]

2. Information on Contract Formation

The technical steps leading to contract conclusion, the contract conclusion itself and the correction options are governed by the provisions "Contract Formation" of our General Terms and Conditions (Part I.).

3. Contract Language, Contract Text Storage

3.1. Contract language is German.

3.2. The complete contract text is not stored by us. Before submitting the order via the online shopping cart system,  the contract data can be printed out via the browser's print function or saved electronically. After receipt of the order by us, the order data, the legally required information for distance contracts and the General Terms and Conditions will be sent to you again by e-mail.

3.3. For quote requests outside the online shopping cart system, you will receive all contract data in the form of a binding offer in text form, e.g. by e-mail, which you can print out or save electronically.

4. Essential Characteristics of the Goods or Service

The essential characteristics of the goods and/or service can be found in the respective offer.

5. Prices and Payment Terms

5.1. The prices stated in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.

5.2. The applicable shipping costs are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer, are shown separately during the order process and must be paid by you in addition, unless free shipping has been promised.

5.3. If delivery is made to countries outside the European Union, additional costs beyond our control may arise, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of credit institutions), which must be borne by you. Costs incurred for money transfer must also be borne by you in cases where delivery is made to an EU member state but payment was initiated outside the European Union.

5.4. The payment methods available to you are shown under a correspondingly labeled button on our website or in the respective offer.

5.5. Unless otherwise stated for individual payment methods, payment claims arising from the concluded contract are due immediately.

6. Delivery Conditions

6.1. The delivery conditions, delivery date and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.

6.2. If you are a consumer, it is legally stipulated that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon handover of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the seller or another person designated to carry out the shipment. 

If you are a business, delivery and shipment are at your risk.

 

7. Take-Back Obligation

According to § 17 para. 1 and 2 ElektroG, we are obliged to take back old electrical/electronic equipment under the following conditions

1. when delivering a new electrical or electronic device to an end user, we will take back an old device of the end user of essentially the same function and the same device type at the place of delivery or in the immediate vicinity free of charge (so-called 1:1 take-back). The place of delivery also includes private households if delivery takes place there.

a) We are obliged to provide free collection, which is limited to electrical and electronic equipment from categories 1 (heat exchangers), category 2 (screens, monitors and devices with screens with a surface area of more than 100 cm²) and category 4 (devices where at least one of the external dimensions exceeds 50 centimeters).

b) For electrical and electronic equipment of categories 3 (lamps), 5 (small appliances) and 6 (small IT and telecommunications equipment) as well as old devices that are no larger than 25 centimeters in any external dimension, we ensure 1:1 take-back through suitable return options within reasonable distance. An overview of which devices fall under the individual categories can be found here:

 

https://www.stiftung-ear.de/de/themen/elektrog/herstellerbevollmaechtigte/geraetezuordnung.

 

2. upon your request, we will take back old devices that do not exceed 25 centimeters in any external dimension free of charge at the retail store or in its immediate vicinity; the take-back is not linked to the purchase of an electrical or electronic device and is limited to three old devices per device type (so-called 0:1 return).

Return options

We offer the following return options:

You can send old electrical devices back to us. We will provide you with a free return label for this purpose. Please ensure proper shipping packaging of the old device to avoid breakage as much as possible and to prevent mechanical compression or breakage. Acceptance of old devices may be refused if contamination poses a risk to human health and safety. 

Additional return options

In addition, private households can also drop off their old electrical devices free of charge at one of the municipal collection points. An online directory of collection and take-back points near you can be found here:

https://www.ear-system.de/ear-verzeichnis/sammel-und-ruecknahmestellen.

 

Privacy notice

You are responsible for deleting personal data.

Additional information

Additional information can also be found at https://e-schrott-entsorgen.org.

 

8. Statutory warranty law 

Warranty liability is governed by the "Warranty" section in our General Terms and Conditions (Part I). 

These Terms and Conditions and customer information were created by the IT law specialists at Händlerbund and are permanently reviewed for legal compliance. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in case of warnings. More information can be found at: https://www.haendlerbund.de/agb-service.

last updated: 21.04.2023