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 enter into with us as the provider (HAJUS AG) through the website https://www.westfalia.de. Unless otherwise agreed, we object to the inclusion of any terms you may use.
(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor attributable to their self-employed professional activity. An entrepreneur is any natural or legal person, or a partnership with legal capacity, who acts in the course of their independent professional or commercial activity when entering into a legal transaction.
§ 2 Conclusion of the Contract
(1) The subject of the contract is the sale of goods.
(2) By listing the respective product on our website, we make a binding offer to conclude a contract through the online shopping cart system under the conditions specified in the product description.
(3) The contract is concluded through 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, payment, and shipping details, all order data will be displayed again on the order overview page.
If you choose a direct payment system (e.g. PayPal / PayPal Express, Amazon Pay, Postpay, Sofort), you will either be directed to the order overview page in our online shop or redirected to the website of the direct payment system provider.
If you are redirected to the respective direct payment system, you will make the corresponding selection or enter your data there. Afterward, you will be redirected back to the order overview page of our online shop.
Before submitting the order, you have the option to review and change all details (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, thereby concluding the contract.
(4) Your inquiries regarding the creation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g., via email), which you can accept within 5 days.
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is done by email, partially automated. You must ensure that the email address you have provided to us is correct, that the receipt of the emails is technically ensured, and that they are not blocked by spam filters.
§ 4 Right of Retention, Retention of Title
(1) You may only exercise a right of retention to the extent that the claims relate to the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following applies additionally:
a) We retain ownership of the goods until all claims from the ongoing business relationship have been settled. Pledging or transferring ownership by way of security is not permitted before the transfer of ownership of the goods.
b) You may resell the goods in the ordinary course of business. In this case, you already assign to us all claims arising from the resale in the amount of the invoice value, and we accept the assignment. You are still authorized to collect the claim. However, if you do not meet your payment obligations properly, we reserve the right to collect the claim ourselves.
c) If the goods are combined or mixed with other items, we acquire co-ownership of the new item in proportion to the invoice value of the goods subject to retention of title to the other processed items at the time of processing.
d) We commit to release the securities we are entitled to upon your request, to the extent that the realizable value of our securities exceeds the secured claim by more than 10%. The selection of the securities to be released is at our discretion.
§ 5 Warranty
(1) The statutory warranty rights apply.
(2) As a consumer, you are requested to immediately check the goods for completeness, obvious defects, and transport damage upon delivery and to notify us and the carrier of any complaints as soon as possible. If you do not do so, it does not affect your statutory warranty rights.
(4) If you are an entrepreneur, the following warranty provisions apply, deviating from the above:
a) Only our own specifications and the product description of the manufacturer are considered as agreed upon regarding the condition of the goods, not other advertising, public promotions, or statements by the manufacturer.
b) In case of defects, we provide warranty at our discretion by either repairing the goods or delivering replacement goods. If the defect removal fails, you can either request a reduction in the price or withdraw from the contract. The defect removal is considered failed after a second unsuccessful attempt unless the nature of the goods or defect or other circumstances suggest otherwise. In case of repair, we do not have to bear the increased costs arising from transporting the goods to another location than the place of performance, unless the transport is in line with the intended use of the goods.
c) The warranty period is one year from the delivery of the goods. The period reduction does not apply to:
- Damages caused by us intentionally or due to gross negligence that affect life, body, or health;
- Where we have fraudulently concealed the defect or have provided a warranty for the condition of the goods;
- For items that have been used according to their usual purpose for construction work and caused defects;
- In case of statutory recourse claims you have in connection with defect rights against us.
§ 6 Choice of Law, Place of Performance, Jurisdiction
(1) German law applies. For consumers, this choice of law applies only insofar as it does not deprive you of the protection granted by mandatory provisions of the law of the country of your habitual residence (principle of favorable protection).
(2) The place of performance for all services arising from the business relationships with us, as well as the place of jurisdiction, is our registered office, unless you are not a consumer but a merchant, a legal entity under public law, or a special public fund. The same applies if you do not have a general place of jurisdiction in Germany or the EU, or if your residence or habitual residence is not known at the time of filing the lawsuit. The right to also call the court at another statutory place of jurisdiction remains unaffected.
(3) The provisions of the UN Sales Convention 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]
Alternative Dispute Resolution:
The European Commission provides a platform for online dispute resolution (OS platform), which can be accessed at https://ec.europa.eu/odr.
2. Information on the Conclusion of the Contract
The technical steps to conclude the contract, the contract conclusion itself, and the correction options are governed by the provisions "Conclusion of the Contract" in our General Terms and Conditions (Part I).
3. Language of the Contract, Storage of the Contract Text
3.1. The language of the contract 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 or electronically saved using the browser's print function. After the order has been received by us, the order data, the legally required information for distance contracts, and the General Terms and Conditions will be sent to you again via email.
3.3. For inquiries outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g., by email, which you can print or save electronically.
5. Essential Features of the Goods or Services
The essential features of the goods and/or services can be found in the respective offer.
6. Prices and Payment Terms
6.1. The prices listed in the respective offers and the shipping costs are total prices. They include all price components, including all applicable taxes.
6.2. The applicable shipping costs are not included in the purchase price. They can be accessed through a correspondingly labeled button on our website or in the respective offer, will be separately indicated during the order process, and must be paid by you unless free shipping is promised.
6.3. If the delivery is made to countries outside the European Union, additional costs that are not under our control may arise, such as customs duties, taxes, or money transfer fees (bank transfer or exchange rate fees), which must be borne by you. Any incurred money transfer costs are also to be borne by you in cases where the delivery is made to an EU member state but the payment was initiated outside the European Union.
6.4. The payment methods available to you are listed on a correspondingly labeled button on our website or in the respective offer.
6.5. Unless otherwise specified for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
7. Delivery Conditions
7.1. The delivery conditions, delivery date, and any delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.
7.2. If you are a consumer, it is legally regulated that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a carrier or any other person not designated by the seller to carry out the shipment.
If you are an entrepreneur, delivery and shipment are at your own risk.
7. Return Obligation
According to § 17 Paragraph 1 and 2 of the German Electrical and Electronic Equipment Act (ElektroG), we are obliged to accept the return of electrical/electronic waste under the following conditions:
- When a new electrical or electronic device is sold to a consumer, we accept an old device of the same type from the consumer, which is essentially functionally identical, free of charge at the point of sale or in its immediate vicinity (so-called 1:1 return). The point of sale is also the private household, if the delivery is made there.
a) We are required to provide free pickup, which is limited to electrical and electronic devices from categories 1 (heat exchangers), category 2 (displays, monitors, and devices with displays larger than 100 cm²), and category 4 (devices where at least one external dimension is more than 50 cm).
b) For electrical and electronic devices from categories 3 (lamps), 5 (small devices), and 6 (small IT and telecommunications devices), as well as for old devices that are not larger than 25 cm in any external dimension, we ensure a 1:1 return via suitable return options within reasonable distance. An overview of which devices fall under which categories can be found here:
https://www.stiftung-ear.de/de/themen/elektrog/herstellerbevollmaechtigte/geraetezuordnung.
- Upon request, we will accept old devices that do not exceed 25 cm in any external dimension, free of charge at our retail store or in its immediate vicinity. The return is not linked to the purchase of a new 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 electrical waste for return. We will provide you with a free return label for this purpose. Please ensure proper packaging of the old device to avoid breakage, and prevent any mechanical compression or breakage. Acceptance of old devices may be refused if there is a risk to human health and safety due to contamination.
Further Return Options
Additionally, private households can also drop off their old electrical devices for free at one of the municipal collection points. An online directory of collection and return points near you can be found here:
https://www.ear-system.de/ear-verzeichnis/sammel-und-ruecknahmestellen.
Privacy Notice
You are responsible for ensuring the deletion of personal data.
Further Information
Additional information can be found at: https://e-schrott-entsorgen.org.
8. Legal Warranty Rights
The warranty liability is governed by the "Warranty" provisions in our General Terms and Conditions (Part I).
These terms and conditions and customer information have been created by IT law experts at the Händlerbund and are regularly checked for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and is liable in case of warnings. Further information can be found here: https://www.haendlerbund.de/agb-service.
Last updated: 21.04.2023