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Terms and Conditions

Terms and Conditions

§ 1 Scope, Definitions
§ 2 Conclusion of Contract
§ 3 Customer Account
§ 4 Delivery, product availability
§ 5 Retention of Title
§ 6 Prices and shipping costs
§ 7 Vouchers
§ 8 Payment terms
§ 9 Warranty for defects, guarantee
§ 10 Liability
§ 11 Delivery, Transfer of Risk
§ 12 Right of withdrawal of the consumer
§ 13 Dispute Resolution
§ 14 Final Provisions

The following terms and conditions apply between us, Altenburger Hut & Kostüm GmbH, Lödlaer Chaussee 3D, 04617 Lödla - Germany – hereinafter referred to as... www.hk-altenburg.de/ , “Altenburger Hut & Kostüm” or “we” – and the customer referred to in § 2 of the contract – hereinafter referred to as “customer” or “you”:

§ 1 Scope, Definitions

(1) The following General Terms and Conditions shall apply exclusively to the business relationship between you, our customer and us, in the version valid at the time of your order.

(2) Any differing terms and conditions you may have will unfortunately not be accepted unless we expressly agree to their validity in writing.

(3) Customers can be consumers or businesses.
(a) A consumer is a person for whom the purpose of the ordered goods and services cannot be attributed to his commercial or independent professional activity.
(b) An entrepreneur is any natural or legal person or legally capable partnership that, when concluding the contract, is acting in the course of their commercial or independent professional activity. Where our terms and conditions do not apply to entrepreneurs, we expressly indicate this.

(4) For orders placed under The part of our webshop accessible at http://www.hk-altenburg.de is available as the contract language in German.

(5) For orders under The part of our webshop accessible at http://www.hk-altenburg.de/en is available in English as the contract language.

§ 2 Conclusion of Contract

(1) The presentation of goods in our online shop is non-binding and therefore does not constitute a binding offer from us. It is merely an invitation to you to submit a binding offer to us.

(2) You can select products from our range and collect them in a so-called shopping cart, which we provide for you, by clicking the “Add to Cart” button.

(3) By clicking the “Buy” button, you then submit a binding offer to purchase the goods in the shopping cart.

(4) Before submitting your order, you can view and change your details at any time. By clicking the "Buy" button, you agree to these terms and conditions and thereby incorporate them into your application.

(5) We will then send you an automatic confirmation of receipt by e-mail, which lists your order again and informs you about the contractual details and which you can print out using the “Print” function on your computer.

(6) The automatic confirmation of receipt merely documents that we have received your order. It does not, however, constitute acceptance of the application.

(7) The contract is only concluded either by our express declaration of acceptance, which is sent with a separate email (shipping confirmation) or by sending the goods.

§ 3 Customer Account

(1) Registration for our online shop is of course free of charge.

(2) However, a customer account may only be registered for a single natural person as a customer. It is not possible for a business to register as a customer within the same customer account.

(3) You are only permitted to register if you have full legal capacity. The customer account is therefore not transferable. However, there is also no entitlement to the opening of a customer account.

(4) The data requested during registration must be provided completely and correctly. If this data changes, you are obliged to update the information immediately.

(5) When you register, you choose a password. This password must be kept secret to prevent unauthorized access to your customer account. You are obligated to inform us immediately if there is any indication that a third party has misused your customer account.

(6) We reserve the right to block your customer account and even permanently exclude you from further trading via our online shop if you have provided false data during registration, transferred the customer account, violated legal regulations, third-party rights or these Terms and Conditions in connection with our online shop, caused significant damage to other customers or us, or if there is another important reason.

§ 4 Delivery, product availability

(1) If no copies of the product you have selected are available at the time of your order, we will inform you of this immediately in a separate email. If the product is permanently unavailable, we will refrain from accepting your order. In this case, no contract will be formed.

(2) If the product you have specified in your order is only temporarily unavailable, we will also inform you of this in a separate email.

(3) If delivery is delayed by more than two weeks, you have the right to withdraw from the contract. In this case, we are also entitled to withdraw from the contract. We will, of course, promptly refund any payments you may have already made.

§ 5 Retention of Title

(1) The delivered goods remain our property until full payment has been received.

(2) During the period of retention of title, you, the customer, may not sell the goods (hereinafter referred to as "reserved goods") or otherwise dispose of ownership thereof.

(3) In the event of third-party access – in particular by bailiffs – to the goods subject to retention of title, you shall indicate our ownership and notify us immediately so that we can enforce our ownership rights.

(4) In the event of breach of contract, in particular in the event of default of payment, we are entitled to demand the return of the goods subject to retention of title from you, provided that we have withdrawn from the contract.

§ 6 Prices and shipping costs

(1) All prices shown on our website are final prices and therefore include the applicable statutory value added tax.

(2) The corresponding delivery and shipping costs can be found at Returns, complaints, and cancellation policies are available online and are your responsibility unless you exercise your right of cancellation, in which case any restrictions may apply. For orders over €100.00 within Germany, we offer free standard shipping.

(3) You shall not be entitled to any right of set-off or retention unless the counterclaim is undisputed or has been established by a final and binding judgment.

§ 7 Vouchers

(1) Vouchers can be redeemed for the purchase of our goods at www.hk-altenburg.de .

(2) Cash payment and/or interest on the voucher value is generally not possible.

(3) If the credit balance of a voucher is insufficient to cover the order, the difference can be paid using the available payment options.

(4) Our vouchers have no expiry date.

(5) Vouchers can only be redeemed before the order process is completed. Vouchers cannot be applied retroactively.

(6) Only one voucher may be used per order.

(7) The voucher is transferable. The use of the vouchers for commercial purposes is not permitted. Duplicating, editing, or manipulating the vouchers is also not permitted.

(8) In addition to vouchers, we also offer so-called promotional vouchers. Promotional vouchers are vouchers that cannot be purchased but are issued by us as part of advertising campaigns with a specific validity period.

§ 8 Payment terms

(1) You can choose to pay for orders and deliveries within Germany under the following conditions:

  • By credit card (VISA, Mastercard, American Express)

  • By invoice (via Klarna)

  • via Google Pay

  • via PayPal

(2) You are responsible for any fees that may be incurred by the respective credit institutions when paying via PayPal, unless otherwise agreed and guaranteed by us. You are also responsible for the final price and the delivery and shipping costs.

(3) You shall bear the fees charged by the transport company DHL (Deutsche Post AG) or UPS for cash on delivery in addition to the final price and the delivery and shipping costs.

(4) For orders and/or deliveries of goods outside of Germany, payment is accepted via credit card, PayPal or GPay. In Austria and Switzerland, payment is also accepted via invoice.

(5) Purchases on installment or trial dates are not possible. This does not affect the statutory right of withdrawal.

(6) Furthermore, payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined by calendar date, you will be in default upon missing the deadline. In this case, unless otherwise agreed, you are obligated to pay default interest at a rate of 5 percentage points above the base interest rate.

(7) Your obligation to pay default interest does not preclude us or the payment service provider you use from claiming further damages for default.

(8) In addition to the purchase on account pursuant to (6), the respective provisions of the other payment service providers you use, such as:
PayPal (PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg)
PayPal terms and conditions: https://www.paypal.com/de/webapps/mpp/ua/legal
GPay terms and conditions: https://payments.google.com/payments/apis-secure/u/0/get_legal_document?ldo=0&ldt=googlepaytos&ldl=de


§ 9 Warranty for defects, guarantee, complaint

(1) We are liable for material defects in accordance with the applicable statutory provisions, in particular Sections 434 et seq. of the German Civil Code (BGB).

(2) An additional guarantee for the goods supplied by us exists only if it has been expressly given in writing for the respective item.

(3) Should the items we deliver exhibit obvious material or manufacturing defects, including transport damage, please report such defects immediately to us or the delivery driver. Failure to report such defects, however, will not affect your statutory rights.

For all defects in the purchased item that occur during the statutory warranty period, you are entitled, at your option, to the statutory rights to subsequent performance, rectification of defects/replacement delivery, and – if the statutory requirements are met – the further rights to price reduction or rescission of the contract, as well as claims for damages, including compensation for damages in lieu of performance and compensation for your wasted expenses.

You can announce your complaint at kontakt@hk-altenburg.de . Returns can be sent to:
Altenburger Hut & Costume GmbH
Lödlaer Chaussee 3D
04617 Lödla
Germany

(4) Insofar as an order relates to goods whose condition has been stated as "Used", the customer has acknowledged before completing the order that the purchased item may deviate from the objective requirements to the extent described and has expressly agreed to this deviation.

§ 10 Liability

(1) Your claims for damages are excluded. This exclusion does not apply to claims for damages arising from injury to life, body, or health, or from the breach of essential contractual obligations (cardinal obligations), nor to liability for other damages resulting from an intentional or grossly negligent breach of duty by us, our legal representatives, or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract.

(2) In the event of a breach of essential contractual obligations, we shall only be liable for the foreseeable damage typical for this type of contract if this was caused by simple negligence, unless the damage is due to injury to life, body or health.

(3) The limitations set out in paragraphs 1 and 2 shall also apply in favor of our legal representatives and agents if claims are brought directly against them.

(4) The provisions of the Product Liability Act remain unaffected.

§ 11 Delivery, Transfer of Risk

(1) The goods will be delivered to the delivery address you have provided. All deliveries within Germany are typically made by DHL (Deutsche Post AG) or UPS.

(2) We will dispatch the purchased goods as soon as possible, at the latest within five working days.

  • after receipt of payment, if you have chosen prepayment (advance payment, cash or PayPal) as your payment method;

  • after the contract has been concluded, if you have chosen cash on delivery as your payment method;

(3) If you pay by credit card, we will initiate the payment on the day the goods are dispatched.

(4) The goods are delivered at our risk. The risk of accidental loss or accidental damage to the goods passes to you only upon delivery; this also applies to mail order purchases.

§ 12 Right of withdrawal of the consumer

(1) You have the right to withdraw from this contract within fourteen days without giving any reason.

(2) The cancellation period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, took possession of the goods. In the case of a contract for several goods that you ordered as part of a single order and that are delivered separately, the cancellation period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, took possession of the last partial shipment or the last item.

(3) To exercise your right of withdrawal, you must write to us.

Altenburger Hut & Costume GmbH

Lödlaer Chaussee 3D
04617 Lödla
Germany

hk-altenburg.de “Revocation”

Tel: +49(0)3447 514 349
Fax: +49(0)3447 514 350
Email: kontakt@hk-altenburg.de

You must inform us of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached withdrawal form , but this is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of the revocation

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the cheapest standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract.
For this refund, we will use the same payment method that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this refund.
We may refuse reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You must return the goods to us without undue delay and in any event no later than fourteen days from the day on which you notified us of your withdrawal from this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
You are only liable for any loss in value of the goods if this loss in value is due to handling of the goods that was not necessary for testing their condition, properties and functionality.

End of the cancellation policy

Unless the parties have agreed otherwise, the right of withdrawal does not apply to the following contracts:

  • Contracts for the supply of goods that are not prefabricated and for whose production an individual selection or specification by you is decisive or which are clearly tailored to your personal needs,

  • Contracts for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons if their seal has been removed after delivery.


§ 13 Dispute Resolution

The European Commission provides a platform for online dispute resolution (ODR), which you can find here. http://ec.europa.eu/consumers/odr/ .
We are prepared to participate in an out-of-court dispute resolution procedure before a consumer arbitration board.
The competent body is the General Consumer Arbitration Board of the Center for Arbitration eV, Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de

§ 14 Final Provisions

(1) Contracts between us and you are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.

(2) If you are an entrepreneur, the place of jurisdiction shall be Gera as the general place of jurisdiction.

(3) The contract remains binding in its remaining parts even if individual provisions are legally invalid. Where applicable, statutory provisions shall replace the invalid provisions. However, if this would constitute an unreasonable hardship for one of the contracting parties, the contract shall be invalid in its entirety.