Terms of Service
This is a translation of the “Terms of Service” in German to the best of one’s knowledge and belief. If in doubt, the German version is decisive.
Terms for purchase contracts that are concluded on this web site https://hangbird.net
Hangbird, Samuel Kutter
USt. Nr. DE269698539
– called „supplier“ –
the users of this web site who are mentioned in § 2 of these terms – called “customers”.
§ 1 Scope of terms
For the business relationship between supplier and customer, the subsequent terms are exclusively relevant in the version that are effective at the moment of the purchase. Other terms by the customers are not recognised, unless the supplier agrees with them explicitly in a written statement.
§ 2 Conclusion of the contract
(1) The customer can choose products from a range of the supplier and collect them in a “cart” using the the button “add to cart”. Using the button “buy now”, the customers pronounces a binding request for the purchase order of the chosen products in the cart. Before submitting the order, the customer can review and change the data at any time.
(2) The supplier hereupon sends an automatic acknowledgement of receipt per Email, where the order of the customers is included once more. The purchase order (1) represents the offer for concluding the purchase contract regarding the contents of the cart. The acknowledgement represents the acceptance of the offer by the supplier, summarising the contents of the order. In this email or in a separate email, at the latest with the delivery of the goods, we will send you the complete purchasing order (consisting of order, terms and acknowledgement) on a permanent data carrier (email or print out on paper). The purchase order will be saved, respecting data protection rules.
(3) The conclusion of contract happens in the languages: German and English.
§ 3 Delivery, availability, payment modalities
(1) Delivery times are based on the moment of our acknowledgement (§2 (2)) if payment has occurred beforehand.
(2) If the product that has been ordered by the customer is temporarily out of stock, the supplier will communicate this immediately. If the delay is more than two weeks, the customers has the right to revoke the purchase order. Also, in this case, the supplier too has the right to cancel the purchase agreement. In this case, any potential payment by the customer will be refunded immediately by the supplier.
(3) There the following delivery limitations: The supplier only ships to customers who have their ordinary residence (billing address) in one of the subsequent countries: Germany, Switzerland, Austria, EU-countries, Great Britain, Norway.
(4) The customer can execute the payments by bank transfer, which has to be free of receiving bank charges (in particular from bank transfers from outside SEPA). Depending on the client’s country, other payment options might be offered.
(5) The payment of the order amount is due immediately after conclusion of the purchase agreement. If the due date is set according to the calendar, then the customer is in delay after failure of paying timely on the due date.
§ 4 Reservation of proprietary rights
Until the complete payment of delivered goods, the goods are property of the supplier.
§ 5 Prices and shipping costs
(1) All prices that are indicated on the web page of the supplier include VAT
(2) The shipping costs are shown to the customer in the order form and have to paid by the customers unless the customer later revokes the purchase order.
(3) In case of revocation, the client has to bear the shipping costs to return the goods.
§ 6 Warranty covering flaws and defects
(1) The supplier is liable for flaws and defects according to the corresponding legal requirements, in particular §§ 434 pp. BGB (German commercial code). For enterprises, the warranty time is 12 months. (Note outside of the terms: the cited German law imposes a warranty for flaws and defects of 24 months for private customers.)
§ 7 Liability
(1) The client cannot make claims of compensation for damages, except regarding damages against life or health or resulting from violations of substantial contractual obligations (“Kardinalpflichten”) and damages, that are due to deliberate or grossly negligent neglect of duty of the supplier or his legal representations or vicarious agents. Substantial contractual obligations are obligations that are necessary to fulfil the contract.
(2) For damages of substantial contractual obligations, the supplier only is liable for the damage that is typical and foreseeable in the context of the contract if it is caused by simple negligence, except the damage concerns life, body or health.
(3) The limitations of section 1 and 2 also apply to legal representatives and vicarious agents of the supplier if claims are pleaded against them directly.
(4) The provisions of the the product liability code (“Produkthaftungsgesetz”) are not affected by the terms.
§ 8 Information about data processing
(1)The supplier ask for information from the customer to fulfil the contract. In this respect, he pays attention to the regulations of the German federal code for data protection and for “telemedia”. Without explicit consent, the supplier will only request, process and use data by the client to fulfil the contract and to use it for communication purposes. To increase reliability of delivery and quality of customer service, the supplier will ask for the email address and phone number (the latter is optional) and will pass it on to the parcel service. The customer can object to this by leaving a comment in the appropriate input field during checkout process.
(2) Without consent, the supplier will not use customer’s data for advertising, market or opinion research.
§ 9 Final provisions
(1) The purchase contracts between supplier and customer are subject to German law to the exclusion of the UN Convention of Contracts for the International Sale of Goods and of the private international law.
(2) If the customer is a merchant, a legal entity under public law or public special assets, the place of jurisdiction for disputes from contractual issues is the place of the supplier.
(3) If some parts of the contract are invalid, the other aspects of the contract and the terms remains effective. Instead of the invalid parts, default legal provisions shall be effective. If this imposes unreasonably harsh conditions for one of the parties, the whole contract shall be void.