General Terms and Conditions

1. Scope of Application

1.1 These General Terms and Conditions (hereinafter referred to as “GTC“) of Michael Spengler, trading as “HautSpektakel®” (hereinafter referred to as “Seller“), apply to all contracts for the delivery of goods, which a consumer or entrepreneur (hereinafter referred to as “Customer“) concludes with the Seller with regard to the goods presented by the Seller in his online store.

1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.

1.3 Our general terms and conditions apply exclusively . Any general terms and conditions of the customer that deviate from our general terms and conditions shall not be valid unless we expressly agree to them in advance.

1.4 Order processing and contacting usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

2. Conclusion of Contract

2.1 The Customer can select goods from the Seller’s assortment and send his order to the Seller via the button “Send order bindingly“. In this way, the customer makes a binding offer to purchase the goods selected by him. Before sending his order, the customer can change and view the data entered by him at any time and correct input errors himself.

However, the customer’s offer to purchase the goods selected by him can only be bindingly submitted and transmitted if the customer has expressly accepted the general terms and conditions of the seller by placing a check mark in the selection button “Accept terms and conditions” and thereby included them in his application. By submitting the order in our webshop, the customer makes a binding offer to conclude a contract.

Before bindingly submitting the order via the Seller’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the magnification function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the “Buy now” button (or similar) provided for this purpose, which concludes the ordering process.

2.2 The Seller may accept the Customer’s offer within five days,

  • by sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation by the Customer shall be decisive, or
  • by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer shall be decisive, or
  • by requesting payment from the customer after the customer has placed the order.

 

The seller will confirm the receipt of the order to the customer immediately by e-mail Within 3 working days from receipt of the order (offer) by the seller, the seller will send the customer by e-mail a written order confirmation of the order (offer) submitted by the customer. The purchase contract is not concluded until the order confirmation is submitted by the seller to the customer.

The period for acceptance of the offer begins on the day following the dispatch of the offer by the customer and ends with the expiry of the fifth day following the dispatch of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the Customer shall no longer be bound by its declaration of intent.

2.3 When submitting an offer via the Seller’s online order form, the text of the contract shall be stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail, fax or letter) after the Customer’s order has been sent. The Seller shall not make the text of the contract subsequently accessible beyond this. If the Customer has set up a user account in the Seller’s online store before submitting his order, the order data shall be stored on the Seller’s website and can be accessed by the Customer free of charge via his password-protected user account by providing the relevant login data.

2.4 Only the German language is available for the conclusion of the contract.

3. Right of Revocation

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 More detailed information on the right of withdrawal can be found in the “Cancellation Policy” of the seller.

4. Terms of Payment

More detailed information on the terms of payment can be found in the “Terms of Payment” section of the Seller’s website.

5. Shipping and Delivery

5.1 More detailed information about the shipping and delivery conditions can be found in the information point “Shipping and Delivery” on the Seller’s website.

6. Retention of Title

We retain title to the delivered goods until the purchase price has been paid in full.

7. Warranty

7.1 In the event of a defect, the customer shall have the choice of whether the subsequent performance is to be effected by repair or replacement. However, we shall be entitled to refuse the type of subsequent performance chosen by the customer if it is only possible at disproportionate cost and the other type of subsequent performance does not involve any significant disadvantages for the customer.

If the supplementary performance has failed or if we have refused the supplementary performance altogether, the customer may, at his option, demand a reduction of the purchase price or declare his withdrawal from the contract. Any claims for damages on the part of the customer shall remain unaffected by this.

7.2 If the Customer is an entrepreneur within the meaning of § 14 BGB (German Civil Code), the following shall apply to the Customer’s warranty claims as agreed:

Obvious defects must be reported to the Seller in writing without delay, at the latest within 14 calendar days after delivery of the goods; hidden defects must also be reported in writing without delay, at the latest within 14 calendar days after they become known. If the notification of defects is not made in due time, the warranty rights of the Customer with respect to the defect not notified in due time shall be excluded. This shall not apply, however, if the Seller has fraudulently concealed the defect and/or has assumed a corresponding warranty. Warranty claims shall become statute-barred – except in the case of claims for damages – within one year after delivery of the purchased item to the customer.

7.3 For consumers, the warranty period shall be two years from delivery of the goods.

7.4 The warranty does not cover normal wear and tear of the goods or defects that arise after delivery, for example due to external influences. Warranty claims also do not exist in case of improper handling of the goods by the customer.

7.5 5 The customer is requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the seller of this. If the customer does not comply with this, this has no effect on his legal or contractual claims for defects.

8. Limitation of Liability

The Seller shall be liable to the Customer for all contractual, quasi-contractual and statutory claims, including claims in tort, for damages and reimbursement of expenses as follows:

8.1 The Seller shall be liable without limitation for any legal reason whatsoever

  • in case of intent or gross negligence,
  • in case of intentional or negligent injury to life, body or health,
  • on the basis of a warranty promise, unless otherwise regulated in this respect,
  • on the basis of mandatory liability such as under the Product Liability Act.

 

8.2 If the Seller negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless liability is unlimited pursuant to the preceding clause. Material contractual obligations are obligations which the contract imposes on the Seller according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the Customer may regularly rely.

8.3 Otherwise, any liability of the Seller shall be excluded.

8.4 The above liability provisions shall also apply with regard to the Seller’s liability for its vicarious agents and legal representatives.

9. Redemption of Gift Vouchers

9.1 Gift certificates that can be purchased via the Seller’s showroom (hereinafter “Gift Certificates“) can only be redeemed in the Seller’s showroom (HIGIS-Ring 2, DE-54578 Wiesbaum).

9.2 Gift Vouchers and remaining balances of Gift Vouchers are redeemable until the end of the third year after the year of the purchase of the Gift Voucher. Remaining balances will be credited to the customer until the expiration date. Remaining credits will be credited to the customer until the expiration date.

9.3 Gift Vouchers can only be used for the purchase of goods and not for the purchase of further Gift Vouchers.

9.4 The balance of a gift voucher is neither paid out in cash nor does it earn interest.

9.5 The gift voucher is transferable. The Seller may make payment with discharging effect to the respective holder redeeming the Gift Voucher in the Seller’s showroom (HIGIS-Ring 2, DE-54578 Wiesbaum). This shall not apply if the Seller has knowledge or grossly negligent ignorance of the ineligibility, legal incapacity or lack of representative authority of the respective holder.

10. Alternative Dispute Resolution

10.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link:

 

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.

10.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

Michael Spengler
HautSpektakel® – Die Wohlfühlmanufaktur
HIGIS-Ring 2
DE-54578 Wiesbaum

Stand: October 2021