We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
1. The following terms and conditions finally regulate the contractual relationship between The Hanging Man, fjnland GbR, represented by the personally liable partners Johannes Rügamer, Felix Konrad, Nicolai Schamel, Frankfurter Straße 87, D-97082 Würzburg, in the following referred to as “seller” and the respective customer.
2. These general terms and conditions apply exclusively. Any terms and conditions of the customer that are contrary to or deviate from these Terms and Conditions shall not be recognised unless the Seller has expressly agreed to them in the individual case.
3. They apply to consumers as well as to entrepreneurs. Consumer in the sense of these terms and conditions is any natural person who places an order for purposes that are predominantly neither commercial nor their independent professional activity. Entrepreneur in the sense of these GTC is a natural or legal person or a partnership with legal capacity, which acts in exercising its commercial or independent professional activity when placing an order.
4. Subject of the respective contract is the sale of goods by the seller to the customer.
5. The offers provided by the seller on his website are binding offers to conclude a sales contract. An effective sales contract between the parties is concluded when the buyer clicks on “Pay now” at the end of the ordering process. In the case of goods that are subject to an age restriction, a sales contract is only concluded under the suspensive condition that the customer fulfils the age requirements. The seller is entitled to demand a corresponding proof of age.
6. The contract text and the general terms and conditions will be sent to the customer after the order by e-mail.
7. The conclusion of the contract takes place exclusively in German language. German law is applicable if the customer is a merchant.
8. All prices are to be understood as euro prices.
§ 2 Handling of the sales contract, shipping costs
1. The customer bears the shipping costs from the place of the seller’s branch office in accordance with the shipping costs table valid at the time of the order under www.hangingman.de/versand
2. Upon conclusion of the purchase contract, the payment of the purchase price is due immediately. The customer has the possibility to choose between different payment methods.
3. The seller is entitled to withdraw from the contract if he does not receive the object of performance despite the prior conclusion of a corresponding purchase contract; the seller’s responsibility for intent or negligence remains unaffected. In this case, the Seller shall immediately inform the Buyer of the unavailability and shall immediately refund any consideration already paid. In this case, the Seller reserves the right to offer goods of equivalent price and quality with the aim of concluding a new contract for the purchase of goods of the same price and quality.
4. The customer will, insofar as it is a mutual commercial transaction in the sense of the German Commercial Code, examine the ordered goods immediately after delivery. This applies in particular with regard to the completeness of the goods and the respective functionality. Defects that are detected or can be detected without further ado must be reported to the seller immediately. A detailed description of the defect must be enclosed. If the buyer fails to notify the seller, the goods shall be deemed to be approved, unless the defect was not detectable during the inspection.
5. Defects in the goods which cannot be detected in the course of the proper inspection in accordance with paragraph 5 must be notified to the seller immediately after their detection, provided that this is a mutual commercial transaction; otherwise the goods shall be deemed to have been approved even in view of this defect.
§ 3 Warranty and liability
1. The seller is generally liable for defects in the goods in accordance with the statutory provisions of the law on the sale of goods (§§ 434 et seq. BGB) and – if the customer is a consumer – the law on the sale of consumer goods (§§ 474 et seq. BGB), unless otherwise stipulated in these General Terms and Conditions.
2. If the customer is an entrepreneur, the warranty period of the rights from § 437 No. 1 and No. 3 BGB for new articles is one year from the statutory commencement of the limitation period, notwithstanding § 438 para. 1 No. 3 BGB. For consumers, the statutory warranty period of two years applies in the case of § 438 Para. 1 No. 3 BGB.
3. If the customer is an business, the warranty for used articles is excluded. For consumers, the warranty period of the rights from § 437 No. 1 and No. 3 BGB is shortened to one year from the statutory start of the limitation period for used articles, in deviation from § 438 Paragraph 1 No. 3 BGB.
4. The seller is not liable for damages caused by slight negligence.
5. The limitations of liability according to the preceding numbers 2, 3 and 4 do not apply to damages resulting from injury to life, body or health, in the case of fraudulent concealment of defects, claims from the Product Liability Act, in the case of intent and gross negligence as well as in the case of violation of obligations, the fulfilment 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.
§ 4 Ownership reservation, transfer of risk
1. The delivered goods remain the property of the seller until full payment has been received.
2. If the customer is an entrepreneur, then the risk is already transferred to the entrepreneur when the goods are handed over to the transport company. In the case of consumers, the risk is not transferred until the goods are handed over to the customer.
§ 5 Delay and cost of delay
1. The customer, who is not a consumer, is in default if he has not paid within 30 days of the due date
2. Consumers are also in default within 30 days of the due date if they are informed of this consequence in the invoice or request for payment.
3. The seller is entitled to charge the customer a flat-rate reminder fee of € 2.50 for each reminder. The customer is allowed to prove that no damage or only a smaller damage has been caused. The assertion of further reminder costs is expressly reserved.
§ 6 Final clauses
1. German law is exclusively applicable to these General Terms and Conditions of Business and to the respectively concluded sales contract, excluding the UN Sales Convention, if the customer is not a consumer.
2. If one or more clauses of these terms and conditions of business are invalid in whole or in part, the validity of the remaining provisions shall not be affected.