Terms and conditions
1. Scope of Application
1.1 These terms and conditions apply to all deliveries of Havsund GmbH to consumers within the meaning of § 13 BGB. Consumers are natural persons who conclude a legal transaction for purposes that cannot be attributed to their commercial or self-employed professional activity.
2. Contractual Partner
The purchase contract is concluded with Havsund GmbH, Possenhofener Str. 58, D-82319 Starnberg - legally represented by the managing directors Daniel Klüser and Philipp Wiegel. The company is registered with the Munich District Court under the number HRB 188019.
3. Conclusion of Contract
3.1 The presentation of the products on the websites of Havsund GmbH does not constitute a legally binding offer, but an invitation to order.
3.2 The customer places the order for the product by sending the completed order form online. Before sending the form, the customer is prompted to check the information and correct any input errors.
3.3 The receipt of the order is then automatically confirmed electronically, although this declaration does not constitute acceptance of the contract offer. The acceptance of the customer's order takes place within two weeks in a separate confirmation or by sending the product within this period. Havsund GmbH sells the product to end customers for their personal use and not for commercial use. The product is sold only in customary quantities.
4. Return Completed
Once we have processed your return and initiated the refund, you will be notified by us. If we have created a voucher for you, you will receive it immediately by email. If it is a refund to your original payment method, please note that it may take several days for the refund amount to appear there.
5. Subscription Products
5.1 Havsund GmbH offers the option to purchase selected products on subscription basis. If customers have subscribed to products, these will be automatically ordered for them and delivered to the delivery address specified by the customer, with the delivery frequency (monthly) and quantity of the products chosen at the time of order, without the customer having to take any action. Each individual order within the subscription constitutes a separate purchase contract. The contract is concluded when the price is debited for the respective individual order. For each individual order, the customer receives an order confirmation and a shipping confirmation as soon as the order has been dispatched.
5.2 Through the customer portal - accessible via the customer account once the customer has subscribed to a product subscription - the customer can manage their subscription. Through this portal, the customer can:
- pause or skip an order
- adjust the date for the next order (applies only to subscriptions that are not limited to fixed intervals, e.g., every Monday or every 15th of a month)
- cancel the subscription
- change the order frequency of their subscription.
Changes or cancellations of the subscription are only effective if made at least 24 hours before the next debit date.
The subscription continues until it is canceled. Havsund GmbH reserves the right to cancel the subscription at any time. If the subscription is canceled, the customer will receive corresponding notification.
5.3 If problems arise in connection with the delivery address or payment processing of the customer that Havsund GmbH cannot resolve, Havsund GmbH will notify the customer at the email address provided and suspend their subscription. No further subscription orders will be processed or delivered until the problem is resolved.
5.4 The customer's other rights remain unaffected.
6. Prices and Shipping Costs
6.1 The prices stated on the product pages include the statutory value-added tax and other price components.
6.2 In addition to the prices indicated, shipping costs may apply. The shipping costs will be clearly communicated to the customer on the product pages, in the shopping cart system, and on the order page.
6.3 Customers have the option to pay for the ordered products with the payment methods specified at checkout.
7. Delivery, Partial Deliveries, Reservation of Self-Delivery
7.1 Delivery is only made to addresses within the countries specified in the shopping cart or on the Shipping & Payment page. Deliveries to other countries only upon request.
7.2 Delivery is made by postal service. The delivery time for shipments within Germany can be found on the product pages. Delivery times for intra-European countries can be found on the delivery and shipping costs page.
7.3 If not all ordered products are in stock, Havsund GmbH is entitled to make partial deliveries at its own expense, provided that this is reasonable for the customer.
7.4 Havsund GmbH is entitled to withdraw from the contract if it does not receive the delivery item despite the prior conclusion of a corresponding purchase contract on its part; the seller's responsibility for intent and negligence remains unaffected. The seller will inform the customer immediately if the delivery item is not available on time and, if he wishes to withdraw, exercise the right of withdrawal immediately; in the event of withdrawal, the seller will immediately refund the corresponding consideration to the buyer.
7.5. Events of force majeure entitle the seller to postpone the delivery by the duration
8. Retention of Title
8.1 The delivered goods remain the property of Havsund GmbH until full payment has been made.
8.2 If the customer sells the goods subject to retention of title before they have been fully paid for, he assigns his claim against the third party until the claim has been settled. The seller accepts this assignment.
8.3 Pledges, assignments of security, sales in the sale-and-lease-back process, and other disposals by the customer are not permitted as long as the retention of title exists.
8.4 In the event of third-party access, such as seizure, as well as in the event of damage or destruction of the goods, the customer is obliged to inform the seller immediately.
9. Right of Withdrawal
Consumers have the following right of withdrawal:
Instructions on Withdrawal:
You have the right to withdraw from this contract within fourteen days without giving any reason.* The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the last goods or has. To exercise your right of withdrawal, you must inform us (Havsund GmbH) of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post, or email: service@havsund.com). 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.
*Digital products such as e-books are excluded from withdrawal.
Consequences of Withdrawal
If you withdraw from this contract, we shall reimburse you for all payments received from you, including delivery costs (with the exception of the additional costs arising from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
The right of withdrawal does not apply to the following contracts:
- Contracts for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
Non-existence of the Right of Withdrawal
The right of withdrawal does not exist, unless the parties have agreed otherwise, for the following contracts: Contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer, Contracts for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded, Contracts for the delivery of sealed goods which, for reasons of health protection or hygiene, are not suitable for return if their seal has been removed after delivery, Contracts for the delivery of goods if they have been inseparably mixed with other goods after delivery due to their nature, Contracts for the delivery of alcoholic beverages, the price of which was agreed upon at the time of conclusion of the contract, but which can be delivered at the earliest 30 days after conclusion of the contract and whose current value depends on fluctuations in the market over which the entrepreneur has no influence, Contracts for the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery, Contracts for the delivery of newspapers, periodicals or magazines with the exception of subscription contracts.
10. Warranty
The statutory warranty provisions apply. The warranty period is two years and begins with the handover of the goods.
11. Data Protection
carried out in compliance with the applicable Federal Data Protection Act (BDSG) and the Telemedia Act (TMG). Further information can be found in the privacy policy.
12. Final Provisions
11.1 The law of the Federal Republic of Germany applies. This applies to consumers only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
12.2 The provisions of the UN Sales Convention are excluded.
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