Terms and Conditions:
Terms and conditions of contract for purchases made via the platform www.thehardestonlineshop.com between Maximilian Kiepe, Brandshofer Deich 45, D-20539 Hamburg
– hereinafter referred to as the “supplier” –
and the end consumer/customer
– hereinafter referred to as the “customer” -.
1. Scope, definitions:
(1) www.thehardestonlineshop.com is an art project designed and developed at the University of Arts in Bremen, Germany and is legally seen as such. However, this shop still uses the sandbox mode til everything is legally clarified.
(2) Business relations between the supplier and the customer will be governed solely by the version of the following general terms and conditions of business valid at the time when the order is placed. If the customer is a merchant under German law, the customer’s different or supplementary terms and conditions will not form part of the contract even if no specific objection is made to them. Likewise, general terms and conditions of such a customer (merchant) or rules diverging from our terms and conditions of sale will only be binding if they have been explicitly agreed to in writing by the supplier.
(3) The customer is a consumer in as far as the purpose of the goods and services ordered cannot be attributed primarily to his work in a commercial or self-employed professional capacity. In contrast, any individual person, legal entity or incorporated partnership exercising his or its work in a commercial or self-employed professional capacity when concluding the contract is a businessman.
(4) Contracts with the customer will be concluded in the German or English language, irrespective of whether the customer places the order solely via the English-language page of the online shop. If the customer’s order is placed from Germany (the customer’s place of residence or the delivery address is in Germany), the German version of these general terms and conditions will prevail accordingly. If the order is placed from outside Germany, the English version of these general terms and conditions must be used.
2. Conclusion of contract:
(1) The customer can select products from the supplier’s product range and collect them in a so-called cart using the “Purchase” button. He will make a binding offer to purchase the merchandise in the cart using the “Pay Now” button. Before sending the order, the customer may amend and view the details at any time. Every offer must be confirmed in order to identify and prevent input errors during the order process. All details can be corrected prior to confirmation. The offer can only be made and sent if the customer accepts these terms of contract by clicking all the “Agree” buttons and thereby making them part of his offer.
(2) The supplier will then send the customer an automatic confirmation of receipt by e-mail in which the customer’s order will once more be shown and which the customer can print using the “Print” function. The automatic confirmation of receipt will document only that the customer’s order has been received and will not constitute acceptance of the offer to purchase. The contract will only be formed when the supplier states its acceptance, which will be sent in a separate e-mail (confirmation of order). In this e-mail or in a separate e-mail, but no later than the delivery of the merchandise, we will send the text of the contract (consisting of the order, the GT&C and the confirmation of order) to the customer on a permanent data medium, that is, by e-mail or printed hard copy (confirmation of contract). The text of the contract will be stored in a manner which protects data privacy.
3 Delivery, availability of merchandise:
(1) The merchandise will be delivered to the customer by a third party (logistics company).
(2) The merchandise will be shipped within twenty working days of receipt of the incoming payment.
(3) Part deliveries are permissible unless the customer clearly has no interest in them or they are clearly unreasonable. The costs of transport and packaging will only be charged once in the event of part deliveries.
(4) If none of the product selected by the customer is available at the time of the order, the supplier will inform the customer immediately of this fact in the confirmation of order. If the product is unavailable permanently or for a long period, the supplier will not issue an acceptance statement. In this case, no contract will be formed.
(5) If the product designated by the customer in the order is only temporarily unavailable, the supplier will also inform the customer of this fact without delay in the confirmation of order. In the event of a delay in delivery of more than four weeks, the customer will have the right to withdraw from the contract. The customer’s statutory right of cancellation (see Section 9 of these terms of contract) will remain unaffected by this. Moreover, in this case the supplier will also be entitled to release itself from the contract. In this case, it will refund any payments already made by the customer without delay.
(6) The following restrictions on delivery exist: the supplier will only deliver merchandise to customers having their normal place of residence (billing address) in a country to which the forwarding service provider used (Deutsche Post/DHL) makes delivery.
4. Retention of title:
The merchandise delivered will remain the property of the supplier until payment is made in full.
5. Prices and shipping costs:
(1) All prices stated on the supplier’s website include the currently applicable value added tax.
(2) The customer will be informed of the applicable shipping costs in the order form. These will be borne by the customer unless the customer has exercised his right of cancellation.
(3) The merchandise will be forwarded by post. The supplier will bear the shipping risk if the customer is a consumer.
(4) In the case of a cancellation, the customer must bear the direct costs of returning the merchandise.
6. Terms of payment:
(1) The customer may make payment by PayPal.
(2) The purchaser will be obliged to pay the purchase price without delay upon conclusion of the contract. The customer will be in default if he fails to make payment within 14 days of the due date and delivery of an invoice or equivalent request for payment. If the customer is a consumer within the meaning of Section 13 German Civil Code (BGB), however, this will only apply if his attention has been specifically drawn to these consequences by the supplier in the invoice or payment statement.
(3) In the event of default by the customer, the supplier reserves the right to withdraw from the contract. His attention must likewise be drawn specifically to this fact in the request for payment.
(4) The customer’s obligation to pay default interest will not exclude the supplier’s right to assert further damages on the grounds of the default.
7. Liability for defects, guarantee (1) The supplier will be liable for defects in accordance with the applicable legislation, in particular Sections 434 ff BGB. For businessmen, the guarantee period for items delivered by the supplier is 12 months.
(2) An additional guarantee on the merchandise delivered by the supplier will only exist if such a guarantee is explicitly given in the confirmation of order for the article in question.
8. Liability (1) The customer will not be entitled to claim damages. Exceptions here are claims for damages by the customer due to death, personal injury or damage to health or due to the infringement of material contractual obligations (“cardinal duties”) or liability for other damages arising from an intentional or grossly negligent breach of duty on the part of the supplier, its legal representatives or employees. Material contractual obligations are those whose performance is necessary to achieve the object of the contract.
(2) In the event of infringement of material contractual obligations, the supplier will only be liable for foreseeable damage typical of the contract if caused by simple negligence, unless the customers’ claims for damages are due to death, personal injury or damage to health.
(3) The restrictions in Paras. 1 and 2 will also apply to the legal representatives and employees of the supplier if claims are asserted against them directly.
(4) The provisions of the German Product Liability Act (Produkthaftungsgesetz) will remain unaffected.
9. Cancellation policy:
(1) Consumers concluding a distance selling transaction always have a legal right of cancellation, about which the supplier provides information below in accordance with the legal wording. The exceptions from the right of cancellation are governed by Para. (2). Para (3) contains a model cancellation form.
Right of cancellation:
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party appointed by you, who is not a freight forwarder, took possession of the merchandise. In order to exercise your right of cancellation, you have to inform us (Maximilian Kiepe, Brandshofer Deich 45, D-20539 Hamburg, E-Mail: firstname.lastname@example.org) of your decision to cancel the contract by an unambiguous statement (e.g. a letter sent by post, a fax or an e-mail). You can use the attached model cancellation form, but are not obliged to do so. The cancellation period will be sufficiently observed if you dispatch the notification that you wish to exercise the right of cancellation before the cancellation period expires.
Consequences of cancellation:
If you cancel this contract we must refund all payments that we have received from you, including delivery costs (with the exception of the additional costs arising from your selecting a different type of delivery from the low-cost standard delivery offered), without delay and no later than fourteen days from the date on which we receive the notification of your cancellation of this contract. We will use the same means of payment for this repayment as you used in the original transaction unless an alternative has been explicitly agreed with you; you will never be charged fees on the grounds of this repayment. We may refuse to make the repayment until we have received the return of the merchandise or until you have furnished proof that you have returned the merchandise, whichever is the earlier. You must send back or hand back the merchandise without delay and always within a maximum of fourteen days from the date on which you informed us of the cancellation of this contract. The period will be observed if you dispatch the merchandise before the end of the fourteen-day period. You will bear the direct costs of returning the merchandise.
You will only have to pay for any loss of value of the merchandise if this loss is due to its being handled in a manner that is not necessary in order to verify the characteristics, properties and functioning of the merchandise.
(2) There is no right of cancellation in the case of contracts to deliver sound or video recordings or computer software in a sealed package if the seal has been removed after delivery. Likewise, there is no right of cancellation for contracts
– for the supply of merchandise which is not prefabricated and for whose manufacture an individual selection or decision by the consumer is of decisive importance, or merchandise which is clearly tailored to the personal needs of the consumer:
– for the delivery of newspapers, magazines or illustrated magazines, with the exception of subscription agreements.
(3) The supplier provides information on the model cancellation form in accordance with the statutory regulations as follows:
Model cancellation form
(If you wish to cancel the contract, please complete and return this form.)
— Maximilian Kiepe
— Brandshofer Deich 45
— D-20539 Hamburg
— I/we (*) hereby cancel the contract that I/we (*) concluded
for the purchase of the following merchandise (*)/the performance of the following
— Ordered on (*)/received on (*)
— Name of consumer(s)
— Address of consumer(s)
— Signature of consumer(s) (only if notification is on paper)
(*) Delete as applicable
10. Concluding provisions
(1) Irrespective of the contract language, the law of the Federal Republic of Germany applies to contracts between the supplier and the customer to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. The statutory regulations on the restriction of the choice of law and the applicability of mandatory regulations, in particular of the country in which the customer as a consumer usually resides, will remain unaffected.
(2) In so far as the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the supplier will be the location of the supplier’s registered office.
(3) If individual points are legally ineffective, the remaining parts of the contract will remain binding. The ineffective points will be replaced by the statutory regulations, if available. In so far as this would represent unreasonable hardship for one of the contracting parties, however, the contract as a whole will become ineffective.
I. German Packaging Ordinance (Verpackungsordnung):
We are obliged under the rules of the Packaging Ordinance to take back packaging of our products that does not bear the mark of a general recycling system (such as the “green dot” of Duales System Deutschland AG or the “RESY” symbol) and to ensure that they are reused or recycled. For further clarification of returns please contact us in the case of such products. We will then inform you of a municipal collecting point or a recycling company local to you that will accept the packaging free of charge. Should this be impossible, you have the option to send the packaging to us. We will reuse the packaging or recycle it in accordance with the provisions of the Packaging Ordinance. As an online trader, we are obliged by the legislator to draw your attention to this ordinance.
II. German Batteries Act (Batteriegesetz):
In connection with the distribution of batteries or accumulators or with the delivery of devices containing batteries or accumulators, we are obliged under the German Batteries Act (Batteriegesetz; BattG) to draw your attention to the following: Batteries may not be placed in domestic waste. As the end user, you are legally obliged to return used batteries. The supplier is a distributor within the meaning of the Batteries Act. You can therefore return batteries to us after use free of charge. You can either send the used batteries to us at the address given in the publication details or hand them in at our business premises at the address given in the Legal Notice. Alternatively, you can also return them free of charge at the return points set up for the purpose by the public waste management services. The symbols shown on the batteries have the following meanings:
a) The symbol of the struck-through waste bin shown below has the following meaning: “Batteries may not be placed in domestic waste”.
Pb: This battery contains more than 0.004 percent by mass of lead (Pb = lead);
Cd: This battery contains more than 0.002 percent by mass of cadmium (Cd = cadmium);
Hg: This battery contains more than 0.0005 percent by mass of mercury (Hg = mercury).
III. Data privacy:
Maximilian Kiepe will collect, use and process your personal data (e.g. your name or address) solely in accordance with the provisions of German data privacy legislation, in particular the German Data Protection Act (Bundesdatenschutzgesetz) and the German Telemedia Act (Telemediengesetz). We inform you below about the type, scope and purpose of the collection, use and processing of personal data by the supplier when you purchase merchandise through our online shop. We only record personal data in so far as you supply them to us in the context of the ordering procedure and purchasing process. These data are only used without your specific consent in as far as they are required to fulfil and complete the purchase contract (e.g. passing on your address details to the forwarding company). Consent under the Data Protection Act: By submitting an order, the purchaser (customer) gives consent to his data being processed for the purpose of fulfilling the contract. This consent may be revoked at any time with effect for the future. Maximilian Kiepe will only pass on your data beyond this if it is obliged to do so under mandatory statutory regulations. For example, Maximilian Kiepe must pass on the data in individual cases under an order from the responsible authority if they are required for purposes of criminal prosecution. They will not be passed on to third parties for advertising purposes. Unless you have explicitly consented to their further use, your data will be blocked for further use after the contract is fulfilled and will be deleted after the keeping periods required by tax and commercial law. You have the right to information at any time, free of charge and without delay about stored data relating to your person, in particular about the origin of the data, recipients and categories of recipients to whom or which the data has been passed on and the purpose for which it is being stored. Maximilian Kiepe will also provide you with this information electronically on request. You also have the right to have incorrect data corrected at any time and without delay and to have it blocked and deleted.
Your contact for data privacy is:
Brandshofer Deich 45
Telephone: +49 176 736 447 58
Maximilian Kiepe will also be available to you to provide information and correct, block or delete data under the above contact details. Otherwise, we refer you to the current version of our data privacy statement.
IV. Consumer information:
You can download the above consumer information in print form here. It will also be sent to you again by e-mail by Maximilian Kiepe after the contract is concluded. This e-mail will also provide you with the cancellation policy in text form.
V. Shipping information:
Letter inside of Germany (via “DPAG national“; delivery time: 1-2 working days)
up to 500g (max. 1 copy): €1,15
up to 1000g (max. 2 copies): €2,20
Parcel inside of Germany (DHL Paket national; delivery time: 1-2 working days)
up to 2kg (max. 6 copies): €3,65
up to 5kg (max. 15 copies): €4,20
up to 16kg (max. 50 copies): €5,25
Letter worldwide (via “DPAG international (Priority Airmail)“; delivery time EU: 3-5 working days, delivery time rest of the world: 5-15 working days) up to 500g (max. 1 copy): €3,50
up to 750g (max. 2 copies): €6,00
up to 1000g (max. 3 copies): €6,60
up to 1500g (max. 5 copies): €11,00
up to 2000g (max. 6 copies): €14,50
For international deliveries of bigger parcels, please get in touch: email@example.com
If you are a reseller and need news stock, please send us a message: firstname.lastname@example.org
VI. Legal Notice
Brandshofer Deich 45
Tax ref. —
VAT no. —
Telephone: +49 176 376 447 58
VI. Online dispute resolution:
The online dispute resolution platform of the European Commission: www.ec.europa.eu/consumers/odr The European Commission provides a web-based platform for resolving disputes online (the “ODR platform”). The ODR platform provides a resource for resolving out of court disputes arising from online purchase contracts. The ODR platform can be reached at the link provided above.