General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to all contracts that you conclude with us as the provider (havenda.de) via the website www.havenda.de . Unless otherwise agreed, the inclusion of any terms and conditions you may use is hereby excluded.
(2) A "consumer" within the meaning of the following provisions is any natural person who concludes a legal transaction that cannot be predominantly attributed to their commercial or independent professional activity. The term "entrepreneur" refers to any natural or legal person or partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Conclusion of contract
(1) The subject of the contract is the sale of products.
(2) By placing the respective product on our website, we make you a binding offer to conclude a purchase contract under the conditions specified in the item description.
(3) The purchase contract is concluded via the online shopping cart system as follows: The products intended for purchase are placed in the "shopping cart". You can access the shopping cart using the corresponding button in the navigation bar and make changes there at any time. After accessing the "Checkout" page and entering your personal data as well as the payment and shipping conditions, all order data will finally be displayed on the order overview page. If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Sofort), you will either be redirected to the order overview page in our online shop or to the website of the instant payment provider. If you are redirected to the instant payment system, you make the appropriate selections and enter your data there. You will then be redirected back to the order overview page in our online shop. Before submitting the order, you have the opportunity to check all details again, change them (also using the "Back" function of your Internet browser) or cancel the purchase. By submitting your order using the “Buy” button, you declare your legally binding acceptance of the offer, thereby concluding the purchase contract.
(4) Requests for a quote submitted to us are non-binding. We will submit a binding offer in text form (e.g., by email), which you can accept within 5 days.
(5) The order processing and transmission of all information required in connection with the conclusion of the contract will be carried out via email, partially automated. You must therefore ensure that the email address you have provided us with is correct and that receipt of the emails is technically guaranteed and, in particular, not blocked by spam filters.
§ 3 Individually designed goods
(1) You shall provide us with the information, texts, or files required for the individual design of the goods via the online ordering system or by email immediately after conclusion of the contract. Our specifications regarding file formats, if any, must be observed.
(2) You agree not to transmit any data whose content violates the rights of third parties (in particular copyrights, naming rights, trademark rights) or violates existing laws. You indemnify us against all claims asserted by third parties in this regard. This also includes the costs of any legal representation required in this regard.
(3) We do not check the transmitted data for accuracy and therefore assume no liability for errors.
§ 4 Right of retention, retention of title
(1) You may only exercise a right of retention if the claims arise from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 5 Warranty
(1) The statutory liability for defects applies.
(2) If you are a consumer, you are requested to inspect the goods immediately upon delivery for completeness, obvious defects, and transport damage, and to notify us and the carrier of any complaints as soon as possible. Failure to do so will have no effect on your statutory warranty claims.
§ 6 Choice of law, place of performance, place of jurisdiction
(1) German law shall apply. For consumers, this choice of law shall apply only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country of their habitual residence (favorability principle).
(2) If you are not a consumer but a merchant, a legal entity under public law, or a special fund under public law, our place of business shall be the place of jurisdiction and performance for all services arising from the business relationship with us. The same applies if you do not have a general place of jurisdiction in Germany or the EU, or if your place of residence or habitual abode is unknown at the time the action is filed. The right to also bring proceedings before a court at another statutory place of jurisdiction remains unaffected.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
II. Customer information
1. Identity of the seller
havenda.de
URL
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https://ec.europa.eu/odr .
2. Information on the conclusion of the contract
The technical steps for concluding the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the “Conclusion of Contract” provisions of our General Terms and Conditions (Part I).
3. Contract language, contract text storage
3.1 The contract language is German.
3.2 We do not store the complete contract text. Before submitting the order, the contract details can be printed out using the browser's print function or saved electronically.
havenda.de is an offer of 4MyBaby GmbH