§ 1 Scope and provider
These General Terms and Conditions apply to all orders you place in the Cross Hammock online shop. Owner is Dr. Ulrich Krellner, Guerickestr. 12, 10587 Berlin, Tel. +49-178-8459606.
2. the offer of goods in our online shop is directed exclusively at buyers who have reached the age of 18 years.
3 Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. The inclusion of general terms and conditions of a customer, which contradict our general terms and conditions, is contradicted already now.
4 you can call up and print out the currently valid General terms and conditions on our website.
§ 2 Conclusion of contract
1 The presentation of goods in the online shop does not represent a binding application for the conclusion of a sales contract. Rather, it is a non-binding request to order goods in the online shop.
2 by clicking the button “buy now” you make a binding offer to buy (§ 145 BGB).
3 After receipt of the purchase offer you will receive an automatically generated e-mail with which we confirm that we have received your order (confirmation of receipt). This confirmation of receipt does not yet represent an acceptance of your purchase offer. A contract does not come off by the confirmation of receipt yet.
4 A contract of sale for the goods is only concluded when we expressly declare acceptance of the purchase offer (order confirmation) or when we send the goods to you – without prior express declaration of acceptance.
§ 3 Prices
According to §19 (1) UStG, the prices stated on the product pages do not include VAT and do not include the respective shipping costs. Further information on shipping costs can be found on our website under Shipping methods.
§ 4 Terms of Payment; Default
1 the payment takes place alternatively by wire transfer or Paypal.
2 with selection of the payment type Vorkasse we call you our bank connection in the confirmation of order. The invoice amount must be transferred to our account within 10 days of receipt of the order confirmation. We ship the purchased goods after receipt of payment.
3 with the payment with PayPal you are passed on in the order process on the web page of the on-line offerer PayPal. In order to be able to pay the invoice amount via PayPal, you must be registered there or register first, legitimize with your access data and confirm the payment order to us. After placing the order in the shop, we request PayPal to initiate the payment transaction. You will receive further information during the ordering process. The payment transaction is automatically carried out by PayPal immediately afterwards.
§ 5 Delivery; retention of title
Unless otherwise agreed, the goods shall be delivered from our warehouse to the address indicated by you. The delivery times can vary according to the information on the product side. 2.
2 The goods remain our property until full payment of the purchase price.
3 For reasons of environmental protection and packaging law, the Cross Hammock Cross Hammock is always shipped in used packaging.
§ 6 Transport damages
1 if goods with obvious transport damages are delivered, then you complain such errors please immediately with the Zusteller and take up please as fast as possible contact to us.
The failure to make a complaint or contact us has no consequences for your statutory warranty rights. However, you help us to be able to assert our own claims against the carrier or the transport insurance.
§ 7 Warranty
1 Unless expressly agreed otherwise, your warranty claims shall be governed by the statutory provisions of the law on sales (§§ 433 et seq. BGB).
2 In all other respects, the statutory provisions shall apply to the warranty.
§ 8 Liability
1. we shall be liable without limitation only for intent and gross negligence as well as in accordance with the Product Liability Act. 2.
In addition, the following limited liability shall apply: In the event of slight negligence, we shall only be liable in the event of breach of a material contractual obligation, the fulfilment of which is essential for the proper performance of the contract and on the observance of which you may regularly rely (cardinal obligation). Liability for slight negligence is limited to the amount of damages foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.
§ 9 Safety instructions
1 The use of hammocks is inherently dangerous. The seller is not liable for injuries or damages caused by improper use of his products and for these injuries or damages can not be prosecuted under criminal law. This applies in particular to compliance by the purchaser with the load limit stated in the product description.
2 the use of the cross hammocks takes place on own risk of the buyer. The buyer is obligated to always provide for his own safety. This includes checking all product components for wear and aging before each use and the replacement or repair of these components in the event that they are worn. Hammocks should not be hung more than 50 cm above the ground, which must be flat and soft. Suspension above or below dangerous objects must be avoided.
3 the safety and load-bearing capacity of a suspended cross hammock must be tested each time in a seated position before lying down.
4. minors using the seller’s hammocks must be supervised at all times.
§ 10 Final provisions
If one or more provisions of these GTC should be or become invalid, the validity of the remaining provisions shall not be affected thereby.
2 German law shall apply exclusively to contracts between us and you to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, “UN Sales Convention”). Mandatory provisions of the country in which you usually reside shall remain unaffected by the choice of law.
3 If you are 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 for all disputes arising from or in connection with contracts between us and you.
Status: september 2018
Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:
The European Commission provides a platform for Online Dispute Resolution (OS), which you can find at https://ec.europa.eu/consumers/odr . We are not obliged or prepared to participate in a dispute settlement procedure before a consumer arbitration body.