AGBGeneral Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts that you conclude with us as the provider (Havoc Distribution GmbH) via the https://www.skateshop24.de/ website. Unless otherwise agreed, we object to the inclusion of any terms and conditions of your own that you may use.
(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes which can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) Thesubject of the contract is the sale of goodsand/or the provision of installation services.
(2) By placing the respective product on our website, we submit a binding offer to conclude a contract via the online shopping basket system on the terms and conditions stated in the item description.
(3) The contract is concluded via the online shopping basket system as follows:
The goods intended for purchase are placed in the "shopping basket". You can call up the "shopping basket" via the corresponding button in the navigation bar and make changes there at any time.
After clicking the "Checkout" or "Proceed to order "button (or similar designation) and entering the personal data as well as the payment and shipping conditions, the order data will finally be displayed to you as an order overview.
If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as a payment method, you will either be redirected to the order overview page in our online shop or to the website of the provider of the instant payment system.
If you are redirected to the respective instant payment system, make the corresponding selection or enter your data there. Finally, you will be shown the order data as an order overview on the website of the provider of the instant payment system or after you have been redirected back to our online shop.
Before submitting the order, you have the option of checking the details in the order overview again, changing them (also using the "back" function of the Internet browser) or cancelling the order.
By sending the order via the corresponding button ("order with obligation to pay", "buy" / "buy now", "order with obligation to pay", "pay" / "pay now" or similar designation), you declare the legally binding acceptance of the offer, whereby the contract is concluded.(4) Your requests for the preparation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g. by e-mail), which you can accept within 5 days (unless a different deadline is stated in the respective offer).
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of the e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
§ 3 Individually designed goods
(1) You shall provide us with the suitable information, texts or files required for the individual design of the goods via the online ordering system or by e-mail at the latest immediately after conclusion of the contract. Our specifications on file formats, if any, shall be observed.
(2) You undertake not to transmit any data whose content infringes the rights of third parties (in particular copyrights, rights to a name, trademark rights) or violates existing laws. You expressly indemnify us against all claims asserted by third parties in this connection. This also applies to the costs of legal representation required in this context.
(3) We do not check the transmitted data for correctness of content and in this respect do not assume any liability for errors.
§ 4 Performance of assembly services
(1) Insofar as assembly services are the subject matter of the contract, we owe the assembly work resulting from the service description. We shall perform this work personally or through third parties to the best of our knowledge and belief.
(2) The service shall be provided on the agreed dates.
(3) You are obliged to cooperate. In particular, you shall provide the opportunity to enter the premises in a walk-in and reasonably hazard-free condition at the time of the provision of the installation services. Furthermore, you are obliged to provide us with electrical power and water, if necessary. We are entitled to terminate the part of the contract concerning the provision of installation services in accordance with § 643 BGB (German Civil Code) if you fail to comply with your obligations to cooperate. For this purpose, we shall set you a reasonable deadline during which you can make up for the necessary cooperation.
(4) If you make use of your right of termination in accordance with § 648 S. 1 BGB (German Civil Code), we can demand 10% of the agreed remuneration as a lump sum if the execution has not yet begun. However, if the statutory right of cancellation exists, this shall only apply if you do not exercise your right of cancellation until after the expiry of the cancellation period. You retain the right to prove that we have actually incurred no costs or significantly lower costs.
(1) Payment by SOFORT / instant transfer
If you choose the payment method Sofort / Sofortüberweisung, the payment will be processed by the payment service provider Sofort GmbH (Theresienhöhe 12, 80339 Munich, Germany; "SOFORT"). Sofort GmbH is a company of the Klarna Group (Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden). A prerequisite for using the SOFORT payment method is that you have an online banking account activated for this purpose. During the payment process in the context of the order, you must legitimise yourself accordingly and confirm the payment instruction to SOFORT. Your bank account will be debited immediately after placing the order. You can find more information about SOFORT at https://www.klarna.com/sofort/.§ 6 Right of retention, reservation of ownership
(1) You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
§ 7 Warranty
(1) The statutory rights of liability for defects apply.
(2) As a consumer, you are requested to check 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. If you fail to do so, this shall have no effect on your statutory warranty claims.
(3) If a feature of the goods deviates from the objective requirements, the deviation shall only be deemed to be agreed if you were informed of the same by us before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
§ 8 Choice of law, place of performance, place of jurisdiction
(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (favourability principle).
(2) The place of performance for all services arising from the business relationship with us and the place of jurisdiction shall be our registered office if you are not a consumer but a merchant, a legal entity under public law or a special fund under public law.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 brought. The right to also bring an action before the court at another statutory place of jurisdiction remains unaffected by this.
(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
Havoc Distribution GmbH
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.
We are not willing and not obliged to participate in dispute resolution proceedings before consumer arbitration boards.
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the possibilities of correction are carried out in accordance with the regulations "Conclusion of the Contract" of our General Terms and Conditions (Part I.).
3. contract language, storage of contract text
3.1 The contract language is German .
3.2 We do not store the complete text of the contract. Before sending the order via the online shopping basket system , the contract data can be printed out or electronically saved using the browser's print function. After receipt of the order by us, the order data, the legally required information for distance contracts and the General Terms and Conditions of Business will be sent to you again by email.
3.3 In the case of quotation requests outside of the online shopping basket system, you will receive all contract data as part of a binding offer in text form, e.g. by e-mail, which you can print out or save electronically.
4. codes of conduct
4.1 We have submitted to the Buyer's Seal Quality Criteria of the Händlerbund Management AG, which can be viewed at: https://www.haendlerbund.de/
4.2 We have subjected ourselves to the quality criteria of Trusted Shops GmbH, which can be viewed at: https: //www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf.
5. essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the relevant offer.
6 Prices and payment terms
6.1 The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
6.2 The shipping costs incurred are not included in the purchase price. They can be called up via an appropriately designated button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you in addition, unless delivery free of shipping costs has been promised.
6.3 If the delivery is made to countries outside the European Union, additional costs may be incurred for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of the credit institutions), which are to be borne by you.
6.4 Any costs incurred for the transfer of funds (transfer or exchange rate fees of the credit institutions) shall beborne by you in cases where the delivery is made to an EU member state but the payment was initiated outside the European Union.
6.5 The payment methods available to you areshown under a correspondingly designated button on our website or in the respective offer.
6.6 Unless otherwise stated in the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
7. terms of delivery
7.1 The terms and conditions of delivery, the delivery date and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
7.2 If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment shall not pass to you until the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or a person otherwise designated to carry out the shipment.
8. legal liability for defects
Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
9.1 Information on the termination of the contract as well as the terms of termination can be found in the regulations on "Installation Services" in our General Terms and Conditions (Part I), as well as in the respective offer.
These General Terms and Conditions and customer information have been prepared by the lawyers of the Händlerbund who specialise in IT law and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. You can find more information at: https://www.haendlerbund.de/
last update: 29.11.2022