GENERAL TERMS AND CONDITIONS Hammalook ONLINESHOP

§ 1 CONDITION OF THE CONTRACT

The presentation of the goods in our online shop is not a legally effective offer, but the customer

submits a binding purchase offer through his online order. We accept the purchase offer by

express order confirmation by e-mail or by delivery of the ordered goods. An e-mail with which

only confirms receipt of the order is not yet a binding acceptance of the purchase offer.

§ 2 PAYMENT

1. our claims are due upon delivery of the goods to the customer and payable without deduction in EURO by credit card, PayPal, Instant bank transfer.

2. the customer shall only be entitled to set-off if his counterclaim has been legally established

or is undisputed. This prohibition of set-off does not apply to a counterclaim due to a defect,

which is based on the same contractual relationship as our claim. The customer is only authorised to exercise a

right of retention to the extent that his counterclaim is based on the same

contractual relationship.

§ 3 DELIVERY

1. We are entitled to make partial deliveries – insofar as reasonable for the customer – which we can invoice separately at

2. the customer shall carefully observe product information issued by us or by our suppliers

and, if necessary, verifiably pass it on to his customers.

§ 4 CLAIMS IN THE EVENT OF DEFECTS

If the customer is a consumer, he has the statutory claims in the event of a defect.

If the customer is not a consumer, the following shall apply in addition: Subsequent fulfilment shall be effected at our discretion by rectification of the defect or new delivery.

§ 5 LIABILITY FOR DAMAGES AND CLAIMS

We are liable without limitation in cases of intent, gross negligence, in the absence of a guaranteed quality, for personal injury and under the Product Liability Act.

In the event of a slightly negligent breach of material contractual obligations (in particular the obligation to deliver on time and free of defects), our liability shall be limited to the foreseeable damage typical for the contract.

Our liability for the slightly negligent breach of non-essential contractual obligations is excluded.

The above provisions shall apply accordingly to our liability for reimbursement of futile expenses.

§ 6 LIMITATION OF CLAIMS FOR DEFECTS AND REPLACEMENT

If the customer is a consumer, the statutory provisions shall apply.

If the customer is not a consumer, the following applies:

The limitation period for claims of the customer due to a defect is one year. This does not apply insofar as longer periods are mandatory. This also does not apply to claims for damages and reimbursement of expenses that are based on compensation for bodily injury or damage to health or on intent or gross negligence.

§ 7 FINAL PROVISIONS

1. If the customer is a merchant, a legal entity under public law or a special fund under public law, our registered office is agreed as the place of jurisdiction for all disputes arising from and in connection with the contractual relationship, as well as in cases in which the customer has no domestic general place of jurisdiction, has moved his domicile or habitual residence abroad after conclusion of the contract or neither the customer’s domicile nor habitual residence are known at the time the action is brought. However, we are also entitled to bring an action at the customer’s place of business.

2. should any provision of these terms and conditions be or become invalid, this shall not affect the validity of the remaining provisions.

3. we are not obliged or willing to participate in dispute resolution proceedings before a consumer arbitration board.