Conditions of Use
General terms and conditions of business for private customers
hatch (Onlineshop) / Oliver Baudach
Laubestr. 9, 12045 Berlin
Section 1) General
(1) Contractual services and offers made by hatch are provided or made in accordance with the following conditions only. By taking note of these terms and conditions, the party to the contract is agreeing to their forming a part of the contract to be concluded with hatch.
(2) The party to the contract's own general terms and conditions of business do not form a part of the agreement between the parties, even where this is not expressly stated by hatch.
Section 2) Conclusion of contract
(1) Offers from the hatch web site and other information media are non-binding. By placing an order, the party to the contract makes a binding declaration that they wish to acquire the goods ordered.
(2) hatch is entitled to accept the party to the contract's offers within a period of two weeks from receipt. The contract is concluded if hatch provides written confirmation of acceptance of the offer by post or by e-mail or makes the delivery within this period. It is sufficient that the goods are dispatched or a confirmation is posted within this period.
Section 3) Subject of the contract
(1) The subject of the contract is solely the goods which are expressly confirmed by hatch or are dispatched against an order placed by the party to the contract.
(2) Images and other product descriptions are non-binding and do not constitute a warranted property in terms of the German Civil Code.
Section 4) Delivery and payment
(1) hatch is entitled to effect delivery of the goods forming the subject of the contract within a period of two weeks from the acceptance of the offer by hatch.
(2) All prices given are in euros and are inclusive of VAT.
(3) There is a minimum order value of EUR 5.
(4) Goods are delivered by hatch against cash in advance only. Unless otherwise agreed payment will be collected by cash on delivery.
(5) The party to the contract may, after receiving the order confirmation, make payment by bank transfer (citing their customer number), cash on delivery (only in Germany), PayPal or by cash on pickup at hatch. (see FAQ).
(6) hatch charges per order outside of Germany forwarding costs to the customer. (see shipping and returns)
(7) hatch may make part deliveries where this is conducive to the execution of the contract and is not unreasonable for the party to the contract.
(8) The party to the contract may not assign debts due against hatch without the express written consent of hatch.
Section 5) Right of rescission and right to return in case of distance selling contracts
Right of revocation
You have the right to cancel your declaration of contract without stating a reason within 14 days in written form or if the goods were left to you before expiring date by returning the goods. The stated period of time starts at the earliest on receipt of this information in writing but not before receipt of the goods by the recipient (according to perseverative delivery of similar goods the stated period of time does not start before the receipt of the first part-delivery) and not before the performance of our duty to inform according to Art. 246 Para. 2 in connection with Para 1 clause 1 and 2 EGBGB as well as our obligations according to Para. 312e clause 1 Sentence 1 BGB in connection with Art. 246 Para 3 EGBGB.
To comply with the stated period of time it is sufficient to dispatch the cancellation or the goods in time.
The cancellation has to be sent to:
hatch / Oliver Baudach
Effects of Revocation
In the event of an effective cancellation, the mutually provided goods and services shall be returned and, if applicable, any benefits enjoyed (e. g. interest) surrendered. In case you cannot return the received goods and services in total or in part or only in deteriorated condition, you have to, if applicable, provide compensation insofar. This does not apply for the delivery of goods, if the deterioration of the goods is due exclusively to their inspection - as would have been possible for you in a retail shop for example. Incidentally you can avoid the obligation for compensation by not using the goods, as if they were your property, and by refraining from doing anything, that could impair their value. Goods, that can be dispatched by parcel, have to be returned on our risk. You shall be responsible for the return costs if the merchandise supplied complies with the goods ordered and if the price of the merchandise to be returned does not exceed the amount of 40 Euros or - in case the price does exceed the amount of 40 Euros - if you have at the moment of cancellation not yet provided for the payment or a contractually agreed part payment. In any other case you will not incur any charges for the return of goods. Goods, that cannot be returned as parcels, will be collected from your address. Obligations for refunding of payments must be fulfilled within 30 days. The period of time starts after dispatch of your declaration of revocation or of the goods ? for us with the receipt of those.
Section 6) Reservation of ownership
The goods forming the subject of the contract remain the property of hatch until they have been paid for in full.
Section 7) Warranty
(1) The warranty period is two years from the date of delivery.
(2) In the event of warranty claims, it is necessary that hatch is able to relate to the date of purchase. The item for which a warranty claim is made should be sent to hatch together with a copy of the invoice, if the invoice is present. If the customer is not able to submit a copy of the invoice, this has no bearing on his warranty claims.
(3) For defects in the goods forming the subject of the contract, the terms of the implied warranty are effective.
(4) The party to the contract is obliged to examine the goods immediately on receipt. hatch must be notified of damage arising during transportation or obvious defects. If the party to the contract fails to examine the goods and to notify damages the party to the contract does not lose his warranty claims.
(5) The warranty does not include normal wear and tear. If hatch maintenance or care instructions are not observed, changes are made to the product or care products are used which do not meet hatch's high quality standards, the warranty will be rendered invalid concerning to those defects which arise or have been arisen because of the violation of the foregoing regulations.
(6) The party to the contract is granted a guarantee in the legal sense only where this is expressly specified in writing by hatch.
Section 8) Liability
(1) For breaches of the main contractual obligations as a result of ordinary negligence, hatch's liability is limited to the average, foreseeable, direct losses typical for the type of goods in question. The same applies to breaches of obligations as a result of ordinary negligence by legal representatives of hatch or persons employed in performing contractual obligations for which hatch is vicariously liable.
(2) Otherwise where the party to the contract asserts claims for damages based on intent or gross negligence, including intent or gross negligence on the part of representatives or persons employed in performing contractual obligations for which hatch is vicariously liable, hatch is liable in accordance with the legal regulations. Where no gross negligence or intentional breach of obligations is asserted, hatch's liability is limited to the average foreseeable damages which might typically be expected to arise in such circumstances.
(3) The above limitations of liability do not apply to losses arising from injury to life, bodily injury or injury to health.
Section 9) Concluding provisions
The laws of the Federal Republic of Germany, with the exception of the UN Convention on Contracts for the International Sale of Goods (CISG), shall be applicable. If individual provisions of the contract between hatch and the party to the contract including these general terms and conditions of business are or become in part or in full invalid, this will not affect the validity of the remaining provisions. The applicability of statutory law which is not excluded or supplemented by these general terms and conditions of business is not affected.
hatch | Berlin, 9th of December 2011