General terms and conditions
§ 1 Scope of application
The version of the following Terms and Conditions in force at the time of the order apply exclusively to business relationships between PAUL HEWITT and the customer. Differing terms and conditions of the customer are not recognised by PAUL HEWITT unless PAUL HEWITT has agreed to them expressly in writing.
§ 2 Contract
Displaying the products in the online store represents a non-binding invitation to treat as opposed to a legally binding offer. By clicking on the 'order and pay' button you place a binding order for the goods contained in the basket. Receipt of the order is confirmed together with acceptance of the order immediately after sending of the order by automated email. The contract for the purchase of goods enters into force with this email.
§ 3 Cancellation right
You are entitled to cancel this contract within fourteen days without stating the reasons why. The cancellation period is fourteen days from the day on which you or a third party nominated by you who is not the carrier take possession of the goods.
In order to exercise your right to cancel you must inform us:
10731 B Walker Street
Telephone: +49 441 3794893-0
Fax: +49 441 3794893-9
by means of an unambiguous statement (e.g. letter via the post, fax or email) about your decision to cancel this contract. To do this you may use the attached cancellation form, however this is not a requirement.
In order to comply with the cancellation period, sending notice of you exercising your right to cancellation before the cancellation period expires will suffice.
Consequences of cancellation
If you cancel this contract we are to reimburse all payments received from you including delivery costs (with the exception of delivery costs resulting from you having selected a method of delivery other than the cheapest standard delivery offered by us) without delay and no later than within fourteen days as of the day on which we receive notification of you cancelling this contract. For reimbursement we use the same payment method you used for the original transaction unless otherwise agreed with you. Under no circumstances will you be charged for this reimbursement. We are entitled to refuse reimbursement until the goods have been returned to us or you have provided proof that the goods have been despatched, whichever is earlier.
You are to return or hand over the goods to us without delay, and in any event within fourteen days as of the day on which you notify us of cancellation of this contract. The deadline is met if you dispatch the goods before the fourteen-day deadline expires. You bear all direct costs for returning the goods. You would only be liable for any loss of value to the goods if this loss of value results from the goods being handled other than as required to ascertain their nature, properties and function.
§ 4 Delivery
Unless otherwise agreed, delivery is ex PAUL HEWITT warehouse to the delivery address provided by the customer. You will find information about the availability of products on the website. We would like to point out that all details about availability, shipping or delivery of a product are only estimated details and rough guidelines. They represent no binding or, as may apply, guaranteed shipping or delivery deadlines unless expressly referred to as binding deadlines in the shipping options for the respective product. Where PAUL HEWITT is unable to deliver the goods ordered for reasons beyond its control because PAUL HEWITT's supplier has failed to perform its contractual obligations, PAUL HEWITT is entitled to cancel the order with the customer. In this event the customer will be informed without delay of the ordered product not being available. The customer's statutory entitlements remain unaffected.
§ 4b Faulty delivery
Where an incorrectly assembled delivery or defective goods are involved, the costs for returning the goods are borne by PAUL HEWITT. In this event provide us with the order number and the reason for returning.
§ 5 Shipping costs
You will find the current fixed charges in our latest catalogue or on our website at www.paul-hewitt.com. The current fixed charges in both the store and catalogue apply.
§ 6 Due date and payment, default
You can opt to settle the amount by payment in advance (bank transfer), on account or by PayPal. With payment on account the ordered goods are either shipped or delivered together with the invoice to the customer. The purchase price becomes due for payment 30 (thirty) calendar days after date of invoice. Where you default on payment, interest will be charged while in default at 5% above the basic interest rate. We reserve the right to provide evidence of and claim higher damages due to default.
§ 7 Compensation, retention
The customer is only entitled to compensation if its counterclaims are deemed to have force of law or are undisputed by PAUL HEWITT. In addition, it is only entitled to exercise a right to retention where its counterclaim relates to the same contractual relationship.
§ 8 Prices
The prices at the time of ordering apply. PAUL HEWITT reserves the right to alter the prices stated in the catalogue or the online store. All prices for goods or services include the applicable sales tax in California appropriate at the time of ordering.
§ 9 Retention of title
PAUL HEWITT retains title to the delivered goods until payment has been made in full.
§ 10 Warranty/guarantee provisions
The statutory warranty provisions apply. Statutory warranty claims expire after 2 years. Statutory warranty claims are unaffected where PAUL HEWITT provides particular guarantees. Damage due to wear and tear, incorrect use and defective or incorrect care is excluded from the warranty/guarantee. All goods from our store are subject to statutory warranty rights.
§ 11 Liability for defects
The statutory provisions apply where an item purchased is defective. The assignment of these customer claims is ruled out.
Where subsequent performance is by way of substitute delivery, the customer is entitled to return the goods initially delivered within 14 days to PAUL HEWITT with costs borne by PAUL HEWITT. The defective goods are to be returned in accordance with the statutory provisions. PAUL HEWITT reserves the right to make a claim for compensation under the statutory provisions.
This is time-barred after twenty-four months of delivery.
In addition, PAUL HEWITT is liable for the slightly negligent breach of significant duties jeopardising the purpose of the contract being achieved, or for the breach of duties whose compliance actually enables the proper performance of the contract, and compliance with which you depend on. In this event however, PAUL HEWITT is only liable for foreseeable losses typical for this type of contract. PAUL HEWITT is not liable for slightly negligent breaches of duties other than those stated above.
The above liability restrictions do not apply in the event of injury to life and limb, to a defect after provision of a guarantee for the state of the product, or with fraudulently concealed defects. Liability under Product Liability Law remains unaffected.
PAUL HEWITT's liability being excluded or limited also applies to the personal liability of employees, representatives and vicarious agents.
§ 12 Item descriptions
Due to different hardware and software, photographs of items may differ slightly from the original colours. Please be guided by the written description.
§ 13 OUT-OF-STOCK Products
We will ship your product as it becomes available. Usually, products ship the same day or next business day. However, there will be rare times when the product you have ordered is out-of-stock which will delay fulfilling your order. We will keep you informed of any products that you have ordered that are out-of-stock and unavailable for immediate shipment. You may cancel your order at any time prior to shipping.
§ 14 Applicable law
The Law of the Federal Republic of Germany applies. The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) do not apply. Where the customer is a merchant. legal entity under public law or with special public funds, sole jurisdiction for all disputes under this contract lies with the courts covering our registered office in 26125 Oldenburg. The same applies if the customer has no general place of jurisdiction in Germany, or their place of abode or usual place of residence is not known when proceedings are brought.
§ 15 Partial invalidity
Individual provisions being invalid does not affect the validity of the remaining agreements The Parties will endeavour to replace invalid provisions with such ones that meet the intended economic purpose as far as possible.
§ 16 Business with merchants
The aforementioned provisions regarding the right of cancellation and returns do not apply to business with merchants. In these cases the statutory provisions for merchants apply. Where the purchaser is a merchant, jurisdiction for both parties to the contract lies with the courts of Oldenburg. The Law of the Federal Republic of Germany applies exclusively.
§ 17 Severability clause
Individual provisions of these Terms and Conditions having no legal effect in part or in whole, or subsequently losing their legal effect, does not otherwise affect the validity of the Terms and Conditions. The statutory provisions take the place of the invalid one. The same applies where the Terms and Conditions contain an unforeseen gap.