Terms and conditions

Terms and Conditions (T&C) - Sale

Contracting parties

The conclusion of contract between

hanshanshans Biermann, Stapper, Engelke GbR
represented by Ferdinand Biermann, Alexander Stapper, Carola Engelke
Address: Emdener Str. 105
50735 Köln
Germany
email-address: engelke@hanshanshans.de


hereafter called provider, and the costumer is on the basis of these terms and conditions (T&C).

Subject of the Contract

Through this contract, the sale of football tables via the online shop of the provider is regulated. The details of each offer are provided in the product description of the site containing the offers.

Conclusion of contract

The conclusion of contract is achieved through electronic commerce either with the football table generator or other means of remote communication such as e-mail. The order transaction for the conclusion of contract contains the following steps:

Duration of contract

The contract is concluded for an indefinite period.

Caveats

The provider reserves the right not to provide in the case of unavailability of the promised service.

Prices, shipping costs

All prices are final prices and do not include sales tax (VAT) § 19 Abs. 1 UStG. Delivery and shipping costs are not included in our prices.

Terms of payment

The customer has only the following options for payment: Bank transfer, Invoice on delivery. Other payment methods are not offered and will be rejected. The customer is obliged to transfer the invoice amount to the account indicated on the invoice within 30 days after receipt of the invoice. Payment is due without deductions from the date of invoice. After expiry of the term of payment, which is thus determined by calendar, the customer is in default without reminder. A right of retention of the customer, which is not based on the same contractual relationship, is excluded. The set-off with claims of the customer is excluded, unless these are undisputed or legally established.

Terms of delivery

The goods will be delivered at the agreed delivery date specified in the contract. The delivery takes place on average after 31 days at the latest. The provider is obliged to deliver on the 60th day after confirmed incoming payments. The regular delivery time is 21 days unless otherwise stated in the item description. The provider delivers the order from its own workshop as soon as the entire order is in stock. The customer will be informed about delays immediately. If the provider cannot deliver permanently, in particular due to force majeure or non-delivery by his own suppliers, although a covering transaction was executed timely, the provider has the right in this respect to withdraw from a contract with the customer. The customer will be informed about this immediately and any services received, in particular payments, will be refunded.

Defects liability

Customers are entitled to the statutory liability for defects for the services offered according to the relevant regulations of the Bürgerliche Gesetzbuch (BGB). If it is deviated from this, the liability for defects is according to the regulations set out in the Terms and Conditions (T&C). The provider is granted that he can choose between a repair or a new delivery in case of a subsequent performance, if it concerns a new good and the customer is an entrepreneur. If the customer is a consumer, the warranty period for used goods is limited to one year. This does not apply to claims for damages of the customer due to injury to life, limb, health or essential contractual obligations, which must necessarily be fulfilled in order to achieve the contract objective. Likewise, this does not apply to claims for damages after gross negligence or intentional breach of duty by the provider or his legal representative or a vicarious agent. Otherwise, the statutory rules apply.

Warranties

The provider offers the customer a durability guarantee for new goods. Thus, the provider guarantees the durability of the goods for the warranty period. The warranty period is 2 years.

Contract design

The provider grants the customer a discount of 2% fi payment is made within 7 days of invoicing. If the customer is an entrepreneur, the risk of accidental loss and/or accidental deterioration of the goods is passed on to the customer at the time of the handover or, in the case of delivery, at the time of the delivery of the goods to the service provider selected for this purpose.

Right of withdrawal

Since the football table is not prefabricated but manufactured for each customer according to the individual selection, there is no right of withdrawal according to § 312g Abs. 2 BGB due to distance selling contract. The provider does not concede such a right.

Disclaimer

Claims for damages of the customer are excluded, unless otherwise stated for the following reasons. This also applies to the representatives and vicarious agents of the provider, if the customer raises claims of damages against them. Excluded are claims for damages of the customer due to injury to life, limb, health or essential contractual obligations, which must necessarily be fulfilled in order to achieve the contractual objective. Likewise, this does not apply to claims for damages after gross negligence or intentional breach of duty by the provider or his legal representative or vicarious agent.

Prohibition of assignment and pledging

Claims or rights of the customer against the provider may not be assigned or pledged without his consent, unless the customer has established a legitimate interest in the assignment or pledging. Language, jurisdiction and applicable law The contract is written in German. The further implementation of the contractual relationship takes place in German. The law of the Federal Republic of Germany exclusively applies. For customers, this applies only insofar as this does not restrict any statutory provisions of the state in which the customer has his domicile or habitual residence. Jurisdiction in case of disputes with customers who are not end-consumers, a legal entity under public law or a special fund under public law is the registered office of the provider.

Privacy Policy

In connection with the initiation, conclusion, settlement and reversal of a purchase contract on the basis of these terms and conditions, the provider collects, stores and processes data. This happens in the context of the legal regulations. The provider does not disclose any personal data of the customer to third parties, unless he is legally obliged to do so or the customer has expressly previously consented. If a third party is used for services in connection with the processing of the manufacturing process, the provisions of the Federal Data Protection Act are complied with. The data provided by the customer in the ordering process will only be processed to establish contact within the scope of the contract and only for the purpose for which the customer provided the data. The data will only be passed on to the shipping company that takes over the delivery of the goods as required. The payment details will be forwarded to the bank responsible for the payment. As far as the provider needs to meet retention periods of commercial or tax law, the storage of some data can take up to ten years. During the visit to the Internet shop of the provider, anonymized data that does not indicate personal conclusions and do not intend to use, especially IP address, date, time, browser type, operating system and pages visited, will be logged. At the request of the customer, the personal data will be deleted, corrected or blocked within the scope of the legal provisions. Free information about all personal data of the customer is possible. For questions and requests for deletion, correction or blocking of personal data as well as collection, processing and use, the customer can turn to the following address hanshanshans Biermann, Stapper, Engelke GbR, Emdener Straße 105, 50679 Köln, engelke@hanshanshans.de.

Salvatory clause

The invalidity of any provision of these Terms and Conditions has no effect on the validity of the remaining provisions.

Implementation of the ODR Directive

Online dispute resolution pursuant according to Art. 14 Abs. 1 ODR-VO The European Commission provides a platform for online dispute resolution (OS) available at http://ec.europa.eu/consumers/odr/. Note according to § 36 Abs. 1 Nr. 2 VSBG: We point out that we are not available for participation in dispute settlement proceedings in front of a consumer arbitration board. "









Terms and Conditions (T&C) - Rents

Contracting parties

The conclusion of contract between

hanshanshans Biermann, Stapper, Engelke GbR
represented by Ferdinand Biermann, Alexander Stapper, Carola Engelke
Address: Emdener Str. 105
50735 Köln
Germany
email-address: engelke@hanshanshans.de


hereafter called provider, and the costumer is on the basis of these terms and conditions (T&C).

Subject of the Contract

Through this contract, the rent of football tables via the online shop of the provider is regulated. The details of each offer are provided in the product description of the site containing the offers.

Conclusion of contract

The conclusion of contract is achieved through electronic commerce either with the football table generator or other means of remote communication such as e-mail. The order transaction for the conclusion of contract contains the following steps:

Caveats

The provider reserves the right not to provide in the case of unavailability of the promised service.

Scope

The T&C also apply to all future rent agreements between the contracting parties, even if they are not expressly agreed again.

Prices, shipping costs

All prices are final prices and do not include sales tax (VAT) § 19 Abs. 1 UStG.

Terms of payment

The customer has only the following options for payment: Bank transfer, Invoice on delivery. Other payment methods are not offered and will be rejected. The customer is obliged to transfer the invoice amount to the account indicated on the invoice within 30 days after receipt of the invoice. Payment is due without deductions from the date of invoice. In case of rental periods over one month, separate terms of payment are agreed. A right of retention of the customer, which is not based on the same contractual relationship, is excluded. The set-off with claims of the customer is excluded, unless these are undisputed or legally established.

Cancellation, Termination and Withdrawal


A cancellation of the contract before the beginning of the rental period must be in written form. In case of cancellation by the customer before the beginning of the rental period, the provider may demand compensation for the expenses incurred and reduced other rental possibilities. For event rentals (daily rental, price per day), this compensation amounts to the agreed total price for the rent, for long-term rentals (monthly rental, price per month) to the agreed price for the first month plus the price for delivery and is reduced as follows:
For short-term rentals (daily rental, price per day), this amounts to the agreed total price for the rental, for long-term rentals (monthly rental, price per month) to the agreed price for the first month plus the price for delivery and is reduced as follows :
from 30 days before beginning of the rental period 30% of the total price for short-term rentals, 30% of the sum of the price for the first month plus the price for delivery for long-term rentals

from 14 days before beginning of the rental period 50% of the total price for short-term rentals, 50% of the sum of the price for the first month plus the price for delivery for long-term rentals

from 7 days before beginning of the rental period 75% of the total price for short-term rentals, 75% of the sum of the price for the first month plus the price for delivery for long-term rentals

from 2 days before beginning of the rental period 100% of the total price for short-term rentals, 100% of the sum of the price for the first month plus the price for delivery for long-term rentals

In the case of rents with shared earnings (free provision of the football table and sharing in the earnings of the football table), the provider may demand compensation for the expenses incurred in the event of cancellation before the beginning of the rental period.

The customer is free to provide evidence that no or only less damage has been caused to the provider than the amounts listed above.

The customer can change the date or start date of the rental contract free of charge if restrictions exist or are to be expected due to the corona pandemic on the agreed date. This applies to legal restrictions as well as any restrictions to be expected in the normal feasibility of the event or the normal use of the rented football table due to the pandemic situation.

The provider must be notified of the change at least 7 days before the original date. If the provider is hindered at the new date, the contract can be canceled free of charge. The above-mentioned compensations of the provider do not apply in this case.

If the corona pandemic results in legal restrictions in the normal use of the rented foorball table after the start of the rental period, any minimum contract term will be extended by the duration of the legal restriction.

In case that the provider is hindered from carrying out the order for reasons beyond his control, the customer is entitled to withdraw.

Termination of the contract must be in written form to be effective. A current contract can be terminated at the earliest at the end of the agreed minimum contract term. After that, or if no minimum contract term has been agreed on, the notice period for a current rental contract is 31 days. Partial months are calculated proportionally to the monthly price of the respective month in which the contract ends.

Terms of delivery

The goods will be delivered at the agreed delivery date specified in the contract. The provider delivers the order from his own warehouse as soon as the entire order is in stock. The customer will be informed about delays immediately. If the customer organizes the collection himself, the collection time agreed in the contract applies. Upon delivery or collection, a joint check of the football table takes place. The result of this check will be recorded on a handover protocol to be signed by the customer and the provider. If the provider cannot deliver permanently, in particular due to force majeure or non-delivery by his own suppliers, although a covering transaction was executed timely, the provider has the right in this respect to withdraw from a contract with the customer. The customer will be informed about this immediately and any services received, in particular payments, will be refunded.

Return


The collection takes place at the collection time agreed in the contract, in any case it must be reported at least 14 days before the end of the rental period. If this is missed and timely collection is prevented, a fee of € 200 per day will apply after the end of the rental period until the return.

If the customer organizes the return himself, the return date agreed in the contract applies, in any case it must be reported at least 14 days before the end of the rental period. Otherwise there is a fee of € 200 per day after the end of the rental period until the return.

The customer undertakes to return the football table free of defects on time.

Liability of the coustomer


The football table may only be used with the balls supplied by the provider. The customer is liable for damage caused by the usage of other balls or objects as substitutes for a ball.

For the following damages, the customer and the provider agree that the customer does not have to pay any damages:

Defects liability

Customers are entitled to the statutory liability for defects for the services offered according to the relevant regulations of the Bürgerliche Gesetzbuch (BGB). If it is deviated from this, the liability for defects is according to the regulations set out in the Terms and Conditions (T&C).

For the duration of a rental contract with a term of at least one month, the provider also guarantees that he will take over maintenance for all defects that arise under normal use. This also applies to defects that did not exist when the football table was handed over.

The provider is granted that he can choose between a repair or a new delivery in case of a subsequent performance, if it concerns a new good and the customer is an entrepreneur. If the customer is a consumer, the warranty period for used goods is limited to one year. This does not apply to claims for damages of the customer due to injury to life, limb, health or essential contractual obligations, which must necessarily be fulfilled in order to achieve the contract objective. Likewise, this does not apply to claims for damages after gross negligence or intentional breach of duty by the provider or his legal representative or a vicarious agent. Otherwise, the statutory rules apply.

Contract design

If the customer is an entrepreneur, the risk of accidental loss and/or accidental deterioration of the goods is passed on to the customer at the time of the handover or, in the case of delivery, at the time of the delivery of the goods to the service provider selected for this purpose.

Disclaimer

Claims for damages of the customer are excluded, unless otherwise stated for the following reasons. This also applies to the representatives and vicarious agents of the provider, if the customer raises claims of damages against them. Excluded are claims for damages of the customer due to injury to life, limb, health or essential contractual obligations, which must necessarily be fulfilled in order to achieve the contractual objective. Likewise, this does not apply to claims for damages after gross negligence or intentional breach of duty by the provider or his legal representative or vicarious agent.

Prohibition of assignment and pledging

Claims or rights of the customer against the provider may not be assigned or pledged without his consent, unless the customer has established a legitimate interest in the assignment or pledging.

Language, jurisdiction and applicable law

The contract is written in German. The further implementation of the contractual relationship takes place in German. The law of the Federal Republic of Germany exclusively applies. For customers, this applies only insofar as this does not restrict any statutory provisions of the state in which the customer has his domicile or habitual residence. Jurisdiction in case of disputes with customers who are not end-consumers, a legal entity under public law or a special fund under public law is the registered office of the provider.

Privacy Policy

In connection with the initiation, conclusion, settlement and reversal of a rental contract on the basis of these terms and conditions, the provider collects, stores and processes data. This includes data on the time and number of games played and the income of the football table, which are required for billing. In addition, the customer can voluntarily share further data on the use of the football table with the provider. This happens in the context of the legal regulations. The provider does not disclose any personal data of the customer to third parties, unless he is legally obliged to do so or the customer has expressly previously consented. If a third party is used for services in connection with the processing of the manufacturing process, the provisions of the Federal Data Protection Act are complied with. The data provided by the customer in the ordering process will only be processed to establish contact within the scope of the contract and only for the purpose for which the customer provided the data. The data will only be passed on to the shipping company that takes over the delivery of the goods as required. The payment details will be forwarded to the bank responsible for the payment. As far as the provider needs to meet retention periods of commercial or tax law, the storage of some data can take up to ten years. During the visit to the Internet shop of the provider, anonymized data that does not indicate personal conclusions and do not intend to use, especially IP address, date, time, browser type, operating system and pages visited, will be logged. At the request of the customer, the personal data will be deleted, corrected or blocked within the scope of the legal provisions. Free information about all personal data of the customer is possible. For questions and requests for deletion, correction or blocking of personal data as well as collection, processing and use, the customer can turn to the following address hanshanshans Biermann, Stapper, Engelke GbR, Emdener Straße 105, 50679 Köln, engelke@hanshanshans.de.

Salvatory clause

The invalidity of any provision of these Terms and Conditions has no effect on the validity of the remaining provisions.

Implementation of the ODR Directive

Online dispute resolution pursuant according to Art. 14 Abs. 1 ODR-VO The European Commission provides a platform for online dispute resolution (OS) available at http://ec.europa.eu/consumers/odr/. Note according to § 36 Abs. 1 Nr. 2 VSBG: We point out that we are not available for participation in dispute settlement proceedings in front of a consumer arbitration board. "