heoken - Terms and Conditions

Terms and Conditions

§ 1 Scope, Definitions
(1) Heoken GbR, Plattenfeldstraße 5, 86453 Dasing, Germany (hereinafter referred to as “we” or “Heoken”) operates an online store for goods at https://heoken-online-shop.myshopify.com/. The following general terms and conditions apply to all services between us and our customers (hereinafter referred to as “customer” or “you”) in the version valid at the time of the order, unless otherwise explicitly agreed upon.
(2) “Consumer” within the meaning of these terms and conditions is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade or business. “Entrepreneur” is a natural or legal person or a legal partnership who, when entering into a legal transaction, acts in the course of their trade or independent professional activity, whereby a legally capable partnership is a partnership that has the ability to acquire rights and enter into obligations.

§ 2 Conclusion of Contracts, Storage of Contract Text
(1) The following regulations on contract conclusion apply to orders via our online shop at https://heoken-online-shop.myshopify.com/.
(2) Our product presentations on the internet are non-binding and do not constitute a binding offer to conclude a contract.
(3) When an order is placed in our online shop, the following regulations apply: The customer makes a binding offer by successfully completing the order process in our online shop. The order takes place in the following steps:

Selection of the desired product.
Adding products by clicking the respective button (e.g., "Add to Cart", "Add to Basket", etc.).
Checking the details in the shopping cart.
Opening the order overview by clicking the respective button (e.g., "Proceed to Checkout", "Proceed to Payment", "Order Overview", etc.).
Entering/checking address and contact details, selecting the payment method, confirming the terms and conditions and the cancellation policy.
If the agreed specification of the goods deviates from its usual condition and usage requirements, confirming a negative specification agreement.
Completing the order by pressing the "Buy Now" button. This constitutes your binding order.
The contract is concluded when we send a confirmation of the order to your provided email address within three working days.

(4) In the event of contract conclusion, the contract is concluded with Heoken GbR, Plattenfeldstraße 5, 86453 Dasing, Germany.
(5) Before placing the order, the contract data can be printed or electronically saved via the browser’s print function. The processing of the order and the transmission of all information required for the conclusion of the contract, in particular the order data, the terms and conditions, and the cancellation policy, will be done by email after you trigger the order, partially automated. We do not store the contract text after the contract has been concluded.
(6) Input errors can be corrected using the usual keyboard, mouse, and browser functions (e.g., "Back button" of the browser). You can also correct them by canceling the order process early, closing the browser window, and repeating the process.
(7) The processing of the order and the transmission of all information required for the conclusion of the contract will be done by email, partially automated. You must ensure that the email address you have provided is correct and that the receipt of emails is technically ensured, particularly that it is not blocked by spam filters.

§ 3 Subject Matter of the Contract and Essential Features of the Products
(1) The subject matter of the contract in our online shop is the sale of goods. The specific goods offered can be found on our product pages.
(2) The essential features of the goods are specified in the product description. If the agreed specification of the goods deviates from their usual condition and usage requirements, this will be explicitly indicated in the product description (negative specification agreement). If the customer has expressly agreed to the negative specification deviation, this defines the subject matter of the contract.

§ 4 Prices, Shipping Costs, and Delivery
(1) Custom Rods (Purchase on Invoice): After the mutual definition of the custom rod, you will receive a detailed order confirmation including the invoice and agreed delivery time. Please transfer 50% of the agreed purchase price (= invoice amount) to the bank account we provide. We will process your order after receiving this down payment. After the product is finished, you will be informed to transfer the remaining balance. After receiving the final payment, we will ship the goods to you.
(2) All other products we offer (Prepayment): The prices and shipping costs indicated in the respective offers are total prices, including all price components and taxes.
(3) The respective purchase price must be paid before the product is delivered (prepayment), unless we explicitly offer the purchase on invoice. The payment methods available to you are listed in a corresponding button in the online shop or in the respective offer. Unless otherwise stated for the individual payment methods, the payment claims are due for immediate payment.
(4) In addition to the indicated prices, shipping costs may apply for the delivery of products unless the respective product is explicitly marked as shipping-free. The shipping costs will be clearly communicated to you in the offers, possibly in the shopping cart system and in the order overview.
(5) All offered products are, unless otherwise clearly stated in the product description, ready for shipment immediately (delivery time: 1-3 working days after payment has been received, or after the down payment is received in the case of purchase on invoice).
(7) Delivery is only made to the countries specified under Delivery/Shipping.

§ 5 Right of Retention, Retention of Title
(1) A right of retention can only be exercised if it concerns claims from the same contractual relationship.
(2) The goods remain our property until the full payment of the purchase price.

§ 6 Right of Withdrawal
As a consumer, you have a right of withdrawal. This is governed by our withdrawal policy.

§ 7 Liability
(1) Subject to the following exceptions, our liability for contractual breaches of duty and tort is limited to intent or gross negligence.
(2) We are liable for slight negligence in the case of injury to life, body, or health, or for the breach of a contractual obligation essential to the contract, without limitation. If we become late in delivering the performance due to slight negligence, if the performance becomes impossible, or if we violate an essential contractual obligation, the liability for resulting property and financial damage is limited to the foreseeable damage typical for the contract. An essential contractual obligation is one whose fulfillment is necessary for the proper execution of the contract, the violation of which endangers the achievement of the contractual purpose, and on whose observance you may regularly rely. This includes in particular our obligation to act and fulfill the contractual performance described in § 3.

§ 8 Language of the Contract
The contract language is exclusively German.

§ 9 Warranty
(1) The warranty is governed by the statutory provisions.
(2) For entrepreneurs, the warranty period for delivered goods is 12 months.
(3) As a consumer, you are requested to immediately check the goods or services provided upon delivery for completeness, obvious defects, and transport damage, and to notify us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty rights.
(4) Custom Rods: If defects are found, we reserve the right to remedy the defects. To eliminate the defects, the customer must provide us with the required time and opportunity at our discretion at the location of Heoken GbR. If the customer refuses this, we are released from the obligation to remedy the defects. Color deviations of the parts are excluded from complaints. Warranty claims do not apply to natural wear. Furthermore, damage resulting from improper or non-conforming use after the transfer of risk is excluded.
Purchased components that were not manufactured by us or were provided by the customer are excluded from the warranty. Warranty claims are also excluded if the customer or third parties make improper modifications or attempts to remedy defects.

§ 10 Final Provisions / Dispute Resolution
(1) German law applies. For consumers, this choice of law only applies to the extent that the protection granted by mandatory provisions of the law of the state of the consumer’s usual residence is not revoked (favorable principle).
(2) The provisions of the UN Sales Convention are explicitly not applicable.
(3) If the customer is a merchant, a legal entity under public law, or a public-law special fund, the exclusive place of jurisdiction for all disputes arising from the contractual relationship between the customer and the provider is the provider's place of business.