consequences of Withdrawal
In the case of an effective cancellation, the mutually received benefits shall be returned and any benefits (such as interest) incurred. If you can not give us back or give us the received performance as well as usages (eg use advantages) or only partially or only in a deteriorated condition, you have to pay us compensation. For the deterioration of the thing and for drawn uses, you only have to pay compensation if the use or the deterioration is due to a handling of the thing, which goes beyond the examination of the characteristics and the functioning. The term "testing the properties and the mode of operation" refers to the testing and testing of the respective goods, as is possible and customary in a retail store. Transportable items are to be returned at our risk. You have to bear the regular costs of the return, if the delivered goods correspond to those ordered. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you with the dispatch of your revocation or the thing, for us with their receipt.
End of revocation
§ 7 Cost Agreement
If the customer makes use of his right of withdrawal according to § 6, it is separately agreed that the customer has to bear the regular costs of the return if the delivered goods correspond to those ordered. Otherwise, the return for the customer is free of charge.
In the case of cancellation or withdrawal from the purchase of goods already delivered and returned at the expense of the buyer, for reasons which manufacturers, sellers or transport service providers are not responsible for, ERHASO is entitled to charge a lump sum of up to 20% of the value of the goods from the refund or credit note to cover restocking and chargeback. The in this case already consumed delivery costs can also not be refunded.
§ 8 warranty and customer inquiries
In case of defects the statutory warranty regulations apply. Complaints and customer inquiries of any kind are directed to the above contact details directly to "ERHASO". Customer inquiries are answered as a rule immediately, at the latest within two working days (eg by email, telephone).
§ 9 Transport damage
(1) The customer will check the delivered goods. In the event of externally visible transport damage, the customer undertakes to note these on the shipping documents and to have them acknowledged by the deliverer; the packaging must be kept.
(2) If the (partial) loss or damage is not externally identifiable, the customer shall notify this to "ERHASO" within 3 days of delivery or within 7 days of delivery to the carrier to ensure that any claims against the carrier Transport companies are claimed on time.
(3) Any rights and claims of the customer, in particular the statutory rights of the customer in the case of defects in the purchased goods, remain unaffected by the provisions under § 9 (1) and (2).
§ 10 contract language, contract text, data protection and input errors
(1) The contract language is German. The contract text will be stored as a website for up to 90 days after conclusion of the contract and can be requested by the customer. The customer can use the functions of his browser to print the contract text or save it to a file on his computer. The customer is responsible for archiving the information that can be viewed and stored on the website for an extended period on an independent storage medium. After the conclusion of the contract, the customer receives the legally required information separately in text form as part of the purchase.
(2) "ERHASO" uses the data communicated by the customer without his separate consent exclusively for the fulfillment and execution of the purchase contract. Upon completion of the contract and full payment of the purchase price, the customer's data will be blocked for further use and deleted after expiry of the tax and commercial regulations, unless the customer has expressly consented to the further use of his data. Our employees are aware of the data secrecy and are obliged to comply with the requirements of § 5 BDSG (Federal Data Protection Act).
The customer has a right to information as well as a right to correction, blocking and deletion of his stored data. Please send us your request by post, fax or e-mail to the above contact details.
(3) The customer can recognize input errors before the final submission of his contract, in the purchase and correct by pressing the "Back" button of his browser or close the browser window at any time.
§ 11 Jurisdiction
If the customer is a merchant, legal entity under public law or special fund under public law, the place of business of "ERHASO" is the exclusive place of jurisdiction for all disputes resulting directly or indirectly from the contractual relationship. The same applies if an entrepreneur does not have a general place of jurisdiction in Germany or if his domicile and / or habitual residence is not known at the time the complaint is filed. The right of "ERHASO" to call the court at another legal place of jurisdiction remains unaffected.
§ 12 Governing Law
German law applies to the conclusion and settlement of all contracts. For consumers, this choice of law applies only insofar as the granted protection is not restricted by mandatory provisions of the law of the state in which the consumer has his habitual residence. The validity of the UN sales law is excluded.