Right of withdrawal
The customer can withdraw from the contractual statement within a period of two weeks without reason in writing (e.g. letter, fax, email) or by sending the goods back. The period begins as soon as the goods have been received and/or after receiving this text. In order for the right of withdrawal to be valid, the right of withdrawal for the goods should be sent back to us in time. The withdrawal or sending back of goods should be sent to:
HHW Hans Hilpert Werbemittel HGmbH & Co. KG
Bolsterer Chaussee 85 - Haus 6 -
22453 Hamburg, Tel.: 040 4142780
Fax: 040 41427899
e-mail address: sales@lina-m.eu
Revocation consequences: In the event of an effective revocation, the received services or goods are to be returned without capital gain (e.g. interest). Should the customer not be able to return the goods or only return them partially or in a deteriorated condition then the customer will be obligated to value replacement. This will not apply to goods that have to be tested for deterioration as the goods could have been tested when purchased in store. The customer is also able to avoid the value replacement obligation by not putting the goods to use in person but by sub contracting them to a third party.
The customer carries the costs for sending goods back should they correspond with the original order and if the value of the goods does not exceed 40,00 Euro, or if the price is higher than 40,00 Euro and the customer has not yet paid for the goods or made a deposit in accordance with the contractual agreement. Otherwise we will carry the costs for sending back goods. The sending back of goods is then done so at our own risk. The customer must reimburse any outstanding amounts within 30 days of sending the right of revocation.
End of withdrawal instruction
General Terms and Conditions of HHW Hans Hilpert Werbemittel HGmbH & Co. KG
1. Area of validity
These General Terms and Conditions will apply to all orders for deliveries and services rendered by HHW Hans Hilpert Werbemittel HGmbH & Co. KG (hereafter referred to as HHW). Any agreements or variations to our General Terms and Conditions, especially in your conditions of purchase and General Terms and Conditions will only apply if they are approved by us in writing.
2. Contract conclusion
All offers are subject to change. We will however be bound to specially prepared offers for a period of thirty calendar days. Offers that appear in our current catalogue or are advertised on our website are all non binding. By ordering goods via fax (004940/41 42 78 99), per telephone (004940/41 42 780), on the Internet (www.lina-m.eu) or via e-mail at (sales@lina-m.eu), you make a binding offer to the completion of a contract of sale and can no longer back out of the contract. Your offer becomes binding as soon as the information has reached us. We will inform you about the conclusion of contract within a period of two weeks by sending you the confirmation of order or by sending you the goods.
Should you order the goods via the internet, then your order is automatically confirmed. The risk of an unexplainable faulty transmission is entirely yours should you not be the user.
3. Right of withdrawal
Provided you are the end user (§ 13 BGB), you have the right according to the § 312 d BGB and § 355 BGB laws, to withdraw from the contract within a period of two weeks without reason in writing (e.g. Letter, fax, email) or by sending the goods back within the stated period. The period begins as soon as the goods have been received. Your signature is not necessary for the right of withdrawal. To honour the notice of cancellation, one must send the goods or the right of withdrawal back within the said period. The sending back of goods should be sent to: HHW Hans Hilpert Werbemittel HGmbH & Co. KG, Borsteler Chaussee 85, 22453 Hamburg; Fax: 004940 - 41427899 or via e-mail to: sales@lina-m.eu.
In the event of an effective revocation, the received services or goods are to be returned without capital gain (e.g. interest). Should the customer not be able to return the goods or only return them partially or in a deteriorated condition then the customer will be obligated to value replacement. This will not apply to goods that have to be tested for deterioration as the goods could have been tested when purchased in store. The customer is also able to avoid the value replacement obligation by not putting the goods to use in person but by sub contracting them to a third party.
The customer carries the costs for sending goods back should they correspond with the original order and if the value of the goods does not exceed 40,00 Euro, or if the price is higher than 40,00 Euro and the customer has not yet paid for the goods or made a deposit in accordance with the contractual agreement. Otherwise we will carry the costs for sending back goods. The sending back of goods is then done so at our own risk. The customer must reimburse any outstanding amounts within 30 days of sending the right of revocation.
Your confirmation of cancellation expires should your contracting partner have begun the fulfilment of services with your specific approval before the end of the cancellation period or if you have done so yourself (e.g. Download).
3. Payment options
a) We accept the following payment methods
1. Prepayment via bank transfer from customer to us
2. Payment via Pay Pal
4. Delivery and pricing
The delivery of ordered/bought goods follow within a period of 5 - 8 days after receiving payment.
We reserve the right to select the correct and punctual self supply in the event of the conclusion of a concrete covering transaction. Should a sub-contractor not be able to deliver and should we have not carefully selected the sub-contractor, then we are freed from the obligation of achievement of service. We commit ourselves to inform you immediately and to reciprocate any possible services.
Should we default on a delivery commitment, then you are only able to enforce further rights after a period of at least 2 weeks after delivery and after the period has run out without success.
Should you be a entrepreneur, then the risk of possible loss or accidental damage to goods during delivery by the contracted delivery company will become yours. Should you be an user then the risk of possible loss or accidental damage to purchased goods, also via mail sending comes into effect once you receive the goods. Regardless of when you are handed over of goods. As soon as you receive the goods it becomes active.
Products for end users are subject to the legal value added tax.
Should you be a purchaser, a lawyer of public law or a special fund under public law, then the prices are subject to the legal value added tax.
5. Mailing expenses
The mailing expenses for individual items will be charged for individually and are stated respectively. Multiple items will be sent together and the mailing expenses will be charged once.
6. Delivery
All packages are insured. The deliveries are made on working days from Monday to Friday. Please note that the delivery services will send packages back to us after three unsuccessful delivery attempts. Should you not be at home, you will usually receive a notification.
Small and light items will be sent as consignment or Maxi letter and delivered by the German Postal Service.
7. Warranty
Warranty claims expire 2 years after delivery and after 1 year with contracts to companies. With deliveries of used objects of purchase a 1 year warranty claim comes into effect. Unless the deliveries to be rendered are additional claims for damages that are subject to gross negligence or intended infringement of an essential contractual commitment or in other words a guarantee based upon the liability according to the Product Liability Act and for bodily harm.
In the event that it is not a neglect of duty on our part then the withdrawal from contract is impossible.
We are not responsible for manufacturer warranties. The requirements from such a warranty must make you valid with the responsible guarantor. We are also not responsible for the lack of or damaged goods, which are the result of incorrect handling or from foreign effect.
External requirements, in particular claims for damages including lost profit or because of other financial damages are, in so far as rough negligence or resolution (including light negligence), based upon damages regarding a substantial contractual obligation and/or a warranty, impossible. This product liability law remains unaffected even in the cases of bodily harm. The non-liability is also valid for injuries sustained by our executing aides.
Defect removal or replacement takes will only take place in accordance with fair trade and without the acknowledgment of an obligatory right. The acknowledgment of damages require a thorough explanation.
Should the examination of damages to a purchased item lead to a result that does not exist in the context of our guarantee, then we will, unless you have explicitly referred the problem to another cause, handle the damages caused as cause deliberate or through rough negligence administered by yourself and you will then be liable for any costs resulting from the investigation of damages. The charges for packaging and forwarding expenses will also be charged to you. The same applies when we are unable to determine, after examination, if the purchased was defect or was damaged by you. Anything else will only then apply when you have explicitly indicated a possible cause of damages that have occurred.
8. Conditions of sale
We reserve the right to all delivered items until items have been paid for in full.
Should you not honour the contract and hold back payment for any items, after we have requested you to do so and given you reasonable time to do so, then you will be obliged to send the items back to us.
Should you be a tradesman, a lawyer of the public law or an asset under public law, then the following will apply:
a. You have the right to sell the delivered items in accordance with a normal business transaction; You are responsible for all costs amounting from the sale price between us (including value added tax), and costs resulting from the purchase, regardless whether the delivered items are to be sold with or without further processing. You are responsible for the amounts as soon as they occur. Should you not honour your payment obligation or especially delay payment, then we reserve the right to take legal measures against you. In the event of this happening, we have the right to make public all outstanding amounts and debtor names, and to take all necessary measures against the debtors, including the handing over to a creditworthy third party.
b. The processing or alteration of items by yourself will be undertaken by yourself for us. Should the delivered items be processed with other items not belonging to us, then we are obliged to charge you in accordance with the original price, to process the items back to the original state at your own expense.
c. Should the delivered items be inseparably mixed with other items not belonging to us, then we receive the co-ownership of these other items at the percentage of the value of the delivered items to the mixed items. You will store the co-ownership for us.
d. You must not pawn delivered items nor assign them for security reasons. You have to inform us immediately of any attachments of confiscation or other funds committed by third parties and provide us with all information and data, which are necessary for us to protect our rights. Executor officers or third parties are to be informed of our ownership.
e. If the realizable value exceeds our demands from the contract by more than 20%, then we are obligated to release the exceeding collateral of our choice on your demand.
9. Customer service
You can reach our customer service via Telephone: 049-40-4142780 or via e-mail at: service@lina-m.eu, on week days from 10:00 to 16:00 for questions, reclamations and complaints.
10. Place of delivery/Place of jurisdiction
If you are an entrepreneur, the place of delivery is the central storage depot of our company headquarters in Hamburg.
Should you be an entrepreneur, then all disputes resulting from the contractual relation, whether a legal entity of the public right or a public special estate then fall under the exclusive area of jurisdiction of Hamburg. We are also entitled to sue in the area of your head office.
The German law applies under exclusion of the laws over the international purchase of movable objects, even if the customer has his company headquarters abroad.
11. Miscellaneous Transmission of rights and obligations of the customer by closing a contract with us require our written agreement to become effective. If a regulation should be or become invalid, then the validity of the other regulations remain untouched.
12 Imprint
Lina M. ®
Is a brand of:
HHW Hans Hilpert Werbemittel HGmbH & Co. KG
Borsteler Chaussee 85 (House 6)
22453 Hamburg
Tel: +49 40 414278-0
Fax: +49 40 414278-99
e-mail: sales@lina-m.eu
Director: Jan Hilpert
Amtsgericht Hamburg, HRA85214
p.h.G. Hans Hilpert Werbemittel HGmbH
Amtsgericht Hamburg, HRB46881
USt-IdNr. DE 118 323 118