Business Terms

Terms and Conditions of Sale

 

 

When entering into a business agreement with Harder & Steenbeck GmbH & Co. KG (here-inafter called “Harder & Steenbeck”) by purchasing their products – in particular individually customized airbrushes – directly via Harder & Steenbeckʼs website www.build-an-airbrush.de, the customer will agree to these terms and conditions. Any deviating terms and conditions will not form an integral part of the agreement by silence or delivery by Harder & Steenbeck, but only by means of a written confirmation by the management of Harder & Steenbeck, for of each individual transaction separately.

 

 

1. Legally, any offers from Harder & Steenbeck are invitations to the customer to place an order with Harder & Steenbeck in form of an offer of purchase. Orders are placed by cus-tomers by clicking on the button “Buy now” and Harder & Steenbeck confirming and thus accepting these orders. If the customer chooses to pay via PayPal or Amazon Payments, the purchase agreement is being entered at the time of confirmation of the payment to PayPal Holdings or Amazon Payments Europe S.C.A. Orders may only be placed for personal and domestic use and not for resale. The conclusion of the agreement and all communications in connection with the business relationship are to be conducted in either German or English.

 

2. Harder & Steenbeck will save the text of the sales agreement and send it to the customer via email immediately following the placement of the order together with the terms and conditions including the cancellation information. Furthermore, the customer may view the terms and conditions on the website www.build-an-airbrush.de and download them at any time. When logged in, the customer may view previous orders.

 

3. Graphical depictions and descriptions of the products offered are merely exemplary and are not part of the agreement. Deviations from the product's representation on the website regarding colours and fonts on screen (smartphone, tablet, PC monitor, etc.) are due to technical reasons.

 

4. The purchase price is subject to the components of the airbrush as individually configured by the customer, and it is continuously being displayed to the customer under “amount” (net). Additional costs are value-added tax at the applicable statutory rate (currently 19% of the net amount) as well as packaging and shipping costs, which will be shown to the customer prior to completing the order and which are subject to the customer’s country, as selected in the customer’s account. Depending on the destination, country shipping costs are EUR 6.50, EUR 15.50, or EUR 28.50. The total price including VAT, packaging and shipping costs will be shown before completing the order.

 

 

1. If possible, the airbrush as configured by the customer will be shipped within three busi-ness days after payment. If the ordered goods are not available within three business days, Harder & Steenbeck will inform the customer via the contact details submitted when ordering. Partial deliveries are permitted, provided they are reasonable for the customer; there will be no additional costs for the customer.

 

2. Customers can choose from the following payment methods:
When choosing advance payment, the bank details for payment of the total amount will be sent to the customer. After receipt of payment the order will be processed.
When choosing PayPal as payment method, customers must already be registered with PayPal, log in to PayPal with their credentials and confirm the payment (except possibly via guest access). Customers will receive more information when ordering.
When choosing Amazon payments as payment method, customers must already be reg-istered with Amazon payments, log in to Amazon payments with their credentials and con-firm the payment (except possibly via guest access). Customers will receive more infor-mation when ordering.

 

3. Delivery will be made as parcel shipment (via UPS) to the shipping address specified in the customer's account. Receipt of the goods must be confirmed by the customer or an authorized representative via a signed receipt.

 

 

 

 

The goods delivered by Harder & Steenbeck remain in our property until payment for the de-liveries has been received in full. Should the customer fall into arrears over the payment of the purchase price for more than 14 days, Harder & Steenbeck is entitled, after an appropri-ate grace period, to withdraw from the sales agreement and to claim damages.

 

 

1. There is a statutory responsibility for defects which is applicable subject to the following rules.

 

2. When receiving the goods, the customer must take note of any visible shipping damage and indicate any such damage on the shipping documents. In this case, Harder & Steen-beck asks the customer to kindly open the package in the presence of the carrier and check the condition of the goods. Any damage must be noted in writing. In addition to this, Harder & Steenbeck need to be notified immediately of any shipping damage. In case of complaints, the customer is required to contact Harder & Steenbeck by phone or email via the contact function.

 

3. Any information on Harder & Steenbeck’s websites about the goods offered are carefully checked. However, they only serve the purpose of informing our customers and do not guarantee the properties of the goods. Insignificant, but apparent deviations of colours and/or fonts from the representation on the website cannot always be avoided and do not constitute a defect for which Harder & Steenbeck will have to compensate the customer. Statutory warranty claims remain unaffected.

 

4. Harder & Steenbeck shall be excluded from liability for damages when having negligently breached a duty which is not an essential contractual duty. Essential contractual duties are duties that are necessary in order to achieve the objectives of the agreement. Should Harder & Steenbeck negligently breach an essential contractual duty, Harder & Steen-beck’s liability shall be limited to the foreseeable losses typical of the agreement. The limi-tations of liability apply to any kind of contractual or non-contractual liability for damages; they do not apply to any claims of the customer from product liability or to damages to body or health or loss of life of the customer imputable to Harder & Steenbeck.

 

5. Independent of the provisions of statutory warranty (liability for defects), Harder & Steen-beck will grant the customer a warranty for a period of 24 months from purchase against all defects in materials and workmanship, in case of proper use of the airbrush. Wear parts such as gaskets, nozzles, needles, etc. are excluded.

 

6. Harder & Steenbeck’s website contains links to other websites (“external links”). These websites are subject to the responsibility and liability of the respective providers. When first including these external links, Harder & Steenbeck have checked their content for any legal violations. However, Harder & Steenbeck has no influence whatsoever on the current and future design and content of these external websites which are not owned by Harder & Steenbeck. Without concrete evidence of legal violations, Harder & Steenbeck cannot reasonably be expected to continuously monitor all external links. With knowledge of legal violations, such external links will be deleted immediately. If a user has evidence of such legal violations on linked websites, they are kindly requested to inform Harder & Steenbeck.

 

 

The customer hereby agrees that any personal data entered when buying will be processed and electronically stored within applicable data protection laws inasmuch as they are neces-sary for the completion of the order. All data shall be treated in a confidential manner. They will be used for internal purposes only, and they will only be forwarded to the delivery compa-ny (e.g. UPS) or to the company handling the payment (e.g. PayPal) for the purpose of the conclusion of the agreement. The customer may at any time object to the aforementioned processing and utilization of their personal data by notifying Harder & Steenbeck (Hans-Böckler-Ring 37, D-22851 Norderstedt, Germany). For further reference, please view our extensive privacy policies.

 

 

1. The customer will receive the following cancellation instructions:

 

You have the right to cancel this agreement within fourteen days without stating reasons.
The cancellation period shall begin fourteen days from the date the goods have been taken into possession by you or a third party named by you other than the carrier.
In order to exercise your rights of cancellation, you must inform us (Harder & Steenbeck GmbH & Co. KG, Hans-Böckler-Ring 37, D-22851 Norderstedt, Germany, Fax: +49 (0)40 878798931, email: info@harder-airbrush.de) by means of an unambiguous statement via let-ter by post, fax or email about your decision to withdraw from this agreement. For this, you may use the attached withdrawal form, but it is not compulsory.
For compliance with the cancellation period, a notification concerning the exercise of the right of cancellation needs to be sent before the cancellation period has expired.

 

If you cancel this agreement, we will reimburse all payments we have received from you, including shipping costs (with the exception of any additional costs arising from the fact that you have chosen a different mode of shipping than the standard mode of shipping offered by us). This reimbursement will take place immediately, the latest within fourteen days from the date we have received the notification of your cancellation of this agreement. For reimburse-ment we shall use the same method of payment that you used in the original transaction, un-less expressly agreed upon otherwise; you will not be charged any fees for the reimburse-ment. We may withhold reimbursement until we have received our goods back or until you have proven that you have returned the goods, whichever the earlier.
You are obliged to return the goods immediately, but no later than fourteen days from the date on which you have informed us about the cancellation of this agreement. This deadline is met if you send the goods before expiry of a fourteen day period.
You shall bear the direct cost of returning the goods. These costs will be – depending on the country from which you return the goods – estimated at around EUR 6.50 to EUR 30.00.
You will have to pay for any loss in value of the goods, if this loss in value is due to handling the product in a manner which is not necessary for checking the condition, characteristics and functioning of the goods.

 

2. It is expressly brought to the customer’s attention that the right of cancellation does not apply to agreements for the supply of goods which are not prefabricated and for the pro-duction of which individual choices or decisions by the consumer must be observed or which are clearly tailored to the customer’s personal needs. Therefore, for any airbrush equipment which has been individually configured by the customer – in particular with personalised engravings – the above mentioned right of cancellation does not apply.

 

 

German law shall apply to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (CISG).

 

Status: September 2015