Terms and Conditions
§ 1 Scope, Definitions
(1) Edition SKED, Stefan Kleßmann, Sophie-Charlotten-Str. 115b, 14059 Berlin, Germany (hereinafter: “we” or “Official HOAS & SFED Online Shop”) operates an online shop for goods under the website https://hoas-sfed.com. The following general terms and conditions apply to all services between us and our customers (hereinafter: “Customer” or “You”) in the version valid at the time of the order, unless expressly agreed otherwise.
(2) A “consumer” within the meaning of these terms and conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their independent professional activity. An “entrepreneur” is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity, whereby a legal partnership is a partnership that has the legal capacity to acquire rights and incur liabilities.
§ 2 Conclusion of the Contract, Storage of the Contract Text
(1) The following regulations regarding the conclusion of contracts apply to orders placed through our online shop at https://hoas-sfed.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 received in our online shop, the following provisions apply: The customer submits a binding contractual offer by successfully completing the ordering procedure provided in our online shop. The order is placed in the following steps:
- Selection of the desired goods,
- Adding the products by clicking the corresponding button (e.g. “Add to Cart”, “Add to Shopping Bag” or similar),
- Checking the information in the shopping cart,
- Accessing the order overview by clicking the corresponding button (e.g. “Proceed to Checkout”, “Proceed to Payment”, “Order Overview” or similar),
- Entering/checking address and contact details, selecting the payment method, confirming the GTC and withdrawal policy,
- If the agreed characteristics of the goods deviate from their usual characteristics and requirements for use, confirmation of a negative agreement on characteristics,
- Completion of the order by clicking the “Buy Now” button. This represents your binding order.
- The contract is concluded when you receive an order confirmation from us within three working days at the email address you provided.
(4) In the event of the conclusion of the contract, the contract is concluded with Edition SKED, Stefan Kleßmann, Sophie-Charlotten-Str. 115b, 14059 Berlin, Germany.
(5) Before placing the order, the contract data can be printed out using the browser’s print function or saved electronically. The processing of the order and transmission of all information required in connection with the conclusion of the contract, in particular the order data, the GTC and the withdrawal policy, takes place by email after you have placed the order, partly automatically. 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. the browser’s “Back” button). They can also be corrected by cancelling the order process prematurely, closing the browser window and repeating the process.
(7) The processing of the order and the transmission of all information required in connection with the conclusion of the contract takes place partly automatically by email. You must therefore ensure that the email address you have provided to us is correct, that the receipt of emails is technically ensured and, in particular, that it is not prevented by SPAM filters.
§ 3 Subject of the Contract and Essential Characteristics of the Products
(1) In our online shop the subject of the contract is:
- The sale of goods. The specific goods offered can be found on our product pages.
(2) The essential characteristics of the goods can be found in the product description. If the agreed characteristics of the goods deviate from their usual characteristics and requirements for use, this will be expressly indicated in the product description (negative agreement on characteristics). If the customer has given their express consent to the negative deviation in characteristics, this defines the subject of the contract.
§ 4 Prices, Shipping Costs and Delivery
(1) The prices stated in the respective offers as well as the shipping costs represent total prices and include all price components including all applicable taxes.
(2) The respective purchase price must be paid before the delivery of the product (advance payment), unless we expressly offer purchase on account. The payment methods available to you are indicated under a correspondingly designated button in the online shop or in the respective offer. Unless otherwise stated for the individual payment methods, the payment claims are due for payment immediately.
(3) In addition to the stated prices, shipping costs may apply for the delivery of products, unless the respective item is designated as free of shipping costs. The shipping costs will be clearly communicated to you again in the offers, if applicable in the shopping cart system and on the order overview.
(4) All offered products are ready for shipment immediately unless clearly stated otherwise in the product description (delivery time: 4 to 14 Days after receipt of payment).
(5) Delivery is made worldwide.
(6) If the delivery of the goods fails for reasons for which you are responsible, you shall bear the reasonable costs incurred by us as a result. This does not apply with regard to the costs for the original shipment if you effectively exercise your right of withdrawal. In the case of effective exercise of the right of withdrawal by you, the provision made in our withdrawal policy applies to the return costs.
§ 5 Right of Retention
(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.
§ 6 Right of Withdrawal
As a consumer, you have a right of withdrawal. This is governed by our withdrawal policy.
§ 7 Contract Language
The contract language available is German and English.
§ 8 Liability
(1) Subject to the following exceptions, our liability for contractual breaches of duty as well as for tort is limited to intent or gross negligence.
(2) In cases of slight negligence, we shall be liable without limitation in the event of injury to life, body or health or in the event of breach of an essential contractual obligation. If we are in default with the performance due to slight negligence, if performance has become impossible or if we have breached an essential contractual obligation, liability for resulting property damage and financial loss shall be limited to the foreseeable damage typical for the contract. An essential contractual obligation is one whose fulfillment makes the proper execution of the contract possible in the first place, whose breach endangers the achievement of the contractual purpose and on whose compliance you may regularly rely. This includes in particular our duty to act and fulfill the contractually owed performance described in § 3.
§ 9 Warranty
(1) Warranty claims are governed by the statutory provisions.
(2) In relation to entrepreneurs, the warranty period for delivered goods is 12 months.
(3) As a consumer, you are requested to check the item/digital goods or the service provided immediately upon fulfillment of the contract for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as quickly as possible. Failure to do so has no effect on your statutory warranty claims.
§ 10 Final Provisions / Dispute Resolution
(1) German law shall apply. In the case of consumers, this choice of law shall apply only insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence is not withdrawn (principle of favorability).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
(3) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider shall be the registered office of the provider.
(4) We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.