General Terms and Conditions

1. General

1.1 The provider is Hirmer Grosse Grössen Online GmbH, Kaufinger Straße 28, 80331 Munich, Germany; telephone: +44 122 397 6344; Monday – Friday 9am – 6pm; e-mail: service@hirmer-big-tall.com (hereinafter “we ”).

1.2 These General Terms and Conditions shall apply in their respective current version to the online contractual relationship that is established between us and the buyer of goods from our online shop.

1.3 General Terms and Conditions of the buyer which conflict with or deviate from the provisions that follow shall not apply.

1.4 In accordance with Section 13 of the German Civil Code, a “consumer” refers to any natural person who enters into a legal transaction for purposes that predominantly are outside his or her trade, business or profession.

2. Conclusion of contract, display of contractual data after conclusion of the contract

2.1 Goods can only be ordered from our website.

2.2 Once you, as the buyer, have selected all the goods you wish to purchase on our website by using the menu option “Add to Cart”, have then entered the necessary data (name, address and a different delivery address if applicable) and, in a third step, have selected one of the possible payment options (Article 4), all data will be displayed again in full as a summary. You can then check all the information and make any necessary or desired changes.

2.3 When you place the order in the next step by clicking on the menu option ”Buy now”, you are submitting an offer within the meaning of Section 145 of the German Civil Code for the conclusion of a sales contract for the goods in the cart.

2.4 You will receive confirmation of receipt of your order by e-mail (order acknowledgement). The order acknowledgement merely serves as notification of the actual receipt of your order by us. It does not yet represent an acceptance of your contractual offer if you have placed your order and opted for cash on delivery or payment on account.

2.5 Establishment of the contractual relationship

2.6 The following terms apply if you have placed an order and opted for cash on delivery or payment on account:

2.6.1 A contract between you and us is only concluded when we accept your offer within a period of five days by shipping the goods and sending you a further e-mail confirming the shipment of the goods (shipping confirmation). With our acceptance of the offer, a sales contract is concluded between you and us that applies only to the goods listed in the shipping confirmation. Goods from the same order that are not listed in the shipping confirmation do not form part of the sales contract. If you do not receive shipping confirmation, this means that no sales contract has been concluded.

2.6.2 If, at the time the order is placed, the goods are not in stock but become available again within the next few days, you will receive notification of a partial delivery option before you select your method of payment. You can then decide if you already want to make a purchase offer for the part of the order that can only be delivered at a later stage. The goods that will only be available for delivery at a later stage will then be sent to you as soon as possible by means of a separate shipment. If you do not receive shipping confirmation for the goods that can only be delivered at a later stage within fourteen days, you have the right to withdraw your purchase offer for the goods that can only be delivered later. In the case of partial deliveries, shipping costs or possible cash on delivery charges (Article 5) are incurred only once (payable at the first partial delivery).

2.7 The following terms apply if you have paid in advance (payment by credit card, Sofort transfer, PayPal, Amazon Pay, direct debit or voucher code):

2.7.1 We accept your offer immediately upon receipt of your order. With our acceptance of the offer, a sales contract is concluded between you and us for the ordered goods.

2.7.2 If the goods are not in stock, we reserve the right to withdraw from the sales contract. In this case, we shall notify you immediately. You can then decide if you already want to make a purchase offer for the part of the order that can only be delivered at a later stage. The sales contract is concluded when we accept this new purchase offer in writing (e-mail is sufficient). The goods that will only be available for delivery at a later stage will then be sent to you as soon as possible by means of a separate shipment. If you do not receive shipping confirmation for the goods that can only be delivered at a later stage within fourteen days, you have the right to withdraw your purchase offer for the goods that can only be delivered later. In the case of partial deliveries, shipping costs or possible cash on delivery charges (Article 5) are incurred only once (payable at the first partial delivery).

2.7.3 Please note that we sell goods only in normal household quantities. This applies both to the quantity of the ordered goods in relation to an order as well as to placing several orders for the same goods where individual orders comprise normal household quantities.

2.8 We are not obliged to accept orders. This decision is at our discretion. If we do not accept your contractual offer, we shall notify you of this immediately in writing (e-mail is sufficient). This also applies in particular to orders from abroad or deliveries abroad.

2.9 You can view these General Terms and Conditions, which form an integral part of the sales contract, on our website, even after the contract has been concluded. The text of the sales contract is not saved by us and can no longer be retrieved after completion of the ordering process. You can, however, print the order data immediately after placing the order or view the order data in the order confirmation sent to you.

3. Essential contractual obligations, force majeure

3.1 After conclusion of the contract, we are obliged to send the ordered goods to the delivery address stated in the order as soon as possible. You are obliged to pay the price for the goods (article 4), the delivery charges, and charges for cash on delivery where applicable (article 5).

3.2 Our performance deadline shall be extended appropriately in the event that non-compliance with the performance deadline is due to force majeure, i.e. an unexpected event over which we have no influence and for which we are not responsible (e.g. official measures and orders (regardless of whether these are valid or invalid); fire, floods, storms, explosions or other natural disasters, operational disruptions, labour disputes, strikes and lockouts – and any shutdowns resulting from these). This shall also apply if an event of this kind occurs during a delay in delivery or at the premises of one of our sub-suppliers. In the event that it is not possible for us to provide our service by the specified deadline due to force majeure, we shall notify you immediately in writing (e-mail is sufficient). Both parties shall then have the right to withdraw from the contract, either in full or in part, in writing (e-mail is sufficient). The same shall also apply if it is subsequently impossible for us to fulfil the contract for a reason for which we are not responsible. Claims for damages due to a withdrawal of this kind shall not be accepted.

4. Due date of the purchase price, payment methods

4.1 The goods are dispatched only if payment is made in advance unless payment is made by cash on delivery or on account. If an order cannot be shipped, you will be credited for any advance payment immediately.

4.2 Due date of the purchase price

4.2.1 The following terms apply if you have paid in advance (payment by credit card, Sofort transfer, direct debit, PayPal, Amazon Pay or voucher code): When you pay in advance, the price of ordered goods and applicable shipping costs (Article 5) becomes due upon placement of the order. If you have agreed to partial deliveries in accordance with Articles 2.5.2 and 2.6.2 due to a temporary lack of availability of the desired goods, the price for the goods that are to be sent at a later stage will also be due upon placement of the order.

4.2.2 In the case of payment by cash on delivery, the price for the goods will be due only upon delivery of the goods.

4.2.3 In the case of a purchase made on account, for which payment must be made by means of a transfer to the bank account specified on the invoice, the due date indicated on the invoice applies.

4.3 You can pay for the goods either by credit card (American Express, Visa or Mastercard), by Sofort transfer, by direct debit, by PayPal, by Amazon Pay, by bank transfer (purchase on account), by cash on delivery or by voucher code. Purchase on account or cash on delivery is only possible within Germany. Sofort transfer is possible in Austria, Belgium, the Czech Republic, France, Germany, Italy, the Netherlands, Poland, Slovakia, Spain and Switzerland.

4.4 Rules for the individual payment methods

4.4.1 If the payment method “credit card” is selected, we transfer your payment details to the respective credit card company, which will charge the purchase total to your card.

4.4.2 If the payment method “Sofort transfer” is selected, the payment is processed via the payment service provider Sofort GmbH, Theresienhöhe 12, 80339 Munich, Germany. The data required for the transfer is collected by Sofort GmbH and transmitted to your bank. Transfer fees may be charged by your bank.

4.4.3 If the payment method “direct debit” is selected, you must grant us a SEPA mandate so that we can withdraw the purchase total from your bank account via direct debit.

4.5 If the payment method “PayPal” is selected, the payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, 2449 Luxembourg, under the PayPal terms of use, which can be viewed at www.paypal.com.

4.5.1 If the payment method “Amazon Pay” is selected, the payment is processed via the payment service provider Amazon Payments Europe s.c.a., 38 avenue J.F. Kennedy, 1855 Luxembourg. To use this method, you will need an Amazon account to which the purchase total is charged. The Amazon terms and conditions of use apply, available at www.amazon.de.

4.5.2 If the payment method “purchase on account” is selected, we shall transfer your details to the payment service provider Klarna Bank AB, ZChausseestrasse 117, 10115 Berlin, Germany. We transfer the purchase price claim to Klarna, and Klarna will issue you the invoice. The purchase on account method of payment does not apply to all offers and is, inter alia, subject to a successful credit check by Klarna Bank AB. If the customer is granted purchase on account following a credit check, the payment is processed in collaboration with Klarna Bank AB, to whom we assign our payment claim. In this case, the customer can only make payment to Klarna Bank AB with debt-discharging effect. Even when purchases are made on account via Klarna, we remain responsible for general customer enquiries (e.g. in relation to goods, delivery time, shipping), returns, complaints and cancellations. The General Terms and Conditions of Klarna Bank AB shall also apply.

4.5.3 If the payment method “cash on delivery” is selected, you will receive your package from the delivery service provider DHL Paket GmbH, Sträßchensweg 10, 53113 Bonn, Germany after payment of the owed amount (purchase total plus €3.00 cash on delivery charge).

5. Delivery, shipping costs, risk-bearing

5.1 The ordered goods will be sent as soon as possible to the delivery address (shipping address) you indicated with your order. Delays and additional costs due to difficulties associated with the delivery to the shipping address shall be borne by you. In the event of default by us for which we are responsible, Article 12 shall apply with respect to the limitation of liability.

5.2 Delivery is made by a delivery service qualified for this purpose. DHL currently provides this service. We reserve the right to change the delivery service for reasons of cost efficiency.

5.3 For deliveries within Germany, our delivery charge is €5.95 per order, irrespective of the order value. For partial deliveries, the shipping costs will only be charged once. If you would like to receive your goods sooner (express delivery – 24 hour service), a shipping surcharge of €10.00 per order applies (i.e. a delivery charge of €15.95 in total). When the order is placed on a working day, the express delivery will be made on the next working day. The order must be received no later than 1 pm to be delivered the next working day. If an order is placed on a Saturday or Sunday/holiday (including 24/12 and 31/12), express delivery will be made on the second working day after placement of the order.

5.4 If you have selected cash on delivery as the payment method, an additional COD charge of €3.00 applies. This is payable to the respective delivery service.

5.5 For deliveries in Austria, our delivery charge is €5.95 per order, irrespective of the order value. Express delivery (24 hour service) is possible in individual cases on request. In this case, we are entitled to apply a shipping surcharge of up to €150.00 per order. The exact express delivery costs to Austria are determined by the size and weight of the shipment and can be obtained upon request. Express delivery is made on the next working day if the order is placed on a working day. The order must be received no later than 1 pm to be delivered the next working day. If an order is placed on a Saturday or Sunday/holiday (including 24/12 and 31/12), express delivery will be made on the second working day after placement of the order.

5.5.1 For deliveries in Switzerland, our delivery charge is €9.95 per order, irrespective of the order value. Express delivery (24 hour service) is possible in individual cases on request. In this case, we are entitled to apply a shipping surcharge of up to €150.00 per order. The exact express delivery costs to Switzerland are determined by the size and weight of the shipment and can be obtained upon request. Express delivery is made on the next working day after placement of the order on a working day. The order must be received no later than 1 pm to be delivered the next working day. If an order is placed on a Saturday or Sunday/holiday (including 24/12 and 31/12), express delivery will be made on the second working day after placement of the order.

5.5.2 For deliveries outside Germany, Austria and Switzerland, we apply a charge of a minimum of €9.95 up to a maximum of €62.

5.6 Legal regulations apply in relation to the risk of loss, damage or theft of the goods (Section 447 of the German Civil Code).

6. Retention of title, compensation, rights of retention

6.1 If you are a consumer (Article 1.4), the following terms apply: We retain the title of the merchandise until all payments have been received in full. You are only entitled to compensation if and insofar as your counterclaims have been deemed legally valid or are undisputed or recognised by us; this shall not apply to claims on account of defective goods. You are only entitled to exercise a right of retention if your counterclaim is based on the same contractual relationship.

6.2 If you are a contractor acting in a commercial or independent professional capacity, a legal entity under public law or special fund under public law, the following terms apply: We reserve the ownership of the item purchased until all outstanding receivables resulting from the business relationship with the buyer have been settled. The respective rights of protection from risks are transferable to third parties. You are only entitled to compensation if your counterclaims have been deemed legally valid or are undisputed or recognised by us; this shall not apply to claims on account of defective goods. Furthermore, you are entitled to a right of retention only if and insofar as your counterclaim is based on the same contractual relationship. If you default on any payment obligations, all existing outstanding claims are immediately due.

7. Right of withdrawal

7.1 If you are a consumer (Article 1.4), you have a legal right of withdrawal. If you return the goods to us within the withdrawal period and without providing reasons, we shall understand this as you exercising your right of withdrawal.

7.2 We shall bear the costs incurred for returning the goods.

7.3 If, due to a withdrawal, you have a reimbursement claim against us to the value of the purchase price, please provide your bank details at the time of withdrawal or when returning the goods, as the purchase price has already been paid by you. For non-German bank accounts, please also include the BIC and IBAN numbers of the bank keeping the account. We shall transfer the respective amount to the named account within ten banking days (Munich location) after receipt of the returned goods and having received notification of the full bank details, taking into account any counterclaims in accordance with Article 6. The submission date of the bank transfer order by Hirmer is deemed to be in due time. In the event of default by us for which we are responsible, Article 12 shall apply with respect to the limitation of liability.

7.4 No right of withdrawal shall apply to contracts to supply goods which are not prefabricated and whose manufacture involves a significant individual choice or stipulation by the consumer, or which are clearly tailored to the consumer’s personal needs.

7.5. Cancellation policy and withdrawal form template

7.6 The following terms apply to a contract for goods which are supplied in a single delivery:

7.7 The following terms apply to a contract for goods which are ordered in a single order and delivered separately:

7.8 If you wish, you can use the following form to advise us that you are exercising your right of withdrawal, but use of this form is not mandatory:

8. Warranty and customer service

8.1 The current legal regulations apply to the warranty. Not included in the warranty are damages due to natural wear and tear, improper use and a lack of care or incorrect care.

8.2 In the event of a claim under the warranty, we are, in the first instance, entitled to send a replacement (supplementary performance) once. If the supplementary performance fails, you have full statutory warranty rights.

8.3 In the event of a claim under the warranty, please contact us (please see the contact details in Article 1.1).

9. Value added tax and currency

All prices are quoted in euros. Prices for deliveries within the EU include statutory VAT. Prices for deliveries to countries outside the EU are net prices and do not include statutory VAT.

10. Promotional vouchers

10.1 Promotional vouchers can only be redeemed in our online shop. They cannot be exchanged for the equivalent value in cash.

10.2 Every voucher has a defined validity period. After that, the voucher becomes invalid without replacement.

10.3 The following terms apply to the redemption of vouchers:

• Only one voucher may be redeemed per order. Vouchers cannot be combined with other benefits.

• The value of the ordered goods must be at least equivalent to the value of the voucher. If stated on the voucher, a higher minimum order value may apply.

• Vouchers must be redeemed before completing the order process. Retroactive redemption of vouchers is not possible.

• Once redeemed, the voucher is not valid for another use. Any leftover value cannot be used for another order.

10.4 Vouchers are transferable. The seller can honour the voucher vis-à-vis the respective holder who redeems the promotional voucher, with discharging effect. This does not apply if we have knowledge or negligent ignorance of the respective holder’s non-entitlement, legal incapacity or lack of representative authority.

10.5 We shall not replace vouchers which have been lost.

10.6 If you exercise your right of withdrawal, the discounted purchase price will be refunded. You are not entitled to a refund of the value of the voucher.

11. Gift vouchers

11.1 Gift vouchers can be redeemed in our online shop or in any of our branches.

11.2 Any leftover value can be redeemed on additional orders or purchases.

11.3 Gift vouchers are valid for three years from the end of the year in which the gift voucher was purchased. After that, the voucher becomes invalid without replacement.

11.4 A cash payment or retroactive redemption of the gift voucher on orders or purchases already made is not possible.

11.5 Vouchers are transferable. We can honour the voucher vis-à-vis the respective holder who redeems the voucher, with discharging effect. This does not apply if we have knowledge or negligent ignorance of the respective holder’s non-entitlement, legal incapacity or lack of representative authority.

11.6 We shall not replace vouchers which have been lost.

11.7 If you exercise your right of withdrawal, the discounted purchase price will be refunded. You are not entitled to a refund of the full or partial value of the voucher that was redeemed on the order.

12. Liability

12.1 We are liable without limit for damages arising from an intentional or grossly negligent breach of duty on our part or from an intentional or grossly negligent breach of duty on the part of one of our legal representatives or vicarious agents.

12.2 We are liable without limit for all damages arising from the culpable injury to a person's life, body or health, as well as on the basis of the German Product Liability Act.

12.3 Otherwise, we are only liable for slight negligence insofar as this is due to a breach of a cardinal obligation (material contractual obligation whose fulfilment is essential for the due and proper implementation of the contract and on which the other contracting party may rely); however, in such cases, our liability is limited to contractually typical damages foreseeable at the time the contract was concluded.

12.4 The aforementioned limitations of liability also apply for the benefit of our corporate bodies, our employees and our authorised representatives.

13. Applicable law, place of jurisdiction

13.1 The business relationship shall be governed by German law to the exclusion of UN sales law. If you are a natural person and you have entered into the contract for purposes that cannot be attributed to your professional or commercial activity, this does not mean that you lose the protection of the statutory provisions applicable in the country of your usual abode, from which there can be no derogation by means of contract.

13.2 The exclusive place of jurisdiction for all disputes arising from or in connection with the sales contract is Munich, Germany, if you are a business person, a legal entity under public law or special fund under public law or if you have no general place of jurisdiction in Germany or if, after concluding the contract, you move your place of residence or usual place of abode abroad or if your place of residence or usual place of abode is unknown at the time that the action is filed.

14. Notes for dispute resolutions for consumers:

We always seek to find agreement with our customers. Please use our service at service@hirmer-big-tall.com or the other contact options shown in Article 1.1. The European Commission provides an Online Dispute Resolution (ODR) platform with further information; this is available at http://ec.europa.eu/consumers/odr/(OS). We are not willing and not obligated to participate in a dispute settlement procedure with a consumer arbitration board.