Terms and Conditions (T&C)
Your contractual partner is Habermaass GmbH & Co. KG (HABA) as a member of the HABA FAMILYGROUP.
This company also operates the website.
HABA Sales GmbH & Co. KG, Bad Rodach, Germany, AG Coburg, HR A 5220
General partner: HABA Administration GmbH, Bad Rodach, AG Coburg, HR B 4746
Managing Director: Dr Mario Wilhelm
Contact details:
Email address: kundenservice@haba.de
Telephone: + 49 9564 929 6666 (Customer Service)
Postal address in Germany: August-Grosch-Straße 28-38, D-96476 Bad Rodach
Postal address in Austria: Businesscenter 271, 4000 Linz, Austria
Telephone: +43 732210 002 (Austria
VAT ID no. DE 815 831 282
WEEE reg. no.: DE 51463378
These General Terms and Conditions consist of the
General terms and conditions of sale and delivery for goods and products
including the terms of use for our website.
Please read these terms carefully before using the website and placing an order. By using the website and/or placing an order, you agree to be bound by these terms.
Please read our Privacy Policy, to understand how we collect and process your personal data.
General terms and conditions of sale and delivery for goods and products, including terms of use for our website.
Table of contents
Applicability, delivery area and customers
Customer account or guest access
Offer, order, order confirmation, contract conclusion
Voluntary, contractual right of return for consumers
Statutory consumer right of withdrawal and withdrawal information
Prices, payment terms and set-off
Transfer of risk and insurance
Warranty/liability for defects
Liability for other breach of duty and other liability
Copyright protection, industrial property protection, protection of ownership and trade secrets
Alternative dispute resolution for consumer customers
Applicable law, jurisdiction, contractual written form, electronic form
As of: 29.07.2025
Scope, delivery area and customers
Applicability, delivery area and customers
These terms and conditions apply to offers, orders, commissions, order confirmations and other contract conclusions on or after the publication date concerning the sale and delivery of goods and products of HABA Sales GmbH & Co. KG from own and third-party production to our customers with delivery and billing addresses in Austria.
Deviating, conflicting or supplementary terms and conditions only apply with our express consent; they are not included even if we did not object. Individual agreements take precedence.Verbraucher. Verbraucher ist jede natürliche Person, die ein Rechtsgeschäft zu Zwecken abschließt, die überwiegend weder ihrer gewerblichen noch ihrer selbständigen beruflichen Tätigkeit zugerechnet werden können. Unser Angebot richtet sich grundsätzlich nicht an Unternehmer und juristische Personen des öffentlichen Rechts. Diese sollen sich wegen Bestellungen an uns direkt per E-Mail oder telefonisch wenden.
Our offer is aimed at
Customer account or guest access
To place an order through our website, the customer can decide whether they want to register for an active customer account by clicking the \"button \"Sign in\" to perform a prior registration for an active customer account or - if they are already registered - to place the order by signing in to their customer account. Furthermore, the customer can also place orders without registering via a prior temporary guest access.
Order after registration or sign-in via customer account
When the customer has registered, they can place orders by simply signing in to the existing customer account. For registration, the customer's first and last name, their email address and a password are required. To complete the registration via the \"Register now\" button, the customer will receive a confirmation link for identification and authorization at the email address they provided. When the customer confirms their email address via the link, the registration is complete. The password may only be used by the customer. The customer must handle it carefully and confidentially and protect it from disclosure to third parties. If the customer has any indications that unauthorized third parties have gained knowledge of this data, they must notify us immediately so that the customer's access can be blocked. The customer agrees to be responsible for all activities carried out through their customer account. In the event of late payment, in addition to our right not to accept orders or to refuse deliveries, we are also entitled to block the customer account. If you would like to delete the customer account and your personal data, please notify us when requesting deletion. We will carry out the deletion without delay, taking data protection regulations into account.
Order via a temporary guest access
If the customer wants to order only via a guest access, they must click directly on the item to be ordered and add it to the shopping cart using the \"Shopping cart\" button and then click the \"Checkout\" button there. Then they can decide again whether to register or to order via guest access. In the case of guest access, the customer must click \"Yes, I would like to order as a guest.\" Then they must enter and confirm their email address. They will then receive an order confirmation. When ordering via guest access, delivery on account excluded. Acceptance of the order and delivery can only be made with other payment methods.
The customer must not use the website and their customer account unlawfully or in any other manner that does not correspond to its purpose. We are entitled to terminate or block the customer account extraordinarily and without notice if such unlawful use or another important reason exists or if this is ordered by a competent authority.
We endeavor, with due care, to ensure that our website is continuously available and that transmissions are error-free. However, due to the characteristics and infrastructure of the internet, this cannot be guaranteed. Access may occasionally be interrupted or restricted to allow repairs, maintenance or the introduction of new facilities. We try to limit this.
Offer, Order, Order confirmation, Contract conclusion
The presentation of goods is a non-binding invitation to order goods from us. Your order is a binding offer, for which you will promptly receive an electronic acknowledgment of receipt.
However, the order is only accepted by our order confirmation electronically transmitted to you. This is when the contract (purchase contract) is concluded. It is a distance contract. The order confirmation reproduces the content of the contract. We have already provided the statutory information in fulfillment of our information obligations on the website prior to conclusion of the contract.
Only if the customer is a consumer do we grant a voluntary contractual right of return of 4 weeks from receipt of the goods, which goes beyond the statutory right of withdrawal, warranty or liability.
Only if the customer is a consumer do they have the statutory consumer right of withdrawal.
Our illustrations show the goods as they currently are. Errors excepted. Decorative items shown are not part of the goods. For set orders, the composition may vary insignificantly and slightly. Certificates and test labels reflect the status on the website.
Supplementary consumer information pursuant to § 312i para. 1 no. 2 BGB in conjunction with Article 246c no. 1 EGBGB on the individual technical steps that lead to the conclusion of the contract and in conjunction with Article 246c no. 2
The customer places an order in our shop by
a. either placing the desired items in the 'shopping cart' and clicking 'Checkout' to begin the order. The shopping cart is a list of all goods that the customer has selected for the purpose of ordering by clicking; quantities can be changed or items removed from the shopping cart.
b. The customer provides their e-mail address to register or, if already registered, to log in. This can be done either by
Registering as a new customer by entering the e-mail address
or by logging in with the e-mail address and password into the customer account.
c. The customer then enters their delivery and payment details.
d. In the next step the customer checks the accuracy of the information ('final check') and confirms it.
e. If the customer is a consumer, they will then have the opportunity to read these General Terms and Conditions and to print or save them. If the customer has acknowledged these General Terms and Conditions and agreed to their inclusion in the contractual relationship, the ordering process can be continued.
f. Finally, the customer clicks the 'Buy' button.
g. The customer will promptly receive an electronic acknowledgment of receipt at the e-mail address.
h. The order is only accepted by our electronically transmitted order confirmation accepted. This concludes the contract (purchase contract).
The text of the order and of the contract, including personal data, will be stored by us and made available to the customer upon request.
Voluntary contractual right of return for consumers of 4 weeks from receipt of the goods
In addition to the statutory right of withdrawal, we grant a voluntary contractual right of return beyond warranty and liability. The statutory right of withdrawal and the warranty and liability are not limited by this.
You can return the goods to HABA within 4 weeks of receipt, provided the goods are complete and in the same condition as on receipt and none of the exceptions to the statutory right of withdrawal apply. For these exceptions, we refer to the following provisions on the statutory right of withdrawal.
Reduced items or promotional items explicitly indicated in the promotion are excluded from the contractual right of return. We also point out that, by law, the right of return is excluded in cases of abusive use.
In these exceptional cases the goods cannot be returned.
Return shipment
We will cover the postage for the return shipment. The return is easiest with the original packaging (transport packaging and product packaging). Please use our return label.
Of course we are interested in why you are returning the items. Therefore, you can tell us your reasons on the return form.
You can find an Austrian Post parcel drop-off point near you at https://www.post.at.
Statutory right of withdrawal for up to 14 days and cancellation policy only for consumers
Right of withdrawal and withdrawal instruction
The consumer has the statutory right of withdrawal. The withdrawal is made by a declaration to us. The declaration must clearly indicate the consumer's decision to withdraw from the contract. The withdrawal does not have to state a reason. Timely dispatch of the withdrawal is sufficient to meet the deadline. The withdrawal period is 14 days and begins as soon as the consumer or a third party named by him who is not the carrier has received the goods. If the consumer ordered several goods as part of a single order and the goods are delivered separately, the withdrawal period begins on receipt of the last good. If it is delivered in several partial shipments or pieces, the withdrawal period begins on receipt of the last partial shipment or the last piece.
Sample withdrawal form that does not have to be used.
If the consumer wants to withdraw from the contract, they have the option to fill in the sample withdrawal form available here in text form and send it to HABA Sales GmbH & Co. KG, August-Grosch-Straße 28-38, 96476 Bad Rodach, e-mail address kundenservice@haba.de , fax +49 9564 929 662300 to return. If the consumer uses this option, we will confirm receipt of the withdrawal to them immediately on a durable medium, e.g. by e-mail. The consumer may also send the withdrawal declaration to our address without using this form or this means. If the withdrawal is communicated on paper, the withdrawal must be signed. For questions, please contact +49 9564 929 6666.
Consequences of withdrawal
In the event of withdrawal, the services received (payments and goods) must be returned no later than 14 days from the withdrawal. The deadline is met if the consumer sends the goods before the expiry of the 14-day period. In case of withdrawal we bear the risk of returning the goods. We agree to bear the costs of returning the goods.
All payments, including for delivery, will be refunded without charging fees; payments for delivery will not be refunded insofar as the consumer has incurred additional costs because they chose a type of delivery other than the cheapest standard delivery offered by us.
For the refund we will use the same means of payment that the consumer used for the payment, unless expressly agreed otherwise and the consumer does not incur any costs as a result. We may withhold the refund until we have received the goods back or the consumer has provided proof that they have sent the goods. This does not apply if we have offered to collect the goods. The consumer must pay compensation for loss of value of the goods if the loss of value is due to handling of the goods which was not necessary to check their condition, characteristics, and functioning.
No right of withdrawal
The right of withdrawal does not apply to contracts
for the supply of goods that are not prefabricated and for whose production an individual selection or specification by the consumer is decisive or which are clearly tailored to the consumer's personal needs,
for the supply of goods which may quickly perish or whose expiry date would be rapidly exceeded,
for the supply of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery;
for the supply of goods if, after delivery, they have been irreversibly mixed with other goods due to their nature;
for the supply of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery.
END OF THE STATUTORY RIGHT OF WITHDRAWAL AND THE WITHDRAWAL INSTRUCTIONS
Returns
The easiest way to return is with the original packaging (transport packaging and product packaging). Please use our return label.
You can find an Austrian Post parcel drop-off point near you at https://www.post.at.
Prices, payment terms and set-off
Prices are non-binding. The applicable VAT is added. Subject to pricing errors. The prices stated in the order confirmation apply. Shipping costs and duties payable by the customer are not included in the prices. Price reductions do not apply to goods subject to the fixed book price regulation.
. When redirecting to the PayPal website the PayPal terms and conditions apply. When returning items that were paid for with PayPal or PayPal Express, an automatic credit will be issued to your PayPal account.
We deliver against advance payment, unless - after a credit check and within the scope of a credit limit granted by us - delivery on account or advance payment/deposit against the respective invoice has been agreed. Payment by direct debit, credit card, PayPal or PayPal Express requires our separate confirmation.
Payment by credit card
We currently accept MasterCard and Visa. The charge to the credit card account for the full order amount is made after receipt of the order.
After submitting the order, credit card data must be entered directly with our partner company Computop Paygate GmbH, Bamberg, the market-leading payment service provider for secure credit card processing. For security reasons the data are not stored in our system, therefore a credit card number must be provided anew for each order.
For security we use SSL encryption and security software. With this method data such as name, address, credit card number etc. are encrypted and securely transmitted over the Internet. Only the authorized Computop server can decrypt this data.
When paying with Visa or MasterCard, please note that an additional strong customer two-factor authentication is required: via the 3D-Secure procedure 'Verified by VISA' or 'Mastercard Identity Check'. Depending on the credit institution, a personal authentication code is requested to confirm the legitimacy of the payment. This code must be requested from your bank or may already be available. Both already registered and not yet registered customers are automatically redirected to the bank's page via the payment process. The transmission takes place securely and exclusively with the bank – we have no access to this data!
When returning items that were paid for by credit card, an automatic credit is issued to the credit card account.
Payment via PayPal or PayPal Express:
The entire order amount is debited when the order is handed over to our shipping department.
PayPal is an online payment service with which payments can be made securely, easily and quickly - and free of charge. If PayPal is chosen, you will be redirected directly to the PayPal website. Here you can log in with your PayPal credentials or set up a new account.
PayPal Express allows convenient payment directly from the product page or from the shopping cart. During the ordering process there is a redirect to the PayPal website. Order information such as credit card or address data is provided directly by PayPal and does not have to be entered again. To pay the invoice amount via PayPal Express, you must be registered there. After placing the order in the shop we request PayPal to initiate the payment transaction. Registration and further information at www.paypal.com
Invoicing, reminder fees, partial deliveries, installment payments
Our invoices, which like reminders can also be delivered electronically, are generally payable within 30 days of invoicing without deduction.
For a reminder we may charge a flat-rate compensation of up to 10,00 €. The customer may prove that no or a lesser damage has occurred.
We may invoice partial deliveries at the agreed pro rata price.
Set-off and retention rights are only available to the customer if his counterclaim is legally established, undisputed or has been acknowledged by us.
Auxiliary persons used by us for delivery are not authorized to receive payment.
Delivery terms
There is no minimum order value. Shipments will be combined where possible. Subject to availability, we may also make partial deliveries. No additional shipping costs will be charged for this. Goods shipped by freight carrier and parcel service are delivered separately. Delivery days are working days excluding Saturday.
The delivery period begins on the day after payment and for delivery on account on the day after conclusion of the contract.
If delivery periods are agreed, we are not in default as long as performance is prevented due to a circumstance for which we are not responsible. Circumstances may in particular include strikes, official measures, and force majeure. The delivery periods are extended by the duration of the delay. The same applies if the customer fails to fulfill any cooperation obligations. We must inform the customer of these circumstances without delay and communicate the expected or new delivery period.
If a delayed delivery cannot take place due to unavailability of the service even within the newly announced delivery period, we are entitled to withdraw from the contract in whole or in part. We will inform the customer of the unavailability without delay. Any payment already made by the buyer will be refunded without delay.
If we fail to meet an agreed delivery period, the customer must set a reasonable additional period for us, which as a rule must not be less than two weeks. Only then can the customer assert claims for expenses or damages or other rights.
If the goods are not available from our suppliers for the foreseeable future, we are entitled to withdraw from the contract. We will inform the customer of the unavailability without delay. In the event of a withdrawal, we will promptly refund the payments the customer has made to us.
Shipping and shipping costs
We only deliver to the agreed delivery address in Germany. We charge a flat shipping fee of € 4,95 for each order, while shipping is free for orders with a value of € 49,00 or more, provided that no separate shipping costs are specified in the webshop, e.g. on the product page or product detail page, before the order.
Subsequent deliveries for which we are responsible are delivered free of charge.
Transport is carried out by logistics service providers.
The customer, insofar as he is a consumer, is generally not required to pay import duties or customs charges in addition, unless he has been clearly and understandably informed about this in our webshop, e.g. on the product page or product detail page, before placing his order.
Transfer of risk and insurance
The goods are handed over at the agreed place of delivery as the place of performance or, in the case of delivery ex works, upon collection. Upon handover, the risk of accidental loss and accidental deterioration passes to the buyer. The buyer must insure against this at his own expense. The handover is considered to have occurred if the buyer is in default of acceptance.
Warranty/Defect Liability
Except for the following provisions, the statutory liability for material defects shall generally apply.
Claims for material defects expire after two years, and in the case of used goods after one year from delivery of the goods.
The customer may demand subsequent performance within a reasonable period. The period is in any event reasonable if it is not less than two weeks. We have the choice whether to effect subsequent performance by remedying the defect or by delivering a defect-free item. However, if the defect was fraudulently concealed or a guarantee exists, the customer has this choice.
Subsequent performance is only deemed to have failed after the second unsuccessful attempt. A right to reduce the price or to withdraw from the contract only exists after subsequent performance has failed.
A right to damages, reimbursement of wasted expenses and to rescission exists only if the defect was fraudulently concealed, a guarantee or liability for damages resulting from injury to life, body or health exists, or in other cases the liability is based on gross negligence, i.e. on a grossly negligent or intentional breach of duty. Damages for slight negligence or damages for financial losses and lost profits are in any case excluded.
The customer must inspect the goods immediately after delivery and, if an obvious defect or damage is found, report it without delay. If damage to the packaging is noticed (suspected transport damage), the customer must have the carrier certify the damage when accepting the goods. Without this certificate, carriers usually do not pay compensation.
If a non-obvious, concealed defect only becomes apparent later, the notification must be made without delay and, for a consumer customer, within a reasonable period after discovery. If the notification is omitted, the goods are deemed to be approved.
Timely dispatch of this notification is sufficient. We consider a notification to be without delay if it is sent within five working days from the date the defect becomes detectable. Please include a copy of the delivery documents and photographic material showing the defect. Late defect notifications cannot be considered.
If the complaint was unfounded and the item was free of defects, HABA is entitled to charge the customer a handling fee of €40, in particular for shipping and inspection costs. The customer may provide evidence of a lower loss. In this case, the customer must pay the return and shipping costs.
Liability for other breaches of duty and other liability
A right to compensation for other breaches of duty that do not consist of a defect or a warranty exists only if there is liability for damages resulting from injury to life, body or health, or if, with respect to other damages, the breach of duty is based on gross fault, i.e., on gross negligence or intent.
Compensation for damages and reimbursement of wasted expenses in cases of slight negligence, insofar as this does not infringe essential rights of the customer, as well as compensation for pecuniary loss and lost profit, are excluded, unless this would result in an unreasonable disadvantage or be based on gross negligence.
Exclusions or limitations of liability do not apply to our obligation to provide compensation as a manufacturer under the Product Liability Act, or where liability cannot be excluded or limited under mandatory law.
Retention of title
We reserve ownership of the delivered goods until full payment of all the customer's liabilities arising from the delivery contract and as an extended retention of title from the business relationship.
The customer is obliged, as long as ownership has not yet passed to him, to handle the goods with care, in particular also insofar as they are located in an interim storage. l In particular, the customer is obliged, from the transfer of risk, at his own expense to adequately insure the goods against theft, fire and water damage at their replacement value and to prove this on request by presenting the insurance policies showing the respective storage location.
The customer is entitled to resell the reserved goods. The extended retention of title applies. The customer already now assigns to us the claims against the buyer/end customer arising from the resale of the reserved goods up to the amount of the agreed invoice final amount (including any value added tax).
Copyright protection, industrial property protection, property and trade secret protection
Trademarks, other proprietary rights and content, representations and, insofar as we provide the customer with representations during planning, design and implementation, such as drawings, plans, maps, sketches, tables and three-dimensional representations, data and other information, are subject to protection under property and copyright laws and the Trade Secrets Act. These may only be used for project-related purposes and/or when required by authorities and must not be disclosed to competitors or other third parties. By accessing and using them, the customer acknowledges this.
The entire content of our website, such as text, graphics, logos, images, audio clips, digital downloads and data compilations, is the property of HABA or of third parties who supply or provide content on the website, and is protected by German and international copyright and database law.
Without our express written consent, the customer may not systematically extract or reuse parts of our website, use tags, employ framing or frame techniques, perform text and data mining, use data collection and extraction programs, or create or publish their own database that makes substantial use of our services.
The trademarks, logos, graphics and other industrial property rights used on the website belong to us as owner, licensee or otherwise entitled party. They must not be used in a manner that violates unfair competition law, for example in connection with a product or service that does not belong to HABA, particularly if such use causes imitation or a likelihood of confusion.
Alternative dispute resolution for consumer customers
We strive to resolve any disagreements arising from our contract with the customer amicably. If we cannot reach an agreement, we are willing, in disputes involving an amount of more than 500 euros, to participate in an arbitration procedure before the following recognized consumer arbitration board, free of charge to the customer:
Universalschlichtungsstelle des Bundes Zentrum für Schlichtung e.V. Straßburger Street 8 77694 Kehl am Rhein Tel: 07851 / 795 79 40 Fax: 07851 / 795 79 41 E-mail: mail@universalschlichtungsstelle.de www.universalschlichtungsstelle.de
Privacy information
We collect and process, insofar as necessary for business purposes and permissible within the scope of the DGSVO and the BDSG, personal data for order processing, customer care and advertising. For this purpose we also transmit your data to third parties, e.g. carriers. For the purpose of credit checks we can compare the data required for address and credit checks with the data stored by our service provider - currently CRIF Bürgel GmbH, Kaiserstraße 217, 76133 Karlsruhe - provided that we have credibly demonstrated our legitimate interest. The data stored there also include findings from mathematical-statistical procedures. In addition, we enable carefully selected shipping companies, brand manufacturers and publishers to send you information and offers within the scope of advertising. In the technical implementation of data processing we partly use external service providers. If you no longer wish to receive information and offers in the future, you can object to the use of your data by us or third parties for advertising purposes at any time by informal notice (by post HABA, Customer Management, 96475 Bad Rodach; or to our postal address in Austria Wehrfritz, Customer Management, Businesscenter 271, 4000 Allhaming/Austria; by e-mail: kundenservice@haba.de.)
You can find the privacy policy here. Or as PDF download
Applicable law, jurisdiction, written form for legal transactions, electronic form
German law shall apply to the General Terms and Conditions (GTC) and the delivery relationship, subject to mandatory rules of private international law and excluding international uniform law, in particular the UN Convention on Contracts for the International Sale of Goods (CISG).
The exclusive place of jurisdiction is Coburg. This does not apply if the customer is a consumer.
Declarations, including withdrawal or termination, shall be made in the contractually agreed written form or by a qualified or simple electronic signature or in text form without a handwritten signature. Text form does not apply to the conclusion of framework agreements. Documents may be delivered by telecommunication transmission via e-mail or other electronic data exchange. Statutory law shall apply to the legal consequences of invalidity and non-incorporation of the Terms and Conditions.
Here you can download the Terms and Conditions as a PDF document.
For this, the free Adobe Reader is required, which can be downloaded here.