These terms and conditions apply to offers, orders, contracts, order confirmations and other contract conclusions on or after the publication date regarding the sale and delivery of goods and products of Habermaass GmbH & Co. KG from our own and third-party manufacture to our customers with delivery and billing address in Germany.

Deviating, conflicting or supplementary terms and conditions apply only with our express consent; they are not incorporated even if we have not objected. Individual agreements take precedence.

Our offer is aimed at consumers. A consumer is any natural person who concludes a legal transaction for purposes that are predominantly not attributable to their commercial or independent professional activity. Our offer is generally not directed at entrepreneurs and legal persons under public law. These should contact us directly by email or telephone for orders.

We do not offer goods for purchase by minors. Our products for children can only be purchased by adults. If the customer is under 18, they may use the website only with the involvement of a parent or legal guardian.

Customer account or guest access

To place an order through our website, the customer can choose whether to perform a prior registration for an existing customer account by clicking the 'Sign in' button or — if they are already registered — to place the order by logging into their customer account. Furthermore, the customer can also place orders without registration using a prior temporary guest access.

Order after registration or logging in to the customer account

If the customer has registered, they can place orders by simply logging in to their existing customer account. Registration requires the customer's first and last name, their e-mail address and a password. To complete the registration via the 'Register now' button, the customer receives a confirmation link for identification and authorization at the e-mail address provided. When the customer confirms their e-mail address via the link, registration is complete. The password may only be used by the customer. The customer must treat it carefully and confidentially and protect it from disclosure to third parties. If the customer has reason to believe that unauthorized third parties have gained knowledge of these data, they must inform 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 payment default, in addition to our right not to accept orders or to withhold 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 promptly in accordance with data protection regulations.

Order via a temporary guest access

If the customer only wants to order via a guest access, they must click the item they wish to order directly and add it to the shopping cart using the '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.' They must then enter and confirm their e-mail address. They will then receive an order confirmation. When ordering via guest access, payment by invoice is excluded. Acceptance of the order and delivery can only be made using 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 unauthorized use or any other important reason exists or if this is ordered by a competent authority.

We make every effort to ensure with due care 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 enable repairs, maintenance or the introduction of new features. We try to limit this.

Offer, Order, Order confirmation, Contract conclusion

The product presentation is a non-binding invitation to order goods from us. Your order is a binding offer, for which you will immediately receive an electronic acknowledgement of receipt.

However, the order will only be accepted once our order confirmation, sent to you electronically, has been transmitted. This concludes the contract (purchase contract). This is a distance selling contract. The order confirmation reproduces the contract content. We have already made the statutory information available on the website prior to the conclusion of the contract in fulfilment of our information obligations.

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. Subject to errors. Depicted decorative material is not part of the goods. For set orders, the composition may vary slightly. Certificates and test labels correspond to the information on the website.

Additional consumer information pursuant to § 312i para. 1 no. 2 BGB in conjunction with Article 246c no. 1 EGBGB about 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 the desired items are placed in the "shopping cart" and the "Checkout" button is clicked to begin the order. The shopping cart is a listing of all goods that the customer has selected by clicking for the purpose of ordering; quantities can be changed or items can be removed from the cart.

b. The customer provides their e-mail address to register or, if they are 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 to 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 are then given the opportunity to review 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. At the end the customer clicks the "Buy" button.

g. The customer immediately receives an electronic acknowledgement of receipt at the e-mail address.

h. The order will only beorder confirmationaccepted. This concludes the contract (purchase contract).

The text of the order and of the contract, including personal data, will be stored by us and will be made accessible 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, and beyond warranty and liability, we grant a voluntary contractual right of return. The statutory right of withdrawal and warranty and liability are not restricted 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 when received and no exceptions that exclude the statutory right of withdrawal apply. For these exceptions, we refer to the following provision on the statutory right of withdrawal.

Reduced goods or promotional items, if indicated as such 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 misuse.

In these exceptional cases the goods cannot be returned.

Return shipment

We cover the postage for the return shipment. The easiest way to return is 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 indicate your reasons on the return form.

You can find a DHL parcel drop-off location near you at https://www.dhl.de/de/privatkunden/pakete-versenden/pakete-abgeben.html.

Statutory right of withdrawal up to 14 days and cancellation instructions only for consumers

Right of withdrawal and withdrawal declaration

The consumer has the statutory right of withdrawal. The withdrawal is effected by a declaration to us. The declaration must clearly express the consumer's decision to withdraw from the contract. The withdrawal does not have to state a reason. To meet the deadline, it is sufficient to send the withdrawal in time. The withdrawal period is 14 days and begins once 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 upon receipt of the last good. If the goods are delivered in several partial deliveries or pieces, the withdrawal period begins upon receipt of the last partial delivery or the last piece.

Sample withdrawal form that does not have to be used.

If the consumer wishes to withdraw from the contract, he has the option tosample withdrawal form available here to fill out in text form and return to Habermaass 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 makes use of this option, we will promptly confirm receipt of the withdrawal 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, it must be signed. For questions contact +49 9564 929 6666.

Consequences of withdrawal

In the event of withdrawal, the services received (payments and goods) must be refunded no later than 14 days from the withdrawal. The period is met if the consumer sends the goods before the expiry of the 14-day period. In the event of withdrawal we bear the risk of return of the goods. We agree to bear the costs of returning the goods.

All payments, including those for delivery, will be refunded without charges; delivery costs will not be refunded to the extent that the consumer has incurred additional costs because he chose a type of delivery other than the least expensive standard delivery offered by us.

For the refund we will use the same payment method that the consumer used for the payment, unless expressly agreed otherwise and the consumer does not incur any costs as a result. We may refuse the refund until we have received the goods back or the consumer has provided proof that he has sent the goods. This does not apply if we have offered to collect the goods. The consumer is obliged to pay compensation for any diminution in value of the goods if the diminution in value is due to handling of the goods that was not necessary to establish the nature, characteristics and functioning of the goods.

Exclusion of the right of withdrawal

The right of withdrawal does not apply to contracts

for the supply of goods that are not prefabricated and for whose manufacture an individual selection or specification by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,
for the supply of goods which may perish rapidly or whose expiry date would soon be 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 which, after delivery, have been inseparably mixed with other items because of 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

Return shipment

The return is easiest with the original packaging (transport packaging and product packaging). Please use our return label.

You can find a DHL parcel drop-off point near you at https://www.dhl.de/de/privatkunden/pakete-versenden/pakete-abgeben.html.

Prices, payment terms and set-off

Prices are non-binding. The applicable VAT will be added. Errors excepted. 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 fixed book pricing.

We supply against prepayment, unless - after credit check and within a credit limit granted by us - delivery on account or advance payment/deposit on 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 will be made after receipt of the order.

After submitting the order, the credit card data must be entered directly with our partner Computop Paygate GmbH, Bamberg, the market-leading payment service provider for secure credit card transactions. For security reasons the data are not stored in our system, therefore a credit card number must be entered anew for each order.

For security we use SSL encryption and security software. With this procedure data such as name, address, credit card number, etc. are encrypted and transmitted securely over the Internet. Only the authorized Computop server can decrypt these data.

When paying with Visa or MasterCard please note that an additional strong customer two-factor authentication is required: using the 3D-Secure procedure 'Verified by VISA' or the 'Mastercard Identity Check'. Depending on the card issuer a personal authentication code is requested to confirm the legitimacy of the payment. This code must be obtained from your bank or may already be available. Both customers already registered and not yet registered are automatically redirected to the bank's site via the payment process. The transmission is secured and takes place exclusively with the bank – we have no access to this data!

When returning items that were paid for by credit card a credit will be issued automatically to the credit card account.

Payment by PayPal or PayPal Express:

The full order amount will be debited when the order is handed over to our shipping department.

PayPal is an online payment service that allows secure, easy and fast payments - and is free of charge. If PayPal is selected you will be redirected directly to PayPal's site. Here you can log in with your PayPal credentials or set up a new account.

PayPal Express enables convenient payment directly from the product page or from the shopping cart. In the ordering process you will be redirected to the PayPal website. Order information such as credit card or address data is provided directly by PayPal and does not need 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. When redirected to PayPal's website, PayPal's terms and conditions apply. When returning items that were paid for with PayPal or PayPal Express a credit will be issued automatically to your PayPal account.

Invoicing, dunning fees, partial deliveries, advance payments

Our invoices, which like reminder notices can be sent electronically, are generally payable within 30 days of invoicing without deduction.

For a reminder notice we may charge a flat compensation for damages of up to €10.00. The customer may prove that no or only 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 has been legally established, is undisputed or has been acknowledged by us.

Auxiliary persons engaged by us for delivery are not authorized to accept payments.

Terms of delivery

There is no minimum order value. Deliveries will be shipped together where possible. Subject to availability, we may also make partial deliveries. No additional shipping costs will apply. Goods shipped by freight carrier and parcel service will be delivered separately. Delivery days are working days (excluding Saturday).

The delivery period begins on the day after payment and in the case of delivery on account, on the day after conclusion of the contract.

If delivery periods have been agreed, we are not in default as long as performance is prevented due to a circumstance for which we are not responsible. Such circumstances may in particular include strikes, official measures and force majeure. The delivery periods are extended for the duration of the delay. The same applies if the customer fails to fulfil 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 be made due to the 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 must inform the customer promptly about the unavailability. Any payment already made by the buyer must be refunded without delay.

If we fail to meet an agreed delivery period, the customer must set us a reasonable grace period, which as a rule must not be less than two weeks. Only then can the customer claim reimbursement of expenses or damages or assert other rights.

If the goods are not available from our suppliers for the foreseeable future, we are entitled to withdraw from the contract. We must inform the customer immediately of the unavailability. In the event of a withdrawal, we must promptly refund to the customer any payments made to us.

Shipping and delivery costs

We only deliver to the agreed delivery address in Germany. We charge a flat shipping fee of € 5,95 for each order, with shipping free from an order value of € 49,00, provided that no separate shipping charges are indicated in the webshop, e.g. on the product page or product detail page before placing the order.

Subsequent deliveries for which we are responsible will be delivered free of charge.

Transport is carried out by logistics service providers.

The customer, insofar as they are a consumer, is generally not required to pay any additional import duties or import charges, unless they have been clearly and understandably informed of them in our webshop, e.g. on the product page or product detail page, before placing their 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. With the handover, the risk of accidental loss and accidental deterioration passes to the buyer. The buyer must insure himself against this at his own expense. The handover shall be deemed to have occurred if the buyer is in default of acceptance.

Warranty/Defects Liability

Except for the following provisions, the statutory liability for defects generally applies.

Claims for defects expire after two years, for 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 case reasonable if it is not less than two weeks. We have the choice whether to effect subsequent performance by rectifying the defect or by delivering a defect-free item. However, if the defect was fraudulently concealed or a warranty exists, the customer has this choice.

Subsequent performance is only deemed to have failed after an unsuccessful second attempt. A right to reduction of the purchase price or to withdraw from the contract only exists after subsequent performance has failed.

A right to damages, reimbursement of futile expenses and to rescission exists only if the defect was fraudulently concealed, a warranty or liability for damages resulting from injury to life, body or health exists, or for other damages 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, notify us immediately. If damage to the packaging is detected (suspected transport damage), the customer must have the damage certified by the carrier upon acceptance of the goods. Without this certificate, carriers regularly do not pay compensation.

If a defect not readily apparent, a concealed defect, only becomes apparent later, the notification must be made immediately and, in the case of a consumer-customer, within a reasonable period after discovery. If the notification is omitted, the goods are deemed approved.

Timely dispatch of this notification is sufficient. We consider the notification to be immediate if it is sent within five working days from the point the defect becomes recognizable. Please attach a copy of the delivery documents and photographic evidence of the defect. Late defect notifications cannot be considered.

If the complaint was unjustified and the item was free of defects and faults, HABA is entitled to charge the customer, in particular for shipping and inspection costs, a handling fee of € 40,-. The customer reserves the right to prove a lesser damage. In this case, the customer must pay the return and shipping costs.

Liability for other breaches of duty and other liability

A right to damages for other breaches of duty that do not consist in a defect or a warranty exists only if liability for damages resulting from injury to life, body or health is present, or if the breach of duty with respect to other damages is based on gross fault, i.e. gross negligence or intent.

Liability for damages and reimbursement of wasted expenses in the case of slight negligence is excluded insofar as this does not affect essential rights of the customer; liability for damages for financial losses and lost profits is also excluded, unless this would result in an unreasonable disadvantage or is based on gross negligence.

Exclusions or limitations of liability do not apply to our liability as a manufacturer under the Product Liability Act, or where liability cannot be excluded or limited under mandatory law.

Retention of title

We retain ownership of the delivered goods until full payment of all the customer's liabilities under the supply contract and as an extended reservation of title arising 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 stored in an intermediate warehouse. In particular, the customer is obliged, from the point of transfer of risk, to insure the goods at his own expense against theft, fire and water damage sufficiently at 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 reservation of title applies. The customer hereby already assigns to us the customer's claims against the purchaser/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, ownership and trade secret protection

Trademarks, other proprietary rights and contents, representations and, insofar as we provide the customer with representations in planning, design and installation, such as drawings, plans, maps, sketches, tables and three-dimensional representations, data and other information, are protected by property and copyright laws and by the Trade Secrets Act. These may only be used for project-related purposes and/or when required by authorities and may not be disclosed to competitors or other third parties. By accessing and using them, the customer acknowledges this.

All content of our website, such as text, graphics, logos, images, audio clips, digital downloads and data collections, is the property of HABA or of third parties who supply content or make it available on the website, and is protected by German and international copyright and database law.

The customer may not, without our express written consent, systematically extract or reuse parts of our website, use tags, use frames or framing techniques, perform text and data mining, deploy data collection and extraction programs, or create or publish their own database that makes significant use of our services.

The trademarks, logos, graphics and other industrial property rights used on the website belong to us as owners, licensees or otherwise entitled parties. They may 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, and in particular not if such use causes imitation or a risk of confusion.

Alternative dispute resolution for consumers

We endeavour to amicably resolve any disagreements arising from our contract with the customer. If we are unable to reach an agreement, we are willing, in disputes involving an amount of more than 500 euros, to participate in a conciliation procedure free of charge to the customer before the following recognised consumer arbitration body:

Universal Arbitration Board of the Federal Government - Centre for Arbitration e.V. Straßburger Straße 8 77694 Kehl am Rhein Phone: 07851 / 795 79 40 Fax: 07851 / 795 79 41 Email: mail@universalschlichtungsstelle.de www.universalschlichtungsstelle.de

Privacy information

We collect and process, insofar as necessary for business purposes and permitted under the GDPR and the Federal Data Protection Act (BDSG), personal data for order processing, customer care and marketing. For this purpose we also transfer your data to third parties, e.g. delivery companies. For the purpose of credit checks, we may 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 insights from mathematical-statistical procedures. In addition, we enable carefully selected shipping companies, brand manufacturers and publishers to send you information and offers as part of advertising. In carrying out the data processing technically, we partially use external service providers. If you no longer wish to receive information and offers in the future, you can object at any time to the use of your data by us or third parties for advertising purposes by means of an informal communication (by mail to HABA, Customer Management, 96475 Bad Rodach; by e-mail: kundenservice@haba.de.)

You can find the privacy policy here. Or as PDF download

Applicable law, place of jurisdiction, written form for legal transactions, electronic form

German law shall apply to the Terms and Conditions 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.

The exclusive place of jurisdiction is Coburg. This does not apply if the customer is a consumer.

For declarations, including withdrawal or termination, the form agreed here for legal transactions shall apply — written form, a qualified or a simple electronic signature, or text form without a handwritten signature. The text form does not apply to the conclusion of framework agreements. Documents may be delivered by telecommunications transmission, such as e-mail or other electronic data interchange. The law shall apply to the legal consequences in the event of invalidity and non-inclusion of the Terms and Conditions.

Here you can download the Terms and Conditions as a PDF document.

Download terms and conditions as PDF

For this, the free Adobe Reader is required, which can be downloaded here.