General Terms and Conditions
1. Scope, contracting party, definitions
The following General Terms and Conditions (“Terms”) in the version valid at the time of the order apply to all orders placed through our online shop.
Your contracting party is EASTSIDE IMPEX Handelsgesellschaft mbH, Prenzlauer Promenade 190, 13189 Berlin, Germany, registered in the commercial register of the Local Court of Berlin-Charlottenburg under HRB 115020 B, represented by its managing director Denis Sauermann. “Heimgart” is a brand of EASTSIDE IMPEX Handelsgesellschaft mbH.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. A business customer (“Unternehmer”) is a natural or legal person or a partnership with legal capacity that acts in the exercise of its trade, business or profession when concluding the contract.
We do not accept deviating terms of the customer unless we have expressly agreed to them in writing.
The languages available for concluding the contract are German and English.
2. Conclusion of the contract
The presentation of products in our online shop does not constitute a legally binding offer but a non-binding invitation to you to order goods.
The ordering process consists of the following steps:
- Select products. You place the desired products in the shopping cart using the “Add to cart” button.
- Review the cart. Via the cart icon you can change your selection, adjust quantities or remove items at any time until you submit the order. You can also redeem a voucher code in this step. Vouchers are valid for the stated promotion period, can generally be redeemed only once and cannot be combined with other vouchers or promotions.
- Log in or order as a guest. You log in with an existing customer account, create a new account or order without an account. You then enter your billing address and, if different, your delivery address.
- Choose shipping and payment method. You select the desired shipping and payment method.
- Check your details and submit the order. On the order summary page you can review all details once more and correct them using the correction options provided there. By clicking the button “Zahlungspflichtig bestellen” (“Order with obligation to pay”) you submit a binding order for the goods in your cart.
We will confirm receipt of your order by e-mail without delay. This acknowledgement of receipt does not yet constitute acceptance of your order. The purchase contract is concluded when we accept your order by a separate order confirmation sent by e-mail or when we dispatch the goods to you.
If the goods you ordered are unavailable, no contract is concluded in that respect. Any payments already made will be refunded without delay.
3. Right of withdrawal
As a consumer you have a statutory right of withdrawal. Please refer to our instructions on withdrawal for the details and conditions. You will also find the model withdrawal form there.
You can additionally declare your withdrawal electronically via our withdrawal function. You can reach it via the button “Withdraw contract” in the footer of our website and at heimgart.com/Online-Widerrufsformular_1.
Cost of return: In the event of withdrawal you bear the direct cost of returning the goods.
4. Prices and shipping costs
All prices stated are final prices and include statutory VAT. In addition, the following shipping costs apply, which are shown separately once more during the ordering process before you submit the order.
- Germany: €5.90 per order. Orders with a value of €50.00 or more are shipped free of charge.
- Austria: €8.50 per order. Orders with a value of €75.00 or more are shipped free of charge.
For deliveries outside Germany and Austria, please contact us at post@heimgart.com.
We deliver by shipping only. Collection in person is not possible.
5. Delivery
The delivery time is stated with the respective item. Unless stated otherwise there, we deliver within Germany no later than seven days after conclusion of the contract; in the case of prepayment, from the day after you issue the payment instruction.
If delivery is delayed for reasons for which we are not responsible, we will inform you without delay and tell you the expected new delivery date.
6. Payment
The following payment methods are available in our shop. Which payment methods are offered in a specific case is shown during the ordering process.
- Credit card. By submitting your order you provide us with your credit card details. After you have been verified as the legitimate cardholder, your card is charged immediately after the order.
- PayPal. During the ordering process you are redirected to the PayPal website. To pay the invoice amount via PayPal you must be registered there or register, verify your identity and confirm the payment instruction. The payment transaction is carried out immediately after the order is submitted.
- Prepayment by bank transfer. You transfer the invoice amount to the account stated in the order confirmation. Please quote the order number as the payment reference. The goods are dispatched once payment has been received.
If the customer is in default of payment, we are entitled to charge default interest in accordance with the statutory provisions.
7. Retention of title
The delivered goods remain our property until full payment has been made.
8. Liability for defects
The statutory liability for defects applies.
If goods are delivered with obvious transport damage, please report this to the carrier as soon as possible and contact us without delay. Failure to make such a complaint or to contact us has no consequences whatsoever for your statutory rights and their enforcement, in particular your warranty rights. It does, however, help us to assert our own claims against the carrier or the transport insurer.
9. Storage of the contract text
We store the text of the contract for your order. Before submitting the order you can print it using your browser's print function or save it as a file. We will also send you an order confirmation with all order details to the e-mail address you provided. You can view, print and save these Terms at any time on this page. If you have a customer account, you can view your past orders there.
10. Consumer dispute resolution
We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
11. Data protection
We inform you about the processing of your personal data and your rights in our privacy policy.
12. Applicable law, final provisions
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory provisions of that country's law remains unaffected by this choice of law.
Should any provision of these Terms be or become invalid, the validity of the remaining provisions shall remain unaffected.
Right of withdrawal
Consumers are entitled to the statutory right of withdrawal set out below. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.
Instructions on withdrawal
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period will expire after fourteen days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.
To exercise the right of withdrawal, you must inform us
EASTSIDE IMPEX Handelsgesellschaft mbH
Prenzlauer Promenade 190
13189 Berlin, Germany
Phone: +49 30 95601530
E-mail: widerruf@heimgart.com
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form, but it is not obligatory. You can also exercise your right of withdrawal online at heimgart.com/Online-Widerrufsformular_1 (button “Withdraw contract” in the footer of our website). If you use this online function, we will send you an acknowledgement of receipt on a durable medium (e.g. by e-mail) without delay.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired.
You will have to bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
End of the instructions on withdrawal
Return address
Please send the goods to:
Heimgart
c/o acut fulfillment GmbH
Alboinplatz 19
12105 Berlin, Germany
Please do not send any goods to our office address at Prenzlauer Promenade — we cannot process returns sent there.
Model withdrawal form
If you want to withdraw from the contract, please fill in this form and send it back to us. Use of this form is not obligatory.
To
EASTSIDE IMPEX Handelsgesellschaft mbH
Prenzlauer Promenade 190
13189 Berlin, Germany
E-mail: widerruf@heimgart.com
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*)
____________________________________________
Ordered on (*) ____________ / received on (*) ____________
Name of consumer(s)
____________________________________________
Address of consumer(s)
____________________________________________
Signature of consumer(s) (only if this form is notified on paper)
____________________________________________
Date ____________
(*) Delete as appropriate.
Non-binding notes on returns
The following notes are not a precondition for the effective exercise of your right of withdrawal. They do, however, help us to process your return quickly:
- Please avoid damaging or soiling the goods. Where possible, return the goods in their original packaging with all accessories and packaging components. If you no longer have the original packaging, please use suitable packaging to protect the goods adequately against transport damage.
- Please return the goods with postage paid and keep your proof of posting. We cannot accept unpaid consignments; this does not affect your right of withdrawal.