General terms and conditions (GTC)

1. Validity

The following terms and conditions apply to all orders, particularly via our website, by consumers and entrepreneurs.

A consumer is any natural person who enters into a legal transaction for purposes which can’t be attributed primarily to either its commercial or freelance occupation. An entrepreneur is a natural or legal person or an incorporated partnership, who is acting in exercise of its commercial or freelance occupation when a legal transaction is concluded.

These terms and conditions apply also to future business relations with entrepreneurs, without the necessity to reference them again. If the entrepreneur uses opposing or supplementary general terms and conditions, its validity is hereby contradicted; It will only become part of the contract if we have expressly consented to it.

2. Contract partners and conclusion of contract

The purchase contract is concluded with HEVIGE-owner Bastian Martens.
The offers on our website represent a non-binding offer to you to buy goods. By clicking the order button, you are making a binding offer to conclude a purchase contract
The time when the contract is concluded with us depends on the chosen payment method:

Purchase on account
We accept your order by sending you a declaration of acceptance in separate e-mail within two days and/or by delivery of the goods. Thereby the contract is concluded with us.

Payment in advance
We accept your order by sending you a declaration of acceptance in separate e-mail within two days, in which we call you our bank account. Thereby the contract is concluded with us.

3. Contract language and contract retention

The languages available for the contract are german and english.
We store the contract text and send you the order data, our terms and conditions and privacy policy by e-mail. You can view and download the terms and conditions and privacy policy at any time on this page.

4. Terms of delivery

Additional shipping costs may be added to the indicated product prices. You can find out more about the amount of shipping costs on this page and in the offers.
We deliver only by dispatch. Unfortunately, a self-collection of the goods is not possible. We do not deliver to packing stations.

5. Payment

Purchase on account
The invoice must be paid within 14 days after receipt of the goods by money transfer.

Payment in advance
If you choose the payment method payment in advance we will call you our bank account in separate e-mail and deliver the goods after payment received taking into account our delivery times.
SEPA bank transfers take about 1-2 working days and are free of charge. If you send us money from outside the EU, there might be transaction fees which you will have to pay. Please contact your bank about these fees before placing your order.
Please indicate also the order number on your bank transfer. You will receive this code with your order confirmation Email and the bank transfer Email. If we do not get this code with your payment, delay may occur.

Our bank data:
Sparkasse Goch
KTO Inh.: Bastian Martens
BLZ: 32250050
KTO: 552086
IBAN:DE10 3225 0050 0700 5520 86
BIC: WELADED1GOC

We reserve the right not to offer certain payment methods and to refer to other payment methods.
Pursuant to § 286 (3) BGB, you are in arrears 30 days after the due date of the purchase price. For each reminder we charge a flat fee of 10 €. You are still obliged to prove that HEVIGE-owner Bastian Martens has incurred lower or no expenses for the reminder. Further claims of HEVIGE-owner Bastian Martens, in particular claims for damages and claims for default interest, shall remain unaffected.

6. Instructions on withdrawal

Right of withdrawal
You have the right to withdraw from this contract within fourteen days without providing any reason.
The withdrawal period is fourteen days from the date on which you or a third party designated by you, other than the carrier, took possession of the items. If you have ordered multiple items as part of a single order and those items are delivered separately, then the withdrawal period will be fourteen days from the date on which you or a third party designated by you, who is not the carrier, took possession of the last item.
In order to exercise your right of withdrawal, you must inform us (HEVIGE owner Bastian Martens, Briener Str. 192 D-47533 Kleve, info@hevige.com) in the form of a clear statement (e.g., a letter sent by post or e-mail) of your decision to withdraw from this agreement. You may use the enclosed sample withdrawal form, but doing so is not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification that you are exercising the right of withdrawal before the withdrawal period expires.

Consequences of withdrawal
If you withdraw from this contract, we (HEVIGE Inhaber Bastian Martens) must return to you all payments we have received from you, including any potential delivery costs (with the exception of additional costs incurred due to you having chosen a type of delivery other than the most economical standard delivery we offered), without delay and no later than within fourteen days from the date on which the notification regarding your withdrawal from this contract was delivered to us. For this refund we will use the same method of payment used by you for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may refuse to refund your payment until we have received the items back from you or until such time as you have provided evidence that you have returned the items, whichever case takes place earlier.
You must return or hand over the items to us (HEVIGE Inhaber Bastian Martens, Briener Str. 192 D-47533 Kleve, info@hevige.com) without delay and no later than within fourteen days from the date you notify us of contract withdrawal. This period will be deemed to have been observed if you dispatch the items before expiration of the fourteen-day period.
You will bear the direct costs of returning the items. You will be liable for any depreciation in the value of the items only if such depreciation is due to handling of the items beyond that which is necessary to examine their nature, properties, and functionality.

7. Reservation of ownership

The goods remain our property until full payment.

For entrepreneurs, the following applies in addition: We reserve the right of ownership of the goods until full settlement of all claims arising from a current business relationship. You may resell the reserved goods in ordinary business; you will assign all claims resulting from this resale – irrespective of the connection or mixing of the reserved goods with a new item – on high of the invoice amount; we accept this assignment. You remain authorized to collect the receivables, but we may also collect claims ourselves, insofar as you fail to meet your payment obligations.

8. Transport damage

For consumers, the following applies:
If goods are delivered with obvious transport damage, please report such errors to the delivery company as soon as possible and contact us immediately. The failure of a complaint or contact has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, you help us to assert our own claims against the freight carrier or the transport insurance.

For entrepreneurs, the following applies:
The risk of accidental loss and accidental deterioration will pass to you as soon as we have delivered the goods to the freight forwarder, freight carrier or the person or institution who is otherwise destined to carry out the dispatch. Among merchants, the obligation to investigate and to notify the seller is governed by § 377 HGB. If you fail to comply the annunciation regulated there, the goods shall be deemed to be approved, unless this is a defect that was not apparent during the inspection. This does not apply if we have fraudulently concealed a defect.

9. Warranty and Guarantees

Unless otherwise expressly agreed in the following, the law of warranty for defects shall apply. For consumers, the limitation period for claims for defects for used items is one year from delivery of the goods. For entrepreneurs, the limitation period for claims for defects shall be one year from the passing of risk; the legal limitation periods for recourse action pursuant to § 478 BGB shall remain unaffected.

As an agreement on the quality of the goods, only our own data and the product descriptions included in the contract are valid. We do not assume any liability for public statements by third parties or other advertising announcements. If the delivered item is defective, we provide to the entrepreneur on our initial choice a guarantee by remedying the defect (rectification) or by delivering a defect-free item (replacement delivery).

The above limitations and deadline reductions do not apply to claims due to damages caused by us, our legal representatives or servants

in case of injury to life, body or health
in case of intentional or grossly negligent breach of duty as well as fraudulent intent
in the event of a breach of essential contractual obligations, the fulfillment of which makes the proper execution of the contract possible at
all and on whose compliance the contractual partner may regularly rely (cardinal obligations)
within a guarantee promise, if agreed
as long as the scope of the product liability act is in force.

10. Liability

We are always liable without limitation for claims due to damages caused by us, our legal representatives or servants

in case of injury to life, body or health,
in case of intentional or grossly negligent breach of duty,
in case of warranty, if agreed, or
as long as the scope of the product liability act is in force.

In the event of a breach of essential contractual obligations, which enable basically the proper implementation of the contract, and which the contractual partner may regularly rely on (cardinal obligations) by slight negligence of us, our legal representatives or servants, the liability shall depend on the foreseeable liability damage that is typically expected to occur. Furthermore, claims for damages are excluded.

11. Consumer dispute resolution according to § 36 VSBG

The European Commission has installed a platform for online settlement of disputes. You will reach it under: http://ec.europa.eu/consumers/odr. Consumers can use the platform for settlement of their disputes.

We are not legally obliged in participation at a settlement of dispute by a consumer conciliation committee and will try to reach an agreement in a different way.

12. Final clause

If you are an entrepreneur, german law applies with the exclusion of the UN purchase law.
If you are a merchant within the meaning of the german commercial law, a legal person governed by public law or a public special fund, our exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our business location.