General Terms & conditions
This site is owned and operated by Halbach Seidenbänder GmbH, Remscheid. Our Registered Address is Ritterstr. 15, D-42899 Remscheid. Halbach Seidenbänder is a Company registered in Germany with Company Registration Number HRB 11555 and VAT Registration Number DE 120 807 682. If you have any queries about these terms and conditions or if you have any comments or complaints on or about our website, you can contact us by email at info@halbach.ag or by phone on +49 (0)2191-95830 or by letter to Halbach Seidenbänder GmbH, Ritterstr. 15, D-42899 Remscheid.
1 The contract between us
We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Your payment of the price for the goods represents an offer on your part to purchase the goods, which will be accepted by us when we send to you an email that the goods have been sent to you. Our acceptance of your order brings into existence a legally binding contract between us. Placing of an order by you for the supply of age-restricted goods such as alcohol will be taken by us as a specific confirmation that you are of minimum legal age in the country from you which you are ordering and it is legal for you to place such an order.
2 Ownership of rights
All rights, including copyright, in this website are owned by or licensed to Halbach Seidenbänder GmbH. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use, is prohibited without our permission. You may not modify, distribute or repost anything on this website for any purpose.
3 Accuracy of content
We have taken care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at the time of publishing and that all goods have been fairly described. However, orders will only be accepted if there are no material errors in the description of the goods or their prices as advertised on this website. Any weights, dimensions and capacities given about the goods are approximate only. We will not be obliged to accept an order for any item for which an incorrect price has been displayed.
4 Damage to your computer
We try to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website. Except in the case of negligence on our part, we will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.
5 Availability
All orders are subject to acceptance and availability. If the Goods you have ordered are not available from stock, we will contact you by e-mail or phone (if you have given us details). You will have the option either to wait until the item is available from stock or to cancel your order.
6 Ordering errors
You are able to correct errors on your order up to the point on which you click on “Place Order” during the ordering process. You are responsible for ensuring the accuracy of your order. This includes the entry of personalisation information when ordering personalised products. We are not responsible for errors or omissions in such data entry and, unless specifically stated with regard to a specific product, personalised products will be manufactured in strict accordance with the personalisation data you have entered.
7 Price
The prices payable for goods that you order are as set out in our website. All prices are exclusive of VAT at the current rates and are correct at the time of entering information. Wherever it is not possible to accept your order to buy goods of the specification and description at the price indicated, we will advise you by email, offer to sell you the goods of the specification and description at the price stated in the email and will state the period for which the offer or the price remains valid.
8 Payment terms
We will charge your credit account for payment upon receipt of your order unless delivery cannot be fulfilled within 30 days. We accept no liability if a delivery is delayed because you did not give us the correct payment details. If it is not possible to obtain full payment for the goods from your account then we can cancel the contract and or suspend any further deliveries to you. This does not affect any other rights we may have.
9 Delivery charges
Delivery charges vary according to the type of goods ordered and cannot be refunded.
10 Delivery
10.1 Our product prices don’t include delivery charges. We will normally try to despatch goods to you using DPD or by courier service subject to our decision based upon the most appropriate method to use having regard to size and weight of the products ordered. We try to despatch goods to you within between 1 - 5 working days or your payment being received. You may be offered additional delivery services for expedited service at additional cost during the check-out process which you may choose to select or decline. The time from receipt of your order to time of despatch will depend upon a number of factors of which time to manufacture to your specifications specifically to fulfil your order will be a significant part.
10.2 The delivery charges quoted on the web site relate to delivery within Germany and the countries of the European Union were we are active in sales. We reserve the right to levy charges in addition to the standard delivery charge quoted and will email you with information about any additional delivery charge if any are payable and at that time you will have the right to cancel your order if you do not wish to pay any such additional charge. Delivery to any address outside the named countries is subject to a separate agreement and will be negotiated separately on a case by case basis. We reserve the right to decline to supply to any address outside the European Union.
10.3 We will deliver the goods to the address you specify for delivery in your order. It is important that this address is accurate. Please be precise about where you would like the goods left if you are out when we deliver. We cannot accept any liability for any loss or damage to the goods once they have been delivered in accordance with your delivery instructions (unless this is caused by our negligence). We will aim to deliver the goods by the date quoted for delivery but delivery times are not guaranteed. If delivery is delayed due to any cause beyond our reasonable control, the delivery date will be extended by a reasonable period and we will contact you to arrange an alternative time.
10.5 You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
11. Risk and ownership
Risk of damage to or loss of the goods passes to you at the time of delivery to you, or if you fail to take delivery at the agreed time, the time when we tried to deliver. You will only own the goods once they have been successfully delivered and when we have received cleared payment in full.
12. Acknowledgement and acceptance of your order
You will need to provide us with your e-mail address and we will notify you by e-mail as soon as possible to confirm receipt of your order and e-mail you again to confirm details. An acceptance of your order will take place on despatch of the good(s) ordered; except orders for personalised gifts for which order acceptance will be deemed to have been sent when the order acknowledgement is sent to you.
13. Cancellation and Returns
13.1 We are working in a business-to-business Relation. In this kind of professional relations you don’t have the legal right to cancel your order within fourteen days of receipt of your goods, like consumers have. You have the right for cancelling your contract or parts of it within 3 working-day by obligingness of Halbach Seidenbänder GmbH. You don’t have to pay any penalty before delivery. However, you will need to notify us if you wish to cancel your contract. You do not have any right to cancel any order for personalised or other made to order goods after the order acknowledgement has been sent to you.
13.2 If you have received the goods before you cancel your contract then you must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.
13.4 Once you have notified us that you are cancelling your contract, any sum debited to us from your account will be re-credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we will be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you. If you return the goods and they are not in the condition they were when delivered to you, we reserve the right to either return them to you without any refund or to refund a lesser amount than the amount you paid in compensation for the re-work necessary to make the goods into a saleable condition as new.
13.5 You will be re-credited for the costs incurred in returning faulty or unsatisfactory goods.
14 Cancellation by us
14.1 We reserve the right to cancel the contract between us if:
14.1.1 we have insufficient stock to deliver the goods you have ordered;
14.1.2 we do not deliver to your area; or
14.1.3 one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
14.2 If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order.
15 Liability
15.1 If you do not receive goods ordered by you within 30 days of the date on which you ordered them, we will have no liability to you unless you notify us in writing at our contact address of the problem within 30 days of the date on which you ordered the goods (unless this is not reasonably practicable). If you notify a problem to us under this condition, our only obligation will be, at your option:
15.1.1 to make good any shortage or non-delivery;
15.1.2 to replace or repair any goods that are damaged or defective; or
15.1.3 to refund to you the amount paid by you for the goods in question in whatever way we choose.
15.2 Both parties shall only be liable under this contract for losses, which are a reasonably foreseeable consequence of the relevant breach of contract
15.3 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
15.4 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable German law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
16 Notices
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at Halbach Seidenbänder GmbH, Ritterstr. 15, D-42899 Remscheid, Germany.
17 Changes to legal notices
We reserve the right to change these terms and conditions from time to time and you should look through them as often as possible.
18 Law, jurisdiction and language
This website, any content contained therein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with German law. Parties to any such contract agree to submit to the exclusive jurisdiction of the courts of Germany. All contracts are concluded in English.
19 Invalidity
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
20 Privacy
You acknowledge and agree to be bound by the terms of our privacy policy.
21 Third party rights
Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.