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General Terms and Condition

General Terms and Conditions of HANOJU-EUROPE Ltd.

 

§1 Field of application

 

For all mutual requirements in relation to the conclusion of a contract between a costumer and HANOJU-EUROPE Ltd., these General Terms and Conditions (GTC) always apply. Regulations diverging from our GTC, particularly concerning the purchase conditions or GTC of the customer, are only valid when confirmed by us in written.

 

 

§2 Identity of HANOJU-EUROPE Ltd.

 

HANOJU-EUROPE Ltd.

Wendelnkamp 58

NL-7091 TZ Dinxperlo / Netherlands

Phone Netherlands:  +31.315.711314

Fax Niederlande:        +31.315.711318

Phone Germany: +49.4443.6361200

Fax Germany:       +49.4443.6361209

eMail:    info@hanoju.com

Internet: www.hanoju.com

Registerd office : Dinxperlo / Netherlands

Commercial Register Number   09138786; VAT Number: NL8172.16.376B01

 

The domain http://www.hanoju.com is the internet portal / online shop of HANOJU-EUROPE Ltd.

 

§3 Contract conclusion

 

Our offers are subject to change without notice. By clicking on the buttons "order" on the page "Confirmation" in the order process, you place a binding order for the goods contained in the cart. The confirmation of receipt of your order follows immediately the sending of the order. The sales contract materialises with our confirmation of delivery or with the delivery of the goods. The costumer gets informed immediately about the non-availability of the goods. The return service is then refund immediately.As far as the consumer orders the goods electronically, the contract text will be saved by us and sent by request to the customer with the present GTC.

 

§4 Information about the right of withdrawal

Right of withdrawal

1- Any customer has the right to revoke his / her contractual statement within one month, without stating reasons, within one month of receipt of the goods in writing (e.g. Letter, e-mail, fax) or by returning the goods. The term starts at the earliest on the day after receipt of a withdrawal in written and of the goods. The receipt of the letter of cancellation or of the goods decides on the meeting of the cancellation time limit.

 

The withdrawal shall be sent to:

HANOJU-EUROPE Ltd.

represented by CEO Claudia Kosmahl

Wendelenkamp 58,

7091 TZ Dinxperlo / Niederlande

 

Fax: +31 (0) 315 711318

e-Mail Adresse: info@hanoju.com

 

Withdrawal consequences

 

In case of an effective withdrawal, both parties shall to refund the service giben an, if applicable, all benefits (e.g. interests). Packageable goods shall be sent back. You shall bear the costs of the shipment, if the goods delivered correspond to the order and if the price of the goods to be sent back doesn´t excess 40 EUR, or, in case of a higher value of the contract object, if the return service or a contractually fixed downpayment have not been delivered at the moment of the withdrawal. Otherwise, the reshipment is free for you. Not packageable goods will be picked up at your home. Obligations to refund shall be realized within 30 days after sending your withdrawal.

 

- end of the instructions of cancellation -

 

§ 5 Delivery and shipment

As far as the products ordered are available, HANOJU-EUROPE Ltd. will deliver these within 5 days after receipt of order, or, if not provided, by a payment in advance after receipt of payment. Already for a goods value of 49,- EUR is the delivery free for you within Germany. Otherwise, the shipping costs will be EUR 5,95. Deliveries without Germany will be calculated depending on the costs (although min. EUR 5,95). You can ask our German Hotline for the individual shipping prices for your countr.

Tel: 04443-6361200

 

§ 6 Prices

All prices include the valid VAT on the day of delivery. As long as nothing else is negociated, hanoju.com is bound to the prices mentionned in the offers during 15 days starting on the offer´s day.

 

§ 7 Conditions of payment

As long as nothing else is negociated, the invoices of HANOJU-EUROPE Ltd. are payable immediately without deduction. In the hanoju.com online shop, the customer can choose between different means of payment. The creditworthiness of the customer is determinig if HANOJU-EIROPE Ltd. is responsive to  the customer´s wish concerning the mean of payment. In specific cases, HANOJU-EUROPE Ltd. reserves the right  to accept an order only against a payment made by cash on delivery or downpayment. If this case occurs, the customer shall be informed and has the possibility to accept a new offer on modified conditions or to withdraw its order.

If the customer wishes a payment made  by direct debit, he/she has to bear the eventual costs for a negative booking operation for lack of account cover or due to falsely transmitted account number. The right of the customer to charge or to retain is only reserved if this was adjudicated upon in a legally binding form, or if it was recognized in written by HANOJU-EUROPE Ltd. A retaining is only allowed when the requirements result from the same contractual relationship. If the customer is in default at the end of the payment term, HANOJU-EUROPE Ltd. reserves the right to block all deliveries to the customer, even if these concern other contractual relationships. HANOJU-EUROPE Ltd. cannot be held responsible for the damages resulting from this non-delivery. If the financial situation of the customer worsen in a way which lets doubt about  his/her creditworthiness, HANOJU-EUROPE Ltd. reserves the right to withdraw the contract or to block the deliveries and performances and to set a fair term of payment or for the client to post reserves. After expiration of this deadline, HANOJU-EUROPE Ltd. reserves the right to withdraw the contract.

 

§ 8 Title retention

HANOJU-EUROPE Ltd reserves the title retention for delivered goods till the complete payment of the purchase price.

 

§ 9 Warrantee

The customer shall inform HANOJU-EUROPE LTd of defects on the product and shall send it back at HANOJU-EUROPE LTd.´s costs. The warranty of the supplier conforms with §§ 433 ff. BGB (German Civil Code). In commercial business, the warrantee is limited to one year and HANOJU-EUROPE Ltd. reserves the right at its option to repare or to replace the goods for free.

 

§ 10 Liability

HANOJU-EUROPE Ltd. can be held liable for the whole amount of damages in case of evidence of wilful intent or gross neglicence on the part of its elements and executives, on the merits of each culpable breach of principal contractual obligations, beyond these obligations also  on the merits of gross negligence of auxiliary persons, unless HANOJU-EUROPE Ltd. can be discharged from these by operation of commercial customs. In this case, a refund  of the typically envisageable damage by the size of the shares of both categories shall be made. Liability in cases of intent, warranty, guile and in case of  personal damages as well as concerning the Product Liability Act remain unaffected.

 

§ 11 Customer care, complaints, claims

We are at your disposal for after-sale-service, complaints and claim from 9am to 4:30 pm from Monday till Friday.

 

Contact in Germany

Melanie Crnoja

Phone: 04443-6361200, Fax: 04443-6361209

If our office is closed, feel free to leave us a message on the answering machine. We will call you back as soon as possible.

Email: melanie@hanoju.com

 

§ 12 Juridiction

For legal relationships between HANOJU-EUROPE LTd. and its costumer, the Dutch right shall be applied. The application of the Uniform Law on the International Sale of Goods (CISG) is excluded. The regulations mentionned before in § 11 don´t affect mandatory legislations of the state in which the customer has his/her habitual residence, if and as long as the customer concluded a contract according the German Civil COde, and if the necessary legal acts were conducted in the state of the habitual residence of the customer.

 

§ 13 Place of fulfilment and  jurisdiction

The place of fulfilment for the delivery and the payment is Dinxperlo, Netherlands. The court of jurisdiction is Arnhem, Netherlands. The above mentionned conditions are to be considered as legally binding and recognized by the buyer, as long as no other regulations were agreed on and confirmed in written by the supplier.

 

§ 14 Partial effectivity

If a regulation of these GTC or a part of a regulation is or will get ineffective, the legal effectiveness of other regulations and respectively the rest of the regulation remain unaffected.

 

§ 15  For the commerce with dietary supplements, following regulation applies:

The orderer bears the responsibility for the marketability of the products bought in his/her country. If a liability of the supplier occurs du to the respective legislation, the contractor sets him free from all requirements and bears the corresponding indemnities, including the costs of legal protection from such requirements. The same goes for rights of a third party which are affected by the marketing of the respective product (e.g. patent right or the like).

 

Version of the 1st of January 2007

All prices include the GST, shipping charges extra. The right to any errors and changes is reserved.
 © Copyright 2008 by HANOJU EUROPE Ltd.