General Terms and Conditions of HERMANN Commerce GmbH

§1 Scope and Definitions (for Business Transactions with Consumers)

(1) The following General Terms and Conditions apply to all deliveries between us and a consumer in the version valid at the time of the order.

A consumer is any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to their commercial or independent professional activity (§ 13 BGB – German Civil Code).

§2 Formation of the Contract and Storage of Contract Text

(1) The following regulations apply to orders placed via our online shop at http://www.dajiangyou.eu.

(2) In the event of a contract being concluded, it will be with:

HERMANN Commerce GmbH
Zhou Dong
Neuenhofstr. 73
D-47055 Duisburg
Registration number:
Register court:

(3) The presentation of goods in our online shop does not constitute a legally binding contractual offer on our part, but is merely a non-binding invitation for consumers to order goods. By placing an order for the desired item, the consumer makes a binding offer to enter into a purchase agreement.

(4) When an order is received via our online shop, the following rules apply:
The consumer submits a binding contractual offer by successfully completing the ordering process provided in our online shop.

The order process involves the following steps:

1. Selecting the desired product(s)

2. Clicking the “Order” button

3. Reviewing the items in the shopping cart

4. Clicking the “Checkout” button

5. Logging in after registering and entering login details (email address and password)

6. Reviewing and, if necessary, correcting the entered information

7. Final and binding submission of the order by clicking the button “Order with obligation to pay” or “Buy”

Before final submission, the consumer can go back to previous pages using the "Back" function in their browser to correct input errors or cancel the ordering process by closing the browser window.

We confirm the receipt of the order with an automatically generated email (“Order Confirmation”). This confirmation constitutes acceptance of your offer.

(5) Storage of contract data:
We will send you the order details and our Terms and Conditions via email. You can also view the Terms and Conditions at any time at http://www.dajiangyou.eu. For security reasons, your order details are no longer accessible via the internet.

§3 Prices, Shipping Costs, Payment, Due Date

(1) The stated prices include statutory VAT and other price components. Any applicable shipping costs will be added.

(2) The consumer can choose to pay via bank transfer, PayPal, or credit card (Visa, Mastercard).

§4 Delivery

(1) Unless otherwise stated in the product description, all items offered are ready for immediate shipment. Delivery will occur no later than within 3 business days.
For prepayment, the delivery period begins the day after the payment order is made to the transferring bank. For all other payment methods, it begins the day after the contract is concluded.
If the end of the period falls on a Saturday, Sunday, or public holiday at the delivery location, the period will end on the next business day.

(2) The risk of accidental loss or deterioration of the goods passes to the buyer only upon handover, even in the case of mail-order purchases.

§5 Retention of Title

We retain ownership of the goods until full payment has been received.

§6 Right of Withdrawal for Consumers

Consumers have a right of withdrawal under the following conditions. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly not attributable to commercial or independent professional activities.

Withdrawal Policy

Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which you or a third party named by you (who is not the carrier) takes possession of the goods.

To exercise your right of withdrawal, you must inform us:

HERMANN Commerce GmbH
Zhou Dong
Neuenhofstr. 73
D-47055 Duisburg
Email: [email protected]

by means of a clear statement (e.g. letter sent by post, fax, or email) of your decision to withdraw from this contract. You may use the attached sample withdrawal form, but it is not mandatory.

Consequences of Withdrawal
If you withdraw from this contract, we will reimburse you for all payments received from you, including delivery costs (except for any additional costs resulting from your choice of a delivery method other than our standard, least expensive method), without undue delay and at the latest within fourteen days from the date on which we received notice of your withdrawal.
We will use the same payment method you used for the original transaction, unless otherwise agreed. Under no circumstances will you be charged fees for this reimbursement.

We may withhold the reimbursement until we have received the returned goods or you have provided proof that you have returned them, whichever is earlier.

You must return the goods to us without undue delay and no later than fourteen days from the day on which you informed us of the withdrawal. The deadline is met if you send back the goods before the fourteen-day period has expired.

You will bear the direct cost of returning the goods.

End of Withdrawal Policy

§7 Sample Withdrawal Form

(If you wish to withdraw from the contract, please fill out this form and return it.)

To:
HERMANN Commerce GmbH
Zhou Dong
Neuenhofstr. 73
D-47055 Duisburg
Email: [email protected]

I/we () hereby withdraw from the contract concluded by me/us () for the purchase of the following goods ()/the provision of the following service ()

Ordered on ()/received on ():

Name of consumer(s):

Address of consumer(s):

Signature of consumer(s) (only if submitted on paper):

Date:

(*) Delete as appropriate.

§8 Warranty

The statutory warranty provisions apply.

§9 Contract Language

The contract language is exclusively German.

AGB last updated: July 2015