Terms and conditions
Terms and Conditions (T&C) - Sale
Contracting parties
On the basis of these Terms and Conditions (T&C), a contract is concluded between the customer and
hanshanshans Groten, Stapper, Stapper GbR
Represented by Ferdinand Groten (born Biermann), Alexander Stapper and Carola Stapper (born Engelke)
Address: Emdener Straße 105 50735 Köln
E-mail address: engelke@hanshanshans.de,
hereinafter referred to as the provider.
Subject of the Contract
This contract governs the sale of football tables and accessories for football tables via the provider's online shop. The details of each offer are provided in the product description on the relevant offer page.
Conclusion of contract
Non-binding enquiries are submitted through the football table generator or other means of remote communication such as contact forms, e-mail or social media messages. The contract is concluded through an offer by the provider and its acceptance by the customer outside the website, for example by e-mail.
The order process for the conclusion of the contract comprises the following steps:
- Configuration of the individual football table in the football table generator or description of the desired football table or accessories via means of remote communication such as contact forms, accessory request forms, e-mail or social media messages
- Submission of a non-binding request by the customer through an order request sent via the football table generator or by means of remote communication such as contact forms, accessory request forms, e-mail or social media messages
- Submission of an offer by the provider
- Acceptance of the offer by the customer
Caveats
The delivered goods remain the property of the seller until all claims arising from this contract have been paid in full.
Prices, shipping costs
All prices are final prices and include 19 percent value added tax (VAT). Delivery and shipping costs are not included in our prices.
Terms of payment
The customer has only the following options for payment:
- Advance bank transfer
- Invoice on delivery.
Other payment methods are not offered and will be rejected.
If the total amount of the invoice exceeds 1000 euros, the customer is obliged to pay or transfer a deposit of 20 percent of the invoice amount to the account stated in the offer within 14 days after acceptance of the offer.
The customer is obliged to pay or transfer the invoice amount, less any deposits already paid, to the account indicated on the invoice within 30 days after receipt of the invoice.
A right of retention of the customer that is not based on the same contractual relationship is excluded.
Set-off against claims of the provider is excluded unless the customer's counterclaims are undisputed or have been established by a final court judgment. This restriction does not apply to counterclaims arising from the same contractual relationship or from its reversal.
Terms of delivery
The goods will be delivered on the delivery date agreed in the offer.
The provider delivers the order from its own warehouse as soon as the entire order is in stock.
The customer will be informed of delays immediately.
If the provider is not responsible for a permanent impediment to delivery, in particular force majeure or non-delivery by its own supplier despite having entered into a corresponding covering transaction in good time, the provider is entitled to withdraw from the contract with the customer to the extent affected. The customer will be informed immediately, and any performance already received, in particular payments, will be returned.
Defects liability
Consumers are entitled to statutory rights in respect of defects for the services offered under the relevant provisions of the German Civil Code (Bürgerliches Gesetzbuch, BGB). Any deviations are governed by the provisions set out in these Terms and Conditions (T&C).
In the case of remedial performance, the provider may choose between repair and replacement if the goods are new and the customer is a business customer.
If the customer is a consumer, the limitation period for claims in respect of defects in used goods may be reduced to one year, provided that the customer is specifically informed of the reduction before making their contractual declaration and the reduction is expressly and separately agreed in the contract.
This does not apply to claims for damages arising from injury to life, limb or health, or from the breach of essential contractual obligations that must necessarily be fulfilled to achieve the contractual objective. Likewise, it does not apply to claims for damages arising from a grossly negligent or intentional breach of duty by the provider, its legal representative or a vicarious agent. Otherwise, the statutory provisions apply.
Warranties
The provider offers the customer a durability guarantee for new goods. The provider thereby guarantees the durability of the goods for the guarantee period.
The guarantee period is 2 years and begins upon delivery of the goods. The guarantee applies to football tables and accessories sold by the provider as new goods in all countries to which the provider delivers at the time of purchase.
The guarantor is hanshanshans Groten, Stapper, Stapper GbR, Emdener Straße 105, 50735 Köln. To make a claim under the guarantee, the customer may contact info@hanshanshans.de or the stated postal address with a description of the defect and details of the purchase. The purchase may be evidenced, for example, by the invoice or by other means.
In the event of a guarantee claim, the customer may request remedial performance free of charge in accordance with the statutory provisions governing durability guarantees.
The consumer's statutory rights in respect of defects are available free of charge and are not restricted by this guarantee. The guarantee statement will be provided to the consumer on a durable medium no later than upon delivery of the goods.
Contract design
If the customer is a business customer, the risk of accidental loss and/or accidental deterioration of the goods passes to the customer upon handover or, in the case of dispatch, when the goods are handed over to the service provider selected for that purpose.
Right of withdrawal
Under section 312g(2), no. 1 of the German Civil Code (BGB), consumers have no right of withdrawal from contracts for the supply of goods that are not prefabricated and for whose manufacture an individual choice or specification by the consumer is decisive, or that are clearly tailored to the consumer's personal needs. This exclusion applies only if the goods in question actually meet these requirements. In these cases, the provider does not grant a contractual right of withdrawal either.
If the customer, acting as a consumer, purchases goods under a distance contract or an off-premises contract for which no statutory exclusion of the right of withdrawal applies, in particular ordinary accessories, the customer has the right to withdraw from the contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which the customer or a third party designated by the customer, other than the carrier, takes possession of the goods. If several goods from a single order are delivered separately, the period begins upon receipt of the last item; if goods are delivered in several lots or pieces, it begins upon receipt of the last lot or piece.
To exercise the right of withdrawal, the customer must inform the provider (hanshanshans Groten, Stapper, Stapper GbR, Emdener Str. 105, 50735 Köln, telephone: 017631047272, info@hanshanshans.de) of the decision to withdraw from this contract by an unequivocal statement, for example a letter sent by post or an e-mail.
To meet the withdrawal deadline, it is sufficient for the customer to send the notification of the exercise of the right of withdrawal before the withdrawal period expires.
Consequences of withdrawal:
If the customer withdraws from the contract, the provider must reimburse all payments received from the customer, including delivery costs, except for additional costs resulting from the customer's choice of a delivery method other than the least expensive standard delivery offered by the provider, without undue delay and no later than fourteen days from the day on which the provider receives notification of the withdrawal from the contract. The provider will use the same means of payment for the reimbursement as the customer used for the original transaction, unless expressly agreed otherwise with the customer; in no case will the customer incur any fees as a result of the reimbursement. The provider may withhold reimbursement until it has received the goods back or the customer has provided evidence of having sent back the goods, whichever is earlier. This does not apply if the provider has offered to collect the goods.
The customer must send back or hand over the goods to the provider without undue delay and in any event no later than fourteen days from the day on which the customer informs the provider of the withdrawal from the contract. The deadline is met if the customer sends back the goods before the fourteen-day period expires. If the provider has offered to collect the goods, the customer is not required to send them back. The customer bears the direct costs of returning the goods. For goods that cannot normally be returned by post, this applies only if the provider has also properly informed the customer of the amount of these costs before the contract is concluded; otherwise, the provider bears these costs. Statutory obligations of the provider to collect the goods at its own expense remain unaffected.
The customer is only liable for any diminished value of the goods resulting from handling other than what is necessary to establish their nature, characteristics and functioning, and only if the provider has properly informed the customer of the right of withdrawal.
Disclaimer
Claims for damages by the customer are excluded except as provided below. This also applies to the provider's representatives and vicarious agents if the customer asserts claims for damages against them. The exclusion does not cover claims for damages arising from injury to life, limb or health, or from the breach of essential contractual obligations that must necessarily be fulfilled to achieve the contractual objective. Likewise, it does not apply to claims for damages arising from a grossly negligent or intentional breach of duty by the provider, its legal representative or a vicarious agent. Liability under the German Product Liability Act, for fraudulently concealed defects, under guarantees given and under other mandatory statutory provisions remains unaffected.
Prohibition of assignment and pledging
Claims or rights of the customer against the provider may not be assigned or pledged without the provider's consent, unless the customer has demonstrated a legitimate interest in the assignment or pledging. This restriction does not apply to consumers' monetary claims. For other rights of consumers, it applies only if the provider has a legitimate interest in the restriction and the consumer's legitimate interests in the assignability of the rights do not outweigh that interest.
Language, jurisdiction and applicable law
The contract is written in German. The further performance of the contractual relationship takes place in German. The law of the Federal Republic of Germany exclusively applies. For consumers, this applies only insofar as it does not restrict any statutory provisions of the state in which the consumer has their domicile or habitual residence.
An agreement designating the provider's registered office as the place of jurisdiction applies only if the requirements of section 38 of the German Code of Civil Procedure (ZPO) are met. Mandatory rules on jurisdiction remain unaffected.
Privacy Policy
In connection with the initiation, conclusion, performance and reversal of a purchase contract based on these Terms and Conditions, the provider collects, stores and processes data. This takes place within the framework of the statutory provisions. The provider only discloses the customer's personal data to third parties where permitted under the applicable data protection provisions, in particular where necessary for the performance of the contract or compliance with legal obligations, or where valid consent has been given. If a third party is engaged to provide services in connection with data processing, the provisions of the German Federal Data Protection Act are complied with. The data supplied by the customer during the ordering process is processed to initiate, perform and settle the contract and to comply with legal obligations. Data is only passed on to the shipping company responsible for delivering the goods to the extent necessary. Payment details are passed on to the bank responsible for processing the payment. Where the provider is subject to retention periods under commercial or tax law, some data may be stored for up to ten years. Information about data processing when visiting the website and about other processing activities is provided in the Privacy Policy. At the customer's request, personal data will be deleted, corrected or blocked within the scope of the statutory provisions. Information about all personal data relating to the customer is available free of charge. For questions and requests concerning the deletion, correction or blocking of personal data, as well as its collection, processing and use, the customer may contact the following address:
hanshanshans Groten, Stapper, Stapper GbR, Carola Stapper Emdener Straße 105, 50735 Köln, info@hanshanshans.de.
Salvatory clause
The invalidity of any provision of these Terms and Conditions has no effect on the validity of the remaining provisions.
Consumer dispute resolution
Notice under section 36(1), no. 1 of the German Consumer Dispute Resolution Act (VSBG): We point out that we are not available to participate in dispute resolution proceedings before a consumer arbitration board.
Terms and Conditions (T&C) - Event rental
Contracting parties
On the basis of these Terms and Conditions (T&C), a contract is concluded between the customer and
hanshanshans Groten, Stapper, Stapper GbR
Represented by Ferdinand Groten (born Biermann), Alexander Stapper and Carola Stapper (born Engelke)
Address: Emdener Straße 105 50735 Köln
E-mail address: engelke@hanshanshans.de,
hereinafter referred to as the provider.
Subject of the Contract and Scope
This contract governs the fixed-term rental of football tables and, where applicable, accessories for events. These Terms and Conditions apply exclusively to event rentals. Long-term rentals and placements with shared earnings are agreed separately and are not covered by these Terms and Conditions.
The details of the rented equipment, the installation location, the rental period and any agreed additional services are set out in the provider's offer. Delivery, assembly, instruction, dismantling, collection, cleaning, branding or on-site support form part of the contract to the extent agreed in the offer.
Conclusion of contract
Non-binding enquiries are submitted through the rental form or other means of remote communication such as contact forms, e-mail or social media messages. The contract is concluded through an offer by the provider and its acceptance by the customer outside the website, for example by e-mail.
The order process for the conclusion of the contract comprises the following steps:
- Submission of a non-binding rental request through the rental form or description of the desired rental by means of remote communication such as contact forms, e-mail or social media messages
- Submission of an offer by the provider
- Acceptance of the offer by the customer
Rental period
The beginning and end of the rental period are specified in the offer. The contract ends upon expiry of the agreed rental period without notice of termination being required. Any extension is agreed separately. Statutory rights to extraordinary termination and the cancellation provisions below remain unaffected.
Prices, delivery and collection costs
All prices are final prices and include 19 percent value added tax (VAT). Any additional costs for delivery, assembly, dismantling, collection or other services are stated in the offer and communicated to the customer before the contract is concluded.
Terms of payment
The customer has only the following options for payment:
- Advance bank transfer
- Invoice on delivery.
Other payment methods are not offered and will be rejected.
The customer is obliged to pay or transfer the invoice amount to the account indicated on the invoice within 30 days after receipt of the invoice.
A right of retention of the customer that is not based on the same contractual relationship is excluded.
Set-off against claims of the provider is excluded unless the customer's counterclaims are undisputed or have been established by a final court judgment. This restriction does not apply to counterclaims arising from the same contractual relationship or from its reversal.
Cancellation, Termination and Rescission
The customer may cancel the contract before the beginning of the rental period in text form, for example by e-mail. The time at which the provider receives the cancellation is decisive. Cancellation more than 30 calendar days before the beginning of the rental period is free of charge.
For later cancellations, the provider may claim the loss of the contractually agreed remuneration, calculated on a case-by-case basis. Saved expenses and benefits from an alternative rental or other use of the reserved services are deducted. The amount payable is limited to the following proportions of the gross rental fee stated in the offer:
- 30 to 15 calendar days before the beginning of the rental period: up to 30 percent
- 14 to 8 calendar days before the beginning of the rental period: up to 50 percent
- 7 to 3 calendar days before the beginning of the rental period: up to 75 percent
- 2 or fewer calendar days before the beginning of the rental period: up to 100 percent
The percentages are upper limits and are not charged automatically as flat-rate amounts. Separately stated delivery, collection and other ancillary service costs do not increase the basis for calculating these limits. The provider must provide a clear calculation of the remaining claim; no additional cancellation costs exceeding these limits will be claimed. The customer remains free to demonstrate that no loss, or only a smaller loss, has occurred.
The customer's statutory rights, in particular rights in the event of defects or non-performance and rights arising from a disturbance of the contractual basis, remain unaffected.
If the provider is prevented from carrying out the order for reasons for which it is not responsible, the customer is entitled to rescind the contract. Further statutory rights remain unaffected.
Terms of delivery and handover
Delivery and, where applicable, assembly take place on the dates agreed in the offer. If the customer arranges collection from the provider, the agreed collection time applies. The customer will be informed of any foreseeable delays immediately. The customer's statutory rights in the event of a delay or failure to perform remain unaffected.
Upon delivery or collection, the football table and the accessories rented with it are checked jointly. The result of this check is recorded in a handover record to be signed by the customer and the provider.
Return
Collection by the provider or return by the customer takes place at the time and location agreed in the offer. These arrangements are made when the contract is concluded.
No additional costs arise for the customer if a delay is caused by the provider. This also applies if the provider collects the football table later despite it having been properly made available for collection at the agreed time and location.
If the customer does not return the rented property after the rental contract has ended and the statutory requirements for compensation for late return are met, the provider may claim compensation under section 546a of the German Civil Code (BGB) for the period of non-return, based on the agreed rent calculated pro rata or the rent customary in the locality for comparable rented property. Further damages may only be claimed if the statutory requirements are met; the same loss will not be charged twice.
The customer undertakes to return the football table and the accessories rented with it on time and free of defects other than those arising from normal use.
Liability of the customer
The football table may only be used with the balls supplied by the provider. For damage caused by the use of other balls or objects as substitutes for a ball, the customer is liable under the statutory requirements to the extent that the customer is responsible for the damage.
The customer is not liable for changes or deterioration resulting from use in accordance with the contract. This applies to the football table as well as any external monitor and other accessories rented with it.
In addition, the customer and the provider agree that the customer does not have to pay compensation for the following damage:
- Paint damage on the legs of the football table
- Paint damage on the frame boards up to a length of 1cm
Liability for intentionally caused damage remains unaffected.
Defects liability and maintenance
The statutory rights in respect of defects under rental law apply to event rentals. The provider is obliged to hand over the football table and the accessories rented with it in a condition suitable for the agreed use and to maintain them in that condition throughout the rental period.
If the customer discovers a defect, the customer must notify the provider without undue delay, for example by e-mail or telephone. Where necessary and reasonable, the customer assists with describing the defect and with remedial measures agreed with the provider.
The provider bears the necessary costs of remedying defects unless they result from damage for which the customer is responsible. The customer's statutory rights, in particular to a reduction in rent, damages and extraordinary termination, remain unaffected.
Exclusion of the right of withdrawal
For contracts for event rentals in connection with leisure activities for which a specific date or period has been agreed, consumers have no statutory right of withdrawal under section 312g(2), no. 9 of the German Civil Code (BGB).
No contractual right of withdrawal is granted. The cancellation options provided for in these Terms and Conditions and the statutory rights in the event of defects or non-performance remain unaffected.
Disclaimer
Claims for damages by the customer are excluded except as provided below. This also applies to the provider's representatives and vicarious agents if the customer asserts claims for damages against them. The exclusion does not cover claims for damages arising from injury to life, limb or health, or from the breach of essential contractual obligations that must necessarily be fulfilled to achieve the contractual objective. Likewise, it does not apply to claims for damages arising from a grossly negligent or intentional breach of duty by the provider, its legal representative or a vicarious agent. Liability under the German Product Liability Act, for fraudulently concealed defects, under guarantees given and under other mandatory statutory provisions remains unaffected.
Prohibition of assignment and pledging
Claims or rights of the customer against the provider may not be assigned or pledged without the provider's consent, unless the customer has demonstrated a legitimate interest in the assignment or pledging. This restriction does not apply to consumers' monetary claims. For other rights of consumers, it applies only if the provider has a legitimate interest in the restriction and the consumer's legitimate interests in the assignability of the rights do not outweigh that interest.
Language, jurisdiction and applicable law
The contract is written in German. The further performance of the contractual relationship takes place in German. The law of the Federal Republic of Germany exclusively applies. For consumers, this applies only insofar as it does not restrict any statutory provisions of the state in which the consumer has their domicile or habitual residence.
An agreement designating the provider's registered office as the place of jurisdiction applies only if the requirements of section 38 of the German Code of Civil Procedure (ZPO) are met. Mandatory rules on jurisdiction remain unaffected.
Privacy Policy
In connection with the initiation, conclusion, performance and reversal of a rental contract based on these Terms and Conditions, the provider collects, stores and processes data. This takes place within the framework of the statutory provisions. The provider only discloses the customer's personal data to third parties where permitted under the applicable data protection provisions, in particular where necessary for the performance of the contract or compliance with legal obligations, or where valid consent has been given. If a third party is engaged to provide services in connection with data processing, the provisions of the German Federal Data Protection Act are complied with. The data supplied by the customer during the ordering process is processed to initiate, perform and settle the contract and to comply with legal obligations. Data is only passed on to the shipping company responsible for delivering the goods to the extent necessary. Payment details are passed on to the bank responsible for processing the payment. Where the provider is subject to retention periods under commercial or tax law, some data may be stored for up to ten years. Information about data processing when visiting the website and about other processing activities is provided in the Privacy Policy. At the customer's request, personal data will be deleted, corrected or blocked within the scope of the statutory provisions. Information about all personal data relating to the customer is available free of charge. For questions and requests concerning the deletion, correction or blocking of personal data, as well as its collection, processing and use, the customer may contact the following address:
hanshanshans Groten, Stapper, Stapper GbR, Carola Stapper Emdener Straße 105, 50735 Köln, info@hanshanshans.de.
Salvatory clause
The invalidity of any provision of these Terms and Conditions has no effect on the validity of the remaining provisions.
Consumer dispute resolution
Notice under section 36(1), no. 1 of the German Consumer Dispute Resolution Act (VSBG): We point out that we are not available to participate in dispute resolution proceedings before a consumer arbitration board.