Terms & conditions

1. Scope

1.1. These General Terms and Conditions are valid for all orders from the https://expertgolf.shop online shop. The ordering party’s contractual partner is Herold Fulfillment GmbH, Raiffeisenallee 10, 82041 Oberhaching, Germany, telephone: +49 - (0) 89 61 38 71 0, fax: +49 - (0) 89 61 38 71 20, e-mail: info@herold-va.de

1.2. Herold Fulfillment GmbH acts on behalf of Artigo GmbH, Staffelstrasse 12, CH- 8045 Zurich, telephone: +41 - 43 321 55 55, fax: +41 - 43 321 55 56, e-mail: info@artigo.ch

1.3. The version of the following General Terms and Conditions valid at the time the order is made are the sole terms and conditions that apply to business transactions between Herold Fulfillment GmbH and the ordering party. Herold Fulfillment GmbH shall not accept any different conditions from the ordering party, unless Herold Fulfillment GmbH has expressly agreed to them.

2. Conclusion of the contract

2.1. The contract may be concluded in German or English.

2.2. You can place an order in the online shop by putting the item in the virtual shopping basket using the “Add to cart” button. You can view the content of your cart at any time via the “View cart” menu or the button with the shopping cart icon. You can change the content of the shopping cart by changing the quantity of an item using the “-” and “+” buttons. A product can be removed by reducing the quantity to “0” using the “-” button or by clicking on the “Remove product” button.

2.3. If you want to order the selected items please click on “Checkout”. To place an order, you either have to sign in with an existing customer account or select “Continue as a guest”. If you select “Continue as a guest” you are given the opportunity to create a customer account using the “Sign up as a customer” button. After signing in with an existing customer account or if you continue as a guest, you will be requested to provide your address (and a delivery address if this is different) or check the registered address, confirm the shipping method and select a payment method. Next, you can check all the entries again and go back and correct them if required. You must also accept these General Terms and Conditions. You can cancel the order process at any time by closing your browser window.

2.4. Selecting the “Buy” button in the online shop means that a binding offer for concluding a contract of purchase, based on these General Terms and Conditions, is placed. The receipt of the order is confirmed by e-mail straight away. This e-mail also contains the contractual text (content of the order). We save the contractual text as well. This confirmation of receipt is sent automatically and does not constitute a declaration of acceptance. The contract of purchase is entered into when Herold Fulfillment GmbH accepts the offer placed in the order for the conclusion of a contract of purchase by delivering the goods ordered.

3. Consumers’ right of cancellation

3.1. If the ordering party is a consumer (i.e. a natural person who concludes a legal transaction for purposes which are primarily not attributable to his/her commercial activities or self-employed professional activities) he/she has a statutory right of cancellation.

3.2. Cancellation policy and sample cancellation form:

Cancellation policy

Right of cancellation

You have the right to cancel this contract without giving any reason within fourteen days.

The cancellation period is fourteen days from the day when you or a third party named by you, who is not the carrier, received the last goods.

To exercise your right of cancellation, you must inform us (Herold Fulfillment GmbH, Raiffeisenallee 10, 82041 Oberhaching, Germany, telephone: +49 - (0) 89 61 38 71 21 15, fax: +49 - (0) 89 61 38 71 21 20, e-mail: b.weiss@herold-va.de) of your decision to cancel this contract by means of a clear declaration (e.g. a letter sent by post, a fax or an e-mail). To do this, you can use the attached sample cancellation form but this is not obligatory.

To meet the cancellation deadline, it is sufficient if you send notification that you are exercising your right of cancellation before the cancellation period has expired.


Effects of cancellation

If you cancel this contract, we are obliged to reimburse all the payments we received from you, including the delivery charges (except for any additional costs arising from your selection of a method of delivery that differs from the cheapest standard delivery offered by us), without delay and within fourteen days from the day that we received notification of your cancellation of this contract, at the latest. To make this reimbursement, we use the same payment method that you used for the original transaction, unless something else has been expressly agreed with you; you will not be charged for this reimbursement under any circumstances. We are permitted to withhold the repayment until we have either received the returned goods or until you have provided evidence that you have sent the goods back, whichever is the earliest.

You must always return/transfer the goods to us without delay, within fourteen days of the day on which you inform us of the cancellation of this contract at the latest. The deadline has been adhered to if you dispatch the goods before the fourteen-day deadline has expired. You shall bear the direct costs of returning the goods.

You shall only bear the costs of any loss of value of the goods if this loss of value is caused by you handling the goods in a way that is not necessary to check the condition, properties and function of the goods.


The following form can be used for notification of cancellation but it is not mandatory.


Sample cancellation form


(If you want to cancel the contract please fill in this form and return it to us.) 
To Herold Fulfillment GmbH, Raiffeisenallee 10, 82041 Oberhaching, Germany, telephone +49 - 89 61 38 71 21 0, fax +49 - 89 61 38 71 21 20, e-mail: Info@herold-va.de: 
– I/we (*) hereby cancel the contract concluded by me/us (*) concerning the purchase of the following goods (*)/the provision of the following service (*) 
– Ordered on (*)/received on (*) 
– Name of the consumer(s) 
– Address of the consumer(s) 
– Signature of the consumer(s) (only with notifications on paper) 
– Date 
————————
(*) Cross out where inapplicable.

4. Non-availability provision

Herold Fulfillment GmbH reserves the right to not fulfil the order if the item is sold out at Herold Fulfillment GmbH. In this case, the ordering party is immediately informed of the non-availability and any purchase price already paid is reimbursed without delay. There is no contract of purchase concerning the item that cannot be delivered.

5. Delivery/shipping costs

5.1. In general, goods for addresses within Germany are dispatched after 2-3 working days; a particular delivery date is only assured if it has been expressly agreed. Damages for a delayed or incomplete delivery are ruled out, unless personal injury, damage to health or death are the result, or in cases of intent or gross negligence.

The ordering party will not incur additional charges for partial deliveries.

Delivery costs:

5.1.1 The prices for the goods offered are shown in euros. The prices at the time of ordering shall apply. All prices are inclusive of the statutory German VAT valid at the time of the delivery.

5.1.2 The ordering party shall bear the costs of delivery. The ordering party is informed of the delivery costs incurred when the order is confirmed. It is not possible for the ordering party to collect the goods him/herself.

5.1.3 For deliveries to countries outside Germany, additional taxes, customs charges and/or other costs may be incurred in addition to the delivery costs to be borne by the ordering party. These are not included in the prices and are also to be borne by the ordering party.

5.2. The ordering party will not incur additional charges for partial deliveries.

6. Payment

6.1. The prices are final prices in euros and they include statutory VAT.

6.2. Herold Fulfillment GmbH supplies goods after payment in advance. These other payment methods are possible: by credit card, i.e. Mastercard or VISA and payment via Paypal.

6.3. Credit card payments are processed by STRIPE, 185 Berry Street, Suite 550, San Francisco, CA 94107, USA, e-mail: info@stripe.com

7. Retention of ownership

The delivered products shall remain the property of Herold Fulfillment GmbH until full payment.

8. Complaints/warranty and customer service

8.1. Statutory warranty rights apply in the event that the goods ordered are faulty. These rights shall become statute-barred two years from goods receipt.

8.2. In the event of transportation damage or partial losses, we request that you identify this in the presence of the deliverer and have it verified by him/her. Your statutory warranty rights shall remain unaffected but, in doing so, you will help us to claim damages from the delivery company. If the ordering party is not a consumer (see Point 3.1.) rights in connection with obvious faults can only be exercised within 8 days from goods receipt.

8.3. You have a choice between the various statutory warranty rights. However, Herold Fulfillment GmbH is entitled to initially attempt subsequent performance by means of a delivery to replace the incorrectly delivered or faulty goods. Should replacement delivery be unsuccessful, you are entitled to exercise other warranty rights, such as a reduction in the purchase price or withdrawal from the contract. In the event of justifiable complaints, Herold Fulfillment GmbH shall immediately replace the incorrectly delivered or faulty goods with goods in perfect condition and will bear the resulting costs of postage.

8.4. Please address returns to:

Herold Fulfillment GmbH 
FAO Benedikt Weiss
Raiffeisenallee 10
82041 Oberhaching Germany

8.5. Customer service can be contacted between 8 a.m. and 5 p.m. on working days. The contact details are provided above in 1.1.

9. Copyright

We shall remain the owner of all copyrights and industrial property rights. Reproduction, except in cases permitted by law, leasing and public rendition (e.g. presenting, broadcasting, publishing on the internet) are only permitted with express agreement from the owner of the rights.

10. Data protection

The collection and use of the ordering party’s personal data is explained in the 
Expergolf Shop's Privacy Policy https://www.expertgolf.shop/en/l/privacy.

11. Final provisions

11.1. German law shall apply, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.

11.2. The sole place of jurisdiction for both parties is Munich, as long as the ordering party is a merchant, a legal entity under public law or a public-law special fund. However, Herold Fulfillment GmbH is also entitled to take legal action at the domicile of the contractual party.

11.3. Should one or more provisions of these General Terms and Conditions be invalid, this does not invalidate the entire contract. The invalid provision will be replaced by a relevant statutory provision.

 

These General Terms and Conditions have been translated from the German original. The German original is the binding version.

 

As of July 2, 2018

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