Conditions of Use - Hago-Kelbor
General Terms and Conditions for Consumers
1. ScopeThese general terms and conditions (GTC) apply to all deliveries from Hago (Hago-Shop.de) to consumers (§ 13 BGB). A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession.2. Contractual PartnerThe purchase contract is concluded with:Hago, Martin Hackelbörger, Kolpingstr. 9, D-59329 Wadersloh.VAT ID No.: DE211979873 – Tel.: +49 2523 959611 – Service(at)hago-shop.de 3. Offer and Conclusion of Contract3.1 The product presentations in the online shop do not constitute legally binding offers but an invitation to place an order. Errors excepted.3.2 By clicking the [Buy] button, you place a binding order for the goods listed on the order page. 4. Right of Withdrawal for Consumers4.1 A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession.
Withdrawal InstructionsRight 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, took possession of the goods. To exercise your right of withdrawal, you must inform us
Hago, Martin Hackelbörger, Kolpingstr. 9, D-59329 Wadersloh
Phone number: 0049 2523 959611 – Email: Service (at) hago-shop.de
by means of a clear statement (e.g. a letter sent by post, fax, or email) of your decision to withdraw from this contract.
You may use the sample withdrawal form: Withdrawal Form PDF
or the electronic withdrawal form: Online Withdrawal Form
(fill it in and submit electronically), but this is not mandatory.
Any other clear declaration is also valid.
If you make use of this option, we will immediately send you confirmation (e.g. by email) of receipt of such a withdrawal. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
Effects of Withdrawal If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received your notice of withdrawal from this contract. For this repayment, we will use the same means of payment that you used in the original transaction unless expressly agreed otherwise with you; in no event will you be charged fees for this repayment. We may withhold reimbursement until we have received the goods back or until you have supplied evidence of having sent back the goods, whichever is earlier. You must return or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you inform us of the withdrawal of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You bear the direct cost of returning the goods. You are only liable for any diminished value of the goods if this loss of value is due to handling that is not necessary for checking the condition, properties, and functioning of the goods.
Exclusion of the Right of Withdrawal The right of withdrawal does not apply to contracts:
1) For the supply of goods that are not prefabricated and for which an individual choice or determination by the consumer is decisive, or which are clearly tailored to the personal needs of the consumer.
2) For the supply of goods that can spoil quickly or whose expiration date would quickly be exceeded.
3) For the supply of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
4) For the supply of goods which, after delivery, are inseparably mixed with other items due to their nature.
5) For the supply of alcoholic beverages, the price of which was agreed at the time of the conclusion of the contract, but which can only be delivered at the earliest 30 days after the conclusion of the contract, and whose current value depends on fluctuations in the market over which the trader has no influence.
6) For the supply of audio or video recordings or computer software in a sealed package if the seal was removed after delivery.
7) For the supply of newspapers, periodicals, or magazines with the exception of subscription contracts.
5. Prices and Shipping Costs 5.1 The prices stated on the product pages include statutory VAT and other price components.For deliveries to other EU countries, VAT will be adjusted to the rates applicable there. 5.2 In addition to the stated prices, we charge a flat rate of EUR 5.50 for delivery within Germany (free from EUR 30.00 order value). For deliveries outside Germany, see: Shipping Costs per order. The shipping costs will be clearly communicated to you again on the product pages, in the shopping cart system, and on the order page.6. DeliveryThe delivery time within Germany is up to 5 days. Any deviating delivery times will be indicated on the respective product page. A detailed explanation of delivery times (especially for other countries) can be found here: Delivery Times 7. Payment7.1 Payment can be made either by invoice, SEPA direct debit,or PayPal (including credit card).Invoice purchase (Germany): The purchase price is due within 10 days after receipt of the goods.Invoice purchase (EU abroad): The purchase price is due within 14 days after receipt of the goods.PayPal: If you choose a payment method offered by PayPal, payment processing will be carried out via PayPal in accordance with the PayPal Terms of Use.7.2 You are only entitled to offset if your counterclaims have been legally established, are undisputed, or acknowledged by us in writing.7.3 You may only exercise a right of retention insofar as the claims arise from the same contractual relationship.8. Retention of TitleThe goods remain our property until full payment has been made.GTC Version: August 2025End of the general terms and conditions for consumers.
General Terms and Conditions for Resellers (Traders)
1. Scope1.1 These terms and conditions apply to all current and future business relationships. Deviating, conflicting, or supplementary general terms and conditions shall not become part of the contract, even if known, unless their validity is expressly agreed to in writing.1.2 These terms and conditions apply exclusively to entrepreneurs, i.e. natural or legal persons or partnerships with legal capacity, with whom a business relationship is entered into, who act in the exercise of a commercial or independent professional activity.2. Contractual PartnerThe purchase contract is concluded with:Hago, Martin Hackelbörger, Kolpingstr. 9, D-59329 WaderslohVAT ID No.: DE211979873 – Tel.: +49 2523 959611 – Service(at)hago-shop.de 3. Conclusion of Contract3.1 All offers on our websites are non-binding and subject to change. This applies in particular to prices, illustrations, and brochures. Technical changes as well as changes in form, color, and/or weight remain reserved within reasonable limits.By ordering goods from us, the entrepreneur makes a binding declaration that they wish to purchase the ordered goods. We are entitled to accept the contractual offer contained in the order within two weeks of receipt. Acceptance may be declared either in writing or by delivery of the goods to the entrepreneur.3.3 Conclusion of the contract is subject to correct and timely delivery by our suppliers. This only applies in the event that non-delivery is due to an obstacle for which we are not responsible, in particular when a congruent hedging transaction has been concluded with our supplier. The entrepreneur will be informed immediately of the non-availability of the service. The consideration will be refunded immediately, insofar as it has already been paid.3.4 If the delivery time is not met, the entrepreneur may set a written grace period of at least 14 days. After this period expires fruitlessly, a further period of at least 10 days must be set. If this grace period also expires fruitlessly, the entrepreneur may withdraw from the purchase contract. Claims for damages are excluded unless the delay is due to intent or gross negligence on our part or on the part of one of our vicarious agents.4. Default of AcceptanceIf the entrepreneur is in default of accepting the goods when they are duly provided, we are entitled, after a grace period of at least 10 days, to demand damages or to withdraw from the contract.5. Warranty5.1 For defects in the goods, we initially provide warranty, at our option, by repair or replacement delivery.5.2 If the supplementary performance fails, the entrepreneur may generally demand a reduction of the purchase price (reduction) or rescission of the contract (withdrawal). In the case of only minor breaches of contract, especially in the case of only minor defects, however, there is no right of withdrawal. The entrepreneur must notify us of obvious defects in writing within four weeks of receipt of the goods; otherwise, the assertion of warranty claims is excluded. Timely dispatch shall be sufficient to comply with the time limit. The entrepreneur bears the full burden of proof for all claim requirements, in particular for the defect itself, for the time of discovery of the defect, and for the timeliness of the notice of defect.5.3 If the entrepreneur chooses to withdraw from the contract after failed supplementary performance, they shall not additionally be entitled to damages for the defect. If the entrepreneur chooses damages after failed supplementary performance, the goods shall remain with the entrepreneur if this is reasonable. Damages shall then be limited to the difference between the purchase price and the value of the defective item. This does not apply if we or one of our vicarious agents caused the breach of contract through gross negligence, intent, or fraudulent concealment.5.4 The warranty period for new goods is two years from delivery of the goods. For used goods, the limitation period is one year from delivery of the goods. This does not apply if the entrepreneur did not notify us of the defect in time (5.2).5.5 As the quality of the goods, only the product description on our part or that of the manufacturer is generally agreed. Public statements, promotions, or advertising by the manufacturer do not constitute contractual information about the quality of the goods.5.6 Guarantees in the legal sense are not provided by us. Manufacturer guarantees remain unaffected. 6. Transfer of Risk – Dispatch6.1 Shipping is carried out exclusively at the risk and expense of the entrepreneur. The risk of accidental loss and accidental deterioration of the goods shall pass to the entrepreneur upon delivery, in the case of a sale involving the carriage of goods, upon delivery of the item to the forwarding agent, carrier, or other person or institution designated to carry out the shipment.6.2 Delivery shall be deemed to have taken place if the entrepreneur is in default of acceptance.6.3 If the entrepreneur does not specify a special shipping method, we will dispatch the goods via the shipping method that appears most suitable to us.6.4 Transport damage must be reported immediately, and the goods must be returned to us with a declaration of acknowledgment by the forwarding agent, post office, railway, or other parcel service, together with an assignment declaration from the entrepreneur. Replacement delivery can then take place by us, provided the conditions for a claim against the transport company are met and the entrepreneur has provided all necessary documents and information.7. Remuneration7.1 After delivery of the goods to the entrepreneur, the invoice will be issued. Payment is due net without deduction within 14 days. The payment date is the day on which we have access to the money. Other forms require written confirmation.7.2 In the case of a sale involving the carriage of goods, the purchase price is understood to be plus transport costs (see 6.1).7.3 The entrepreneur has a right of set-off only if their counterclaims have been legally established or acknowledged by us. The entrepreneur may only exercise a right of retention if their counterclaim is based on the same contractual relationship.7.4 If payment is delayed, we are entitled to exclude the entrepreneur from further deliveries, even if they have already been confirmed, and to assert a corresponding right of retention. In exceptional cases, in particular if the entrepreneur is urgently dependent on delivery, which must be indicated and substantiated immediately after assertion of the right of retention, delivery will be made after prior confirmation by us against advance payment or cash on delivery. 8. Retention of Title8.1 We retain ownership of all goods delivered by us until the entrepreneur has paid all claims from the ongoing business relationship in full.8.2 The entrepreneur is entitled to resell the goods in the ordinary course of business. They hereby assign to us all claims in the amount of the invoice which accrue to them from the resale against a third party. We accept the assignment. After the assignment, the entrepreneur is authorized to collect the claim. We reserve the right to collect the claim ourselves as soon as the entrepreneur does not properly meet their payment obligations and is in default of payment.8.3 The entrepreneur is obliged to treat the goods with care. If maintenance or inspection work is required, the entrepreneur must carry this out regularly at their own expense.8.4 The entrepreneur is obliged to notify us immediately of any access by third parties to the goods, such as in the case of seizure, as well as any damage to or destruction of the goods. The entrepreneur further undertakes, in the event of seizure of the goods subject to retention of title or of claims assigned to us by third parties, to immediately inform the seizing party and the enforcement authorities both orally and in writing of our rights (retention of title) and to do everything else to protect our rights. The entrepreneur must also immediately notify us of any change of possession of the goods as well as their own change of residence or business location, as long as retention of title still exists. The entrepreneur must at all times prove, upon request, where the goods subject to retention of title are located.8.5 We are entitled to withdraw from the contract and demand the return of the goods in the event of conduct contrary to the contract on the part of the entrepreneur, in particular in the event of default of payment or breach of an obligation under 8.3 and 8.4 of this provision.8.6 Processing and transformation of the goods by the entrepreneur shall always be carried out in our name and on our behalf. If processing is carried out with items that do not belong to us, we shall acquire co-ownership of the new item in the ratio of the value of the goods delivered by us to the other processed items. The same applies if the goods are mixed with other items not belonging to us. 9. Final Provisions9.1 The substantive law of the Federal Republic of Germany shall apply.9.2 If the entrepreneur is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is our place of business. The same applies if the entrepreneur has no general place of jurisdiction in Germany or if their residence or habitual residence is not known at the time the action is filed.9.3 Should individual provisions of the contract with the entrepreneur, including these general terms and conditions, be or become wholly or partly invalid, the validity of the remaining provisions shall not be affected. The wholly or partly invalid provision shall be replaced by a provision whose economic effect comes as close as possible to that of the invalid one.GTC Version: August 2025End of the general terms and conditions for resellers.