terms & conditions

For all purchase agreements made on this page, the following terms and conditions apply.

§ 1 Scope and Parties

(1) These General Terms and Conditions, in the version applicable at the time an order is placed, govern the relationship between Maxi Hoffmann, hap ceramics, Mindener Str. 27, 40227 Düsseldorf (the "Seller") and the customer (the "Customer"), and apply to transactions at the Online Store (www.hap-ceramics.com), the "Online Store"). When placing an order the Customer can access the General Terms and Conditions via the links in the Online Store or save them on his computer and/or print them out.

Some clauses of these General Terms and Conditions only apply to the Customer if the Customer is a consumer according to Section 13 German Civil Code (“Bürgerliches Gesetzbuch”, BGB). The Customer is deemed to be a consumer if the Customer acquires the goods neither mainly associated with its commercial activities nor mainly associated with its self-employment. hap ceramics expressly makes clear any limitation of applicability of the respective Section.

(2) The following company provides customer service for the Online Store on the Seller's behalf. The Customer may contact it with questions, requests or complaints: Maxi Hoffmann, hap ceramics, Mindener Str. 27, 40227 Düsseldorf, Germany, E-mail: hello@hap-ceramics.com

§ 2 The Order Process

(1) The Online Store merely constitutes an invitation to the Customer to make an offer to enter into a purchase contract for the goods presented in the Online Store.

(2) The Customer may select items from the Seller's range of goods and collect these in a "Shopping Cart" by clicking on the "Add to cart" button. By clicking on the button “Complete Order”, the Customer makes an offer to purchase the goods that are in his Shopping Bag (the "Order").

(3) Goods will only be delivered in the quantities usual for private households. For business inquiries please contact hello@hap-ceramics.com.

(4) Before placing an Order, the Customer can view and amend the details of his Order at any time by clicking on the "Cart" button.

(5) After submitting his Order, the Customer will automatically be sent an acknowledgment of receipt by e-mail with a summary of the details of his Order. This automatic acknowledgment of receipt does not constitute acceptance of the Customer’s offer by the Seller; it merely documents the fact that the Seller has received the Customer’s Order.

(6) A binding contract of sale is first concluded when the Seller accepts the Customer’s Order. The Seller is entitled but not obliged to accept the Customer's offer within 7 days from its receipt. The Seller declares its acceptance by sending the Customer a dispatch confirmation by e-mail (also referred to as the "Contract Confirmation").

(7) If several items are included in an Order, a contract is only concluded in respect of the items expressly mentioned in the Contract Confirmation.

(8) The aforegoing also applies where, due to his selected method of payment, the Customer has already paid the purchase price or given payment instructions before the conclusion of the contract. If for any reason no contract is concluded, the Seller will notify the Customer of this by e-mail (in the case of contractual acceptance in respect of part of the Order, it will do this together with Contract Confirmation in respect of available items), and refund the Customer the pre-payment without delay.

(9) The Customer's statutory right of withdrawal (see § 7) remains unaffected by the preceding provision.

(10) The contract is concluded in English. The Seller will save a copy of the contract wording (consisting of the Order, the General Terms and Conditions and the Contract Confirmation), and forward it to the Customer.

§ 3 Delivery, Delivery Times, Availability of Goods

(1) Unless agreed otherwise, the goods will be delivered to the Customer at the delivery address provided. Delivery is only available within the EU. Delivery time for standard deliveries will be up to 14 business days from the contract confirmation within the European Union (subject to availability). Further information about the carrier used and the delivery process may be viewed on the Online Store's information pages.

(2) After the goods have been handed over to the carrier, the Customer will receive an e -mail with a confirmation of dispatch from the Seller and a tracking link allowing him to monitor the delivery status of his Order. The delivery is made through DHL.

(3) If the Seller is unable for reasons beyond his control to meet a binding delivery deadline (unavailability of goods, for example, due to failure of the Seller's own supplier to deliver or force majeure), it will inform the Customer without delay and, where applicable, specify a new estimated date of delivery. If the new delivery time is unacceptable to the Customer or the goods are also not available within the new delivery time or not available at all, either party will be entitled to rescind the contract in respect of the goods concerned; in this case the Seller will give the Customer a refund for any payment already made. Any statutory rights of the parties will remain unaffected.

§ 4 Prices and Delivery Charges

(1) All of the prices listed on the Seller’s website include no value-added tax due to the application of the small business regulation pursuant to Art. § 19 Sales Tax Law.

(2) The Seller will notify the Customer, where applicable, of the delivery charges as well as of any additional charges, e.g. for gift wrapping, on the order form immediately before the Order is placed. The Customer will bear the notified delivery charges and any additional charges. Shipping costs may vary depending on the country of the shipment. The final cost of shipping will be displayed in the checkout. All applicable duties and taxes are included. Please contact our customer service for any questions: hello@hap-ceramics.com

§ 5 Payment

(1) The Seller only accepts the methods of payment shown during the order process.

(2) To protect itself against the risk of default in payment by the Customer, the Seller reserves the right to exclude certain methods of payment in an individual case.

(3) For orders we offer the payment methods credit card, PayPal and Apple Pay. We reserve the right to exclude certain payment for certain clients.

(4) If you are paying by credit card, the value of the order will be debited from the account upon order completion.

§ 6 Retention of Title

Goods remain our property until full payment has been made.

§ 7 Transport Damages

If goods with apparent transport damages are delivered, please complain about such faults as soon as possible to the deliverer and contact us immediately. Should you find your item damaged upon arrival, please remember to take a photo showing how it was delivered to you before writing us. Failure to make a complaint or contact us has no consequences whatsoever for your statutory claims and their enforcement. However, you help us to be able to assert our own claims against the carrier or transport insurance.

§ 8 Right of Withdrawal

(1) Consumers as defined in § 13 German Civil Code have a legal right of withdrawal in the case of goods bought at a distance. The right of withdrawal does not apply to products that have been personalized for the customer. In accordance with the legal provisions, we would like to inform you about this right as follows:

Instruction on Withdrawal

We will gladly refund or replace any item that arrives damaged. Should you find your item damaged upon arrival, please remember to take a photo showing how it was delivered to you before writing us.

If you are not happy with your item, you may return your undamaged and unused purchase within 14 days. The customer is responsible for shipping charges associated with returning a non-damaged item.

The time limit begins after receipt of this instruction in text form, however not before receipt of the goods by the recipient (in case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also not before the fulfilment of our obligations under Article 246 § 2 in connection with § 1 paragraph 1 and 2 draft Law and our obligations according to § 312e Section 1 Clause 1 German Civil Code in conjunction with Article 246 § 3 German Civil Code. Personalised items are excluded from return and exchange.

Please note that refunds will be provided in the form of original payment.

The notice that you would like to return the goods must be sent to:
Maxi Hoffmann
Mindener Str. 27
40227 Düsseldorf
Germany

To exercise your right of withdrawal by e-mail, please e-mail us at: hello@hap-ceramics.com

(2) Model withdrawal form

Maxi Hoffmann
Mindener Str. 27
40227 Düsseldorf
Germany
E-Mail: hello@hap-ceramics.com

Hereby I give notice that I withdraw from my contract of sale of the following goods:

Ordered on*: ___

Received on*: ___

Name of consumer(s): __

Address of consumer(s): __

Signature of consumer(s):

(just if submitted on paper)

Date: ___

*Delete as appropriate.

(3) End of cancellation policy

The return of goods should be made to the following address:

Maxi Hoffmann
Mindener Str. 27
40227 Düsseldorf
Germany
E-Mail: hello@hap-ceramics.com

§ 9 Warranties and guarantees

Unless otherwise expressly agreed below, the statutory liability for defects applies (“Mängelhaftungsrecht“). The limitation period for claims for defects is one year from delivery of the goods. The above restrictions and shortened deadlines do not apply to claims based on damage caused by us, our legal representatives or vicarious agents [“Erfüllungsgehilfen”] in the event of injury to life, limb or health, in the event of willful or grossly negligent breach of duty or malice, in the event of a breach of essential contractual obligations, the fulfillment enables the proper execution of the contract in the first place and compliance with which the contractual partner can regularly rely on [“Kardinalpflichten”] within the framework of a guarantee promise, insofar as agreed or insofar as the scope of the Product Liability Act is open. Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.

§ 10 Liability

We are always liable without limitation for claims due to damages caused by us,
in the event of injury to life, body or health,
if the cause of damage is based on intentional or grossly negligent conduct,
to the extent of a guarantee assumed by us,
in the event of malicious concealment of defects, and
to the extent that the Product Liability Act applies.
In case of negligent behaviour on our part, on the part of our legal representatives or vicarious agents [“Erfüllungsgehilfen”], we shall only be liable in the event of a breach of material contractual obligations, the fulfilment of which is material for the proper performance of the contract and on the observance of which the contractual partner may ordinarily rely [“Kardinalpflichten”]. Our liability in this case shall be limited in amount to the damage which is foreseeable at the time of conclusion of the contract and the occurrence of which has to be typically expected.
Otherwise, our liability – including that for performing agents [“Erfüllungsgehilfen”] and vicarious agents [“Verrichtungsgehilfen”] – is excluded.

§ 11 Choice of Law and Jurisdiction

(1) Contracts between the Seller and the Customer as well as these General Terms and Conditions are governed by the laws of Germany.

(2) The contractual language is English

(3) These terms and Conditions as well as the further relationship between hap ceramics and the customer are subject to German law. The CISG does not apply.

Effective Date: 16th July 2020