Terms of Sale (HENI GmbH)
01. ABOUT US
We are Heni Gmbh trading as Heni Leviathan (“Heni Leviathan” “we” “our” or “us”), a limited liability company registered in Germany under company number HRB 83413. Our registered office is at Goslarer Strasse 10, 40595 Düsseldorf, Germany and our VAT number is VAT no: DE319135247.
You can contact us at customer–care@heni.com
02. ABOUT US AND THESE TERMS
These Terms of Sale contain all the terms and conditions on which we contract with buyers for the sale of our products via our site.
03. OUR CONTRACT
a) For all orders, once your order has been placed, we will send you an acknowledgment by email providing you with a customer order number and the cost of your order. This email is an acknowledgement that we have received your order and does not constitute acceptance of your order by us.
b) Unless we have notified you that we do not accept your order or you have cancelled your order in accordance with the cancellation procedures set out below, our acceptance of your order will take place when we notify you that the products ordered by you are ready to be dispatched, at which point a contract will come into existence between you and us.
c) We may be unable to accept your order. This might be because we are unable to obtain authorisation for your payment or we identify a product error or a pricing error or you are in breach of these Terms of Sale. If, for whatever reason, we do not accept your order, we will notify you of this and will refund to you any amounts that you have already paid to us for the product.
04. DESCRIPTION OF PRODUCTS
a) We will take all reasonable care to ensure that prices of products appearing on our site are correct at the time that the relevant information is entered onto the system. Although we aim to keep the site as up to date as possible, the information on the site at a particular time may not always reflect the position exactly at the moment you place an order.
b) Please note that all dimensions are approximate and illustrations and images are for identification and illustrative purposes only. Whilst we make every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the product. Products purchased may vary from the images shown.
c) The intellectual property rights in all images, photographs, illustrations and other content created by or for us relating to a product or the site is owned by us and you shall have no right, title or interest in or to such intellectual property rights and may not use such materials without our prior written consent.
05. PRICE AND PAYMENT
a) All prices and charges are shown in EURO. The actual amount to be paid in your home currency will be determined by the exchange rate used by your bank or credit card company when you are actually charged.
b) Shipping costs and VAT are payable where applicable in addition to the purchase price. Before completion of your order, we will provide you with a summary of each product ordered, the price (including all applicable VAT), and the cost of shipping.
c) Import Duties and Taxes: You are responsible for paying any taxes, customs duties and fees levied by local customs authorities (“Import Duties and Taxes”) which are triggered when a product is shipped to the country you designate. Where Import Duties and Taxes are due, you are solely responsible for paying them. We do not collect and pay Import Duties and Taxes on your behalf. You will need to pay any amounts due directly to the applicable customs authority. We are not able to offer any guidance on Import Duties and Taxes and we recommend that you contact your local customs office for details.
d) It is possible that, despite our best efforts, some of the products on our site may be incorrectly priced. If the correct price at the time of your order is higher than the price stated to you, we will contact you for instructions before we accept your order. If we accept and process your order where a pricing error could reasonably have been recognised by you as a mispricing, we may end the contract, refund to you any sums already paid and require that you return the products to us.
e) Payment may be made by any of the methods specified on our site. You must pay for the products before we dispatch them to you.
06. DELIVERY OF PRODUCT
a) We will deliver your purchased products to you by no later than three weeks after the date on which the contract is formed unless otherwise stated. Delivery will only be made once full payment for the products has been received from you. We are not responsible for any delays or additional charges resulting from destination customs clearance processes. Timing may be impacted by Covid-19 restrictions or delays.
b) We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Terms of Sale that is caused by any act or event beyond our reasonable control (“Event Outside Our Control”). If an Event Outside Our Control takes place that affects the performance of our obligations under the Terms of Sale (i) we will contact you as soon as reasonably possible to notify you; and (ii) our obligations under the Terms of Sale will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
c) Orders shall be delivered to the address indicated by you at the time of ordering, save that we will only deliver to those countries found on the list shown on our site at the time of ordering and we do not deliver to P.O. boxes. We cannot be liable for any loss suffered by you as a result of you supplying us with incomplete or inaccurate delivery information. We are unable to redirect orders once the products have been dispatched.
d) In the event that no one is available at your address to take delivery, a notice shall be left informing you of how to rearrange delivery or indicating from where the products may be collected. If you do not take delivery or collect the products within a reasonable time, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and charge you a reasonable amount by way of compensation for the costs that we incur as a result.
07. OWNERSHIP AND RESPONSIBILITY
You will own the products from the time when the contract between you and us is made. Ownership will immediately revert to us if we refund the price you have paid for the products.
The risk in and responsibility for the products will transfer to you from the time we deliver them to the address provided by you in your order. You are responsible for insuring the products from this point.
8. CANCELLATION AND RETURNS FOR CONSUMERS
a) If you are a consumer, you have a legal right to cancel your order at any time prior to delivery or within 14 days of delivery having been made (starting with and including the day after you receive the products). This right, under the Consumer Contracts Regulations 2013, is explained in more detail in these terms.
b) To exercise your right to cancel, please contact us before the end of the 14 day period informing us of your wish to cancel and providing details of your name, address, contact details, customer order number, the date on which your order was placed and the products to be returned. You may use the cancellation form in the Schedule to these Terms of Sale, but you do not have to. Any notice given by you after the 14 day time limit will not be effective to cancel your order.
c) If you cancel your order after the products have been dispatched to you (or at a time when it is too late for us to prevent them being dispatched), you must return them to us at Goslarer Strasse 10, 40595 Düsseldorf, Germany or such other address as we may specify) by recorded delivery within 14 days of notifying us that you wish to cancel the contract. You must retain the recorded delivery receipt for your own purposes in order to provide proof to us that you have returned the products should this be required. You are responsible for ensuring that the products are adequately protected during transit, bearing in mind their nature and value. products must be returned in a saleable condition. We ask that you return the products in the same packaging.
d) If you exercise your right cancel set out in this clause, you must pay the costs of return.
e) If you exercise your right to cancel, we will refund you the price you paid for the products, including delivery costs but subject to any applicable deductions as described in clause f below. The refund will be made to you by the method you used for payment.
f) In calculating the amount to be refunded to you:
(i) the maximum amount that we will refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.
(ii) we may make deductions to reflect any reduction in the value of the products that is the result of unnecessary handling of the products by you. If we make the refund to you before we are able to inspect the products and later discover that you have handled them unnecessarily, you must pay us an appropriate amount.
g) We will process any refunds due to you within 14 days from the day on which we receive the products back from you (or receiving evidence you’ve sent them to us). We will notify you by email once your refund has been processed.
h) Nothing in this clause affects any of your rights to reject products other than in accordance with your right to cancel under this clause. If you wish to exercise a right to reject the products, you must notify us and return the products to us in accordance with clause 8 b).
9. COMPLAINTS
If you have any questions or complaints about the products or our services please email us at [email protected]. .
10. OUR LIABILITY
a) References to liability in this clause 10 include every kind of liability arising under or in connection with these Terms of Sale including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
b) No provision in these Terms of Sale shall be deemed to exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence, our liability for fraud or fraudulent misrepresentation or any other liability which cannot be excluded or limited under applicable law.
c) Subject to clause 10 b) our total liability to you in connection with the sale of a product shall be limited to the total amount actually paid by you for the product.
d) Subject to clause 10 b), under no circumstances will we be liable to you for: (i) any loss of profits, sales, business, or revenue; (ii) loss or corruption of data, information or software; (iii) loss of business opportunity; (iv) loss of anticipated savings; (v) loss of goodwill; or (vi) any indirect or consequential loss.
e) All products, information and services made available through the site are provided on an “as is” and “as available” basis. We do not give any representation or warranty or assume any liability of any kind whatsoever, express or implied, in connection with these Terms of Sale, the site, our services or any products, except to the extent such representations and warranties cannot be excluded under applicable law, and no statement anywhere whether oral or writing shall be deemed to be such a representation or warranty.
f) The laws of some countries do not allow some or all of the disclaimers, limitations or exclusions described above. This is especially so if you are a consumer. If these laws apply to you, some or all of the above disclaimers, limitations or exclusions may not apply to you and you might have additional rights.
g) We are not responsible for any loss caused by or resulting from confiscation of a shipment of purchased products to any foreign country or state or risks of restricted transportation by any government or authority.
11. PERSONAL INFORMATION
We will only use your personal information as set out in our Privacy Policy.
15. FINAL PROVISIONS
a) We may amend these Terms of Sale from time to time. Every time you wish to use our site, please check these Terms of Sale to ensure you understand the terms that apply at that time.
b) We may transfer any of our rights and obligations under these Terms of Sale to another organisation. You may only transfer your rights or obligations under these Terms of Sale if we agree to this in writing.
c) Each of the clauses of these Terms of Sale operates separately. If any part of these Terms of Sale is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.
d) If you breach these Terms of Sale and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms of Sale. The rights and remedies in these Terms of Sale are cumulative and are not exclusive of any rights or remedies provided by law.
d) This agreement is between you and us. No other person shall have any rights to enforce any of its terms.
e) These Terms of Sale and their subject matter and formation (and any non-contractual disputes or claims) shall be governed by the laws of England and Wales.
f) Any disputes relating to these Terms of Sale shall be subject to the exclusive jurisdiction of the Courts of England and Wales.
SCHEDULE
MODEL CANCELLATION FORM
(Complete and return this form only if you wish to withdraw from the contract)
To [TRADER’S NAME, ADDRESS, TELEPHONE NUMBER AND, WHERE AVAILABLE, FAX NUMBER AND E-MAIL ADDRESS TO BE INSERTED BY THE TRADER]
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following Products [*]/for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s)(only if this form is notified on paper),
Date
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