General terms and conditions

1. Scope of application

For all orders via our online shop by consumers and entrepreneurs, the following terms and conditions apply.

A consumer is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his self-employed professional activity. Entrepreneur is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.

These General Terms and Conditions shall also apply to future business relations with entrepreneurs without us having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they shall only become part of the contract if we have expressly agreed to them.

2. Contracting party, conclusion of contract

The sales contract is concluded with CHICO Hängematte GmbH.

By placing the products in the online shop, we make a binding offer to conclude a contract for these articles. You can initially place our products in the shopping basket without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the order process. The contract is concluded by clicking on the order button to accept the offer for the goods contained in the shopping cart. Immediately after sending the order you will receive another confirmation by e-mail.

A binding contract may also be concluded as follows:

• If you have chosen credit card payment, the contract is concluded at the time the credit card is charged.

The languages available for the conclusion of the contract are German and English.

We save the contract text and send you the order data and our general terms and conditions by e-mail. You can also view the general terms and conditions here on this page at any time. For security reasons, your past orders are no longer accessible via the Internet.

3. Terms of delivery

In addition to the indicated product prices there are shipping costs. You can find out more about the shipping costs in the offers.

In principle you have the possibility to pick up your hammock at CHICO Hängematte GmbH, Haugsberg 13, 4151 Oepping, Austria during the following business hours: Mon - Fri 7:30 to 12:00 o'clock and 12:30 to 17:00 o'clock.

We do not deliver to packing stations.

4. Payment

The following payment methods are available in our shop:

Prepayment
If you choose the payment method prepayment, we will give you our bank details in the order confirmation and deliver the goods after receipt of payment.

Credit card
Your credit card will be charged upon completion of the order.

If you choose the payment method credit card, no additional costs will incur.

EPS-Online Bank Transfer
With the payment method EPS-Online Bank Transfer you will be directly connected to your accustomed online banking system. Once you have registered, a prefilled transfer form will be displayed. Then select your direct debit account and confirm the transfer with TAN.

No additional registration is required to use EPS-Online Bank Transfer. EPS-Online Bank Transfer is free of charge and guarantees easy, convenient and secure payment.

5. Right of withdrawal

Consumers are entitled to the statutory right of revocation as described in the revocation instructions. Entrepreneurs are not granted a voluntary right of revocation.

6. Retention of title

The goods remain our property until full payment has been made.

In addition, the following applies to entrepreneurs: We reserve the right to ownership of the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the reserved goods with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorised to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations.

7. Transport damages

The following applies to consumers: If goods with obvious transport damages are delivered, please, notify the deliverer as soon as possible and immediately contact us. If you faile to lodge a complaint or to contact us, there will not be any consequences whatsoever for your legal claims and their enforcement, and, in particular, for your warranty rights. However, they help us to be able to assert our own claims against the carrier or transport insurance.

The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration shall pass onto you as soon as we have delivered the goods to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. Among merchants, the obligation to examine and give notice of defects regulated in § 377 HGB (German Commercial Code) applies. If you omit the notification regulated there, the goods shall be deemed to have been accepted unless the defect was not identifiable during the inspection. This shall not apply if we have fraudulently concealed a defect.

8. Warranties and guarantees

Unless expressly agreed otherwise below, the statutory liability for defects shall apply.

For consumers, the limitation period for warranty claims for used goods is one year from delivery of the goods.

For entrepreneurs, the limitation period for warranty claims is one year from the transfer of risk; the statutory limitation period for the right of recourse according to § 478 BGB remain unaffected. For entrepreneurs, only our own details and the manufacturer's product descriptions which were included in the contract shall apply as an agreement on the quality of the goods; we assume no liability for public statements made by the manufacturer or for any other advertising statements.

If the delivered item is defective, we shall initially provide warranty to entrepreneurs at our discretion by remedying the defect (subsequent improvement) or by supplying a defect-free item (replacement delivery). The above restrictions and shortening of deadlines do not apply to claims based on damage caused by us, our legal representatives or vicarious agents.

• in the event of injury to life, limb or health
• in case of intentional or grossly negligent breach of duty and fraudulent intent
• in the event of breach of material contractual obligations, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
• within the framework of a guarantee promise, if agreed
• to the extent that the scope of application of the Product Liability Act has been opened up.

For information on any additional warranties that may apply and their exact terms, please refer to the respective product and special information pages in the online shop.

9. Liability

For claims due to damages caused by us, our legal representatives or vicarious agents, we are always liable without limitation

• in the event of injury to life, limb or health
• in case of intentional or grossly negligent breach of duty
• in the case of guarantee promises, if agreed
• to the extent that the scope of application of the Product Liability Act has been opened up.

In the event of a breach of material contractual obligations, the fulfilment of which is essential for the proper performance of the contract and on the compliance with which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.

Otherwise, claims for damages are excluded.

10. Code of conduct

We have submitted to the following codes of conduct:
Trusted Shopshttps://www.trustedshops.de/guetesiegel/

11. Final provisions

If you are an entrepreneur, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you shall be our place of business.