GENERAL TERMS AND CONDITIONS
(THE GENERAL TERMS AND CONDITIONS ALSO CONTAIN INFORMATION ON THE STATUTORY PROVISIONS FOR
DISTANCE CONTRACTS OF ONLINE ORDERS OF GOODS [DISTANCE SALES INFORMATION])
Status: 4th of August 2016
Article 1 – Scope
The General Terms and Conditions shall apply in their respectively current version for the online contractual relationship between Hirmer GROSSE GROESSEN Online GMB (Hirmer) and the buyer of goods from the Hirmer online shop.
Subsequent regulations in contrast to or deviating from the General Terms and Conditions of the buyer shall not be applicable.
Article 2 – Conclusion of contract, visibility of the contractual data after conclusion of the contract
Goods can only be ordered from the homepage of Hirmer (www.hirmer-big-tall.com).
Once you, as the buyer, have selected all the goods you wish to purchase on the above-mentioned homepage by using the menu option “Add to Cart”, have then entered the necessary personal data and a different delivery address if applicable and, in a third step, have selected one of the possible payment options (cf. article 4), all data will be displayed again in full as a summary. You can then check all the information and make any necessary or desired changes. Only when you are placing the order in the next step, by clicking on the menu option ”Submit Order”, are you submitting an offer within the meaning of articles 145 et seq. BGB (German Civil Code) for the conclusion of a sales contract for the goods in the cart.
You will receive confirmation of receipt of the order by e-mail (order confirmation). The order confirmation merely serves as notification of the actual receipt of the order with Hirmer and does not yet represent an acceptance of the contractual offer.
A contract between the customer and Hirmer is only concluded when Hirmer accepts your offer by shipping the goods and sending a further e-mail to the customer confirming the shipment of the goods (shipping confirmation) within a period of 5 days. With the acceptance of the offer by Hirmer, a sales contract between the customer and Hirmer applies only to the goods listed in the shipping confirmation. Goods from the same order that are not listed in the shipping confirmation do not form part of the sales contract.
If, at the time the order is placed, the goods are not in stock but become available again within the next few days, the customer, prior to selecting his/her method of payment, shall receive notification of a partial delivery option. You, i.e. the customer, can then decide if you already want to make a purchase offer for the part of the order that can only be delivered at a later stage. The goods that will be available at a later stage will then be sent to you as soon as possible by means of a separate shipment. In the case of partial deliveries, shipping costs or possible cash on delivery charges (cf. article 5) are incurred only once (payable at the first partial delivery).
Please note that Hirmer sells goods only in normal household quantities. This applies both to the quantity of the ordered goods in relation to an order as well as to placing several orders for the same goods where individual orders comprise household quantities.
Hirmer is not obliged to accept orders. This decision is at the discretion of Hirmer. If Hirmer does not accept your contractual offer, Hirmer will notify you immediately and in writing, also permissible by e-mail. This applies in particular also to orders from abroad or deliveries abroad.
You can view the General Terms and Conditions that form part of the sales contract on the Hirmer home page under www.hirmer-big-tall.com, even after the contract has been concluded. You can also print them from there and/or save them locally as a PDF file to a suitable data carrier. The normal functionality of the relevant internet service program can be used for printing or saving (“File”, “Print” or “Save as”).
The remainder of the sales contract is not saved by Hirmer and can no longer be retrieved after completion of the ordering process. You can however print the order data immediately after placing the order or view the order data in the order confirmation sent to you.
Article 3 – Main performance characteristics of the contract and contract period
After conclusion of the contract, Hirmer is obliged to send the ordered goods to the delivery address as soon as possible.
The customer is obliged to pay the price for the goods and the delivery (article 5).
Article 4 – Due date of the purchase price, payment methods, objections
The goods are dispatched only if payment is made in advance unless payment is made by cash on delivery or on account. If an order cannot be shipped, you will be credited for any advance payment immediately.
The price of ordered goods or shipping costs due (article 5) becomes due upon placement of the order. If you have agreed to a partial delivery in accordance with article 2, due to temporary lack of availability of the desired goods, the price for the goods that are to be sent at a later stage will also be due upon placement of the order. In case of payment by cash on delivery, the price for the goods will be due only upon delivery of the goods, in case of payment on account they will fall due upon the due date indicated in the invoice.
You can pay for the goods either by credit card (American Express, Visa or Mastercard), by immediate transfer, by PayPal, on account, by direct debit, voucher or cash on delivery. Purchase on account or cash on delivery is only possible within Germany. Immediate transfer is possible in Austria, Belgium, the Czech Republic, France, Germany, Italy, the Netherlands, Poland, Slovakia, Spain and Switzerland.
You are only entitled to set-off if and insofar as your counterclaims have been deemed legally valid or are undisputed; this shall not apply to claims on account of defective goods. You are only authorised to exercise a right of retention to the extent that your counterclaim is based on the same contractual relationship.
For purchase on account, the invoice amount falls due on the calendar day indicated in the invoice for payment to our external partner Billpay GmbH. The purchase on account method of payment does not apply to all offers and is, inter alia, subject to a successful credit check by Billpay GmbH. If the customer is granted purchase on account following a credit check, the payment is processed in collaboration with Billpay GmbH, to whom we assign our payment claim. In this case, the customer can only make payment to Billpay GmbH with debt-discharging effect. We shall remain responsible for general customer enquiries (e.g. in relation to goods, delivery time, shipping) returns, reclamations, cancellation and deliveries for purchases on account via Billpay. The General Terms and Conditions of Billpay GmbH shall apply.
If the payment method “amazon pay” is selected, the payment is processed via the payment service provider Amazon Payments Europe s.c.a., 38 avenue J.F. Kennedy, 1855 Luxembourg. To use this method, you will need an Amazon account to which the payment is charged. The Amazon terms and conditions of use apply, available at www.amazon.de.
If the payment method “Sofort transfer” is selected, the payment is processed via the payment service provider Sofort GmbH, Theresienhöhe 12, 80339 Munich, Germany. The data required for the transfer is collected by Sofort GmbH and transmitted to your bank. Transfer fees may be charged by your bank.
If the payment method “direct debit” is selected, you must grant us a SEPA mandate so that we can withdraw the purchase total from your bank account via direct debit.
If the payment method “credit card” is selected, we transfer the payment details to the respective credit card company, which will charge the purchase total to your card.
If the payment method “purchase against invoice” is selected, we will transfer your details to the payment service provider BillPay GmbH, Zinnowitzer Str. 1, 10115 Berlin, Germany. We transfer the purchase price claim to BillPay, and BillPay will issue you with the invoice.
If the payment method “cash on delivery” is selected, you will receive your package from the delivery service provider DHL Paket GmbH, Sträßchensweg 10, 53113 Bonn, Germany after payment of the owed amount (purchase total plus €3.00 cash on delivery fee).
Article 5 – Delivery, delivery costs, risk-bearing, agreement on return costs
The goods are dispatched by Hirmer BIG & TALL, Online Shop, registered office in 81829 München, Stahlgruberring 20. The ordered goods shall be sent as soon as possible to the delivery address (shipping address) indicated with the order. Delays and additional costs due to difficulties associated with the delivery to the shipping address shall be borne by the buyer. In the event of default by Hirmer, for which Hirmer is responsible, article 14 shall apply for the limitation of liability.
Delivery is made by a delivery service qualified for this purpose. DHL currently provides this service. Hirmer reserves the right to change the delivery service for reasons of cost efficiency.
For deliveries within Germany, Hirmer charges €5.95 per order, irrespective of the order value. For partial deliveries, the shipping costs will only be charged once. If you would like to receive your goods sooner (express delivery, 24 hour service), a shipping surcharge of €10.00 per order applies (€15.95 in total). Express delivery is made on the next working day after placement of the order. The order must be received no later than 1pm to be delivered the next day. If an order is placed on a Saturday or Sunday/holiday (including 24/12 and 31/12), delivery will be made on the second working day after placement of the order. If you have selected cash on delivery as the payment method, an additional COD charge of €3.00 applies. This is payable to the respective delivery service.
For deliveries within Austria, Hirmer charges €5.95 per order, irrespective of the order value. Express delivery (24 hour service) is possible in individual cases on request. In this case, Hirmer is entitled to apply a shipping surcharge of up to €150.00 per order. The exact express delivery costs to Austria are determined by the size and weight of the shipment and can be obtained upon request. Express delivery is made on the next working day if the order is placed on a working day. The order must be received no later than 1pm to be delivered the next day. If an order is placed on a Saturday or Sunday/holiday (including 24/12 and 31/12), delivery by way of express delivery will be made on the second working day after placement of the order.
For deliveries within Switzerland, Hirmer charges €23.80 per order, irrespective of the order value. Express delivery (24 hour service) is possible in individual cases on request. In this case, Hirmer is entitled to apply a shipping surcharge of up to €150.00 per order. The exact express delivery costs to Switzerland are determined by the size and weight of the shipment and can be obtained upon request. Express delivery is made on the next working day after placement of the order on a working day. The order must be received no later than 1pm to be delivered the next day. If an order is placed on a Saturday or Sunday/holiday (including 24/12 and 31/12), delivery will be made on the second working day after placement of the order.
For deliveries outside Germany, Austria and Switzerland, Hirmer applies a charge of a minimum of €16.95 up to a maximum of €50.38. The legal regulations apply in relation to the risk of loss, damage or theft of the goods.
If you exercise your right of withdrawal, you will have to bear the ordinary costs for returning the goods if the delivered goods match the ordered goods and the price of the goods to be returned does not exceed a value of 40 euro, or if, at the time of the withdrawal, you have not rendered payment or a contractually agreed partial payment for goods of a higher value.
Otherwise the return shipment is free of charge.
Article 6 – Retention of title
With consumer contracts, we shall retain the title of the merchandise until all payments have been received in full. If you are a contractor acting in a commercial or independent professional capacity, a legal entity under public law or special fund under public law, we reserve the ownership of the item purchased until all outstanding receivables resulting from the business relationship with the buyer have been settled. The respective rights of protection from risks are transferable to third parties. You only qualify for the right of compensation when the counterclaims are declared legally valid or are undisputed and accepted by us. Furthermore, you are entitled to a right of retention only in so far as your counterclaim is based on the same contractual relationship. If the customer defaults on any payment obligations, all existing outstanding claims are immediately due.
Articles 7 – Right of withdrawal and cancellation policy
You have the right to withdraw from the contract within fourteen (14) days without having to justify the withdrawal. The withdrawal period is fourteen (14) days from the day on which you or a third party, other than the carrier and nominated by you has acquired the material possession of the goods. For goods that are together and delivered separately, the withdrawal period is fourteen (14) days from the day on which you or a third party, other than the carrier and nominated by you has acquired the material possession of the last goods. In order to exercise your right to withdraw, contact us at
Hirmer Grosse Groessen Online GmbH
81829 Munich, Germany
Hirmer BIG & TALL Hotline: +44 122 397 6344 (calls from the German land-line network are free of charge)
Monday - Friday 9am - 6pm
You need to include a clear statement (e.g. a letter sent by post or e-mail) indicating your decision to withdraw from the contract. You can also use our website http://www.hirmer-big-tall.com/withdrawal_form/ to fill in the withdrawal form or provide another clear statement in electronic format. If you use this option, we will send you an immediate confirmation (e.g. by email) of receipt of your statement of withdrawal. To comply with the time limit, it is sufficient that the statement on exercising the right of withdrawal is sent before expiry of the withdrawal period.
You can find the withdrawal form for Hirmer BIG & TALL in PDF format here.
Consequences of withdrawal
If you withdraw from the contract, we are obliged to refund you any payment, including delivery costs, that we have received from you (with the exception of additional costs resulting from selecting a different type than the standard and most economical type of delivery offered by us). Payment must be refunded immediately or no later than within fourteen (14) days from the day of receipt of your statement of withdrawal from the contract. For the refund, we will use the same means of payment initially used by you in the original transaction unless we have explicitly agreed otherwise with you, in which case the refund will not incur any fees. We may refuse to refund you until we have received the returned goods or until you have furnished proof of having sent the goods, whichever is the earliest.
You must send or hand over the goods immediately, but at the latest within fourteen (14) days from the day you have informed us of your withdrawal from the contract to the following address:
Hirmer Grosse Groessen Online GmbH
81829 Munich, Germany
. The time limit shall be met if you send the goods before expiry of the fourteen (14) day period. We shall bear the costs incurred for returning the goods. You shall only be liable for any diminished value of the goods resulting from the handling other than what is necessary to ascertain the nature and functioning of the goods.
If you return the goods to us within the withdrawal period and without providing reasons, we shall understand this as you exercising your right of withdrawal.
End of the cancellation policy
Article 8 – Reimbursement of the purchase price
If, due to a withdrawal, you have a reimbursement claim against Hirmer to the value of the purchase price, please provide your bank details at the time of withdrawal or when returning the goods as the purchases price has already been paid by you. For non-German bank accounts, please also include the BIC and IBAN numbers of the bank keeping the account. Hirmer shall transfer the respective amount to the named account within ten (10) banking days (Munich location) after receipt of the returned goods and having received notification of the full bank details, taking into account any counterclaims in accordance with article 7. The submission date of the remittance order by Hirmer is deemed to be in due time. In the event of default by Hirmer, for which Hirmer is responsible, article 14 shall apply for the limitation of liability.
Article 9 – Warranty terms
The current legal regulations apply to the warranty. Not included in the warranty are damages due to natural wear and tear, improper use and a lack of care or incorrect care.
In case of a claim under the warranty, please contact:
Hirmer Grosse Groessen Online GmbH
81829 Munich, Germany
Telephone: +44 122 397 6344
Article 10 – Value added tax and currency
All prices are inclusive of the respective statutory value-added tax. The currency valid for www.hirmer-big-tall.com is EURO.
Article 11 – Campaign Vouchers
Campaign vouchers can only be redeemed in the online shop of the seller. They cannot be exchanged for the equivalent value in cash.
Every voucher has a defined validity period. After that, the voucher becomes invalid without replacement.
The following terms apply to the redemption of vouchers:
•Only one voucher may be redeemed per order. Vouchers cannot be combined with other benefits.
•The value of the ordered goods must be at least equivalent to the value to the voucher. If stated on the voucher, a higher minimum order value may apply.
•Vouchers must be redeemed before completing the order process. Retroactive redemption of vouchers is not possible.
•Once redeemed, the voucher is not valid for another use. Any leftover value cannot be used for another order. Vouchers are transferable. The seller can pay the respective holder, who redeems the voucher in the online shop of the seller, with discharging effect. This does not apply if the seller has knowledge or negligent ignorance of the respective holder’s non-entitlement, legal incapacity or lack of representative authority.
If the voucher is lost, a replacement cannot be provided by the seller.
If you exercise your right to withdrawal, the discounted sale price will be refunded. You are not entitled to a refund of the value of the voucher.
Article 12 – Gift Vouchers
Gift vouchers can be redeemed in the online shop of the seller or in any branch store.
Any leftover value can be redeemed on additional orders or purchases.
Gift vouchers are valid for three years from the end of the year in which the gift voucher was purchases. After that, the voucher becomes invalid without replacement.
A cash payment or retroactive redemption of the gift voucher on orders or purchases already made is not possible.
Vouchers are transferable. The seller can pay the respective holder, who redeems the voucher in the online shop of the seller, with discharging effect. This does not apply if the seller has knowledge or negligent ignorance of the respective holder’s non-entitlement, legal incapacity or lack of representative authority.
If the voucher is lost or stolen, a replacement cannot be provided by the seller.
If you exercise your right to withdrawal, the discounted sale price will be refunded. You are not entitled to a refund of the full or partial value of the voucher that was redeemed on the order.
Article 13 – Notices
These General Terms and Conditions in their respective current versions and all other notices in relation to the goods can be viewed on the home page listed in article 2 and in any of the Hirmer stores.
Article 14 – Company data
One of the main business activities of Hirmer Grosse Groessen Online GmbH (Hirmer) is the trade and sale of menswear.
Detailed company information:
Hirmer Grosse Groessen Online GmbH
81829 Munich, Germany
Telephone: +44 122 397 6344
HRB 186877, registered office Munich
Munich District Court
VAT ID No.:
Article 15 – Disclaimer for external links
On its webpages, Hirmer BIG & TALL refers to other Internet links. The following applies to all of those links: Hirmer BIG & TALL expressly declares that Hirmer BIG & TALL has no influence whatsoever on the contents of linked pages. Hirmer BIG & TALL therefore explicitly dissociates itself from all contents of all linked pages by third parties on www.hirmer-big-tall.com and does not adopt their contents. This declaration applies to links that are displayed as well as all contents of pages to which links are provided.
Article 16 – Disclaimer for representation obligation
Hirmer BIG & TALL is only liable for damages arising from an at least grossly negligent breach of duty on the part of Hirmer BIG & TALL or from an intentional or grossly negligent breach on the part of a legal representative or fulfilment assistant of Hirmer BIG & TALL. Claims based upon damage culpably caused to a person's life, body or health, culpable breach of a cardinal obligation (material contractual obligation whose fulfilment is essential for the due and proper implementation of the contract and on which the other contracting party may rely) as well as based on the German Product Liability Act, shall remain unaffected.
Article 17 – Image rights
Hirmer BIG & TALL or the partners of Hirmer BIG & TALL have the right to all images and graphics on the Hirmer BIG & TALL website. A use without explicit approval is not permitted.
Article 18 – Applicable law, jurisdiction and language
The business relationship shall be governed by German law to the exclusion of UN sales law. The manner in which German law is applied shall not however result in the customer losing protection afforded by the consumer protection laws applicable in the country where he is normally resident.
Article 19 – Notes for dispute resolutions for consumers:
We always seek to find agreement with our customers. Please use our service at email@example.com or the other contact options provided. The European Commission provides an Online Dispute Resolution (ODR) platform with further information that can be contacted at http://ec.europa.eu/consumers/odr/. We are not willing and not obligated to participate in a dispute settlement procedure with a consumer arbitration board.
Article 20 – Final provisions
Hirmer BIG & TALL is authorised to send contract-relevant and contract-effective communication such as the acceptance of the contract by legally binding electronic means (e-mail) to the buyer within the context of an e-mail address provided during the placement of an online order.