§1 Scope of application
- The following General Terms and Conditions specify the legal relationship between Hermey GmbH & Co. KG (hereinafter referred to as HERMEY) and a customer with regard to the acquisition and delivery of goods through the Fisherman's Friend StrongmanRun Webshop, based on the version valid at the time of ordering.
- Even if we do not expressly object them, terms of purchase and delivery of the customer will only be binding on HERMEY if they have been accepted by HERMEY in writing.
§2 Formation of contract
- The following regulations on formation of contract shall apply to orders through the Fisherman's Friend StrongmanRun Webshop (https://strongmanrun.hermeyshops.de/).
- In case of conclusion of contract, the contract will be entered into with
Hermey GmbH & Co. KG
Registration number HRA 61098
Registrar of companies with the district court of Hamburg.
- The presentation of the goods in our Online Shop does not represent a legally binding offer by us, but is only a non-binding invitation to the customer to order goods. On placing an order for the requested goods, the customer places a binding offer for the conclusion of a contract of sale.
- On receipt of an order in our Online Shop, the following regulations shall apply: the customer places a binding contractual offer by successfully passing the ordering procedure as specified for the Online Shop. Ordering will take place in accordance with the following steps:
- Selection of the requested goods
- Confirmation by clicking on the “Order” buttons
- Review of the details in the shopping basket
- Click on the “checkout” button
- Registration with the Online Shop after registration and entry of the user’s data (e-mail address and password). Repeated check and, where necessary, correction of the respective data that have been entered.
- Selection of the terms of payment and mode of transport
- Confirmation of the General Terms and Conditions
- Binding dispatch of the order by clicking on the button “Ordering with costs”
- Before definitely sending off the order, the customer may – by using the “Back” button offered by the Internet Browser used by him/her – after review of the data entered by him/her return to the Internet page where the details entered by the customer are recorded and may correct input errors or cancel the ordering procedure by closing the Internet browser. We immediately confirm the receipt of an order by means of an automatically generated e-mail (acknowledgement of receipt). This shall not yet be deemed as acceptance of the offer. Acceptance of the offer will take place in writing, in text form or by shipment of the ordered goods within a period of four weeks. After expiration of this period without delivery having been effected, the offer shall be deemed as rejected. The customer agrees that the personal data transmitted by him/her will be electronically stored by us. We are entitled to pass on those data necessary for contract implementation to appointed third parties for the purpose of implementing the contract. The orders will be stored by us.
§3 Prices, delivery costs
- All prices quoted are net prices. Additional costs include any value-added tax and costs of delivery which will always be stated and shown separately.
- The customer has the possibility of paying by invoice.
- If the customer has selected the option to pay in advance, he commits him/herself to paying the purchase price immediately after conclusion of contract. If the agreed purchase price is not received within 2 weeks, the seller reserves the right to cancel the order without any further notice to the customer.
- Unless otherwise stated in the product description, all items offered by us are immediately ready for shipment.
- If the customer has selected the option to pay in advance, we will not dispatch the goods until receipt of payment.
§5 Reservation of ownership
We reserve title to the goods until the purchase price has been paid in full.
§6 Revocation instruction
Powers of revocation
You can return the goods received without giving reason within a period of 14 days by sending the goods back. This period will begin on receipt of this instruction in text form (e.g. by display of the instruction in the Online Shop, as letter, facsimile or e-mail), but not prior to receipt of goods at the addressee (in case of repeated delivery of similar goods not prior to the first partial delivery) and not before we have fulfilled our obligations to provide information as defined in Article 246 § 2 in conjunction with § 1 sub-section 1 and 2 of the Introductory Act to the German Civil Code (EGBGB) as well as our duties in accordance with § 312g sub-section 1 clause 1 BGB (Civil Code) in conjunction with Article 246 § 3 EGBGB. Sending off the revocation or the goods in due time will ensure compliance with the revocation period.
You have to bear the regular costs of return.
Goods shall be returned to the following address:
Fisherman's Friend StrongmanRun Webshop
c/o Enorica GmbH
Facsimile: (040) 605 67 4 - 74
Consequences of revocation
In the event of effective revocation, services or payments received by both parties shall be returned and, as the case may be, benefits that might have been derived from the conclusion of contract have to be reimbursed. If the goods are returned in a deteriorated condition and in case of usage (e.g. benefit of use) where the goods cannot be returned or can only be returned in part or only in a deteriorated condition, you have to pay compensation to us to the extent of the respective value. You only have to pay compensation for the deterioration of goods as far as the deterioration is to be put down to a handling other than what is necessary for the examination of the properties and functionality of the goods. “Examination of the properties and functionality” means the testing and trying out of the respective goods in the same manner as it would be possible and common practice in a shop, for example. Obligations to reimburse payments have to be satisfied within 30 days. For you, this period shall commence on dispatch of the goods or of the revocation and for us on receipt of the returned goods.
Powers of revocation in accordance with §6 do not exist in the following cases:
- In the event of delivery of goods that have been produced according to the customer's specifications or clearly tailored to the customer’s personal needs, or which, due to their nature, are not suitable for return shipment.
- In the event of delivery of audio or video recordings or software, in cases where the delivered data carriers have been unsealed by the customer.
- In the event of delivery of newspapers, journals and magazines.
End of the revocation instruction
§7 Contract language
German is the only contract language available.
- Should any of these General Terms and Conditions or any other provision within the framework of this agreement be ineffective, this shall not affect the effectiveness of the other arrangements.
- If the purchaser does not have a place of general jurisdiction within the European Union, Hamburg shall be agreed upon as place of jurisdiction. With regard to entrepreneurs, legal entities under public law or special funds under public law, Hamburg shall be agreed upon as place of jurisdiction as far as permitted by law.
- All orders shall exclusively be governed by German law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. This shall also apply to cross-border deliveries.
§9 Order hotline
By using our order hotline, you can send us inquiries, complaints and claims regarding your orders in our Online Shop. The order hotline is available to you on Mondays to Thursdays from 9:00 am to 5:30 pm and on Fridays from 9:00 am to 3 pm at
Telephone: (040) 605 67 4 - 30
Facsimile: (040) 605 67 4 - 74
General Terms and Conditions as per November 2012