General terms and conditions with customer information
- Conclusion of contract
- Right of withdrawal
- Prices and terms of payment
- Delivery and shipping conditions
- Liability for defects
- Special conditions for the processing of goods according to certain specifications of the customer
- Redemption of campaign vouchers
- Redeeming gift vouchers
- Applicable law, place of jurisdiction
1.1 These terms and conditions of HMT Beratung & Pixel GmbH (hereinafter “seller”) apply to all contracts that a consumer or entrepreneur (hereinafter “customer”) with the seller with regard to the goods and / or services presented by the seller in his online shop concludes. The inclusion of the customer’s own conditions is hereby contradicted, unless otherwise agreed.
1.2 A consumer within the meaning of these general terms and conditions is any natural person who concludes a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity. An entrepreneur in the sense of these general terms and conditions is any natural or legal person or a legal partnership who, when concluding a legal transaction, is exercising their independent professional or commercial activity.
2) Conclusion of the contract
2.1 The product descriptions contained in the seller’s online shop do not represent binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2 The customer can submit the offer using the online order form integrated in the seller’s online shop. After entering his personal data, the customer submits a legally binding contract offer with regard to the goods and / or services contained in the shopping cart by clicking the button that concludes the ordering process.
2.3 The seller can accept the customer’s offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the customer’s receipt of the order confirmation is decisive, or
- by delivering the ordered goods to the customer, whereby the customer’s receipt of the goods is decisive, or
- by asking the customer to pay after placing his order.
If there are several of the aforementioned alternatives, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. If the seller does not accept the customer’s offer within the aforementioned period, this is deemed to be a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent.
2.4 If the customer selects “PayPal Express” as the payment method during the ordering process, he also issues a payment order to his payment service provider by clicking the button that concludes the ordering process. In this case, contrary to Section 2.3, the seller already declares acceptance of the customer’s offer at the point in time at which the customer triggers the payment process by clicking the button that completes the order process.
2.5 The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer.
2.6 When submitting an offer via the seller’s online order form, the contract text is saved by the seller and sent to the customer in text form (e.g. e-mail, fax or letter) after submitting his order, along with these terms and conditions. In addition, the text of the contract is archived on the seller’s website and can be accessed free of charge by the customer via his password-protected customer account by entering the corresponding login data, provided that the customer has created a customer account in the seller’s online shop before submitting his order.
2.7 Before the binding submission of the order via the seller’s online order form, the customer can continuously correct his entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.
2.8 The German and French languages are available for the conclusion of the contract.
2.9 Order processing and contact take place via email and automated order processing. The customer must ensure that the e-mail address given by him to process the order is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned with the order processing can be delivered.
3) right of withdrawal
Consumers generally have a right of withdrawal. Further information on the right of cancellation can be found in the seller’s cancellation policy.
4) Prices and terms of payment
4.1 The prices quoted by the seller contain the statutory sales tax and other price components. Any additional delivery and shipping costs that may be incurred are specified separately in the respective product description.
4.2 The customer has various payment options available, which are specified in the seller’s online shop.
4.3 If prepayment has been agreed, payment is due immediately after the conclusion of the contract.
4.4 If the payment method delivery on account is selected, the purchase price is due after the goods have been delivered and invoiced.
If the payment method delivery on account is selected, the purchase price must be paid within 14 (fourteen) days of receipt of the invoice without deduction, unless otherwise agreed. The seller reserves the right to carry out a credit check if the payment method delivery on account is selected and to reject this payment method if the credit check is negative.
4.5 The credit card payment method requires a successful credit check by secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.de) ahead. If the customer is allowed to pay by credit card after checking the creditworthiness, the payment is processed in cooperation with secupay AG, to which the provider assigns his payment claim. Secupay AG collects the invoice amount from the customer’s specified credit card account. In the event of an assignment, payments can only be made to secupay AG with a debt-discharging effect. The credit card is charged immediately after the customer order has been sent in the online shop. Even if the payment method credit card payment via secupay AG is selected, the provider remains responsible for general customer inquiries, e.g. on goods, delivery time, dispatch, returns, complaints, revocation declarations and returns or credit notes.
5) Delivery and shipping conditions
5.1 The delivery of goods takes place regularly on the dispatch route and to the delivery address specified by the customer. When processing the transaction, the delivery address given in the seller’s order processing is decisive. Deviating from this, when choosing the PayPal payment method, the delivery address stored by the customer at PayPal at the time of payment is decisive.
5.2 If the transport company sends the goods back to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment.
5.3 In principle, the risk of accidental loss and accidental deterioration of the goods sold is transferred when the goods are handed over for dispatch or when they are handed over to the appointed transport person.
5.4 In the case of self-collection, the seller first informs the customer by email that the goods he has ordered are ready for collection. After receiving this email, the customer can collect the goods after consulting the seller. In this case, no shipping costs will be charged.
6) Liability for defects
The statutory liability for defects applies. If the customer is an entrepreneur, the deadlines for warranty claims against the seller are shortened to one year.
The seller is liable to the customer for all contractual, contractual and legal, including tortious claims for damages and reimbursement of expenses as follows:
7.1 The seller is fully liable for any legal reason
- in the event of intent or gross negligence,
- in the event of negligent or willful injury to life, body or health,
- on the basis of a guarantee promise, unless otherwise regulated in this regard,
- due to mandatory liability such as according to the Product Liability Act.
7.2 If the seller negligently breaches an essential contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless unlimited liability is assumed in accordance with Section 6.1. Essential contractual obligations are obligations that the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance of which the customer can regularly rely.
7.3 Otherwise liability on the part of the seller is excluded.
7.4 The above liability regulations also apply with regard to the liability of the seller for his vicarious agents and legal representatives.
8) Special conditions for the processing of goods according to certain specifications of the customer
8.1 The customer exempts the seller from claims by third parties that they can assert against the seller in connection with a violation of their rights through the contractual use of the customer’s content. The customer also assumes the reasonable costs of the necessary legal defense including all court and lawyer costs in the statutory amount. This does not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obliged to immediately, truthfully and completely provide the seller with all information that is necessary for the examination of the claims and a defense.
8.2 The seller reserves the right to refuse processing orders if the content provided by the customer for this purpose violates legal or official prohibitions or against common decency. This applies in particular to the provision of unconstitutional, racist, xenophobic, discriminatory, offensive, youth-endangering and / or violence-glorifying content.
9) Redemption of campaign vouchers
9.1 Vouchers that are issued free of charge by the seller as part of promotions with a certain period of validity and that cannot be purchased by the customer (hereinafter “promotional vouchers”) can only be redeemed in the seller’s online shop and only within the specified period.
9.2 Promotion vouchers can only be redeemed by consumers.
9.3 Individual products can be excluded from the voucher campaign, provided that a corresponding restriction results from the content of the campaign voucher.
9.4 Promotion vouchers can only be redeemed before the order process has been completed. Subsequent billing is not possible.
9.5 Only one campaign voucher can be redeemed per order.
9.6 The value of the goods must be at least equal to the amount of the campaign voucher. Any remaining credit will not be refunded by the seller.
9.7 If the value of the campaign voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.
9.8 The credit of a campaign voucher is neither paid out in cash nor is interest paid.
9.9 The campaign voucher will not be reimbursed if the customer returns the goods paid for in whole or in part with the campaign voucher within the scope of his contractual right of withdrawal, if such has been agreed.
9.10 The campaign voucher is only intended for use by the person named on it. A transfer of the campaign voucher to third parties is excluded. The seller is entitled, but not obliged, to check the material entitlement of the respective voucher holder.
10) Redeeming gift vouchers
10.1 Vouchers that can be purchased via the seller’s online shop (hereinafter referred to as “gift vouchers”) can only be redeemed in the seller’s online shop, unless otherwise stated in the voucher.
10.2 Gift vouchers and remaining balance of gift vouchers can be redeemed by the end of the third year after the year in which the voucher was purchased. Remaining credit will be credited to the customer until the expiry date.
10.3 Gift vouchers can only be redeemed before the order process has been completed. Subsequent billing is not possible.
10.4 Only one gift voucher can be redeemed per order.
10.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of other gift vouchers.
10.6 If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.
10.7 The balance of a gift voucher is neither paid out in cash nor is interest paid.
10.8 The gift voucher is only intended for use by the person named on it. A transfer of the gift voucher to third parties is excluded. The seller is entitled, but not obliged, to check the material entitlement of the respective voucher holder.
11) Applicable law, place of jurisdiction
11.1 If the customer acts as a consumer within the meaning of section 1.2, Swiss law applies to all legal relationships between the parties, excluding the UN Convention on the International Sale of Movable Objects, and the exclusive place of jurisdiction for all disputes arising from this contract is the customer’s place of residence.
11.2 If the customer acts as an entrepreneur within the meaning of section 1.2, the exclusive place of jurisdiction for all disputes arising from this contract is the seller’s place of residence or business.