terms and conditions
Terms of Service
1. SCOPE OF APPLICATION
The following terms and conditions apply to all orders placed through our online shop by consumers and entrepreneurs.
A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they only become part of the contract if we have expressly consented to this.
2. CONTRACTUAL PARTNERS, CONCLUSION OF CONTRACT, CORRECTION OPTIONS
The purchase contract is concluded with HeatPaxx OHG.
The presentation of the products in the online shop is not a legally binding offer, but a non-binding online catalog. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the information provided in the order process and use the explained proofing tools. By clicking the order button, you are making a binding offer for the goods in the shopping cart. Confirmation of receipt of your order will be sent by email immediately after the order has been sent.
We will accept your offer within two days by
* we submit a declaration of acceptance in a separate email or
* we have the goods delivered or
* if necessary, the payment transaction is carried out by our service provider or the selected payment service provider. The time of execution of the payment transaction depends on the selected payment method (see under "Payment").
The alternative that is relevant for you depends on which of the listed events occurs first.
3. CONTRACT LANGUAGE, CONTRACT TEXT STORAGE
The language (s) available for the conclusion of the contract: German, English
We save the contract text and send you the order data and our terms and conditions in text form. For security reasons, the text of the contract is no longer accessible on the Internet.
4. TERMS OF DELIVERY
In addition to the stated product prices, there are also shipping costs. You can find out more about the amount of shipping costs in the offers.
We only deliver by post. Unfortunately, a self collection of the product is not possible.
The following payment methods are generally available in our shop:
Payment in advance
If you choose the payment method in advance, we will give you our bank details in a separate email and deliver the goods after receipt of payment.
Cash on delivery
You pay the purchase price directly to the deliverer. There are additional costs of 6 euros.
PayPal, PayPal Express
In order to receive the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, identify yourself with your access data and confirm the payment order. The payment transaction is carried out by PayPal immediately after the order has been placed. You will receive further information during the ordering process.
In cooperation with the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal") we offer you the following payment options as PayPal services. Unless otherwise regulated below, payment via PayPal Plus does not require registration with PayPal. You will receive further information with the respective payment option and during the ordering process.
In order to be able to pay the invoice amount using the PayPal payment option, you must be registered with PayPal, identify yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after the order has been placed.
Credit card through PayPal
Your card will be charged by PayPal after the goods have been dispatched.
Direct debit via PayPal
Payment by direct debit via PayPal requires an address and credit check and is made directly to PayPal. By confirming the payment order, you give PayPal a direct debit mandate. You will be informed by PayPal of the date of the account debit (so-called prenotification). The account will be debited after the goods have been dispatched.
Purchase on account via PayPal
The purchase on account via PayPal requires an address and credit check and is sent directly to PayPal.
In cooperation with the payment service provider "BillPay", operated by Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment options.
Payment via BillPay requires a successful address and credit check and is made directly to BillPay. You will receive further information with the respective payment option and in the order process.
Invoice via BillPay
The invoice amount is due after the goods have been dispatched and the invoice has been received.
Direct debit via BillPay
By submitting the order, you give BillPay a SEPA direct debit mandate. BillPay will inform you of the date of the account debit (so-called prenotification). The account is debited before the goods are dispatched.
6. RIGHT OF WITHDRAWAL
You have the statutory right of withdrawal, as described in the cancellation policy.
7. RESERVATION OF TITLE
The goods remain our property until full payment.
For entrepreneurs, the following also applies: We reserve ownership of the goods until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; You assign all claims arising from this resale - regardless of a combination or mixing of the reserved goods with a new item - in the amount of the invoice amount to us in advance, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you fail to meet your payment obligations. At your request, we will release the securities to which we are entitled insofar as the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.
8. TRANSPORT DAMAGE
The following applies to consumers: If goods are delivered with obvious transport damage, please report such errors to the deliverer as soon as possible and contact us immediately. Failure to lodge a complaint or to contact you has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to assert our own claims against the carrier or the transport insurance.
The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration is transferred to you as soon as we have delivered the item to the freight forwarder, the carrier or the person or institution otherwise assigned to carry out the shipment.
9. WARRANTIES AND GUARANTEES
9.1 RIGHT OF LIABILITY FOR DEFECTS
Unless otherwise expressly agreed below, the statutory right to liability for defects applies.
The following restrictions and shortened 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, body or health
* in the event of willful or grossly negligent breach of duty as well as malice
* in the event of a breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and compliance with which the contractual partner can regularly rely (cardinal obligations)
* as part of a guarantee promise, if agreed, or
* as far as the scope of the product liability law is opened.
Restrictions on entrepreneurs
With regard to entrepreneurs, only our own information and the manufacturer's product descriptions, which were included in the contract, apply as an agreement on the quality of the goods; We assume no liability for public statements by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for claims for defects in newly manufactured items is one year from the transfer of risk.
The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.
Regulations for merchants
The duty of inspection and notification of defects regulated in Section 377 of the German Commercial Code (HGB) applies to merchants. If you omit the notification regulated there, the goods are considered approved, unless there is a defect that was not recognizable during the examination. This does not apply if we have fraudulently concealed a defect.
9.2 WARRANTIES AND AFTER-SALES SERVICE
Information on any additional guarantees that may apply and their precise conditions can be found with the product and on special information pages in the online shop.
We are always unrestrictedly liable for claims based on damage caused by us, our legal representatives or vicarious agents
* in the event of injury to life, body or health,
* in the event of willful or grossly negligent breach of duty,
* for guarantee promises, if agreed, or
* as far as the scope of the product liability law is opened.
In the event of a breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and compliance with which the contractual partner is regularly responsible outside, (cardinal obligations) due to slight negligence on the part of us, our legal representatives or vicarious agents, the amount of liability is limited to the damage that was foreseeable at the time the contract was concluded and the occurrence of which must typically be expected.
In addition, claims for damages are excluded.
11. CODE OF CONDUCT
We have submitted to the following codes of conduct:
* Trusted Shops (https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf [https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf])
12. DISPUTE RESOLUTION
The European Commission provides a platform for online dispute resolution, which you can find here [https://ec.europa.eu/consumers/odr/]. Consumers have the opportunity to use this platform to settle their disputes.
To settle disputes arising from a contractual relationship with a consumer or whether such a contractual relationship even exists, we are obliged to participate in dispute settlement procedures before a consumer arbitration board. The federal universal arbitration board at the Center for Arbitration, Straßburger Straße 8, 77694 Kehl am Rhein, www.verbübers-schlichter.de [https://www.verbübers-schlichter.de] is responsible. We will take part in a dispute settlement procedure before this point.
13. FINAL PROVISIONS
If you are an entrepreneur, German law applies to the exclusion of the UN sales law.
If you are a merchant within the meaning of the 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 is our place of business.
General terms and conditions [https://legal.trustedshops.com/produkte/rechtstexter] created with the Trusted Shops [https://legal.trustedshops.com/] legal copywriter in cooperation with FÖHLISCH Rechtsanwälte [https://foehlisch.com].