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1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of HT Venture GmbH (hereinafter referred to as "we/us") apply to all contracts for the delivery of goods that you, as a consumer or entrepreneur (hereinafter "you"), conclude with us regarding the goods presented by us in our online shop. We hereby object to the inclusion of your own terms and conditions, unless otherwise expressly agreed with you.
1.2 You are a consumer within the meaning of these GTC if you conclude a legal transaction for purposes that are predominantly outside your trade, business, or profession.
1.3 You are an entrepreneur within the meaning of these GTC if you are a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of your trade, business, or profession.
2.1 The product descriptions contained in our online shop do not constitute binding offers on our part, but serve for the submission of a binding offer by you.
2.2 You can submit the offer via the online order form integrated into our online shop. In doing so, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, you submit a legally binding contractual offer with respect to the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, you may also submit the offer to us by e-mail, fax, online contact form, post, or telephone.
2.3 We may accept your offer within five days by
If several of the aforementioned alternatives exist, the contract is concluded at the point in time when one of the aforementioned alternatives occurs first. The period for acceptance of your offer begins on the day after you send your offer and ends at the end of the fifth day following the day of dispatch of the offer. If we do not accept your offer within the aforementioned period, this shall be deemed a rejection of your offer with the consequence that you are no longer bound by your declaration of intent.
2.4 If you select a payment method offered by PayPal, payment processing will be carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com
2.5 When submitting an offer via the online order form of our company, the contract text will be stored by us after the conclusion of the contract and will be sent to you in text form (e.g., by e-mail, fax, or letter) after you have submitted your order. We do not provide any further access to the contract text beyond this. If you have created a user account in our online shop before submitting your order, the order data will be archived on our website and can be accessed by you free of charge via your password-protected user account by entering the corresponding login data.
2.6 Before submitting a binding order via our online order form, you can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the zoom function of your browser, which allows you to enlarge the display on the screen. You can correct your entries during the electronic ordering process using the usual keyboard and mouse functions, as long as you have not yet clicked the button that completes the ordering process.
2.7 Different languages are available to you for the conclusion of the contract. The specific language selection is displayed in the online shop.
2.8 Order processing and contact usually take place by e-mail and automated order processing. You must ensure that the e-mail address you provide for order processing is correct so that e-mails sent by us can be received at this address. In particular, when using SPAM filters, you must ensure that all e-mails sent by us or by third parties commissioned by us to process the order can be delivered.
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in our cancellation policy.
4.1 Unless otherwise stated in our product description, the prices indicated are total prices that include statutory value-added tax. Any additional delivery and shipping costs that may be incurred are specified separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which we are not responsible and which you must bear. These include, for example, costs for money transfers by credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also be incurred in relation to money transfers if the delivery is not made to a country outside the European Union, but you make the payment from a country outside the European Union.
4.3 The available payment method(s) will be communicated to you in our online shop.
4.4 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless we have agreed with you on a later due date.
4.5 If you select a payment method offered via the payment service provider "mollie," payment processing will be carried out by the payment service provider Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, Netherlands (hereinafter referred to as "mollie"). The individual payment methods offered via mollie will be communicated to you in our online shop. For the processing of payments, mollie may use additional payment services for which special payment conditions may apply, to which you will be separately referred if applicable. Further information about "mollie" can be found online at https://www.mollie.com
4.6 If you select the payment method "purchase on account," the purchase price becomes due after the goods have been delivered and invoiced. In this case, unless otherwise agreed, the purchase price must be paid in full within 14 (fourteen) days from receipt of the invoice, without any deduction. We reserve the right to offer the payment method "purchase on account" only up to a certain order volume and to refuse this payment method if the specified order volume is exceeded. In such cases, we will inform you of the corresponding payment restriction in our payment information in the online shop. Furthermore, we reserve the right to carry out a credit check when you select the payment method "purchase on account" and to refuse this payment method in the event of a negative credit check.
4.7 If you select the payment method SEPA direct debit, the invoice amount becomes due after a SEPA direct debit mandate has been granted, but not before the expiry of the pre-notification period for payment. The direct debit will be collected when the ordered goods leave our warehouse, but not before the expiry of the pre-notification period. Pre-notification ("Pre-Notification") is any communication (e.g., invoice, policy, contract) from us to you announcing a debit by SEPA direct debit. If the direct debit is not honored due to insufficient funds or due to the provision of incorrect bank details, or if you object to the debit without being entitled to do so, you shall bear the fees incurred by the respective credit institution as a result of the chargeback, provided you are responsible for this. We reserve the right to carry out a credit check when you select the payment method SEPA direct debit and to refuse this payment method in the event of a negative credit check.
5.1 If we offer shipping of the goods, delivery will be made within the delivery area specified by us to the delivery address provided by you, unless otherwise agreed. For the processing of the transaction, the delivery address specified in our order processing is decisive.
5.2 If delivery of the goods fails for reasons attributable to you, you shall bear the reasonable costs incurred by us as a result. This does not apply to the costs of sending the goods to you if you effectively exercise your right of withdrawal. With regard to the costs of return shipment, the provision set out in our cancellation policy shall apply if you effectively exercise your right of withdrawal.
5.3 If you are acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to you as soon as we have delivered the item to the carrier, freight forwarder, or any other person or institution designated to carry out the shipment. If you are acting as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes to you only upon handover of the goods to you or to a person authorized to receive them. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the sold goods shall also pass to you, even if you are acting as a consumer, as soon as we have delivered the item to the carrier, freight forwarder, or any other person or institution designated to carry out the shipment, if you have commissioned the carrier, freight forwarder, or other person or institution designated to carry out the shipment and we have not previously named this person or institution to you.
5.4 We reserve the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies only in the event that we are not responsible for the non-delivery and that we have concluded a specific covering transaction with the supplier with due care. We will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, you will be informed without undue delay and any consideration already paid will be refunded to you without undue delay.
5.5 Self-collection is not possible for logistical reasons.
If we make advance deliveries, we retain title to the delivered goods until full payment of the purchase price owed has been received.
Unless otherwise provided in the following provisions, the statutory provisions regarding liability for defects shall apply. Deviating from this, the following applies to contracts for the delivery of goods:
7.1 If you are acting as an entrepreneur,
7.2 The above limitations of liability and reductions of limitation periods do not apply
7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.
7.4 If you are acting as a merchant within the meaning of § 1 of the German Commercial Code (HGB), you are subject to the commercial duty to inspect and give notice of defects in accordance with § 377 HGB. If you fail to comply with the notification obligations regulated therein, the goods shall be deemed approved.
7.5 If you are acting as a consumer, you are requested to report goods delivered with obvious transport damage to the carrier and to inform us thereof. Failure to do so has no effect whatsoever on your statutory or contractual claims for defects.
The seller shall be liable to you for all contractual, quasi-contractual, and statutory, including tortious, claims for damages and reimbursement of expenses as follows:
8.1 We are liable without limitation on any legal grounds
8.2 If we negligently breach a material contractual obligation, liability is limited to the foreseeable, contract-typical damage, unless we are liable without limitation pursuant to the above clause. Material contractual obligations are obligations which the contract imposes on us according to its content to achieve the purpose of the contract, the fulfillment of which is essential for the proper execution of the contract and on the compliance with which you may regularly rely.
8.3 Otherwise, our liability is excluded.
8.4 The above liability provisions also apply with regard to our liability for our vicarious agents and legal representatives.
9.1 If, according to the content of the contract, we owe not only the delivery of goods but also the processing of the goods according to your specific requirements, you must provide us with all content required for processing, such as texts, images, or graphics, in the file formats, formatting, image and file sizes specified by us, and grant us the necessary rights of use for this purpose. You alone are responsible for procuring and acquiring rights to these contents. You declare and assume responsibility that you have the right to use the content provided to us. In particular, you are responsible for ensuring that no rights of third parties are infringed, especially copyrights, trademark rights, and personal rights.
9.2 You shall indemnify us against any claims asserted by third parties in connection with an infringement of their rights resulting from the contractual use by us of the content you have provided to us. In this context, you shall also bear the necessary costs of legal defense, including all court and attorney fees at the statutory rate. This does not apply if you are not responsible for the infringement. In the event of a claim by a third party, you are obliged to provide us immediately, truthfully, and completely with all information necessary for the examination of the claims and for our defense.
9.3 We reserve the right to reject processing orders if the content you provide for this purpose violates statutory or official prohibitions or public decency. This applies in particular in the case of content that is anti-constitutional, racist, xenophobic, discriminatory, offensive, harmful to minors, and/or glorifies violence.
10.1 Vouchers that we issue free of charge as part of promotional campaigns with a specific validity period and which you cannot purchase (hereinafter referred to as "Promotional Vouchers") can only be redeemed in our online shop and only within the specified period.
10.2 Individual products may be excluded from the voucher promotion if such a restriction results from the content of your Promotional Voucher.
10.3 Promotional Vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.
10.4 Only one Promotional Voucher can be redeemed per order.
10.5 The value of the goods must be at least equal to the amount of the Promotional Voucher. Any remaining balance will not be refunded by us.
10.6 If the value of the Promotional Voucher is insufficient to cover your order, you may choose one of the other payment methods we offer to pay the difference.
10.7 The balance of a Promotional Voucher will neither be paid out in cash nor bear interest.
10.8 The Promotional Voucher will not be refunded if you return goods paid for wholly or partly with the Promotional Voucher within the scope of your statutory right of withdrawal.
10.9 The Promotional Voucher is intended solely for use by the person named on it. Transfer of the Promotional Voucher to third parties is excluded. We are entitled, but not obliged, to verify the material entitlement of the respective voucher holder.
All legal relationships between you and us shall be governed by the law of the Federal Republic of Germany, to the exclusion of the laws on the international sale of movable goods. If you are acting as a consumer, this choice of law shall only apply insofar as it does not deprive you of the protection afforded by mandatory provisions of the law of the country in which you have your habitual residence.
If you are acting as a merchant, a legal entity under public law, or a special fund under public law with a registered office within the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be our registered office. If your registered office is outside the territory of the Federal Republic of Germany, our registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to your professional or commercial activity. In the above cases, however, we are in all cases also entitled to bring an action before the court at your place of business.
- We have submitted to the terms and conditions of participation for the eCommerce initiative “Fairness in Trade,” which can be viewed online at https://www.fairness-im-handel.de
We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.