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1.1 These General Terms and Conditions (hereinafter "GTC") of HT Venture GmbH (hereinafter "we/us") apply to all contracts for the delivery of goods that you conclude as a consumer or entrepreneur (hereinafter "you") 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 we have agreed otherwise with you.
1.2 A consumer within the meaning of these GTC is you if you conclude a legal transaction for purposes that can be attributed predominantly neither to your commercial nor to your self-employed professional activity.
1.3 An entrepreneur within the meaning of these GTC is you as a natural or legal person or as a partnership with legal capacity who acts in the conclusion of a legal transaction in the exercise of your commercial or self-employed professional activity.
2.1 The product descriptions contained in our online shop do not constitute binding offers on our part, but serve for you to submit a binding offer.
2.2 You can submit the offer via the online order form integrated into our online shop. In doing so, after you have placed the selected goods in the virtual shopping cart and completed the electronic ordering process, you submit a legally binding contractual offer regarding the goods contained in the shopping cart by clicking the button that finalizes the ordering process. Furthermore, you can also submit the offer to us by e-mail, by fax, via the online contact form, by post, or by telephone.
2.3 We can accept your offer within five days,
If several of the aforementioned alternatives exist, the contract is concluded at the point in time when one of the aforementioned alternatives first occurs. The period for acceptance of your offer begins on the day after the dispatch of your offer and ends with the expiry of the fifth day following the dispatch of the offer. If we do not accept your offer within the aforementioned period, this shall be deemed as a rejection of the 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 is 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 User Agreement, available at https://www.paypal.com
2.5 When submitting an offer via our company's online order form, the contract text will be stored by us after the conclusion of the contract and transmitted to you in text form (e.g., email, fax, or letter) after you have sent your order. We will not make the contract text available in any further manner. If you have created a user account in our online shop before sending your order, the order data will be archived on our website and can be retrieved by you free of charge via your password-protected user account by providing the corresponding login details.
2.6 Before submitting the order via our online order form in a binding manner, you can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors may be the zoom function of your browser, with the help of which the display on the screen is enlarged. You can correct your entries within the framework of the electronic ordering process for as long as you have not clicked the button that completes the ordering process, using the usual keyboard and mouse functions.
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 are generally carried out via email and automated order processing. You must ensure that the email address provided by you for order processing is correct, so that emails sent by us can be received at this address. In particular, if you are using spam filters, you must ensure that all emails sent by us or by third parties commissioned by us for order processing can be delivered.
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in our notice on the right of withdrawal.
4.1 Unless otherwise stated in our product description, the prices indicated are total prices including statutory value-added tax. Any additional delivery and shipping costs that may arise are stated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases, which we are not responsible for 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 arise in relation to money transfers even if the delivery is not to a country outside the European Union, but you make the payment from a country outside the European Union.
4.3 The payment method(s) will be communicated to you in our online shop.
4.4 If advance payment by bank transfer is agreed, the payment is due immediately after the conclusion of the contract, unless we have agreed a later due date with you.
4.5 If a payment method offered via the payment service "mollie" is selected, the payment processing is carried out by the payment service provider Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, Netherlands (hereinafter: "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 further payment services, for which special payment terms may apply, to which you may be separately informed. Further information on "mollie" is available on the Internet at https://www.mollie.com
4.6 If the payment method "invoice" is selected, the purchase price becomes due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 14 (fourteen) days of receipt of the invoice without deduction, unless otherwise agreed. We reserve the right to offer the payment method "invoice" only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In such a case, we will inform you of the corresponding payment restriction in our payment information in the online shop. Furthermore, we reserve the right to conduct a credit check upon selection of the payment method "invoice" and to reject this payment method in the event of a negative credit check.
4.7 If the payment method SEPA direct debit is selected, the invoice amount becomes due after the SEPA direct debit mandate has been granted, but not before the expiry of the deadline for pre-notification of the payment. The direct debit is collected when the ordered goods leave our warehouse, but not before the expiry of the deadline for pre-notification. Pre-notification ("Pre-Notification") is any communication (e.g., invoice, policy, contract) from us to you announcing a charge via SEPA direct debit. If the direct debit is not honored due to insufficient funds in the account or because incorrect bank details were provided, or if you object to the debit although you are not entitled to do so, you shall bear the fees incurred by the return transaction of the respective credit institution, provided that you are responsible for this. We reserve the right to conduct a credit check upon selection of the payment method SEPA direct debit and to reject this payment method in the event of a negative credit check.
5.1 If we offer shipping of the goods, delivery shall be made within the delivery area specified by us to the delivery address provided by you, unless otherwise agreed. In the processing of the transaction, the delivery address specified in our order processing is decisive.
5.2 If the delivery of the goods fails for reasons for which you are responsible, you shall bear the reasonable costs incurred by us thereby. This does not apply to the costs for the forward shipment if you effectively exercise your right of withdrawal. Regarding the return shipping costs, the regulation set forth in our information on the right of withdrawal applies in the case of effective exercise of your right of withdrawal.
5.3 If you act as a trader, the risk of accidental loss and accidental deterioration of the sold goods passes to you as soon as we have handed over the item to the forwarder, the carrier, or the person or institution otherwise designated to carry out the shipment. If you act 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 an authorized recipient. Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods also passes to you, even if you act as a consumer, as soon as we have handed over the item to the forwarder, the carrier, or the person or institution otherwise designated to carry out the shipment, if you have commissioned the forwarder, the carrier, or the person or institution otherwise 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 case that the non-delivery is not attributable to us and that we have concluded a specific cover transaction with the supplier with due care. We will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, you will be informed immediately and the consideration will be refunded to you immediately.
5.5 Self-pickup is not possible for logistical reasons.
If we provide advance performance, we retain ownership of the delivered goods until full payment of the agreed purchase price.
Unless otherwise provided by the following provisions, the statutory regulations on liability for defects shall apply. Deviating from this, the following applies to contracts for the supply of goods:
7.1 If you are acting as a business,
7.2 The liability limitations and time-limit reductions regulated above shall not apply
7.3 Furthermore, for businesses, the statutory limitation periods for any existing statutory right of recourse shall 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 of inspection and notification pursuant to § 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 any obvious transport damage to the carrier upon delivery and to inform us accordingly. Failure to do so shall have no effect on your statutory or contractual claims for defects.
The seller shall be liable to you for all contractual, quasi-contractual, and statutory claims, including tortious claims, for damages and reimbursement of expenses as follows:
8.1 We shall be fully liable regardless of the legal basis
8.2 If we negligently breach a material contractual obligation, liability shall be limited to the typical, foreseeable damage, unless we are unconditionally liable pursuant to the preceding paragraph. Material contractual obligations are obligations that the contract imposes on us according to its content to achieve the contractual purpose, whose fulfillment is essential for the proper execution of the contract, and on whose observance you may regularly rely.
8.3 Otherwise, our liability is excluded.
8.4 The above liability provisions shall also apply with regard to our liability for our vicarious agents and statutory representatives.
9.1 If, according to the content of the contract, we are obligated not only to deliver the goods but also to process the goods according to your specific instructions, you must provide us with all content required for the processing, such as texts, images, or graphics, in the file formats, formats, image and file sizes specified by us, and grant us the necessary usage rights for this purpose. You are solely responsible for the procurement and acquisition of rights to this content. You declare and assume responsibility for having the right to use the content provided to us. In particular, you ensure that no third-party rights are infringed thereby, especially copyright, trademark, and personality rights.
9.2 You shall indemnify us against claims by third parties that they may assert in connection with an infringement of their rights through our contractual use of the content provided to us by you. You shall also assume the necessary costs of legal defense, including all court and attorney fees at the statutory level. This does not apply if the infringement of rights is not attributable to you. In the event of a claim by a third party, you are obligated to provide us immediately, truthfully, and completely with all information required for the examination of the claims and for a defense.
9.3 We reserve the right to reject processing orders if the content provided by you for this purpose violates statutory or official prohibitions or good morals. This applies in particular to the provision of content that is anti-constitutional, racist, xenophobic, discriminatory, insulting, endangering minors, and/or glorifying violence.
10.1 Vouchers that we issue free of charge as part of advertising campaigns with a specific validity period and which you cannot purchase (hereinafter "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 campaign if a corresponding restriction results from the content of your promotional voucher.
10.3 Promotional vouchers can only be redeemed before the completion of the ordering 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 offered by us to settle the difference.
10.7 The balance of a promotional voucher is neither paid out in cash nor bears interest.
10.8 The promotional voucher will not be refunded if you return the goods paid for in whole or in part with the promotional voucher within the scope of your statutory right of withdrawal.
10.9 The promotional voucher is intended for use only 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 substantive entitlement of the respective voucher holder.
The law of the Federal Republic of Germany applies to all legal relationships between you and us, excluding the laws on the international sale of movable goods. If you act as a consumer, this choice of law applies only insofar as the protection granted to you is not withdrawn by mandatory provisions of the law of the state in which you have your habitual residence.
If you are acting as a merchant, a legal person under public law, or a special fund under public law with its 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 business address. If you have your registered office outside the territory of the Federal Republic of Germany, our business address shall be the exclusive place of jurisdiction for all disputes arising from this contract, provided that the contract or claims arising from the contract can be attributed to your professional or commercial activity. However, in the aforementioned cases, we are nevertheless entitled in any event to bring the action before the court at your place of residence or registered office.
- We have submitted to the terms of participation for the eCommerce initiative "Fairness im Handel", which can be viewed on the Internet 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.