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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, as a consumer or entrepreneur (hereinafter "you/your"), 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 we have expressly agreed otherwise 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 not attributable to your commercial or independent professional activity.
1.3 You are an entrepreneur within the meaning of these GTC if you are a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of your commercial or independent professional activity.
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 can also submit the offer to us by e-mail, fax, online contact form, by post, or by 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 sending of your offer. If we do not accept your offer within the aforementioned period, this shall be deemed 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 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., email, fax, or letter) after you have submitted your order. We do not provide any further access to the contract text. If you have set up 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 until you click 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 email and automated order processing. You must ensure that the email address you provide for order processing is correct so that emails sent by us can be received at this address. In particular, when using SPAM filters, you must ensure that all emails sent by us or by third parties commissioned by us to process the order 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 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 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 "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 the payment method "purchase on account" 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 from receipt of the invoice without deduction, unless otherwise agreed. 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 this case, 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 selecting the payment method "purchase on account" and to refuse 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 is due after a SEPA direct debit mandate has been issued, 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 although you are not entitled to do so, you shall bear the fees incurred by the chargeback of the respective credit institution if you are responsible for this. We reserve the right to carry out a credit check when selecting 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 with regard to the costs for the initial shipment if you effectively exercise your right of withdrawal. With regard to the return costs, the provision 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 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 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 the non-delivery is not attributable to us and we have concluded a specific covering transaction with the supplier with due diligence. 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 immediately and any consideration already paid will be refunded to you without delay.
5.5 Self-collection is not possible for logistical reasons.
If we make advance payment, we retain ownership of the delivered goods until full payment of the owed purchase price has been made.
Unless otherwise provided in the following provisions, the statutory provisions on 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 shortening of 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 Section 1 of the German Commercial Code (HGB), you are subject to the commercial duty to inspect and give notice of defects in accordance with Section 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 defect claims.
The seller is 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 typical, foreseeable 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 makes the proper execution of the contract possible in the first place and on whose compliance 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 necessary 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 the rights to these contents. You declare and assume responsibility that you have the right to use the contents provided to us. In particular, you must ensure that no rights of third parties are infringed, especially copyrights, trademark rights, and personal rights.
9.2 You shall indemnify us against any claims by third parties that they may assert against us in connection with an infringement of their rights due to the contractual use of the content provided to us by you. 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 a defense.
9.3 We reserve the right to reject processing orders if the content provided by you for this purpose violates legal or official prohibitions or offends common 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 "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, provided that a corresponding restriction arises 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 not sufficient to cover your order, you may choose one of the other payment methods offered by us 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 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 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 apply only 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 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 registered office. If your registered office is located 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, provided that the contract or claims arising from the contract can be attributed to your professional or commercial activity. In the aforementioned cases, however, we are in any event entitled to bring an action before the court at your place of business.
- We have submitted to the participation conditions 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.