§ 1 Scope
Unless otherwise agreed, for the purchase of our products via our internet platform Hot-Skins the following General Terms and Conditions shall exclusively apply in the version relevant at the time of the order.
§ 2 Definitions
(1) Customers for the purpose of these Terms and Conditions shall be any natural person entering a business relationship with us, without this being attributable to this person’s commercial or free-lance activity.
(2) Entrepreneurs for the purpose of these Terms and Conditions are legal entities or partnerships with legal capacity entering a business relationship with us while executing their commercial or free-lance activity.
(3) The language of the contract is German.
§ 3 Contract conclusion
The presentation of products in the online shop does not represent a legally binding offer. These offers are without obligation. Your order represents an offer to us to conclude a purchase contract. The purchase contract comes into existence when we accept your order through a confirmation by e-mail after the reception of your order.
§ 4 Delivery
(1) The delivery principally takes places ex stock to the delivery address indicated by the buyer. Pickup is possible. The delivery times are mentioned in the according offers.
(2) In case the buyer is a consumer, the risk passes to the buyer as soon as the delivery has been handed over to the buyer. In case the buyer is an entrepreneur, the risk passes to him as soon as the vendor has delivered the delivery to the forwarder, freight carrier or the person or institution otherwise ordered to supply.
§ 5 Retention of title
The vendor retains title to the goods supplied until receipt of all payments in full.
§ 6 Prices, shipment costs
(1) All prices include the legally applicable sales tax.
(2) The according shipment costs are separately listed and are borne by the buyer.
§ 7 Payment, shipment
(1) After contract conclusion, the purchase price is due immediately and can be settled via the payment methods offered by the vendor.
(2) While the buyer is in default of payment, he has to represent any negligence and is also liable for the accidental perishing or deterioration of the delivery, unless the damage would also have occurred if the payment had been made in time.
(3) The enforcement of damage beyond this is not excluded by this regulation; the vendor in particular reserves the right to ask the buyer for compensation for fees charged by third parties for back postings, plus a reasonable handling fee.
§ 8 Offsetting, right of lien
The buyer only has a right of offsetting in case his counterclaims are undisputed by the vendor, or are legally effective. The buyer is only entitled to execute a right of lien in so far as his counterclaims are associated with the same contractual relationship.
§ 9 Cost coverage agreement
Should you make use of your right of revocation, you have to bear the regular costs of return shipment in case the merchandise delivered corresponds with the merchandise ordered and in case the price for the merchandise returned does not exceed an amount of 40 Euros or in case you have not reciprocated yet or paid the contractually agreed instalment. In any other case, the return shipment is free of charge for you. “
§ 10 Warranty
The legal warranty claims are applicable.
§ 11 Data protection
(1) The buyer is aware of and he agrees with the storage of personal data by the vendor, which is necessary for the handling of the contractual relationship, on data carriers, and with this data possibly being handed over to associated companies in the framework of the order handling. The buyer gives his expressive consent to the collection, processing and utilisation of his personal data.
(2) The data saved of course will be treated as confidential by the vendor. The vendor reserves the right to compare data with information agency data in order to check the credit-worthiness.
(3) The collection, processing and utilisation of personal data is carried out in compliance with the Bundesdatenschutzgesetzes (BDSG; German Data Protection Act) as well as the Teledienstdatenschutzgesetztes (TDDSG; German Tele Services Data Protection Act).
(4) The buyer has the right to revoke his consent at any time with effect for the future. In this case, the vendor is obliged to immediately delete all personal data of the buyer. In case of an ongoing contractual relationship, the deletion is carried out immediately upon termination of the contract.
§ 12 Applicable law and jurisdiction
(1) The business relationship between vendor and buyer shall be governed by the laws of the Federal Republic of Germany, excluding the Convention on Contracts for the International Sale of Goods.
(2) Place of jurisdiction shall be the registered office of the vendor unless the buyer is a merchant, or a governmental entity or special governmental estate.