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1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of HT Venture GmbH (hereinafter referred to as "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Seller regarding the goods displayed by the Seller in his online shop. The inclusion of the Customer's own conditions is hereby objected to, unless otherwise agreed.
1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity.
1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve to enable the Customer to submit a binding offer.
2.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. In doing so, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the Customer can also submit the offer to the Seller by e-mail, fax, online contact form, post, or telephone.
2.3 The Seller can accept the Customer's offer within five days,
If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives first occurs. The period for accepting the offer begins on the day after the Customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this is considered a rejection of the offer with the consequence that the Customer is no longer bound by their declaration of intent.
2.4 When selecting a payment method offered by PayPal, the 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 terms of use, available at https://www.paypal.com
2.5 When submitting an offer via the seller's online order form, the contract text is stored by the seller after the conclusion of the contract and transmitted to the customer in text form (e.g., email, fax, or letter) after the customer has sent their order. The seller does not provide any further access to the contract text. If the customer has set up a user account in the seller's online shop before submitting their order, the order data will be archived on the seller's website and can be accessed by the customer free of charge via their password-protected user account by entering the corresponding login data.
2.6 Before submitting a binding order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognizing input errors can be the browser's zoom function, which enlarges the display on the screen. The customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that completes the order process.
2.7 Different languages are available 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 via email and automated order processing. The customer must ensure that the email address provided by them for order processing is correct so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller with 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 the seller's cancellation policy.
4.1 Unless otherwise stated in the seller's product description, the prices quoted 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, which the seller is not responsible for and which must be borne by the customer. 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 the money transfer if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment option(s) will be communicated to the customer in the seller's online shop.
4.4 If advance payment by bank transfer is agreed, the payment is due immediately after the conclusion of the contract, unless the parties have agreed on a later due date.
4.5 If the payment method "SOFORT" is selected, the payment processing is carried out via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). To be able to pay the invoice amount via "SOFORT", the customer must have an online banking account activated for participation in "SOFORT", authenticate themselves accordingly during the payment process, and confirm the payment instruction to "SOFORT". The payment transaction is carried out immediately thereafter by "SOFORT" and the customer's bank account is debited. Further information on the payment method "SOFORT" can be accessed by the customer on the Internet at https://www.klarna.com
4.6 When selecting a payment method offered via the payment service "Adyen," the payment processing is carried out through the payment service provider Adyen N.V., Simon Carmiggeltstraat 6-50, 1011 DJ, Amsterdam, Netherlands (hereinafter: "Adyen"). The individual payment methods offered via Adyen are communicated to the customer in the seller's online shop. For the processing of payments, Adyen may use the services of third-party payment service providers, for which special payment conditions may apply, and the customer will be informed separately if applicable. Further information about "Adyen" can be found online at https://www.adyen.help
4.7 When selecting the payment method of purchase on account, the purchase price becomes due after the goods have been delivered and invoiced. In this case, the purchase price is to be paid within 14 (fourteen) days from receipt of the invoice without deduction, unless otherwise agreed. The seller reserves the right to offer the payment method of purchase on account only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of a corresponding payment restriction in the payment information in the online shop. The seller also reserves the right to conduct a credit check when selecting the payment method of purchase on account and to reject this payment method in the event of a negative credit check.
4.8 When selecting the payment method of SEPA direct debit, the invoice amount is due after the issuance of a SEPA direct debit mandate, but not before the expiry of the period for the advance information on the payment. The direct debit is collected when the ordered goods leave the seller's warehouse, but not before the expiry of the period for the advance information. Advance information ("Pre-Notification") is any communication (e.g., invoice, policy, contract) from the seller to the customer announcing a debit via SEPA direct debit. If the direct debit is not honored due to insufficient account coverage or the provision of incorrect bank details, or if the customer objects to the debit without being entitled to do so, the customer must bear the fees incurred by the respective credit institution due to the chargeback, if he is responsible for this. The seller reserves the right to conduct a credit check when selecting the payment method of SEPA direct debit and to reject this payment method in the event of a negative credit check.
5.1 If the seller offers the shipping of the goods, delivery is made within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. In processing the transaction, the delivery address specified in the seller's order processing is decisive.
5.2 If the delivery of the goods fails for reasons attributable to the customer, the customer bears the reasonable costs incurred by the seller as a result. This does not apply to the costs of sending the goods if the customer effectively exercises his right of withdrawal. For the return costs, the regulation made in the seller's cancellation policy applies if the customer effectively exercises the right of withdrawal.
5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer as soon as the seller has delivered the item to the carrier, freight forwarder, or the person or institution otherwise designated to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes to the customer or a person authorized to receive the goods only upon handover. Notwithstanding this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the customer in the case of consumers as soon as the seller has delivered the item to the carrier, freight forwarder, or the person or institution otherwise designated to carry out the shipment, if the customer has commissioned the carrier, freight forwarder, or the person or institution otherwise designated to carry out the shipment and the seller has not previously named this person or institution to the customer.
5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies only if the non-delivery is not attributable to the seller and the seller has concluded a specific covering transaction with the supplier with due diligence. The seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded without delay.
5.5 Self-collection is not possible for logistical reasons.
If the seller makes an advance payment, he retains ownership of the delivered goods until the purchase price owed has been paid in full.
Unless otherwise stipulated in the following provisions, the statutory liability for defects applies. Deviating from this, the following applies to contracts for the delivery of goods:
7.1 If the customer acts as an entrepreneur,
7.2 The above-mentioned 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 the customer acts as a merchant within the meaning of § 1 HGB, he is subject to the commercial duty to examine and give notice of defects in accordance with § 377 HGB. If the customer fails to comply with the notification obligations regulated therein, the goods are deemed to have been approved.
7.5 If the customer acts as a consumer, he is requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the seller thereof. Failure to do so has no effect on his statutory or contractual defect claims.
The seller is liable to the customer for all contractual, quasi-contractual, and statutory, including tort claims for damages and reimbursement of expenses as follows:
8.1 The seller is liable without limitation for any legal reason
8.2 If the seller negligently breaches a material contractual obligation, liability is limited to the typical, foreseeable damage, unless unlimited liability applies in accordance with the preceding clause. Material contractual obligations are obligations that the contract imposes on the seller according to its content to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the customer may regularly rely.
8.3 Otherwise, the seller's liability is excluded.
8.4 The aforementioned liability provisions also apply with regard to the seller's liability for his vicarious agents and legal representatives.
9.1 If, according to the content of the contract, the seller owes not only the delivery of goods but also the processing of the goods according to specific customer requirements, the customer must provide the seller with all contents required for processing, such as texts, images, or graphics, in the file formats, formats, image, and file sizes specified by the seller and grant him the necessary usage rights for this purpose. The customer is solely responsible for the procurement and acquisition of rights to these contents. The customer declares and assumes responsibility for having the right to use the contents provided to the seller. He ensures, in particular, that no third-party rights are infringed, especially copyrights, trademark rights, and personal rights.
9.2 The customer indemnifies the seller against claims by third parties that they may assert against the seller in connection with an infringement of their rights due to the contractual use of the customer's contents by the seller. The customer also assumes the necessary costs of legal defense, including all court and attorney fees at the statutory rate. This does not apply if the customer is not responsible for the infringement. The customer is obliged to provide the seller with all information truthfully and completely without delay, which is necessary for the examination of the claims and a defense, in the event of a claim by third parties.
9.3 The seller reserves the right to reject processing orders if the contents provided by the customer violate legal or official prohibitions or offend against common decency. This applies in particular to the provision of unconstitutional, racist, xenophobic, discriminatory, offensive, youth-endangering, and/or violence-glorifying contents.
10.1 Vouchers issued free of charge by the seller as part of promotional campaigns with a specific validity period and which cannot be purchased by the customer (hereinafter referred to as "Promotional Vouchers") can only be redeemed in the seller's online shop and only within the specified period.
10.2 Individual products may be excluded from the voucher promotion if a corresponding restriction arises from the content of the promotional voucher.
10.3 Promotional vouchers can only be redeemed before the completion of 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 at least correspond to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.
10.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle 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 the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of his 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. The seller is entitled, but not obliged, to verify the material entitlement of the respective voucher holder.
All legal relationships between the parties shall be governed by the law of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.
If the customer acts as a merchant, a legal entity under public law, or a special fund under public law with its seat within the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business. If the customer is based outside the territory of the Federal Republic of Germany, the seller's place of business is 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 the customer's professional or commercial activity. In the aforementioned cases, however, the seller is in any case entitled to bring an action at the customer's place of business.
- The seller has submitted to the participation conditions for the eCommerce initiative "Fairness in Trade," which can be viewed on the internet at https://www.fairness-im-handel.de
The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
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