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General Terms and Conditions of Business
General Terms and Conditions of Business
General terms and conditions1. scope of application
For all orders via our online store by consumers and entrepreneurs, the following terms and conditions apply.
A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
With respect to entrepreneurs, these GTC shall also apply to future business relations without our having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby objected to; they shall only become part of the contract if we have expressly agreed to them.
2. contracting party, conclusion of contract
The contract of sale shall be concluded with Hydromot S.à r.l..
The presentation of the products in the online store does not constitute a legally binding offer, but a non-binding online catalog. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained for this purpose in the order process. By clicking the order button, you place a binding order for the goods contained in the shopping cart. The confirmation of receipt of your order will be sent by e-mail immediately after sending the order.
When the contract with us is concluded depends on the method of payment you have chosen:
Cash on delivery, invoice, credit card, SEPA direct debit.
We accept your order by sending a declaration of acceptance in a separate e-mail or by delivering the goods within two days.
Prepayment
We accept your order by sending a separate e-mail within two days, in which we give you our bank details.
PayPal
In the ordering process you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the payment instruction to PayPal. After submitting the order in the store, we request PayPal to initiate the payment transaction and thereby accept your offer.
Amazon Pay
In the ordering process, you will be redirected to the website of the online provider Amazon even before completing the ordering process in our online store. There you can select the delivery address and payment method stored with Amazon and confirm the payment instruction to Amazon. You will then be redirected back to our online store where you can complete the ordering process. After submitting the order, we will request Amazon to initiate the payment transaction and thereby accept your offer.
Cash payment upon collection
We accept your order by sending a declaration of acceptance in a separate email within two days.
3. contract language, contract text storage
The languages available for the conclusion of the contract are German and English.
We store the contract text and send you the order data and our terms and conditions by e-mail. You can view the contract text in our customer login.
4. delivery conditions
Shipping costs are added to the indicated product prices. You can find out more about the shipping costs in the offers.
In principle, you have the option of collection from Hydromot S.à r.l., 5, rue du Stade , 6580 Rosport, Luxembourg during the following business hours: Mon.-Thurs.: 08:00 - 12:00 and 13:00 - 17:00; Fri.: 08:00 - 12:00 and 13:00 - 15:30.
5. payment
Prepayment
If you choose payment in advance, we will give you our bank details in a separate e-mail and deliver the goods after receipt of payment.
Cash on delivery
You pay the purchase price directly to the deliverer. There will be an additional charge of 8,19 Euro, which has to be paid directly to the deliverer.
Credit card
With the submission of the order you transmit your credit card data to us at the same time.
After your legitimation as a legitimate cardholder, we will request your credit card company to initiate the payment transaction immediately after the conclusion of the contract. The payment transaction will be carried out automatically by the credit card company and your card will be charged.
SEPA Direct Debit
With an order you give us a SEPA direct debit mandate. We will inform you about the time of the account debit (so-called prenotification). By issuing the SEPA direct debit mandate, we request our bank to initiate the payment process. The payment process will be executed automatically and your account will be debited.
The account will be debited before the goods are shipped.
The period for advance notice of the date of the account debit (so-called prenotification period) is 3 days.
PayPal
In the ordering process you will be redirected to the website of the online provider PayPal. To pay the invoice amount via PayPal, you must be registered there or log in first, legitimize with your access data and confirm the payment instruction to us. After submitting the order in the store, we request PayPal to initiate the payment transaction.
The payment transaction will be carried out automatically by PayPal immediately afterwards. You will receive further instructions during the ordering process.
Amazon Pay
In the ordering process, you will be redirected to the website of the online provider Amazon before completing the ordering process in our online store. In order to complete the order process and pay the invoice amount via Amazon, you must be registered there or register first and legitimize yourself with your access data. There you can select the delivery address and payment method stored with Amazon, confirm the use of your data by Amazon and the payment instruction to us. You will then be redirected back to our online store, where you can complete the ordering process.
Immediately after the order, we will request Amazon to initiate the payment transaction. The payment transaction will be carried out automatically by Amazon. You will receive further instructions during the order process.
Invoice
You pay the invoice amount after receiving the goods and the invoice by bank transfer to our bank account. We reserve the right to offer purchase on account only after a successful credit check.
Cash payment at pickup
You pay the invoice amount in cash upon collection.
6. reservation of proprietary rights
The goods remain our property until full payment.
For entrepreneurs, the following also applies: We retain title to the goods until full settlement of all claims arising from an ongoing business relationship. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the goods subject to retention of title with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claim, but we may also collect the claim ourselves if you fail to meet your payment obligations.
7. transport damages
For consumers applies:
If goods are delivered with obvious transport damage, please complain about such defects as soon as possible to the delivery company and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
For entrepreneurs applies:
The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. Among merchants, the obligation to inspect the goods and to give notice of defects as stipulated in § 377 of the German Commercial Code (HGB) shall apply. If you fail to make the notification provided for therein, the goods shall be deemed to have been approved, unless the defect was not recognizable during the inspection. This shall not apply if we have fraudulently concealed a defect.
Unless expressly agreed otherwise below, the statutory liability for defects shall apply. For consumers, the limitation period for claims for defects in used goods is one year from delivery of the goods.
8 Warranty and guarantees
Unless otherwise expressly agreed below, the statutory liability for defects shall apply. For consumers, the limitation period for claims for defects in used goods is one year from delivery of the goods.
For entrepreneurs, the limitation period for defect claims shall be one year from the transfer of risk; the statutory limitation periods for the right of recourse pursuant to § 478 BGB shall remain unaffected.
With respect to entrepreneurs, only our own specifications and the manufacturer's product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we shall not assume any liability for public statements made by the manufacturer or other advertising statements.
If the delivered item is defective, we shall initially provide a warranty to entrepreneurs, at our discretion, by rectifying the defect (subsequent improvement) or by delivering an item free of defects (replacement delivery).
The above restrictions and shortening of time limits shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents in the following cases
in case of injury to life, body or health
in case of intentional or grossly negligent breach of duty as well as fraudulent intent
in the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and the observance of which the contractual partner may regularly rely on (cardinal obligations)
within the scope of a warranty promise, if agreed upon
insofar as the scope of application of the Product Liability Act is opened.
Information on any applicable additional warranties and their exact terms and conditions can be found with the product and on special information pages in the online store.
Customer service: For customer service concerns, please contact us by phone, live chat or email.
9 Liability
For claims based on damages caused by us, our legal representatives or vicarious agents, we are always liable without limitation
in case of injury to life, body or health,
in case of intentional or grossly negligent breach of duty,
in the case of warranty promises, insofar as agreed, or
insofar as the scope of application of the Product Liability Act is opened.
In the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the liability shall be limited to the amount of the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.
10. dispute resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find here https://ec.europa.eu/consumers/odr/.
We are willing to participate in an out-of-court arbitration procedure before a consumer arbitration board.
11. final provisions
If you are an entrepreneur, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.