§ 1. Surrender of use
The following general conditions regulate the contractual relations between the orderer (hereinafter to be referred to as „you/your“) and the company HTS BoarderDivision - Beim Tilgesbrunnen 32 66130 Saarbrücken Germany - (hereinafter to be referred to as „we/us“), which are accepted by the orderer by having sent his order. HTS BoarderDivision does not accept other conditions unless HTS BoarderDivision has agreed in written.
§ 2. Conclusion of contract
Your order is an offer to a conclusion of a purchasing contract for us. When ordering at HTS BoarderDivision we will send you a confirmation e-mail with all details (confirmation of order). This does not mean we accept your offer. Its only objective is to inform you about the fact that we have received your order. It only comes to a purchasing contract when we deliver the ordered product to you and confirm the shipment via e-mail (confirmation of shipment). Products that are not listed in the confirmation of shipment are not subject to the purchasing contract. The purchasing contract does only take effect when you accept the delivery or after the period of revocation of 14 days. Minors are excluded from the purchase. All products are only sold in costumary amounts. The information of our web page www.htsboarderdivision.com, our brochures or pronounced by our employees are only an invitation to your order. It does not mean an offer for a conclusion of contract.
§ 3. Indoctrination of revocation and consequences
You have the right to cancel within fourteen days without giving any reason this contract. The revocation period is fourteen days from the date on which the goods have taken possession of you, or a representative of you who is not the carrier (full complete delivery) "or" when you or a representative of you, who is not the carrier, the last goods have taken physical possession of (partial delivery) "or" when you or a representative of you, who is not the carrier, have taken possession of the last installment or the last piece of shipment (partial consignment) "or" the contract (service contract / digital media). To exercise your right of revocation you must inform us by a clear explanation, that you want to revocation the contract. You need to send the revocation information to - HTS BoarderDivision / Beim Tilgesbrunnen 32 / D-66130 Saarbrücken / Email: firstname.lastname@example.org / Fax: +49-(0)681-37200088 9 (fx. by post or fax or email). You also can use the sample revocation form which you see and find below (PDF for download) but it is not prescribed. In order to observe the revocation period it is sufficient for you to send the message about the right of revocation before the revocation deadline.
Consequences of revocation
If you revocate from this contract, we give you all the payments that we have received from you, including delivery costs (with the exception of the additional costs arising from the fact that you have chosen a type of delivery other than that offered by us), and must be repaid immediately at the latest within fourteen days from the date on which the notice is received through your cancellation of this contract with us. For this repayment, we use the same method of payment that you used for the initial transaction, unless you explicitly agreed otherwise; in any case you won´t be charged for the repayment fees. We may withhold the reimbursement until we have received the goods back or until you have demonstrated that you have returned the goods, depending on what is earlier. You have to ship, send or give us back the goods - to HTS BoarderDivision / Beim Tilgesbrunnen 32 / D-66130 Saarbrücken - promptly and in any case not later than fourteen days starting at the date on which you notify us about the withdrawal of this contract. The deadline is met if you send back the goods before the period of fourteen days. You bear the direct cost of returning the goods. For goods that can not be normally returned by mail -by their nature- you carry the direct cost of returning/shipping back the goods. The cost is estimated at a maximum of about the same amount for the shipment to (perhaps plus addional service fees, if we execute a pickup and a shipping in your order). If you need help with the return, please inform us for assitance. Please note the liability for damage in transit. Therefore, we strongly recommend that you also use always a shipping insurance. You only need to pay for any diminished value of the goods, if the deterioration in value is due to a not necessary to ascertain the nature, characteristics and functioning of the goods dealing with them. If you require that the services to begin during the revocation period, you have to pay us a reasonable amount in the share of up to the date on which you notify us of the right of withdrawal in respect of this contract, the service already provided compared to the full extent provided for in the contract services equivalent. We will not accept receipt of goods that are not prepaid carriage.
revocation/withdrawl form by §356 BGB
Exclusion of revocation
The revocation is executed by §312g Abs.2 BGB german law.
This is for example the case for:
-contracts for the supply of goods which are not prefabricated and for their production of an individual choice or decision by the consumer is important or which are clearly tailored to personal pursuits, the consumer,
-contracts for the supply of goods which are perishable or value exceeded their expiration date fast,
-contracts for the supply of sealed goods and if they unsealed after delivery which are unsuitable for reasons of health or hygiene,
-contracts for the supply of goods when they were mixed after delivery due to their nature inseparable from other any goods,
-contracts for the supply of goods which are marked as used "or" demo,
§ 4. Delivery
If not agreed otherwise the delivery is performed from the stock to the indicated delivery address. Damages in transit have to be reclaimed directly to the logistics driver, later reported damage can not be accepted and will not be accepted by the shipping insurance. Information about the period of delivery is not binding unless a certain appointment has been indicated. We usually try to deliver to you all the products listed in the confirmation. Nevertheless there could be cases when we cannot deliver certain products, e.g. if we do not produce the respective products anymore or do not receive them from our supplier. In such cases we contact you in order to inform you or suggest alternative products. If you do not accept this suggestion we will cancel you order in so far that we cannot deliver the respective product and recompense the amount of the invoice if you have already paid for it. Our liability in case of a non-delivery is limited to the refund of the amount paid.
§ 5. Due rate, payment and delay
The orderer can pay the amount of the invoice in advance via transferal or via cash on delivery to the logistics partner of HTS BoarderDivision. The amount of invoice is due immediately. You can pay by transferal. During the order you will receive all the required bank account information. You will also receive a reference number. Please note this information since we cannot provide it again later. In case you choose cash on delivery you will receive the package by our logistics partner and have to pay it in cash to him. Additionally a fee of cash on delivery will be levied.
§ 6. Compensation, retention
The orderer only has the right to compensation if his counterclaim has been determined legally or accepted by HTS BoarderDivision. Additionally he only has the right to retain the product in case his counterclaim is based on the same contractual relationship.
§ 7. Retention of title
The delivered goods belong to HTS BoarderDivision unless the amount of invoice has been performed completely.
§ 8. Responsibility for defects - 24 months of warranty
If there is a defect of the goods, the purchaser may demand subsequent performance (repair or replacement). If subsequent performance fails, the customer can withdraw a considerable lack the contract, reduce the purchase price or claim damages. The assignment of these claims is excluded. The statutory warranty period is 24 - months from delivery of the goods. Unless stated otherwise below, further claims of the customer - for whatever legal reason - are excluded. Therefore HTS BoarderDivision is not liable for damage that is not caused to the item itself, especially HTS BoarderDivision is not liable for lost profits or other financial damages of the purchaser. Where the liability of HTS BoarderDivision is excluded or limited, this also applies to the personal liability of employees, representatives and agents. If the supplementary performance in the form of a replacement delivery, the customer is obliged to return the goods within 14 days of HTS BoarderDivision at his own cost. After receiving this first delivered goods at HTS BoarderDivision of delivery of a replacement delivery. Excluded from the warranty are damage due to natural wear and tear, improper use and a lack of or improper maintenance. Further details are set out in the warranty card that has become part of. Products from other producer which are only redistributed by HTS BoarderDivision are subject to the warranty determinations of the respective label. This is also valid for the purchase by hire-purchase with the Santander-Bank.
§ 9. Warranty
All products are distributed by HTS BoarderDivision, are usually provided with a warranty against material defects, this is based solely on the provisions of the respective manufacturer. The warranty provisions that are part of the contract are included in the package upon delivery. Excluded from the warranty are damage due to natural wear and tear, improper use and a lack of or improper maintenance. Further details are set out in the warranty card that has become part of. HTS BoarderDivision acts exclusively as a reseller and warranty and warranty provisions are subject to trademark the purchased item. Products from other producer which are only redistributed by HTS BoarderDivision are subject to the warranty determinations of the respective label. This is also valid for the purchase by hire-purchase with the Santander-Bank.
§ 10. Use at own risk
The use of products of HTS BoarderDivision could be dangerous, especially for the body, for the orderer and third parties. We shall not be liable for accrued damages and claims of third parties. The use of the products is at the orderer´s own risk and he is liable for damages. The orderer has been informed about that fact when concluding his order and the non-warranty has become a valid component of the contract between HTS BoarderDivision and the orderer. Further details are regulated on the warranty card which has become a component of the contract.
§ 11. Gathering, processing and use of personal information of our clients
All person-related dates will be treated confidentially. The dates which are necessary for the transaction will be saved and might be passed to linked enterprises in relation to the transaction of the order. For the period of our relation we might pass your dates to the German SCHUFA in 65203 Wiesbaden, Germany and other economic information services in order to revise your credit rating. Dates about your credit rating based on mathematic statistical procedures and address dates could be forwarded. Third parties could obtain information within the legal frame if they prove the necessity. We do gather, process and forward information about address and order for our own and foreign marketing purposes also to third parties. In relation to this data processing your necessities will be legally respected.
§ 12. Option of purchase hire-purchase
HTS BoarderDivision only offers the possibility to hire-purchase with the Santander-Bank. There is no contract about hire-purchase with HTS BoarderDivision. The contract between the client and HTS BoarderDivision is a purchasing contract, all other forms of contract affiliated do not come to a conclusion with HTS BoarderDivision. Only those products are delivered to the client, which are subject to the concluded purchasing contract. Therefore Santander-Bank and its general conditions are decisive for the hire-purchase and also HTS BoarderDivision is not liable for claims also of third parties.
§ 13. Shipping, transport and behavior when receiving packets
Please follow strictly the following steps:
1. First, check the exact number of specified packages with the provided packages.
2. Check the package for visible damage . Any visible damage must be recorded in the presence of the delivering courier, stating the loss/damage in a to be signed by both sides receipt damage. The driver/messenger has a corresponding confirmation of damage. If the driver does not carry with this form, it is absolutely important to note the damage elsewhere. If this is not possible, for unknown reasons, please refuse to accept the package.
Note: Shipping damages are not always directly related to a visible external damage from (eg hole in the cardboard etc.) in this case is to start from a concealed damage, because the carton is usually more flexible than the shipped item.
3. Please check the delivery in the presence of the messenger/driver to a possible hidden damage or harm.
4. The conditional acceptance is not enough! If the messenger/driver of this due to time constraints, please refuse to accept and contact us as soon as possible. We will take appropriate action.
5. The clause and acceptance " conditional acceptance " is not enough! The carrier and the insurance company speaks in this case of a concealed damage and disclaims all liability. Potential liability and damages enemies is in all cases the shipping and forwarding service, not the sender. Apply the corresponding thereto provisions of the carrier and the insurance company. The normal applicable law is this: in the moment when we handed the package to the shipper as shipping service is called law of transfer of risk to the recipient or as an intermediate step delivery service. Therefore a control of the package is important and essential for the beneficiary.
§ 14. VAT, content, changes and errors
All prices from HTS BoarderDivision include the legal VAT. Changes and errors also in reference to the product information are reserved.
§ 15. Jurisdiction
We try to solve problems as fast as possible and without bureaucracy. For all arguments resulting from or connected to this conditions or to single contracts the only jurisdiction is Saarbrücken, Germany if you are a merchant, artificial person of Public Law or a public-sector special patrimony or if you residence is unknown or not in Germany when the accusal is levied. We reserve the right to sue you in your home town.
§ 16. Further determinations
If we or you do not claim single demands resulting from the contract this does not mean a quitclaim. In case that a determination of these general conditions should be or become non-effective or impracticable the other determinations are still valid. in such case both parties have to find a regulation which has a content that is as similar in its economic content to the invalid one as possible. This is also valid in case of a gap of regulations.
§ 17. Forcemajeure, place of performance and adaptable law
In case of not being able to performance our obligations because of forcemajeure or other circumstances out of our control, we shall not be hold liable. If in case of forcemajeure or other circumstances out of our control there is a delay, we will perform our obligations as soon as it is possible. The place of performance for all obligations from the contract is Saarbrücken/Germany. The existing legislation is the German one. The purchase law of the UN is excluded.
These terms of trade are in use of all countries except germany, for germany please read the AGBs (german language).
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