General terms and conditions and customer information
I. General Terms and Conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to contracts that you conclude with us as a provider (HIGHDERM GmbH) via the website https://www.highdroxy.de/shop/. Unless otherwise agreed, the inclusion of any terms and conditions of your own used by you is contradicted.
(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her independent professional or commercial activity.
§ 2 Formation of the contract
(1) The subject of the contract is the sale of goods .
(2) Already with the placement of the respective product on our website, we submit a binding offer to conclude a contract via the online shopping cart system under the conditions stated in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can use the corresponding button in the navigation bar to call up the "shopping cart" and make changes there at any time.
After calling up the "checkout" page and entering the personal data and the payment and shipping terms, the order data will finally be displayed to you as an order overview.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Sofortüberweisung) as a payment method, you will either be taken to the order overview page in our online store or redirected to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there. Finally, the order data will be displayed as an order overview on the website of the provider of the instant payment system or after you have been redirected back to our online store.
Before sending the order, you have the option to check the information in the order overview again, change it (also via the "back" function of the Internet browser) or cancel the order.
By sending the order via the corresponding button ("buy" or similar designation), you declare the legally binding acceptance of the offer, whereby the contract is concluded.
(4) Your requests for the preparation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g. by e-mail), which you may accept within 5 days (unless a different period is specified in the respective offer).
(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract shall be carried out by e-mail, in part automatically. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.
(6) By sending the order via the corresponding button ("buy" or similar designation), you declare the legally binding acceptance of the offer, whereby the contract is concluded. This is a mutual contract, with the conclusion of which rights and obligations of the contracting parties are established. According to § 433 para. 2 BGB (German Civil Code) you as the buyer are obliged to accept the ordered goods. Acceptance means the physical receipt of the goods shipped by the seller.
If you as the purchaser refuse to accept the goods, the purchase contract shall not be deemed to be revoked. The refusal of the purchaser to accept the goods does not constitute a revocation within the meaning of § 355 para. 1 BGB. Pursuant to § 355 para. 1 sentence 2 BGB, the revocation must be made by a clear declaration to HIGHDERM GmbH. For the beginning of the revocation period, the time of the refusal of acceptance shall apply. The revocation can also be declared following the refusal of acceptance. The Purchaser shall bear the costs of the return shipment within the scope of the revocation.
A violation of this acceptance obligation regularly leads to a default of acceptance of the buyer. The default of acceptance of the buyer arises in case of refusal to accept the package, in case of non-collection of goods from the packing stations or the DHL branch or if the goods cannot be delivered due to incorrect address entry. If the goods are defective, the buyer is entitled to refuse acceptance without being in default of acceptance.
As a legal consequence of the default in acceptance according to § 304 BGB, you as the purchaser must reimburse HIGHDERM GmbH for all additional expenses incurred by HIGHDERM GmbH for the unsuccessful offer, storage and preservation of the ordered goods. Thus, HIGHDERM GmbH shall be entitled to a comprehensive claim for reimbursement of expenses in the event of unjustified refusal of acceptance of the goods by the Purchaser. The Purchaser shall bear the costs of the first shipment and the return of the goods.
If there is no effective revocation, HIGHDERM GmbH shall continue to be obligated to deliver, but the goods shall not be reshipped in accordance with the right of retention pursuant to Section 273 (1) of the German Civil Code (BGB) until the purchaser has reimbursed HIGHDERM GmbH for the additional expenses incurred for the unsuccessful offer.
§ 3 Special agreements on payment methods offered
(1) Payment via Klarna
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. The payment is made to Klarna in each case:
- Invoice: The payment term is 14 days from the date of dispatch of the goods/ticket/ or, for other services, the provision of the service. The full invoice terms for the countries where this payment method is available can be found here: Germany, Austria.
The use of the payment methods invoice and / or installment purchase and / or direct debit requires a positive credit assessment. In this respect, we forward your data to Klarna for the purpose of the address and credit check as part of the purchase initiation and processing of the purchase contract. Please understand that we can only offer you those payment methods that are permitted based on the results of the credit check.
§ 4 Right of retention, Retention of title
(1) You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
§ 5 Warranty
(1) The statutory rights of liability for defects shall apply.
(2) As a consumer, you are requested to check the item immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you do not comply with this, this has no effect on your statutory warranty claims.
§ 6 Choice of law, place of performance, place of jurisdiction
(1) German law shall apply. In the case of consumers, this choice of law shall only apply to the extent that the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not thereby withdrawn (favorability principle).
(2) The place of performance for all services arising from the business relations with us and the place of jurisdiction shall be our registered office if you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same shall apply if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is unknown at the time the action is brought. The right to also call upon the court at another legal place of jurisdiction remains unaffected by this.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
II. customer information
1. identity of the seller
Alternative Dispute Resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https://ec.europa.eu/odr.
2. information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the possibilities of correction are carried out in accordance with the regulations "Conclusion of the Contract" of our General Terms and Conditions (Part I.).
3. contract language, contract text storage
3.1 The contractual language is German.
3.2 The complete text of the contract will not be stored by us. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically saved using the print function of the browser. After receipt of the order by us, the order data, the legally required information for distance contracts and the General Terms and Conditions will be sent to you again by e-mail.
3.3 In the case of quotation requests outside the online shopping cart system, you will receive all contract data as part of a binding offer sent in text form, e.g. by e-mail, which you can print out or save electronically.
4. codes of conduct
4.1 We have submitted to the Buyer's Seal Quality Criteria of Händlerbund Management AG, which can be viewed at: https://www.haendlerbund.de/
5. essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
6. prices and payment methods
6.1 The prices stated in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
6.2 The shipping costs incurred are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne additionally by you, unless free shipping has been promised.
6.3 If the delivery is made to countries outside the European Union, additional costs may be incurred for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of the credit institutions), which shall be borne by you.
6.4 Any costs incurred for the transfer of funds (transfer fees or exchange rate fees of credit institutions) shall be borne by you in cases where the delivery is made to an EU member state but the payment was initiated outside the European Union.
6.5 The payment methods available to you are shown under a correspondingly designated button on our Internet presence or in the respective offer.
6.6 Unless otherwise specified in the individual payment methods, the payment claims arising from the concluded contract shall be due for payment immediately.
7. delivery conditions
7.1 The terms and conditions of delivery, the delivery date as well as any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
7.2 If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or any other person designated to carry out the shipment.
We deliver only by mail order. Unfortunately, self-collection of the goods is not possible.
8. statutory liability for defects
Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
These terms and conditions and customer information were created by the lawyers of the Händlerbund, who specialize in IT law, and are permanently checked for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. You can find more information on this at: https://www.haendlerbund.de/
last update: 01.09.2022