Legal issues
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 the provider (HIGHDERM GmbH) via the https://www.highdroxy.de/shop/ website. Unless otherwise agreed, we object to the inclusion of any terms and conditions of your own that you may use.
(2) A consumer within the meaning of the following provisions 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 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 Conclusion 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 basket system under the conditions stated in the item description.
(3) The contract is concluded via the online shopping basket system as follows:
The goods intended for purchase are placed in the "shopping basket". You can call up the "shopping basket" via the corresponding button in the navigation bar and make changes there at any time.
After calling up the "Checkout" page and entering the personal data as well as the payment and shipping conditions, the order data will finally be displayed as an order overview.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, instant transfer) as a payment method, you will either be directed to the order overview page in our online shop or to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, make the corresponding 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 shop.
Before sending the order, you have the option of checking the details in the order overview again, changing them (also via the "back" function of the Internet browser) or cancelling 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 can accept within 5 days (unless a different deadline is stated in the respective offer).
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is carried out by e-mail, partly automatically. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of the e-mails is technically guaranteed 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 period is 14 days from the date of dispatch of the goods/ticket/ or, in the case of other services, the provision of the service. The complete invoice conditions for the countries in which this payment method is available can be found here: Germany, Austria.
The use of the payment methods invoice and/or instalment purchase and/or direct debit requires a positive credit check. In this respect, we forward your data to Klarna for the purpose of the address and creditworthiness 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 permissible based on the results of the credit check.
You can find more information and Klarna's terms of use here. For general information about Klarna, click here. Your personal data will be treated by Klarna in accordance with the applicable data protection regulations and as specified in Klarna 's privacy policy.
You can find more information about Klarna here. You can find the Klarna app here.
§ 4 Right of retentionretention 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 the purchase price has been paid in full.
§ 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 quickly as possible. If you do not comply with this, this will have 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 insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn as a result (favourability principle).
(2) The place of performance for all services arising from the business relationships existing with us as well as the place of jurisdiction is our registered office, insofar as you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies 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 bring an action before the court at another statutory 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
HIGHDERM GmbH
Max-Ernst-Str. 13
50354 Hürth
Germany
Phone: 02233-4600380
E-mail: support@highdroxy.de
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 language of the contract shall be German.
3.2 The complete text of the contract will not be stored by us. Before sending the order via the online shopping basket system, the contract data can be printed out or electronically saved using the browser's print function. 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 basket system, you will receive all contract data as part of a binding offer 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 good or service
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 quoted 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 are not included in the purchase price. They can be called up via an appropriately 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 delivery free of shipping costs has been promised.
6.3 If the delivery is made to countries outside the European Union, further 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 credit institutions), which are to 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 website or in the respective offer.
6.6 Unless otherwise stated in the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
7. terms of delivery
7.1 The terms of delivery, the delivery date and any existing delivery restrictions can be found under an appropriately marked button on our website or in the respective offer.
7.2 Insofar as you are a consumer, it is legally regulated that the risk of accidental loss and accidental deterioration of the goods sold during shipment shall not pass to you until the goods are handed over to you, irrespective 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 another person designated to carry out the shipment.
We only deliver by mail order. Unfortunately, it is not possible to collect the goods yourself.
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 have been prepared by the lawyers of the Händlerbund who specialise in IT law and are permanently checked for legal conformity. 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