GENERAL TERMS AND CONDITIONS WITH CUSTOMER INFORMATION
1. Scope
2. Offers and service descriptions
3. Ordering process and conclusion of contract
4. Prices and shipping costs
5. Delivery, product availability
6. Payment methods
7. Reservation of ownership
8. Warranty for defects and guarantees
9. Liability
10. Storage of contract text
11. Final provisions
1. Scope
1.1. These General Terms and Conditions in their current version at the time of the order shall apply exclusively to the business relationship between Hot Blood Deutschland GmbH, Owner: Adem Gümüstekin, Dieselstraße 30, 60314 Frankfurt am Main (hereinafter referred to as "Seller") and the customer (hereinafter referred to as "Customer").
1.2. You can reach our customer service for questions, complaints, and objections on weekdays from 9:00 a.m. to 5:00 p.m. at the telephone number +49 69 945199770 and via email at info@hotblood.de.
1.3. A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that predominantly cannot be attributed to their commercial or self-employed professional activity (§ 13 German Civil Code).
1.4. Deviating terms and conditions of the customer will not be recognized unless the seller expressly agrees to their validity.
2. Offers and service descriptions
The presentation of products in the online shop is not a legally binding offer, but an invitation to place an order. Descriptions of services in catalogs as well as on the seller's websites do not constitute an assurance or guarantee.
All offers are "subject to availability" unless otherwise stated for the products. Errors reserved.
3. Ordering process and conclusion of contract
3.1. The customer can select products from the seller's range without obligation and collect them in a so-called shopping cart by clicking the "Add to Cart" button. Within the shopping cart, the product selection can be changed, e.g., deleted. Then the customer can proceed to complete the ordering process within the shopping cart by clicking the "Proceed to Checkout" button.
3.2. By clicking the button "Order with obligation to pay," the customer submits a binding offer to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time and, using the browser function "back," return to the shopping cart or cancel the entire ordering process. Mandatory information is marked with an asterisk (*).
3.3. The seller will then send the customer an automatic acknowledgment of receipt by email, in which the customer's order is listed again and which the customer can print out using the "Print" function (order confirmation). The automatic acknowledgment of receipt merely documents that the customer's order has been received by the seller and does not constitute acceptance of the offer. The purchase contract is only concluded when the seller has dispatched the ordered product to the customer within 2 days, handed it over, or confirmed dispatch to the customer within 2 days by a second email, explicit order confirmation, or by sending the invoice.
3.4. If the seller enables payment in advance, the contract is concluded with the provision of the bank details and the payment request. If payment is not received by the seller within 10 calendar days after sending the order confirmation to the seller, despite being due and after a renewed request, the seller withdraws from the contract with the consequence that the order is canceled, and the seller has no obligation to deliver. The order is then completed for the buyer and seller without further consequences. Reservation of the item for advance payment lasts no longer than 10 calendar days.
4. Prices and shipping costs
4.1. All prices stated on the seller's website include the respective applicable statutory value-added tax.
4.2. In addition to the prices stated, the seller charges shipping costs and deposit fees for delivery. The shipping costs and deposit fees are clearly communicated to the buyer on a separate information page and as part of the ordering process.
5. Delivery, product availability
5.1. If payment in advance has been agreed, delivery will be made after receipt of the invoice amount.
5.2. If delivery of the goods fails through the fault of the buyer despite three delivery attempts, the seller can withdraw from the contract. Any payments made will be refunded to the customer without delay.
5.3. If the ordered product is not available because the seller is not supplied with this product by its supplier without its own fault, the seller can withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, suggest the delivery of a comparable product. If no comparable product is available or the customer does not wish delivery of a comparable product, the seller will immediately refund any consideration already provided by the customer.
5.4. Customers will be informed about delivery times and delivery restrictions (e.g., restrictions on deliveries to certain countries) on a separate information page or within the respective product description.
6. Payment methods
6.1. The customer can choose from the available payment methods before completing the order process. Customers will be informed about the available payment methods on a separate information page.
6.2. If payment by invoice is possible, payment must be made within 30 days after receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deduction.
6.3. If third-party providers are commissioned with payment processing, e.g., Paypal or Klarna, their general terms and conditions apply.
6.4. If the payment is due according to the calendar, the customer is already in default by exceeding the deadline. In this case, the customer must pay the statutory default interest.
6.5. The customer's obligation to pay default interest does not preclude the seller from asserting further default damages.
6.6. The customer is only entitled to set-off if his counterclaims have been legally established or acknowledged by the seller. The customer can only exercise a right of retention insofar as his claims result from the same contractual relationship.
7. Reservation of ownership
Until full payment, the delivered goods remain the property of the seller.
8. Warranty for defects and guarantees
8.1. The warranty is based on statutory provisions.
8.2. A guarantee exists for goods delivered by the seller only if it has been expressly given. Customers will be informed about the guarantee conditions before starting the ordering process.
9. Liability
9.1. Without prejudice to other legal requirements, the following liability exclusions and limitations apply to the seller's liability for damages.
9.2. The seller is liable without limitation if the cause of damage is based on intent or gross negligence.
9.3. Furthermore, the seller is liable for the negligent breach of essential obligations, the breach of which jeopardizes the achievement of the purpose of the contract, or for the breach of obligations, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the customer regularly relies. In this case, however, the seller is only liable for foreseeable, typically occurring damage. The seller is not liable for the negligent breach of obligations other than those mentioned in the preceding sentences.
9.4. The above liability limitations do not apply in the event of injury to life, body, and health, for a defect after assuming a guarantee for the quality of the product, and for fraudulent concealment of defects. Liability under the Product Liability Act remains unaffected.
9.5. Insofar as the seller's liability is excluded or limited, this also applies to the personal liability of employees, representatives, and vicarious agents.
10. Storage of contract text
10.1. Before submitting the order to the seller, the customer can print out the contract text by using the print function of his browser in the last step of the order process.
10.2. The seller also sends the customer an order confirmation with all order data to the email address provided by him. With the order confirmation, but at the latest upon delivery of the goods, the customer also receives a copy of the general terms and conditions including the cancellation policy and the information on shipping costs as well as delivery and payment conditions. If you have registered in our shop, you can view your orders in your profile area. Furthermore, we store the text of the contract, but do not make it accessible on the Internet.
11. Final provisions
11.1. The place of jurisdiction and performance is the seller's registered office if the customer is a merchant, a legal entity under public law, or a special fund under public law.
11.2. The contract language is German.
11.3. Platform of the European Commission for Online Dispute Resolution (OS) for consumers: http://ec.europa.eu/consumers/odr/. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
