General Terms and Conditions (GTC) 17.02.2015
1.1 This version of the General Terms and Conditions shall apply to all contracts, services and supplies from the time a customer places an order. Other arrangements are valid only after written confirmation from us. Upon placing an order, a customer accepts these conditions and is bound by them.
1.2 Under section 13 of the GTC, customers are considered to be individuals, whose business is not subject to commercial or independent activities, and are consumers. In other cases, section 14 of the GTC covering companies shall apply.
1.3 You are obliged to ensure the confidentiality of access to your account and to protect and keep secret your email address and password and take full responsibility for operations made on your account. It is prohibited to use a false email address or false bank access data or to pretend to be another person or company.
1.4 If you violate any applicable law or these terms and conditions, we reserve the right to deactivate or delete your account.
1.5 If violation of any individual provisions occurs, a legally valid provision enters into force as originally intended, and other conditions remain in effect.
1.6 We are entitled - upon insertion into the contractual relationship with the customer - to unilaterally change these GTC as required to eliminate distortion or to adapt to changing legal or technical conditions. We will inform customers of the content of any amendment to these regulations. All changes become part of the contract, if, after notification of changes in the contract, the customer does not object in writing within six weeks.
1.7 The language used in this contract is German.
2) Notice of liability
2.1 We are liable only for gross or willful negligence in the event of harm to health, body, life or significant contract conditions.
2.2 The contents, images and data on this website are protected by copyright.
Duplication or use of these materials is prohibited.
2.3 All information has been carefully checked and is for general information and is not binding. We accept no liability for any incomplete or out-of-date content. Images are only for reference as illustrative material, and the color and style can differ from the actual product. We are not responsible for the content of external sites, which is referenced by hyperlinks.
3.1 The presentation of products in our online shop and the indication of availability is only a call for placing the order and not a legally binding offer. Subject to errors and misprints.
3.2 Selection of the desired goods is made by placing them in your shopping cart.Products can be ordered, the delivery address determined and payment method set in the shopping cart, your order will be checked and confirmation will be sent to you. By doing so, the supplier confirms consent of the General Terms and Conditions.
3.3 A customer's order is merely an offer to contract, and receipt will be confirmed by e-mail.
3.4 After checking availability, the customer will be informed by email of the acceptance of the order with an order confirmation. The purchase agreement becomes valid.
3.5 We do not sell to minors, and our products may be purchased using this portal only by persons over the age of 18.
4) Prices and shipping costs
4.1 All prices are in EURO and include the statutory VAT. Valid prices are those stated at the time the order is made.
4.2 There is no guarantee to retrospectively amend prices, apply new promotions or temporary special conditions.
4.3 Shipping costs depend on the country of destination.
5.1 Shipment of an order will be made to the address provided by the customer.Shipment tracking is possible, depending on the shipping company but is not guaranteed. Delivery takes place only in small amounts. Pickup is not possible.
5.2 The stated delivery time is only an approximate guideline and is not a guarantee.For delivery delays of two weeks, the customer has the right to rescind the purchase contract. Payment already made will be immediately refunded.
5.3 Should ordered products be temporarily unavailable, this will be communicated in the order confirmation.We are entitled to make partial deliveries. If a product is generally no longer available, this will also be stated and the contract concerning this product is cancelled.
5.4 Claims for damage occurring in transportation shall be made immediately upon delivery and notified to us by email along with indication of the customer number and order number. Warranty law does not apply.
5.5 Deliveries outside the European Union may be subject to Customs import regulations.Incidental duties or taxes must be paid by you. Please obtain information from your Customs office.
6) Terms of payment
6.1 We offer several payment methods: credit card or with an established PayPal account for payment of the cost of goods and shipment. Direct debit, bank transfer or cash on delivery is not possible. The purchase price is due immediately upon completion of the purchase contract.'
6.2 Goods remain our property until full payment is received.
7.1 Promotional vouchers may not be used for purchase at this online shop and cannot be created or passed on to third parties.
This applies to special offers only during the designated period and cannot be combined with other promotional vouchers. Promotional vouchers must be redeemed before completing an order. Credits may not be used later. Accounting differences must be settled in accordance with the applicable payment terms.
7.2 Gift certificates may be purchased and transferred to third parties. They have no expiration date and must also be redeemed before completing the order. Here again, no combination is allowed with any other vouchers or promotional coupons.
7.3 Redemption of cash vouchers and promotional coupons is not possible and there is no interest.
Manipulation, changing, multiplication or commercial use is not permitted.
8) Cancelation and return
Cancellation rights - General information
This provision applies only when the order is neither commercial nor a self-employed professional activity and the customer is a consumer within the meaning of section 1 of the Consumer Protection Act.
Under your contract, you can return goods within 14 working days without stating a reason by filling out the return form and returning the goods. That period begins with the receipt of the goods. This text complies with the information requirements of section 5d of the Consumer Protection Act. To comply with the withdrawal period, it is sufficient to send the cancellation or the goods.
Cancellation shall be addressed to:
HOT Productions und Vertriebs GmbH
Wagrainer Street 35
Contact customer service
Tel: +43 (0) 7672 72229
Processing of cancellation
Cancellation In the event of
a cancellation, all benefits and use of both parties are cancelled. Should you return the articles received to us incomplete or partially, or return them only in deteriorated condition, you will be obliged to pay compensation. This is not the case when returning goods, if the deterioration was caused exclusively by testing that would have been possible in a retail shop. In addition, you can avoid having to pay compensation by not using the goods as an owner and refrain from doing anything that infringes on their value. Items that can be sent as parcels may be returned. Not parcel will be collected from you.
End of the right to cancellation
9.1 If there is a statutory right to a warranty, we are obliged to exchange them. If we cannot replace the goods, the customer may cancel the contract and the cost will be returned. When claiming a warranty, this must be done immediately in writing within seven days and returned prepaid. If there is a defect, shipping costs will also be refunded. The order and customer numbers must be given.
9.2 A customer cannot claim for damages, if the defect was not caused intentionally or by gross negligence.
10) Battery Act
If products contain batteries or rechargeable batteries, these may not be disposed of in household waste, as this may cause damage to the environment and human health if not disposed of in light of the raw materials used. Customers are obliged by law to return batteries to designated collection points free of charge.
11.1 Data, such as addresses, personal settings, and contact and bank details, are kept confidential and used only to process your order and will not be disclosed to unauthorized third parties. After your approval, we will occasionally send you special offers and product information. You may refuse that at any time.
11.2 All data will be kept only for the duration of the statutory retention periods and until the purpose of the entrustment has been met.
11.3 Your order information is saved, but is not directly accessible in accordance with the security considerations. You have the right to free information about your stored data and deletion of your account, to the extent allowed by law.
12) Law and jurisdiction
12.1 All legal business or other legal relations with us are subject to Austrian law. The UN Sales Convention (CISG) and any other international treaties, even if implemented into Austrian law, shall not apply. For contracts with a purpose which cannot be assigned to a professional or commercial activity (contract with consumers), this choice of law only in so far as the protection afforded by the mandatory rules of the law of the State in which the consumer has his habitual residence applies.
12.2 In business transactions with merchants and legal persons under public law, the place of business is the place of jurisdiction for all disputes relating to these terms and conditions and agreed under the application of specific contracts, including bills and checks. In this case, we are also entitled to enter a claim at the customer's place of residence.
13) Severability clause
If any provision of the contract including these regulations be wholly or partially invalid or should the contract have an unforeseen loophole, the validity of the remaining provisions or parts of such provisions remains. Instead of the ineffective or missing regulations, the respective legal regulations apply.
14) Provider identification
HOT Productions und Vertriebs GmbH
Wagrainer Straße 35