General Terms and Conditions
- Scope
- Offers and Service Descriptions
- Order Process and Contract Conclusion
- Prices and Shipping Costs
- Delivery, Product Availability
- Payment Terms
- Retention of Title
- Customer Account
- Warranty and Guarantee
- Liability
- Storage of the Contract Text
- Final Provisions
1. Scope
1.1. These General Terms and Conditions (GTC) apply exclusively to the business relationship between HL Event Group GmbH, Königsberger Str. 2, 91564 Neuendettelsau (hereinafter referred to as “Seller”) and the customer (hereinafter referred to as “Customer”) in their version valid at the time of the order.
1.2. A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that predominantly cannot be attributed to their commercial or independent professional activity. An entrepreneur is a natural or legal person or a legal partnership that acts in the exercise of their commercial or independent professional activity when concluding a legal transaction.
1.3. Deviating conditions of the customer are not recognized unless the seller explicitly agrees to their validity.
2. Offers and Service Descriptions
2.1. The presentation of products in the online shop does not constitute a legally binding offer but rather an invitation to submit an order. Service descriptions in catalogs and on the seller’s websites do not have the character of a promise or guarantee.
2.2. All offers are valid “while stocks last,” unless otherwise stated for the products. Errors are excepted.
3. Order Process and Contract Conclusion
3.1. The customer can select products from the seller’s range on a non-binding basis and collect them in a so-called shopping cart using the “Add to Cart” button. Within the shopping cart, the product selection can be changed, e.g., deleted. The customer can then proceed to complete the order process by clicking on the “Proceed to Checkout” button.
3.2. By clicking the “Order with Obligation to Pay” button, the customer submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view their data at any time, as well as go back to the shopping cart using the browser function “back” or cancel the entire order process. Required information is marked with an asterisk (*).
3.3. The seller will then send the customer an automatic confirmation of receipt via email, listing the customer’s order, which the customer can print using the “Print” function (order confirmation). The automatic confirmation of receipt merely documents that the customer’s order has been received by the seller and does not constitute acceptance of the request. The purchase contract is concluded only when the seller dispatches the ordered product to the customer within 2 days, hands it over, or confirms the dispatch to the customer within 2 days with a second email, explicit order confirmation, or sending the invoice. Acceptance can also occur through a payment request directed from the seller to the customer and, at the latest, through the completion of the payment process. In the case of multiple acceptance processes, the earliest acceptance time is decisive. If the seller does not accept the customer’s offer within the acceptance period, no contract is concluded, and the customer is no longer bound by their offer.
3.4. In the case of customers who are entrepreneurs, the aforementioned period for dispatch, handover, or order confirmation is seven days instead of two.
3.5. If the seller allows a prepayment, the contract is concluded with the provision of the bank details and payment request. If payment does not arrive at the seller despite being due, even after a renewed request, within 10 calendar days after sending the order confirmation, the seller withdraws from the contract, resulting in the order becoming void and the seller having no delivery obligation. The order is then completed for both the buyer and seller without further consequences. Therefore, the reservation of the item for prepayments lasts at most for 10 calendar days.
4. Prices and Shipping Costs
4.1. All prices stated on the seller’s website include the applicable statutory value-added tax.
4.2. In addition to the stated prices, the seller charges shipping costs for delivery. The shipping costs will be clearly communicated to the buyer on a separate information page and during the order process.
5. Delivery, Product Availability
5.1. If prepayment is agreed upon, delivery will take place after receipt of the invoice amount.
5.2. If delivery of the goods fails due to the buyer’s fault despite three delivery attempts, the seller can withdraw from the contract. Any payments made will be promptly refunded to the customer.
5.3. If the ordered product is not available because the seller is not supplied with this product by their supplier through no fault of their own, the seller can withdraw from the contract. In this case, the seller will promptly inform the customer and may suggest the delivery of a comparable product. If no comparable product is available or the customer does not wish for the delivery of a comparable product, the seller will refund any performance already rendered to the customer without delay.
5.4. Customers will be informed about delivery times and delivery restrictions (e.g., limitations on deliveries to certain countries) on a separate information page or within the respective product description.
5.5. In the case of customers who are entrepreneurs, the risk of accidental loss and accidental deterioration of the goods transfers to the buyers as soon as the seller hands over the item to the carrier, freight forwarder, or any other person or institution designated to carry out the shipment; the specified delivery dates and deadlines are not fixed dates, subject to other commitments and agreements.
5.6. Delivery and performance delays due to force majeure and due to unforeseen events that make delivery significantly more difficult or impossible for the seller are not the seller’s responsibility to customers who are entrepreneurs, even with binding agreed deadlines and dates. In this case, the seller is entitled to postpone the delivery or performance for the duration of the hindrance plus a reasonable start-up period. The right to postpone the deadline also applies to customers who are entrepreneurs in cases of unforeseen events that affect the operation of a supplier and are not attributable to them or the seller. During the duration of this hindrance, the customer is also released from their contractual obligations, especially the payment. If the delay is not reasonable for the customer, they can withdraw from the contract through a written declaration after a reasonable period set by them or in mutual agreement with the seller.
6. Payment Terms
6.1. The customer can choose from the available payment methods within the framework and 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 invoice. For all other payment methods, payment must be made in advance without deduction.
6.3. If third parties are commissioned with payment processing, e.g., PayPal, their general terms and conditions apply.
6.4. If the payment due date is determined by the calendar, the customer is already in default by missing 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 exclude the seller’s assertion of further default damages.
6.6. The customer is only entitled to offset if their counterclaims have been legally established or recognized by the seller. The customer can only exercise a right of retention if the claims arise from the same contractual relationship.
7. Retention of Title
The delivered goods remain the property of the seller until full payment has been received. For customers who are entrepreneurs, the following applies: The seller retains ownership of the goods until all claims from an ongoing business relationship have been fully settled; the buyer is obliged to treat the purchased item with care as long as ownership has not yet transferred to them. In particular, they are obliged, if appropriate or customary in the industry, to adequately insure the goods against theft, fire, and water damage at their own expense. If maintenance and inspection work is required, the buyer must carry this out at their own expense in a timely manner. The processing or transformation of the reserved goods by the customer is always carried out for the seller. If the reserved goods are processed with other items not belonging to the seller, the seller acquires co-ownership of the new item in proportion to the value of the reserved goods to the other processed items at the time of processing. The same applies to the item created by processing as for the reserved goods. The customer also assigns the claim to secure the seller’s claims against them that arise from the connection of the reserved goods with a property against a third party. The customer must promptly notify the seller of any third-party claims to goods owned or co-owned by the seller. The customer bears the costs of any third-party objection proceedings or costs for out-of-court release resulting from such interventions. The customer is entitled to resell the reserved goods in the ordinary course of business. The claims arising from the resale or other legal grounds concerning the reserved goods (including all balance claims from current accounts) are hereby assigned by the customer as security in full to the seller. The seller authorizes the customer to collect the assigned claims for their account and in their own name until revoked. This collection authorization can be revoked if the customer does not fulfill their payment obligations properly. The seller undertakes to release the securities to which the seller is entitled at the customer’s request, as long as their total sales value exceeds the sum of all outstanding claims of the seller from the business relationship by more than 10% (in the event of a realization risk by more than 50%). The selection of the securities to be released is at the seller’s discretion. Upon payment of all claims of the seller from delivery transactions, ownership of the reserved goods and the assigned claims transfer to the buyer. The selection of the securities to be released is at the seller’s discretion.
8. Customer Account
8.1. The seller currently does not provide a customer account to customers. Within the customer account, customers can access information about their orders and their customer data stored with the seller. The information stored in the customer account is not public.
8.2. Customers are not required to create a customer account to place an order. Customers can also place an order as a guest without needing to create a customer account.
8.3. Customers are obliged to provide truthful information in the customer account and to adjust the information to reflect changes in the actual circumstances as necessary (e.g., changing the email address in case of a change or updating the postal address before placing an order). Customers are responsible for any disadvantages arising from incorrect information.
8.4. The customer account may only be used in accordance with applicable legal regulations, particularly those concerning the protection of third-party rights, and in accordance with the seller’s GTC using the access masks provided by the seller and other technical access options. Any other use, particularly through external software such as bots or crawlers, is prohibited.
8.5. To the extent that customers store, specify, or otherwise post content or information (hereinafter referred to as “Content”) within the customer account, the customers are responsible for this information. The seller does not adopt the customers’ content as its own. However, the seller reserves the right to take appropriate measures depending on the degree of legal violation risk posed by the content, particularly regarding the risk to third parties. Measures that consider the rights of the customer and the seller’s obligations must be taken. The seller also reserves the right to refuse to publish the content.
8.6. The customer is responsible for keeping their login data (username and password) confidential and must not disclose this data to third parties. The customer is also liable for any damage caused by unauthorized use of their customer account if the customer is at fault. If the customer suspects or becomes aware of unauthorized use of their account, they must inform the seller immediately.
9. Warranty and Guarantee
9.1. The statutory warranty rights apply.
9.2. For customers who are entrepreneurs, the following applies: The seller is liable for defects only if the customer has duly fulfilled their obligations to inspect and notify of defects according to § 377 of the German Commercial Code (HGB).
9.3. For entrepreneurs, the warranty period is 12 months from the date of delivery.
10. Liability
10.1. The seller is liable for intent and gross negligence. In cases of ordinary negligence, the seller is only liable for breaches of essential contractual obligations (cardinal obligations) and only to the extent of foreseeable damages typical for the contract.
10.2. The limitations of liability do not apply to injury to life, body, or health or to mandatory legal claims, especially according to the Product Liability Act.
10.3. The seller is not liable for the loss of data unless the loss would also have occurred if appropriate data backup measures had been taken by the customer.
11. Storage of the Contract Text
The customer can view and print these GTC on the seller’s website. The customer will receive an order confirmation with all order details as well as a copy of the GTC by email after completing the order.
12. Final Provisions
12.1. If the customer is a merchant within the meaning of the German Commercial Code, the exclusive jurisdiction for all disputes arising from the contractual relationship is the seller’s registered office. The same applies if the customer does not have a general place of jurisdiction in Germany or if the customer’s domicile is not known at the time the action is brought.
12.2. The law of the Federal Republic of Germany applies. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
12.3. Should individual provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by the applicable statutory provision.