General terms and conditions
§1 Contractual partner
On the basis of these General Terms and Conditions (GTC), a contract is concluded between the customer and
5D hyperwave® represented by Annett Möbius, Am Forstblock 1, 06901 Kemberg OT Radis
Tel: 034904-640124 , e-mail address: firstname.lastname@example.org
Sales tax identification number: DE238646381
hereinafter referred to as the supplier, the contract is concluded.
Unless otherwise agreed, we object to the inclusion of any terms and conditions of your own that you may use.
§2 Subject matter of the contract
This contract regulates the sale of new goods from the area(s) of frequency harmonization and water filter systems via the online store / the website / and other communication of the provider. Because of the details of the particular offer is referred to the product description of the offer page.
§3 Conclusion of contract
The contract is concluded in electronic business transactions via the store system or via other means of remote communication such as telephone and e-mail. In this context, the offers presented represent a non-binding invitation to submit an offer through the customer order, which the provider can then accept. The ordering process for the conclusion of the contract includes the following steps in the store system:
Orders can be placed by means of distance communication (telephone/email), whereby the ordering process for the conclusion of the contract includes the following steps:
O Calling the order hotline / sending the order mail / ordering via contact form of the website
O Confirmation email that the order has been received. With the sending of an order confirmation or the invoice, the contract is concluded. The automatically generated and sent order confirmation does not represent a corresponding legally binding declaration. The contract is also concluded by sending the goods or providing the service.
Your requests for the preparation of an offer are non-binding for us. We will submit a non-binding offer in text form (e.g. by e-mail), which you can accept within 30 days.
The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. 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.
§4 Contract duration
The contract is concluded for an indefinite period.
§5 Contract design
The customer has no possibility to directly access the stored contract text himself. The customer can correct errors in the input during the ordering process. To do this, he can proceed as follows: Errors during the ordering process can be corrected by the customer by e-mail, telephone or via the contact form on the website.
§6 Retention of title, right of retention
- Until full payment, the delivered goods remain the property of the provider.
- You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
- If the customer is an entrepreneur, the following provisions shall apply in addition:
a.) We retain title to the goods until all claims arising from the current business relationship have been settled in full. Prior to the transfer of ownership of the goods subject to retention of title, pledging or transfer of ownership by way of security is not permitted.
b.) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice that accrue to you from the resale, and we accept the assignment. You are further authorized to collect the claim. Insofar as you do not properly meet your payment obligations, we reserve the right, however, to collect the claim ourselves.
c.) If the reserved goods are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
d.) We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released shall be incumbent upon us.
The provider reserves the right not to provide the promised service in case of unavailability.
§8 Prices, shipping costs, return costs
All prices are final prices and include the statutory sales tax. In addition to the final prices, further costs are incurred depending on the shipping method, which are displayed in the order confirmation. If a right of withdrawal exists and is used, the customer bears the costs of the return.
§9 Terms of payment
The customer has only the following options for payment: advance bank transfer, invoice upon delivery with the prior consent of the provider, payment service provider (PayPal), cash payment upon collection or personal delivery. Other payment methods are not offered and will be rejected.
The invoice amount is to be transferred in advance to the account indicated there after receipt of the invoice, which contains all details for the transfer and is sent by e-mail. If a trustee service/payment service provider is used, this enables the provider and customer to process the payment between themselves. In doing so, the escrow service/payment service provider forwards the customer's payment to the provider. For more information, please visit the website of the respective escrow service/payment service provider.
The customer is obliged to pay or transfer the amount shown on the invoice to the account specified on the invoice within 10 days of receipt. The payment is due from the date of invoice without deduction. After expiration of the payment period, which is thus determined by calendar, the customer is in default even without a reminder. A right of retention of the customer, which is not based on the same contractual relationship, is excluded. The set-off with claims of the customer is excluded, unless these are undisputed or legally determined.
§10 Delivery conditions
The goods will be shipped immediately after confirmed receipt of payment. The shipment takes place on average after 5 days at the latest or in the delivery time indicated in the store or in the order confirmation, which can be up to 14 days depending on the product. The entrepreneur undertakes to deliver on the 14th day after receipt of order. The standard delivery time is 5 days, unless otherwise specified in the item description. The supplier will ship the order either from his own warehouse as soon as the entire order is in stock there or the order will be shipped by the manufacturer as soon as the entire order is in stock there. The customer will be informed about delays immediately. If the supplier is not responsible for a permanent obstacle to delivery, in particular force majeure or non-delivery by his own supplier, although a corresponding covering transaction was made in time, the supplier has the right to withdraw from a contract with the customer in this respect. The customer will be informed of this immediately and any services received, in particular payments, will be refunded.
- The statutory rights of liability for defects shall apply.
- As a consumer, the customer is requested to check the item immediately upon delivery for completeness, obvious defects and transport damage and to notify us, the third-party supplier 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.
- If the customer is an entrepreneur, the warranty period for new goods is limited to one year. The supplier is granted the right to choose between repair or new delivery in the event of subsequent performance if the goods are new and the customer is an entrepreneur. This does not apply to claims for damages of the customer due to injury to life, body, health or essential contractual obligations, which must necessarily be fulfilled in order to achieve the objective of the contract. Likewise, this does not apply to claims for damages after grossly negligent or intentional breach of duty by the provider or his legal representative or agent. In all other respects, the statutory provisions shall apply.
§12 Revocation / Cancellation policy
You are entitled to the statutory right of withdrawal and an extended right of withdrawal for 5D hyperwave® products as described in the instructions on withdrawal.
Claims for damages by the customer are excluded, unless otherwise stated in the following reasons. This also applies to the representative and vicarious agents of the provider, if the customer raises claims for damages against them. Excluded are claims for damages by the customer for injury to life, limb, health or essential contractual obligations, which must necessarily be fulfilled in order to achieve the objective of the contract. Likewise, this does not apply to claims for damages after grossly negligent or intentional breach of duty by the provider or his legal representative or vicarious agent.
§14 Prohibition of assignment and pledge
Claims or rights of the customer against the provider may not be assigned or pledged without the provider's consent, unless the customer has proven a legitimate interest in the assignment or pledge.
§15 Language, Jurisdiction and Applicable Law
The contractual language is German. The further performance of the contractual relationship shall be in German. The law of the Federal Republic of Germany shall apply exclusively. For consumers, this shall only apply insofar as this does not restrict any statutory provisions of the state in which the customer is domiciled or habitually resident. The place of jurisdiction for disputes with customers who are not consumers, legal entities under public law or special funds under public law is the registered office of the provider.
The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
§16 Data protection
In connection with the initiation, conclusion, processing and reversal of a purchase contract on the basis of these GTC, data is collected, stored and processed by the provider. This is done within the framework of the statutory provisions. The provider does not disclose any personal data of the customer to third parties, unless he would be required to do so by law or the customer has previously expressly consented.
If a third party is used for services in connection with the handling of processing operations, the provisions of the Federal Data Protection Act shall be complied with.
The data provided by the customer by way of the order shall be processed exclusively for the purpose of contacting the customer within the framework of the execution of the contract and only for the purpose for which the customer has provided the data.
The data will be disclosed only to the extent necessary to the shipping company, which takes over the delivery of the goods according to the order.
The payment data will be passed on to the credit institution commissioned with the payment. Insofar as the provider is subject to retention periods under commercial or tax law, the storage of some data may last up to ten years.
During the visit to the Internet store of the provider, anonymized data that do not allow and do not intend to draw conclusions about personal data, in particular IP address, date, time, browser type, operating system and pages visited, are logged. At the request of the customer, personal data will be deleted, corrected or blocked within the framework of the legal provisions. Free information about all personal data of the customer is possible. For questions and requests for deletion, correction or blocking of personal data as well as collection, processing and use, the customer can contact the following address: 5D hyperwave®, Annett Möbius, Am Forstblock 1, 06901 Kemberg OT Radis Tel.: 034904-640124 email@example.com
§17 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.
We are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.
§ 18 Severability clause
The invalidity of a provision of these GTC shall not affect the validity of the other provisions.
These General Terms and Conditions shall apply from 01.05.2021 for an indefinite period.