General terms and conditions of sale
of the company
HMH Vertriebs GmbH
Status: February 2021
§ 1 Scope of application
The following terms of sale apply to the contract concluded between the seller and the buyer for the delivery of goods.
§ 2 Provided documents
We reserve all property rights and copyrights to all documents, such as calculations, drawings etc., provided to the buyer in connection with the placing of the order. These documents may not be made available to third parties unless we give the buyer our express written consent.
§ 3 Offer and conclusion of contract
The language available for the conclusion of the contract is German.
The sale of the goods is only carried out in standard end consumer quantities. The seller reserves the right not to accept or cancel orders from obvious resellers.
In the shop of HMH Vertriebs GmbH applies:
By pressing the function "Add to shopping cart" you can put the desired articles in the desired quantity into the virtual shopping cart. Via the function "Checkout" you can create a new customer account or log in with existing data. In the course of the further order process (in each case via the function "continue",) you can select payment method and before completion of the order process change all given data and remove goods from the shopping cart or change their quantity. Finally, select the "binding order" function to submit a binding offer.
With his order, the buyer declares - subject to existing rights of revocation and withdrawal - bindingly that he wishes to purchase the ordered goods. The seller is entitled to accept the contractual offer contained in the order within two weeks of receipt by the seller. Acceptance can be declared either in writing or by delivering the goods to the buyer.
If a consumer orders the goods by electronic means, we will confirm receipt of the order immediately. The confirmation of receipt does not constitute a binding acceptance of the order placed by the buyer. However, the confirmation of receipt can be combined with a declaration of acceptance.
If the goods are ordered electronically, the text of the contract will initially be stored by us and sent to the buyer by e-mail on request, together with these General Terms and Conditions of Sale.
Correction of entries: You can correct your entries before placing your order with the technical means provided, namely by means of the usual mouse and keyboard functions in the corresponding input fields, by means of the back key of your browser also on the previous offer or order page. After clicking on the binding order button, a correction is no longer possible. You can also correct input errors by aborting the ordering process and, if necessary, starting again. Please also pay attention to the information provided in the shop regarding the correction of entries.
§ 4 Prices and terms of payment
The purchase price indicated by the seller is binding. The purchase price includes the statutory value added tax. Delivery and shipping costs are incurred in accordance with the information provided, whereby the seller will select the most cost-effective shipping option, unless otherwise agreed. Packaging costs will not be claimed beyond this.
Unless otherwise agreed with the buyer in writing, the purchase price is due for payment upon invoicing.
In the case of goods manufactured according to customer specifications or goods clearly tailored to personal needs, delivery shall be effected by advance payment, unless otherwise agreed. Payment of the purchase price shall be made exclusively to the account named by the seller. The deduction of a discount is only permissible with special written agreement.
If the buyer defaults on a payment, the seller shall be entitled to demand interest from the relevant point in time at a rate of 5 percentage points above the respective base interest rate in accordance with § 247 BGB.
§ 5 Delivery and performance time
The beginning of the delivery time stated by us presupposes the timely and proper fulfilment of the buyer's obligations. We reserve the right to the defence of non-performance of the contract.
If the buyer is in default of acceptance or culpably violates other obligations to cooperate, we are entitled to demand compensation for the damage incurred by us as a result, including any additional expenses. We reserve the right to make further claims. For his part, the purchaser reserves the right to prove that no damage at all or at least considerably less damage has been caused in the amount requested. The risk of accidental loss or accidental deterioration of the goods shall pass to the buyer at the time when the buyer defaults on acceptance or payment.
The Seller is entitled to make partial deliveries at any time, provided this is reasonable for the Buyer.
§ 6 Right of revocation
You have the right to revoke this contract within fourteen days without giving reasons.
The revocation period is fourteen days from the day on which you or a third party designated by you, other than the carrier, took possession of the goods.
To exercise your right of withdrawal, you must
HMH Vertriebs GmbH
by means of a clear statement (e.g. a letter, fax or e-mail sent by post) informing the buyer of your decision to revoke this contract. You may use the attached sample revocation form for this purpose, but this is not mandatory.
In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of withdrawal
If you revoke this Agreement, we shall reimburse you for all payments we have received from you, including delivery charges (other than any additional charges arising from your choosing a different method of delivery from the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date on which we receive notice of your revocation of this Agreement.
For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may refuse to make any refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any event within fourteen days of the date on which you notify us of the cancellation of this contract. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the fourteen-day period.
You shall bear the direct costs of returning the goods.
You shall only be liable for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for the purpose of checking their condition, properties and functionality.
Exclusion of the right of revocation
The right of revocation does not apply to distance contracts for the delivery of goods that are manufactured according to customer specifications or clearly tailored to personal needs or which are not suitable for return due to their condition or which can spoil quickly or whose expiration date has been exceeded.
END OF THE REVOCATION INSTRUCTION
§ 7 Liability for material defects and liability
(1) The purchaser shall initially have the choice whether the subsequent performance shall be effected by repair or replacement. However, we shall be entitled to refuse the type of subsequent performance chosen by the Buyer if it is only possible at disproportionate cost and the other type of subsequent performance does not involve significant disadvantages for the Buyer. During the subsequent performance, the reduction of the purchase price or the withdrawal from the contract by the buyer is excluded. A rectification of defects shall be deemed to have failed after the second unsuccessful attempt, unless something else arises in particular from the nature of the item or the defect or other circumstances. If the supplementary performance has failed or if we have refused the supplementary performance altogether, the buyer can demand a reduction of the purchase price (abatement) or declare his withdrawal from the contract.
(2) Claims for damages on the following conditions due to the defect can only be asserted by the buyer if the supplementary performance has failed or we have refused the supplementary performance. The right of the buyer to assert further claims for damages under the following conditions remains unaffected.
(3) Notwithstanding the above provisions and the following limitations of liability, we shall be liable without limitation for damage to life, body and health resulting from a negligent or intentional breach of duty by our legal representatives or our vicarious agents, as well as for damage covered by liability under the Product Liability Act, and for all damage resulting from intentional or grossly negligent breaches of contract and fraudulent intent by our legal representatives or our vicarious agents. Insofar as we have given a guarantee of the quality and/or durability of the goods or parts thereof, we shall also be liable within the scope of this guarantee. However, we shall only be liable for damage which is based on the absence of the guaranteed quality or durability but which does not directly affect the goods if the risk of such damage is obviously covered by the guarantee of quality and durability.
(4) We shall also be liable for damages caused by simple negligence insofar as this negligence concerns the violation of such contractual obligations, the observance of which is of particular importance for the achievement of the purpose of the contract (cardinal obligations). However, we shall only be liable insofar as the damages are typically associated with the contract and are foreseeable. We shall not be liable for simple negligent breaches of secondary obligations not essential to the contract. The limitations of liability contained in sentences 1 - 3 shall also apply insofar as the liability for legal representatives, executive employees and other vicarious agents is concerned.
(5) Any further liability is excluded regardless of the legal nature of the claim asserted. Insofar as our liability is excluded or limited, this also applies to the personal liability of our employees, workers, staff, representatives and vicarious agents.
(6) The warranty period is 2 years, calculated from the transfer of risk, and 1 year for used goods. This period shall also apply to claims for compensation for consequential damage caused by a defect, provided that no claims in tort are asserted.
§ 8 Retention of title
(1) The seller retains title to the goods until receipt of all payments arising from the purchase contract.
(2) The buyer must inform the seller immediately in writing of all access by third parties, in particular of enforcement measures and other impairments of his property. The buyer shall compensate the seller for all damages and costs incurred by the seller due to a breach of this obligation and necessary intervention measures against access by third parties.
(3) If the buyer behaves contrary to the contract, in particular if the buyer does not meet his payment obligations despite a reminder from the seller, the seller can withdraw from the contract after setting a reasonable deadline and demand the return of the goods still in his possession.
§ 9 Individual production according to customer requirements / Trademarks & copyrights of third parties
(1) At the request of the buyer, the seller shall have products manufactured which are oriented in size, shape and colour to the buyer's graphic specifications. The seller endeavours to achieve the greatest possible similarity between the original motif and the motif depicted on the badge.
(2) Graphical differences between the original motif and the manufactured badge are normal and may occur. They are due to the production process as well as to the material properties of the materials. Therefore they do not constitute a defect. Possible slight differences in colour tones between the original motif and the later end product may occur and are perfectly normal. These colour deviations must be tolerated and do not constitute a defect either.
(3) The seller reserves the right to refuse orders if the processing of the order infringes the rights of third parties or violates laws.
For all orders submitted to the seller for the printing of textiles, patches, stickers, coatings and other print products, the necessary copyright, trademark or other rights of the customer are assumed.
(4) The buyer is solely responsible for the contents of the transmitted image files. The seller is not liable for the violation of third party rights, which can be derived from the use of motifs or writings, which the buyer has given him for implementation in textiles, badges, patches or other printed products. The seller does not check the rights of third parties to motifs or writings. The seller is in no way liable for the use of his products by third parties.
(5) The seller reserves the right to freely use photos and products of badges, patches or other printed matter produced for buyers for his own advertising purposes.
(6) The seller has no obligation to provide the buyer with the tools (screens, embroidery files etc.) required for the production of print & embroidery products, unless expressly agreed otherwise.
(7) The desired graphics produced by the seller for the buyer are generally free of charge when the order is placed, unless otherwise agreed. If an order for the production of individual T-shirts, hoodies, patches, stickers, mugs etc. is cancelled, a graphics lump sum of 39.99€ will be charged.
§ Section 10 Final provisions and applicable law
(1) The relations between the contracting parties shall be governed exclusively by the law applicable in the Federal Republic of Germany. The application of the uniform law on the international purchase of movable goods and the law on the conclusion of international purchase contracts for movable goods is excluded.
(2) Should individual provisions of the contract with the Buyer, including the individual provisions of these General Terms and Conditions of Sale, or a provision within the framework of other agreements between the Seller and the Buyer be or become invalid, the validity of all other provisions or agreements shall not be affected thereby.
Dispute settlement office
According to Art. 14 para. 1 ODR-VO: The European Commission provides a platform for online dispute resolution (OS), which can be found at http://ec.europa.eu/consumers/odr/ We are neither obliged nor prepared to participate in dispute resolution proceedings before a consumer arbitration board.