{"id":1739,"date":"2023-02-15T21:50:28","date_gmt":"2023-02-15T20:50:28","guid":{"rendered":"https:\/\/heatmebox.com\/agb\/"},"modified":"2023-06-10T10:28:36","modified_gmt":"2023-06-10T08:28:36","slug":"agb","status":"publish","type":"page","link":"https:\/\/heatmebox.com\/en\/agb\/","title":{"rendered":"Terms of Use"},"content":{"rendered":"<div data-elementor-type=\"wp-page\" data-elementor-id=\"1739\" class=\"elementor elementor-1739\" data-elementor-post-type=\"page\">\n\t\t\t\t\t\t<section class=\"elementor-section elementor-top-section elementor-element elementor-element-239f6fed elementor-section-boxed elementor-section-height-default elementor-section-height-default\" data-id=\"239f6fed\" data-element_type=\"section\" data-e-type=\"section\">\n\t\t\t\t\t\t<div class=\"elementor-container elementor-column-gap-default\">\n\t\t\t\t\t<div class=\"elementor-column elementor-col-100 elementor-top-column elementor-element elementor-element-48a39a2e\" data-id=\"48a39a2e\" data-element_type=\"column\" data-e-type=\"column\">\n\t\t\t<div class=\"elementor-widget-wrap elementor-element-populated\">\n\t\t\t\t\t\t<div class=\"elementor-element elementor-element-4d96deb7 elementor-widget elementor-widget-text-editor\" data-id=\"4d96deb7\" data-element_type=\"widget\" data-e-type=\"widget\" data-widget_type=\"text-editor.default\">\n\t\t\t\t<div class=\"elementor-widget-container\">\n\t\t\t\t\t\t\t\t\t<h1>General terms and conditions with customer information<\/h1><h2>Table of contents<\/h2><ol><li>Scope<\/li><li>Conclusion of contract<\/li><li>Right of withdrawal<\/li><li>Prices and terms of payment<\/li><li>Delivery and shipping conditions<\/li><li>Retention of title<\/li><li>Liability for defects (warranty)<\/li><li>Applicable law<\/li><li>Jurisdiction<\/li><li>Code of Conduct<\/li><li>Alternative dispute resolution<\/li><\/ol><h2>1) Scope<\/h2><p><b>1.1<\/b>\u00a0These General Terms and Conditions (hereinafter referred to as \"GTC\") of the company ZNEX Deutschland GmbH &amp; Co. KG (hereinafter referred to as \"Seller\") shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as \"Client\") and the Seller relating to all goods and\/or services presented in the Seller's online store. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.<\/p><p><b>1.2<\/b>\u00a0A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity.<\/p><p><b>1.3<\/b>\u00a0An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.<\/p><h2>2) Conclusion of contract<\/h2><p><b>2.1<\/b>\u00a0The product descriptions contained in the online store of the seller do not represent binding offers on the part of the seller, but serve to submit a binding offer by the customer.<\/p><p><b>2.2<\/b>\u00a0The Customer may submit the offer via the online order form integrated into the Seller's online store. In doing so, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the customer can also submit the offer to the seller by e-mail, by online contact form, by post or by telephone.<\/p><p><b>2.3<\/b>\u00a0The seller may accept the customer's offer within five days,<\/p><ul><li>by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation by the customer shall be decisive, or<\/li><li>by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer is decisive, or<\/li><li>by requesting payment from the customer after the customer's order has been placed.<\/li><\/ul><p>If several of the aforementioned alternatives exist, the contract shall be concluded at the time when one of the aforementioned alternatives occurs first. The period for the acceptance of the offer begins on the day after the sending of the offer by the customer and ends with the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the Customer shall no longer be bound by its declaration of intent.<\/p><p><b>2.4<\/b>\u00a0If you choose a payment method offered by PayPal, the payment will be processed by the payment service provider PayPal (Europe) S.\u00e0 r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: \"PayPal\"), subject to the PayPal Terms of Use, which can be viewed at <a href=\"https:\/\/www.paypal.com\/de\/webapps\/mpp\/ua\/useragreement-full\" target=\"_blank\" rel=\"noopener\">https:\/\/www.paypal.com<wbr \/>\/en<wbr \/>\/webapps<wbr \/>\/mpp<wbr \/>\/ua<wbr \/>\/useragreement-full<\/a> or - if the customer does not have a PayPal account - subject to the terms and conditions for payments without a PayPal account, available at <a href=\"https:\/\/www.paypal.com\/de\/webapps\/mpp\/ua\/privacywax-full\" target=\"_blank\" rel=\"noopener\">https:\/\/www.paypal.com<wbr \/>\/en<wbr \/>\/webapps<wbr \/>\/mpp<wbr \/>\/ua<wbr \/>\/privacywax-full<\/a>. If the customer pays by means of a payment method offered by PayPal that can be selected in the online ordering process, the seller already declares acceptance of the customer's offer at the time the customer clicks the button that completes the ordering process.<\/p><p><b>2.5<\/b>\u00a0When submitting an offer via the Seller's online order form, the text of the contract shall be stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent his order. The seller shall not make the text of the contract accessible beyond this.<\/p><p><b>2.6<\/b>\u00a0Before bindingly placing the order via the Seller's online order form, the Customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the magnification function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that completes the ordering process.<\/p><p><b>2.7<\/b>\u00a0The German and English languages are available for the conclusion of the contract.<\/p><p><b>2.8<\/b>\u00a0The order processing and contacting usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct, so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.<\/p><h2>3) Right of withdrawal<\/h2><p><b>3.1<\/b>\u00a0Consumers are generally entitled to a right of withdrawal.<\/p><p><b>3.2<\/b>\u00a0More information on the right of withdrawal can be found in the seller's cancellation policy.<\/p><p><b>3.3<\/b>\u00a0The right of withdrawal does not apply to consumers who do not belong to a Member State of the European Union at the time of conclusion of the contract and whose sole residence and delivery address are outside the European Union at the time of conclusion of the contract.<\/p><h2>4) Prices and terms of payment<\/h2><p><b>4.1<\/b>\u00a0Unless otherwise stated in the Seller's product description, the prices quoted are total prices that include the statutory value-added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.<\/p><p><b>4.2<\/b>\u00a0In the case of deliveries to countries outside the European Union, further costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.<\/p><p><b>4.3<\/b>\u00a0The payment option(s) will be communicated to the customer in the seller's online store.<\/p><p><b>4.4<\/b>\u00a0If prepayment by bank transfer has been agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed on a later due date.<\/p><p><b>4.5<\/b>\u00a0If the payment method \"SOFORT\" is selected, the payment will be processed via the payment service provider SOFORT GmbH, Theresienh\u00f6he 12, 80339 Munich (hereinafter \"SOFORT\"). In order to be able to pay the invoice amount via \"SOFORT\", the customer must have an online banking account that has been activated for participation in \"SOFORT\", must identify himself accordingly during the payment process and must confirm the payment instruction to \"SOFORT\". The payment transaction will be executed immediately afterwards by \"SOFORT\" and the customer's bank account will be debited. The customer can find more information about the payment method \"SOFORT\" on the Internet under <a href=\"https:\/\/www.klarna.com\/sofort\/\" target=\"_blank\" rel=\"noopener\">https:\/\/www.klarna.com<wbr \/>\/immediately<wbr \/>\/<\/a> retrieve.<\/p><p><b>4.6<\/b>\u00a0If a payment method offered via the payment service \"Stripe\" is selected, the payment is processed via the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter \"Stripe\"). The individual payment methods offered via Stripe are communicated to the customer in the seller's online store. Stripe may use other payment services to process payments, for which special payment conditions may apply, to which the customer may be informed separately. Further information on Stripe can be found on the Internet at <a href=\"https:\/\/stripe.com\/de\" target=\"_blank\" rel=\"noopener\">https:\/\/stripe.com<wbr \/>\/en<\/a> retrievable.<\/p><p><b>4.7<\/b>\u00a0If the payment method credit card via Stripe is selected, the invoice amount is due immediately upon conclusion of the contract. The payment is processed via the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: \"Stripe\"). Stripe reserves the right to perform a credit check and to reject this payment method in case of a negative credit check.<\/p><h2>5) Delivery and shipping conditions<\/h2><p><b>5.1<\/b>\u00a0If the seller offers to ship the goods, the delivery will be made within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the order processing of the seller is decisive. Deviating from this, if the payment method PayPal is selected, the delivery address deposited by the customer with PayPal at the time of payment shall be decisive.<\/p><p><b>5.2<\/b>\u00a0If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This shall not apply with regard to the costs for the return shipment if the customer effectively exercises its right of revocation. In the event that the customer effectively exercises its right of revocation, the provision made in the seller's revocation instructions shall apply to the costs of returning the goods.<\/p><p><b>5.3<\/b>\u00a0If the customer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the customer as soon as the seller has delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall in principle pass to the customer only upon delivery of the goods to the customer or a person authorized to receive the goods. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer, even in the case of consumers, as soon as the seller has delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment, if the customer has commissioned the forwarding agent, the carrier or any other person or institution designated to carry out the shipment to carry out the shipment and the seller has not previously named such person or institution to the customer.<\/p><p><b>5.4<\/b>\u00a0The seller reserves the right to withdraw from the contract in case of incorrect or improper self-delivery. This shall only apply in the event that the Seller is not responsible for the non-delivery and the Seller has concluded a specific covering transaction with the supplier with due diligence. The Seller shall make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded without delay.<\/p><p><b>5.5<\/b>\u00a0Self-collection is not possible for logistical reasons.<\/p><h2>6) Retention of title<\/h2><p>If the seller makes advance payment, he retains ownership of the delivered goods until the purchase price owed has been paid in full.<\/p><h2>7) Liability for defects (warranty)<\/h2><p><b>7.1<\/b>\u00a0Unless otherwise stated in the following provisions, the provisions of the statutory liability for defects shall apply. Deviating from this, the following applies to contracts for the delivery of goods:<\/p><p><b>7.2<\/b>\u00a0If the customer acts as an entrepreneur,<\/p><ul><li>the seller has the choice of the type of subsequent performance;<\/li><li>the limitation period for defects in new goods is one year from delivery of the goods;<\/li><li>the rights and claims due to defects are excluded for used goods;<\/li><li>the limitation period shall not begin again if a replacement delivery is made within the scope of liability for defects.<\/li><\/ul><p><b>7.3<\/b>\u00a0The above-mentioned limitations of liability and shortening of time limits shall not apply to<\/p><ul><li>for claims for damages and reimbursement of expenses of the customer,<\/li><li>in the event that the seller has fraudulently concealed the defect,<\/li><li>for goods that have been used for a building in accordance with their customary use and have caused its defectiveness,<\/li><li>for any existing obligation of the seller to provide updates for digital products, in the case of contracts for the supply of goods with digital elements.<\/li><\/ul><p><b>7.4<\/b>\u00a0In addition, for entrepreneurs, the statutory limitation periods for any statutory right of recourse shall remain unaffected.<\/p><p><b>7.5<\/b>\u00a0If the customer acts as a merchant within the meaning of \u00a7 1 of the German Commercial Code (HGB), he shall be subject to the commercial duty of inspection and notification of defects pursuant to \u00a7 377 of the German Commercial Code (HGB). If the customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.<\/p><p><b>7.6<\/b>\u00a0If the customer is acting as a consumer, he is requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the seller of this. If the customer does not comply with this, this has no effect on his legal or contractual claims for defects.<\/p><h2>8) Applicable law<\/h2><p><b>8.1<\/b>\u00a0The law of the Federal Republic of Germany shall apply to all legal relationships between the parties to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.<\/p><p><b>8.2<\/b>\u00a0Furthermore, this choice of law with regard to the statutory right of withdrawal shall not apply to consumers who do not belong to a Member State of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.<\/p><h2>9) Jurisdiction<\/h2><p>If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the place of business of the seller. If the customer is domiciled outside the territory of the Federal Republic of Germany, the seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. However, in the aforementioned cases, the Seller shall in any case be entitled to invoke the court at the Customer's place of business.<\/p><h2>10) Code of conduct<\/h2><p>- The seller has submitted to the conditions of participation for the eCommerce initiative \"Fairness in Commerce\", which can be found on the Internet at <a href=\"https:\/\/www.fairness-im-handel.de\/teilnahmebedingungen\/\" target=\"_blank\" rel=\"noopener\">https:\/\/www.fairness-im-handel.de<wbr \/>\/conditions of participation<wbr \/>\/<\/a> are visible.<\/p><h2>11) Alternative dispute resolution<\/h2><p><b>11.1<\/b>\u00a0The EU Commission provides a platform for online dispute resolution on the Internet at the following link: <a href=\"https:\/\/ec.europa.eu\/consumers\/odr\" target=\"_blank\" rel=\"noopener\">https:\/\/ec.europa.eu<wbr \/>\/consumers<wbr \/>\/odr<\/a><\/p><p>This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.<\/p><p><b>11.2<\/b> The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t<\/div>","protected":false},"excerpt":{"rendered":"<p>General terms and conditions with customer information Table of contents Scope of application Conclusion of contract Right of withdrawal Prices and terms of payment Delivery and shipping conditions Retention of title Liability for defects (warranty) Applicable ...<\/p>","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-1739","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/heatmebox.com\/en\/wp-json\/wp\/v2\/pages\/1739","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/heatmebox.com\/en\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/heatmebox.com\/en\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/heatmebox.com\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/heatmebox.com\/en\/wp-json\/wp\/v2\/comments?post=1739"}],"version-history":[{"count":0,"href":"https:\/\/heatmebox.com\/en\/wp-json\/wp\/v2\/pages\/1739\/revisions"}],"wp:attachment":[{"href":"https:\/\/heatmebox.com\/en\/wp-json\/wp\/v2\/media?parent=1739"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}