General Terms and Conditions (GTC) HPdent GmbH

 

 

§ 1 SCOPE & DEFENSE CLAUSE

1. The following General Terms and Conditions in the version valid at the time of the order apply exclusively to the legal relationships established via this online shop between HPdent GmbH (hereinafter „HPdent“) and its customers.
2. Any deviating general terms and conditions of the customer will be rejected.

 

 

§ 2 CONCLUSION OF THE CONTRACT

1. The presentation of the goods in the web shop does not constitute a binding offer by HPdent to conclude a purchase contract. The customer is hereby merely invited to submit an offer by placing an order.
2. By submitting the order in the web shop, the customer makes a binding offer to conclude a purchase contract for the goods contained in the shopping cart. By submitting the order, the customer also accepts these terms and conditions as the sole determining factor for the legal relationship with HPdent.
3. HPdent confirms receipt of the customer’s order by sending a confirmation email. This order confirmation does not yet represent acceptance of the contract offer by HPdent. It merely serves to inform the customer that the order has been received by HPdent. The declaration of acceptance of the contract offer is made by delivery of the goods or an express declaration of acceptance.

 

 

§ 3 DUE DATE & PAYMENT OPTIONS

1. Payment of the purchase price is due upon conclusion of the contract. The invoice will be sent as a PDF attachment by email on the day of delivery/provision of the goods
2. Payment is processed via Paypal and the payment options offered by Paypal.

 

 

§ 4 RESERVATION OF TITLE

The delivered goods remain the property of HPdent until full payment has been made.

 

 

§ 5 WARRANTY

1. The customer’s warranty rights are governed by the general statutory provisions, unless otherwise specified below. The provisions in Section 6 of these General Terms and Conditions apply to the customer’s claims for damages against HPdent.
2. The limitation period for customer warranty claims is 2 years for newly manufactured items for consumers and 1 year for used items. For businesses, the limitation period for newly manufactured items and used items is 1 year. The above shortening of the limitation periods does not apply to customer claims for damages due to injury to life, body or health, or to claims for damages due to a breach of essential contractual obligations.
   Essential contractual obligations are those whose fulfillment is necessary to achieve the aim of the contract, e.g. HPdent must hand over the item to the customer free of material and legal defects and transfer ownership of it. The above shortening of the limitation periods also does not apply to claims for damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents.
   Also excluded from the shortening of the limitation period in relation to entrepreneurs is the right of recourse under Section 478 of the German Civil Code (BGB).
3. HPdent does not provide a guarantee.

 

 

§ 6 NOTICE OF DEFECTS

1. Complaints must be reported to HPdent by telephone or in writing within 10 days of receipt of the goods at the latest.
2. Customary or minor, technically unavoidable deviations do not constitute grounds for complaint.
3. In case of justified complaints, HPdent has the right to repair or deliver defect-free replacement goods.
4. Claims for defects expire after 12 months.
5. We assume no liability for frost damage.

 

 

§7 DISCLAIMER

1. Claims for damages by the customer are excluded unless otherwise specified below. The above exclusion of liability also applies to the legal representatives and vicarious agents of HPdent, provided the customer asserts claims against them.
2. Excluded from the exclusion of liability specified under point 1 are claims for damages due to injury to life, body or health and claims for damages resulting from the violation of essential contractual obligations.
   Essential contractual obligations are those whose fulfillment is necessary to achieve the goal of the contract, e.g. HPdent must hand over the item to the customer free of material and legal defects and provide ownership of it.
   Also excluded from the exclusion of liability is liability for damages based on an intentional or grossly negligent breach of duty by HPdent, its legal representatives or vicarious agents.
3. Provisions of the Product Liability Act (ProdHaftG) remain unaffected.

 

§ 8 PROHIBITION OF ASSIGNMENT AND PLEDGE

The assignment or pledging of claims or rights to which the customer is entitled against HPdent is excluded without the consent of HPdent, unless the customer proves a legitimate interest in the assignment or pledging.

 

§ 9 SET-OFF

The customer only has a right of set-off if the claim submitted for set-off has been legally established or is undisputed. Withholding due invoice amounts is not permitted.

 

§ 10 CHOICE OF LAW & JURISDICTION

1. The contractual relationships between HPdent and the customer are governed by the law of the Federal Republic of Germany. Excluded from this choice of law are the mandatory consumer protection regulations of the country in which the customer has his or her habitual residence. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
2. The place of jurisdiction for all disputes arising from the contractual relationship between the customer and HPdent is the registered office of HPdent, provided that the customer is a merchant, a legal entity under public law or a special fund under public law.

 

§ 11 SALVATION CLAUSE

Should any provision of these General Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions.