General Terms and Conditions (GTC) HPdent GmbH

§ 1 SCOPE & DEFENSE CLAUSE

1. For the legal relations between HPdent GmbH (hereinafter referred to as “HPdent”) and its customers established via this online store, the following General Terms and Conditions in the respective version at the time of the order shall apply exclusively.
2. Deviating general terms and conditions of the customer are rejected.

§ 2 COMING INTO EXISTENCE OF THE CONTRACT

1. The presentation of the goods in the web store does not constitute a binding offer by HPdent to conclude a purchase contract. The customer is merely requested to make an offer by placing an order.
2. By sending the order in the web store, the customer submits a binding offer directed to the conclusion of a purchase contract for the goods contained in the shopping cart. By sending the order, the customer also accepts these terms and conditions as solely authoritative for the legal relationship with HPdent.
3. HPdent confirms receipt of the customer’s order by sending a confirmation e-mail. This order confirmation does not yet represent the acceptance of the contract offer by HPdent. It only 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 e-mail on the day of delivery/provision of the goods.
2. Payment is processed through Paypal and from the payment options offered by Paypal.

§ 4 RESERVATION OF OWNERSHIP

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

§ 5 WARRANTY

1. The customer’s warranty rights shall be governed by the general statutory provisions, unless otherwise stipulated below. For claims for damages of the client against HPdent the regulation in § 6 of these GTC applies.
2. The limitation period for warranty claims of the customer is 2 years for newly manufactured goods and 1 year for used goods. The above reduction of the limitation periods shall not apply to claims for damages by the customer based on injury to life, limb or health or to claims for damages based on a breach of material contractual obligations.
   Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract, e.g. HPdent shall hand over the item to the customer free of material defects and defects of title and shall procure ownership of it. The aforementioned shortening of the limitation periods shall also 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.
   The right of recourse pursuant to Section 478 of the German Civil Code (BGB) shall also be exempt from the shortening of the limitation periods vis-à-vis entrepreneurs.
3. No warranty is declared by HPdent.

§ 6 MANAGEMENTS

1. Complaints must be made by telephone or in writing to HPdent within 10 days of receipt of the goods at the latest.
2. Customary or minor, technically unavoidable deviations do not entitle to complaints.
3. In the event of justified complaints, HPdent shall be entitled to rectification of defects or delivery of defect-free replacement goods.
4. Claims for defects are subject to a limitation period of 12 months.
5. We do not assume any liability for frost damage.

§7 DISCLAIMER

1. Claims for damages by the customer are excluded, unless otherwise stipulated below. The above exclusion of liability also applies in favor of the legal representatives and vicarious agents of HPdent, if the customer asserts claims against them.
2. Excluded from the exclusion of liability set out in clause 1 are claims for damages due to injury to life, limb or health and claims for damages arising from the breach of material contractual obligations.
   Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract, e.g. HPdent shall hand over the item to the customer free of material defects and defects of title and shall procure ownership of it.
   Also excluded from the exclusion of liability is liability for damages resulting from an intentional or grossly negligent breach of duty by HPdent, its legal representatives or vicarious agents.
3. The provisions of the Product Liability Act (ProdHaftG) shall remain unaffected.

§ 8 PROHIBITION OF ASSIGNMENT AND PLEDGE

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

§ 9 OFFSETTING

The customer shall only have a right of set-off if its claim put forward for set-off has been legally established or is undisputed. The withholding of invoice amounts due is inadmissible.

§ 10 CHOICE OF LAW & PLACE OF JURISDICTION

1. The contractual relations between HPdent and the client shall be governed by the laws of the Federal Republic of Germany. This choice of law shall not apply to the mandatory consumer protection provisions of the country in which the client has his 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 SEVERABILITY CLAUSE

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