Terms and Conditions

General Terms and Conditions with Customer Informations

1. Scope
2. Offers and service descriptions
3. Order process and conclusion of contract
4. Prices and shipping costs
5. Delivery, availability of goods
6. Terms of payment
7. Retention of title
8. Customer account
9. Warranty for material defects and guarantee
10. Liability
11. Storage of the contract text
12. Final provisions

1. Scope
1.1. The following General Terms and Conditions in the version valid at the time of the order shall apply exclusively to the business relationship between HL Event Group GmbH, Königsberger Str. 2, 91564 Neuendettelsau (hereinafter referred to as “Seller”) and the customer (hereinafter referred to as “Customer”).

1.2. A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for a purpose that cannot be attributed predominantly to their commercial or independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

1.3. Any deviating conditions of the customer will not be accepted unless the seller expressly agrees to their validity.

2. Offers and service descriptions
2.1 The presentation of the products in the online shop does not constitute a legally binding offer, but an invitation to place an order. Descriptions of services in catalogues and on the seller's websites do not have the character of a representation or guarantee.

2.2 All offers are valid "while stocks last" unless otherwise stated for the products. Otherwise, errors remain reserved.

3. Order process and conclusion of contract
3.1. The customer can select products from the seller's range without obligation and collect them in a so-called shopping cart by clicking on the "Add to cart" button. The product selection can be changed within the shopping cart, e.g. deleted. The customer can then proceed to complete the ordering process within the shopping cart by clicking on the "Continue to checkout" button.

3.2. By clicking on the "Order with payment" button, the customer submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time and use the browser's "back" function to return to the shopping cart or cancel the order process altogether. Required information is marked with an asterisk (*).

3.3. The seller then sends the customer an automatic confirmation of receipt by email, in which the customer's order is listed again and which the customer can print out using the "Print" function (order confirmation). The automatic confirmation of receipt merely documents that the customer's order has been received by the seller and does not constitute acceptance of the application. The purchase contract is only concluded when the seller has sent the ordered product to the customer within 2 days, handed it over or confirmed the shipment to the customer within 2 days with a second email, express order confirmation or sending of the invoice. Acceptance can also be made by a payment request addressed to the customer by the seller and at the latest by completing the payment process. In the case of multiple acceptance processes, the earliest acceptance time is decisive. If the seller does not accept the customer's offer within the acceptance period, no contract is concluded and the customer is no longer bound to his offer.

3.4 In the case of customers who are companies, the aforementioned period for dispatch, delivery or order confirmation shall be seven days instead of two.

3.5. If the seller allows payment in advance, the contract is concluded when the bank details and payment request are provided. If payment is not received by the seller within 10 calendar days of the order confirmation being sent, even after a further request, despite being due, the seller will withdraw from the contract, with the result that the order is no longer valid and the seller is not obliged to deliver. The order is then completed for the buyer and seller without any further consequences. The item is therefore reserved for a maximum of 10 calendar days when paying in advance.

4. Prices and shipping costs
4.1 All prices stated on the Seller’s website include the applicable statutory value added tax.

4.2. In addition to the prices stated, the seller will charge shipping costs for delivery. The shipping costs will be clearly communicated to the buyer on a separate information page and during the ordering process.

5. Delivery, availability of goods
5.1 If advance payment has been agreed, delivery will take place after receipt of the invoice amount.

5.2. If the delivery of the goods fails due to the buyer's fault despite three delivery attempts, the seller can withdraw from the contract. Any payments made will be refunded to the customer immediately.

5.3. If the ordered product is not available because the seller is not supplied with this product by its supplier through no fault of its own, the seller can withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, suggest the delivery of a comparable product. If no comparable product is available or the customer does not want a comparable product to be delivered, the seller will immediately reimburse the customer for any consideration already provided.

5.4. Customers will be informed about delivery times and delivery restrictions (e.g. restriction of deliveries to certain countries) on a separate information page or within the respective product description.

5.5 In the case of customers who are companies, the risk of accidental loss and accidental deterioration of the goods shall pass to the buyer as soon as the seller has delivered the goods to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment; the delivery dates and deadlines specified are not fixed dates, unless otherwise agreed and agreed.

5.6 The seller is not responsible for delays in delivery and performance due to force majeure and unforeseeable events that make delivery significantly more difficult or impossible for the seller, even if binding deadlines and dates have been agreed. In this case, the seller is entitled to postpone delivery or performance by the duration of the hindrance plus a reasonable start-up period. The right to postpone the deadline also applies to customers who are entrepreneurs in cases of unforeseeable events that affect the operations of a sub-supplier and are neither the responsibility of the customer nor the seller. During the duration of this hindrance, the customer is also released from his contractual obligations, in particular payment. If the delay is unreasonable for the customer, he can withdraw from the contract by written declaration after a reasonable deadline set by him or after mutual consultation with the seller.

6. Terms of payment
6.1. The customer can choose from the available payment methods during and before completing the order process. Customers are informed about the available payment methods on a separate information page.

6.2. If payment by invoice is possible, payment must be made within 30 days of receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deduction.

6.3. If third parties are commissioned to process payments, e.g. Paypal, their general terms and conditions apply.

6.4. If the due date for payment is determined according to the calendar, the customer will be in default simply by missing the deadline. In this case, the customer must pay the statutory default interest.

6.5 The Customer’s obligation to pay default interest does not exclude the Seller from claiming further damages caused by default.

6.6. The customer is only entitled to a right of set-off if his counterclaims have been legally established or recognized by the seller. The customer can only exercise a right of retention if the claims result from the same contractual relationship.

7. Retention of title
The delivered goods remain the property of the seller until full payment has been made.
The following also applies to customers who are entrepreneurs: The seller reserves ownership of the goods until all claims from an ongoing business relationship have been settled in full. The buyer is obliged to treat the purchased item with care as long as ownership has not yet been transferred to him. In particular, he is obliged to insure it against theft, fire and water damage at his own expense, if appropriate or customary in the industry, to the value of the new item. If maintenance and inspection work must be carried out, the buyer must carry this out in a timely manner at his own expense. The processing or transformation of the reserved goods by the customer is always carried out for the seller. If the reserved goods are processed with other items that do not belong to the seller, the seller acquires co-ownership of the new item in proportion to the value of the reserved goods to the other processed items at the time of processing. The same applies to the item created through processing as to the reserved goods. The customer also assigns the claim to secure the claims against him that arise from the combination of the reserved goods with a property against a third party. The customer must immediately report any access by third parties to the goods owned or co-owned by the seller. The customer shall bear the costs of a third-party objection action or costs of an out-of-court release arising from such interventions. The customer is entitled to resell the reserved goods in the ordinary course of business. The customer assigns to the seller in full any claims arising from resale or other legal grounds relating to the reserved goods (including all balance claims from current accounts) as security. The seller revocably authorizes the customer to collect the claims assigned to the seller for its own account and in its own name. This direct debit authorization can be revoked if the customer does not properly meet its payment obligations. The seller undertakes to release the securities to which the seller is entitled at the customer's request if their total sales value exceeds the sum of all of the seller's outstanding claims from the business relationship by more than 10% (or more than 50% if there is a risk of realization). The selection of the securities to be released is the responsibility of the seller. Upon settlement of all of the seller's claims from delivery transactions, ownership of the reserved goods and the assigned claims shall pass to the buyer. The selection of the securities to be released shall be the responsibility of the seller.

8. Customer account

8.1 The seller does not currently provide customers with a customer account. Within the customer account, customers are provided with information about the orders and their customer data stored by the seller. The information stored in the customer account is not public.

8.2. Customers do not need to create a customer account to place an order. Customers can also place an order as a guest without having to create a customer account.

8.3. Customers are obliged to provide truthful information in their customer account and to adapt the information to changes in the actual circumstances as far as this is necessary (e.g. a changed email address in the event of a change or a changed postal address before placing an order). Customers are responsible for any disadvantages that arise due to incorrect information.

8.4. The customer account may only be used in accordance with the applicable legal provisions, in particular the provisions for the protection of third-party rights, and in accordance with the seller's general terms and conditions using the access masks and other technical access options provided by the seller. Any other type of use, in particular by external software such as bots or crawlers, is prohibited.

8.5. If customers save, enter or otherwise post content or information (hereinafter referred to as "content") within the customer account, the customers are responsible for this information. The seller does not claim ownership of the customers' content. However, the seller reserves the right to take appropriate measures depending on the degree of risk of infringement posed by the content, in particular the risk to third parties. The measures, which take into account the criteria of necessity, appropriateness, care, objectivity, reasonableness and the interests of all those involved, in particular the fundamental rights of the customers, may include the (partial) deletion of content, requests for action and explanations, warnings and reprimands as well as bans from the premises.

8.6. Customers can terminate the customer account at any time. The seller can terminate the customer account at any time with a reasonable notice period, which is usually two weeks. The termination must be reasonable for the customer. The seller reserves the right to terminate for extraordinary reasons.

8.7. From the time of termination, the customer account and the information stored in the customer account are no longer available to the customer. It is the customer's responsibility to back up his data when terminating the customer account.

9. Warranty for material defects and guarantee
9.1 The warranty (liability for defects) is determined according to statutory provisions, subject to the following regulations.

9.2. A guarantee only exists for the goods delivered by the seller if this has been expressly given. Customers are informed of the guarantee conditions before initiating the order process.

9.3 If the customer is an entrepreneur, he must inspect the goods without delay, without prejudice to statutory obligations to give notice of defects, and report any identifiable defects to the supplier in writing without delay, at the latest within two weeks of delivery, and any non-identifiable defects without delay, at the latest within two weeks of discovery. Customary, permissible or minor deviations in quality, weight, size, thickness, width, equipment, pattern and color are not defects.

9.4 If the Customer is an entrepreneur, the Seller shall choose between repairing or replacing defective goods.

9.5 Without prejudice to the liability provisions of these GTC, material defects shall generally become statute-barred one year after the transfer of risk for customers who are entrepreneurs, unless longer periods are prescribed by law, in particular in the case of special provisions for the entrepreneur's recourse. In the case of used goods, the warranty of customers who are entrepreneurs is excluded.

9.6 If the customer, who is an entrepreneur, has installed the defective item within the meaning of Section 439 (3) BGB in another item or attached it to another item in accordance with its type and intended use, the seller is not obliged, subject to an express agreement and without prejudice to the other warranty obligations, to reimburse the customer for the necessary expenses for the removal of the defective item and the installation or attachment of the repaired or delivered defect-free item within the scope of subsequent performance. Accordingly, the seller is also not obliged to reimburse expenses for the removal of the defective item and the installation or fitting of the repaired or delivered defect-free item in the context of recourse by the customer within the supply chain (i.e. between the customer and its customers).

10. Liability
10.1 The following exclusions and limitations of liability shall apply to the Seller's liability for damages, notwithstanding the other statutory requirements for claims.

10.2 The Seller shall be liable without limitation insofar as the cause of the damage is based on intent or gross negligence.

10.3 Furthermore, the Seller shall be liable for the slightly negligent breach of material obligations, the breach of which jeopardizes the achievement of the purpose of the contract, or for the breach of obligations, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the Customer regularly relies. In this case, however, the seller shall only be liable for foreseeable damage typical of the contract. The Seller shall not be liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.

10.4 The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.

10.5 Insofar as the Seller's liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.

11. Storage of the contract text
11.1 The customer can print out the text of the contract before submitting the order to the seller by using the print function of his browser in the last step of the order.

11.2 The seller shall also send the customer an order confirmation with all order data to the e-mail address provided by the customer. With the order confirmation, but at the latest upon delivery of the goods, the customer will also receive a copy of the General Terms and Conditions together with the cancellation policy and the information on shipping costs and delivery and payment terms. If you have registered in our store, you can view the orders you have placed in your profile area. We also save the text of the contract, but do not make it accessible on the Internet.

11.3 Customers who are entrepreneurs can receive the contract documents by e-mail, in writing or by referring to an online source.

12. Final provisions
12.1 If the Buyer is an entrepreneur, the place of performance shall be the Seller's registered office, subject to other agreements or mandatory statutory provisions, while the place of jurisdiction shall be the Seller's registered office if the Customer is a merchant, a legal entity under public law or a special fund under public law or if the Buyer has no general place of jurisdiction in the Seller's country of domicile. The seller reserves the right to choose another permissible place of jurisdiction.

12.2 In the case of entrepreneurs, the law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods, provided that this does not conflict with any mandatory statutory provisions.

12.3 The contractual language is German.

12.4 Platform of the European Commission for online dispute resolution (OS) for consumers: http://ec.europa.eu/consumers/odr/. We are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.