Terms of service
General terms and conditions buy (July 2023)
General terms and conditions buy (July 2023)
These general terms and conditions buy (hereinafter: AGB purchase) apply to all concluded contracts for deliveries and services between Hotmobil Deutschland GmbH (hereinafter: Hotmobil), and the buyer (hereinafter: buyer or customer) as an entrepreneur i. S. d. § 14 BGB (contract is part of the business operations of his company). These conditions also apply if the buyer is a legal entity under public law or public special funds.
1. All agreements made between the Hotmobil and the buyer in connection with the purchase contract also result from these terms and conditions. The following applies.
2. All deliveries and services from the purchase contract, including service and advisory services, are carried out exclusively on the basis of the following conditions, unless the buyer and hot mobile have agreed.
3. Hotmobil does not recognize conflicting terms and conditions unless Hotmobil has expressly approved its validity in writing. These terms and conditions purchase also apply if Hotmobil, in the knowledge of conflicting or deviating terms, provides the services to the customer without reservation or does not expressly object to the buyer's terms and conditions again after receipt. Different agreements and oral agreements are only effective if the hot mobil is in writing
or confirmed by email.
4. Personal data is required for the management of a customer account. The required data is marked with a "*" in the registration. By registering, the buyer agrees to the use of this data for the purpose of account management. Hotmobil processes this data after the buyer's consent to process inquiries and for contract processing, taking into account the applicable data protection regulations
II. Offer and conclusion of the contract
1. Hotmobil reserves the ownership, copyright and other rights to the documents belonging to the offer (e.g. illustrations, drawings, labels). They may only be made accessible in third parties if they are expressly intended to pass on or the prior written consent of the HotMobil is expressly intended.
2. Hotmobil offers are subject to change. Development and other agreements are only binding by written agreement between the buyer and the HotMobil based on this terms and conditions.
3. The presentation and application of articles by Hotmobil are not a binding offer to conclude a purchase contract.
4. A contract is only concluded if the hot mobile and the buyer have signed the written purchase contract based on this terms and conditions.
5. If the delivery of the goods ordered by the buyer is not possible, for example because the corresponding goods are not in stock, Hotmobil refrains from concluding a contract. In this case, a contract does not come about. Hotmobil will inform the buyer immediately and reimburse the consideration that has already been received.
6. The information and illustrations contained in the Hotmobil or attached are only binding, as they are expressly marked as binding. Silent optical deviations are not a lack of the object of purchase as such.
Hotmobil prices are placed in addition to the valid VAT and are calculated in euros. In addition, they sit down as follows:
a. Sales price ex works,
b. If necessary, additional price for accessories
c. Possibly basic amount for commissioning, instruction and handover
d. Locks of costs for transport plus packaging
e. Customs and freight costs
IV. Delivery conditions and terms of payment
1. Hotmobil is entitled to partial deliveries insofar as this is reasonable for the buyer.
2. The delivery period depends on the manufacturing capacity and will be informed of the customer with a contract with the contract, unless otherwise agreed.
3. The respective contractual payment terms are sent separately in writing in the purchase contract between the HotMobil and the customer.
V. prices and shipping costs
1. All prices are net prices plus the applicable statutory sales tax and understand themselves, including shipping costs.
2. In the case of partial deliveries, the following applies: If Hotmobil fulfills the order of the buyer in accordance with Section IV. If the partial deliveries are made at the buyer's own request, Hotobil calculates shipping costs for every partial delivery.
VI. Terms of payment, offsetting, right of retention
1. The purchase price and the shipping costs are immediately due by ordering in accordance with Section II, unless otherwise agreed. The buyer can transfer the purchase price and the shipping costs at his choice to Hotmobil's account by means of the Sofortüberweisung or pay by PayPal or credit card.
2. In the event of a successful credit check, purchase is possible on account. The respective payment term is individually determined by Hotmobil. Hotmobil reserves the right to supply customers only against prepayment. A discount deduction requires an express agreement. A discount deduction can only be recognized by Hotmobil if the payment has been received by Hotmobil at the agreed or at the invoice.
3. The buyer is not entitled to count against the claims from Hotmobil, unless these counterclaims are legally established or undisputed. The buyer is also entitled to offset the claims of Hotmobil if the buyer asserts notices or counterclaims from the same purchase contract.
4. The buyer may only exercise a right of retention if the counterclaim occurs from the same purchase contract.
5. If the buyer is delayed in payment, reminder costs of EUR 40.00 will incur a flat costs for each reminder.
6. Regardless of a repayment determination declared by the buyer, incoming partial payments are initially counted towards any costs, interest claims and then the oldest residues. Hotmobil will issue the buyer accordingly.
VII. Delivery and performance period
1. The delivery date is binding between the HotMobil and the buyer in the purchase contract based on this terms and conditions.
2. Hotmobil's commissioning is not due, unless it has been expressly agreed.
3. In the event of force majeure and other unpredictable, extraordinary and unalterated circumstances, e.g. operational disorders, delivery delays by the templates, strikes, traffic jams and official interventions as well as other unpredictable, unavoidable events, the hot mobile is not to be extended if hot mobile timely fulfillment of his obligations is hindered, the delivery and performance period by the duration of the delay. If the delivery is impossible due to the circumstances mentioned, Hotobil is released from the delivery obligation.
4. Unless expressly agreed otherwise, the place of performance is the seat of the buyer. The transfer of danger takes place with the handover of the purchased item to the freight forwarder, the carrier or the person otherwise designed to carry out the dispatch by hot mobil, who select it with the usual care in traffic.
VIII. Investigation and notification obligation, warranty / rights of defect
1. Defects are immediately, but at the latest within an exclusion period of three days after receipt of the delivery or occurrence of the defect, to be reported in writing at Hotmobil.
2. Hotmobil assumes no guarantee for defects caused by non -observance of the operating instructions and improper changes by the buyer.
3. HotMobil expressly indicates that wear parts (such as seals, heating rods) worn out by regular consumption are not comprised by the buyer's rights of defect.
1. Hotmobil is liable to the buyer in all cases of contractual and non -contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for compensation or replacement in vain expenses.
2. In other cases, Hotmobil is only liable - as far as in No. 3 not deviating differently - only if a contractual obligation is violated, the fulfillment of which enables the proper implementation of the contract in the first place and that the buyer can regularly trust (so -called cardinal obligation), namely limited to the replacement of the foreseeable and typical damage. In all other cases, the liability of Hotmobil - subject to the regulation in No. 3- is excluded.
3. Hotmobil's liability for damage from the violation of life, body or health and according to the Product Liability Act remains unaffected by the above limitations and exclusions.
4. The liability restrictions and exclusions mentioned under No. 1 to 3 do not apply to claims that should have arisen due to fraudulent behavior on the part of the hot mobile.
5. The pre -drawn liability excludes also apply to employees, employees, representatives and vicarious agents from Hotmobil.
X. Reference to title, resale and assignment
1. Hotenmobil reserves the right to pay the purchase price in full payment of the purchase price.
2. The buyer is entitled to further sell the purchased item in addition to accessories in the ordinary business course. He is already deducting all claims against his customer in the amount of the net invoice amount invoiced to his customer, which he is entitled to from the resale of the reserved property against his customer. The buyer remains revocably authorized to collect the claims with his customer. Hotmobil's authority to be able to collect the claims remains unaffected. Hotobil undertakes not to collect the claims as long as the buyer fulfills his payment obligations from the revenue that has been received, does not make a delay in payment or an application to open the insolvency proceedings on the buyer's assets. If one of these cases occurs, the buyer is obliged to provide the assigned claims and their debtor Hotmobil and to issue all the necessary documents to Hotmobil. The buyer immediately disclosed this assignment towards his customer.
3. The buyer is also obliged for the period of reserved property to treat the purchased item with care and to carry out maintenance work at his own expense. If the buyer does not comply with his contractual obligations, in particular the timely purchase price payment, Hotobil will declare the withdrawal from the purchase contract after a reasonable deadline and request the release of the goods subject to retention of subject to the buyer or the third party.
XI. Copyrights & rights to related property rights
1. At the documents received in the course of the conclusion of the contract, images, operating instructions, terms and conditions etc.) in electronic and written form, the customer acquires simple and non -transferable usage rights for their own purposes.
2. The contractual partner is forbidden to copy, change or duplicate these documents for their own use in legal traffic. Any use of these documents that go beyond the internal purposes requires the previous, separate and express consent from Hotmobil in text form. Furthermore, Hotmobil is not liable for protective or copyright damage from third parties, which arise from the contractual partner's use contrary to the contract.
XII. Applicable law/contractual language
German law applies exclusively; The application of the UN sales law agreement is excluded.
Contract language is German.
1. If individual provisions of this contract should be or should be legally ineffective or the contract contains a so -called contractual gap, the rest of the contract should not be affected in its legal efficacy.
2. Rather, legal provisions or so -called contractual gaps are - insofar as this is compatible with the purpose of the contract - with other provisions that lead to the legally similar and lead to a resultable result in accordance with the contractual parties.
3. There are no oral side agreements. Changes and additions to this contract require the written form and the written confirmation of the
other contractual partners. The agreement also requires the written form requirement.
4. For all disputes arising directly or indirectly from the contractual relationship, the court responsible for the headquarters of Hotmobil is exclusive place of jurisdiction. In addition, Hotmobil is entitled to sue in front of the court who is responsible for the buyer's headquarters.