Terms and conditions

Terms and conditions

1. Scope

Orders for all of our consumers for online shop and by the following apply to general terms and conditions.

A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity. Entrepreneur natural or is a person or a legal partnership that acts in the exercise of a commercial, independent professional activity when concluding one of its legal transactions.

For entrepreneurs applies: If the entrepreneur uses conflicting or supplementary terms and conditions, their validity is hereby contradicted; they only become part of the contract if we have expressly consented to this.

2. Contractor contract

The purchase contract is concluded with HYGMASK LTD.

By placing the products in the online shop, we submit a binding offer to conclude the contract. You can initially place our products without obligation into the shopping basket and correct your entries at any time before submitting your binding order by using the corrective aids provided for this purpose in the order process. The contract is concluded by clicking on the order button to accept the offer via the goods contained in the shopping basket. Immediately after the order has been sent, you will receive a confirmation by e-mail.

3. Contract language, treaty text storage

The language available for the contract is German.

We save the contract text and send you the order data and our terms and conditions in text form. The contract text can be viewed in our customer login.

4. delivery terms

In addition to the specified product prices, shipping costs are added. You can find out more about the shipping costs from the offers.

We only deliver by shipping. Unfortunately, a self collection of the product is not possible.

5. pay

The following payment methods are available in our shop:

PayPal Express
In the order process you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or first register, legitimize with your access data and confirm the payment order to us. After placing the order in the shop, we request PayPal to initiate the payment transaction.

Immediately by Klarna
After placing the order, you will be redirected to the website of the online provider Sofort GmbH. In order to be able to pay the invoice amount via Sofort, you must have a bank account that has been activated for online banking, legitimize yourself and confirm the payment order to us. You'll get more information during the ordering process. The payment transaction will be immediately executed immediately and your account debited.

Giropay
After placing the order, you will be redirected to your bank's website. In order to be able to pay the invoice amount via Giropay, you must have a bank account activated for online banking, legitimize yourself accordingly and confirm the payment instruction to us. You'll get more information during the ordering process. The payment transaction is carried out immediately afterwards and your account is debited.

6. Withdrawal

Consumers are entitled to the statutory right of revocation, as described in the revocation. Entrepreneurs are not granted a voluntary right of withdrawal.

7. Retention of Title

The goods remain our property until full payment.
Gilt für Unternehmer ergänzend: behalten Wir uns das Eigentum an der Ware bis zur vollständigen Begleichung Forderungen aus aller vor einer laufenden Geschäftsbeziehung. Vorbehaltsware dürfen die Sie im ordentlichen Geschäftsbetrieb weiterveräußern; sämtliche aus diesem Weiterverkauf entstehenden Forderungen treten Sie - von unabhängig Vermischung oder einer Verbindung mit einer neuen Vorbehaltsware der Sache - in Höhe des Rechnungsbetrages an uns im Voraus ab und nehmen wir diese an Abtretung. Bleiben Sie zur Einziehung der Forderungen ermächtigt, dürfen Forderungen jedoch auch wir selbst einziehen, soweit Zahlungsverpflichtungen nicht Sie Ihren Nachkommen.

8. transport damage

For consumers applies: If goods are delivered with obvious transport damage, so please complain such errors, if possible immediately to the deliverer and please contact us immediately. The failure to file a complaint or contact has no consequences for your statutory claims and their enforcement, in particular your warranty rights. However, they help us claim our own claims against the carrier or the transport insurance.

For entrepreneurs: The risk of accidental loss and accidental deterioration is transferred to you as soon as we have delivered the matter to the carrier, the carrier or the person or institution otherwise intended to carry out the shipment. Among traders, the duty to inspect and to reprimand is regulated in § 377 HGB. If you refrain from doing so, the goods are deemed to have been approved unless they are defects that were not identifiable during the inspection. This does not apply if we have fraudulently concealed a defect.

9. Warranties

Unless explicitly agreed otherwise below, the statutory warranty rights apply.
When buying used goods by consumers applies: if the defect occurs after one year from delivery of the goods, the claims for defects are excluded. Defects that occur within one year from delivery of the goods can be asserted within the statutory limitation period of two years from the delivery of the goods.
For entrepreneurs, the limitation period for claims for defects in newly manufactured items is one year from the passing of risk. The sale of used goods is under exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.
As an agreement on the quality of the goods, only our own data and the product descriptions of the manufacturer, which were included in the contract, are valid as an agreement with the company; We accept no liability for any public statements made by the manufacturer or any other advertising material.
If the delivered item is defective, we shall provide the supplier with a guarantee by remedying the defect (rectification) or by delivering a defect-free item (replacement delivery).
The above limitations and deadline reductions do not apply to claims due to damages caused by us, our legal representatives or vicarious agents
• In case of injury to life, body or health
• in case of intentional or grossly negligent breach of duty as well as malice
• in the case of breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the contractual partner can regularly rely (cardinal obligations)
• as part of a guarantee promise, if agreed
• as far as the scope of application of the Product Liability Act is opened.
Information on any applicable additional guarantees and their exact conditions can be found in the product and on special information pages in the online shop.


10. liability

We are always liable without limitation for claims due to damages caused by us, our legal representatives or vicarious agents
• In case of injury to life, body or health
• in case of intentional or grossly negligent breach of duty
• with guarantee promise, as far as agreed, or
• as far as the scope of application of the Product Liability Act is opened.
In the event of a breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract and (contractual) obligations by ordinary negligence of us, our legal representatives or vicarious agents, the liability shall be limited to the amount foreseeable at the time the contract was concluded Damage limited, which typically has to be expected.
Im Übrigen Ansprüche sind auf Schadensersatz ausgeschlossen.


11. dispute settlement

The European Commission provides a platform for online dispute resolution (OS), which you can find here [https://ec.europa.eu/consumers/odr/]. Consumers have the option to use this platform to resolve their disputes. In order to resolve disputes arising from a contractual relationship with a consumer or whether such a contractual relationship exists, we are obliged to participate in dispute settlement proceedings before a consumer arbitration board. The Federal Universal Arbitration Board at the Center for Arbitration eV, Straßburger Strasse 8, 77694 Kehl am Rhein, www.universalschlichtungsstelle.de [http://www.universalschlichtungsstelle.de] is responsible. We will participate in a dispute settlement procedure before this point.

12. Final Provisions

You are an entrepreneur, then German law applies to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.

General terms and conditions created with the Trusted Shops legal copywriter in cooperation with Wilde Beuger Solmecke Rechtsanwälte.