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Terms & Conditions

1. SCOPE OF APPLICATION
For all orders through our online store by consumers and entrepreneurs, the following terms and conditions apply.

A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his 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 his commercial or independent professional activity.

The following shall apply to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they shall only become an integral part of the contract if we have expressly agreed to them.

2. CONTRACTING PARTIES, CONCLUSION OF CONTRACT, CORRECTION OPTIONS
The purchase contract is concluded with HYGMASK GmbH.

By placing the products in the online store, we make a binding offer to conclude a contract for these items. You can place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided and explained for this purpose in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking on the order button. Immediately after sending the order, you will receive another confirmation by e-mail.

3. CONTRACT LANGUAGE, CONTRACT TEXT STORAGE
The language (s) available for the conclusion of the contract: German, English, French, Dutch, Spanish, Italian, Polish

We store the contract text and send you the order data and our terms and conditions in text form. You can view the contract text in our customer login.

4. DELIVERY CONDITIONS
In addition to the stated product prices shipping costs may still apply. For further details on any applicable shipping costs, please refer to the offers.

In principle, you have the option of collection from HYGMASK GmbH, Gewerbestrasse 7, 2525 Günselsdorf, Austria at the following business hours: 09:30 - 17:30

We do not deliver to pack pick up stations.

5. PAYMENT
In our shop, the following payment methods are generally available:

Prepayment
If you choose the payment method prepayment, we will tell you our bank details in a separate e-mail and deliver the goods after receipt of payment.

Credit card
By submitting the order you enter your credit card details. After your legitimacy as a legitimate cardholder, the payment transaction will automatically be completed and your card will be charged.

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.

Purchase on account of Klarna
In cooperation with Klarna AB (www.klarna.de), Sveavägen 46, Stockholm, Sweden, we offer you purchase on account as a payment option. Please note that Klarna invoices are only available to consumers and that payment must be made to Klarna in each case. When buying on account with Klarna, you always get the goods first and you always have a payment period of 14 days. The full terms and conditions for purchase on account can be found here [https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_de/invoice?fee=0].

on account
You pay the invoice amount after receipt of the goods and the invoice by bank transfer to our bank account. We reserve the right to offer the purchase on account only after a successful credit check.

6. RIGHT OF WITHDRAWAL
Consumers are entitled to the statutory right of withdrawal, as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of withdrawal.

7. RESERVATION OF OWNERSHIP
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
The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such defects to the delivery company as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, they help us to be able to assert 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. WARRANTY AND GUARANTEES
Unless expressly agreed otherwise below, the statutory law on liability for defects shall apply.
In the case of the purchase of used goods by consumers, the following shall apply: if the defect occurs after the expiry of one year from the delivery of the goods, the claims for defects shall be excluded. Defects that occur within one year from delivery of the goods can be claimed within the statutory limitation period of two years from 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, or
• as far as the scope of application of the Product Liability Act is opened.
Information on any applicable additional warranties and their exact conditions can be found with the product and on special information pages in the online shop.


10. LIABILITY
For claims based on damages caused by us, our legal representatives or agents, we are always liable without limitation
• 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 is a prerequisite for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the liability shall be limited to the amount of the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.


11. DISPUTE RESOLUTION
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
If you are an entrepreneur, then German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

In the sense of the German Commercial Code, you are a merchant, a legal entity under public law or a special fund under public law, and for all exclusive jurisdiction disputes, contractual relationships between us and between you are our place of business.


Terms and conditions created withrechtstexter.de [https://legal.trustedshops.com/legalwizard].