GTC

General terms and conditions

 

§ 1 General, scope of application

  1. These General Terms and Conditions (hereinafter referred to as \”GTC\”) shall apply to all business relations between DVJC GmbH (hereinafter referred to as the \”Provider\”) and its customer in the version applicable at the time the contract is concluded.
  2. Deviating general terms and conditions of the customer shall be rejected.
  3. Customers according to §1 (1) are consumers. Consumer is any natural person for whom the purpose of the order cannot be attributed to a commercial, self-employed or freelance activity.

 

§ 2 Order of one-time deliveries and conclusion of the contract

  1. The presentation of the goods in the internet shop does not constitute a binding offer by the supplier to conclude a sales contract. The customer is thereby only requested to submit an offer by placing an order. The customer can view past orders in his user account.
  2. If one or more products are selected, the latter will be placed in the virtual shopping basket. All products assigned to this can be viewed in the shopping basket. In addition, the number of ordered products can be changed and an ordered product can be removed. By pressing the button \”Checkout\” (or similar) you will be asked to enter the information relevant for shipping and to select a payment method. Before completing the order, all information relevant for the order will be displayed. By pressing the button \”Buy\”the order process is finished and the order is sent.
  3. By sending the order in the Internet shop, the customer makes a binding offer directed to the conclusion of a purchase contract for the goods contained in the shopping cart. With the sending of the order the customer recognizes also these trading conditions as for the legal relation with the offeror alone authoritatively.
  4. The supplier confirms the receipt of the order of the customer by sending a confirmation e-mail. This order confirmation does not represent yet the acceptance of the contract offer by the offeror. It merely serves to inform the customer that the order has been received by the provider. The explanation of the acceptance of the contract offer takes place by the distribution of the commodity or an express declaration of acceptance.

Please send your return only to the following address:

DVJC GmbH

c/o Ingram Micro CFS E-Business GmbH

Kölner Str. 10

48163 Münster

Germany

This may result in additional costs for the customer.

Opened products will not be refunded.

Products contained in returns that are opened will be destroyed.

For orders which could not be delivered due to debts of the customer, fees will be charged.

 

§ 3 Prices

For orders, the prices listed for the products at the time of the order shall apply. All prices quoted include German statutory value-added tax and do not include shipping costs. Additional costs will be charged separately.

 

§ 4 Terms of delivery

  1. The dispatch is free within Germany and Austria starting from a total value of €39. Shipping to Switzerland is free from a total value of €110.
  2. The supplier is entitled to partial deliveries and partial services. The costs arising from this are borne by the supplier.
  3. The delivery takes place via DHL.
  4. If a buyer does not accept the goods, the supplier can sell the goods to a third party after a period of 2 weeks and make the original buyer liable for any loss incurred.
  5. Should the goods not be available due to force majeure or product discontinuance or the supplier cannot procure the ordered products under reasonable conditions and should these circumstances only occur after conclusion of the contract and not be the responsibility of the supplier, the supplier is released from the delivery obligation. Should events occur which make delivery significantly more difficult or impossible for the Supplier – for example strikes, lockouts, official orders or similar – the Supplier shall not be responsible for delays even in the case of bindingly agreed deadlines and dates.

 

§5 Terms of payment

  1. For orders in Germany we offer the following payment methods:
    credit card, paysafecard and PayPal.
    In Austria: credit card, paysafecard and PayPal.
    In Switzerland: credit card, paysafecard and PayPal.
    We reserve the right to exclude certain payment methods. Temporarily some payment methods may not be available.
  2. In cooperation with Klarna we offer this service as payment method. Further information can be found on this page under \”§ 15 Payment method Klarna\”.

 

§ 6 Transfer of perils

When the goods are handed over, the risk of unforeseeable loss and accidental deterioration of the ordered goods shall pass to the customer or a recipient designated by the customer. This applies regardless of whether the shipment is insured or not. In all other cases, the risk of unforeseeable loss and accidental deterioration of the ordered goods shall pass to the buyer upon delivery, in the case of sale to destination upon delivery of the goods to the forwarding agent or other person or institution designated to carry out the shipment.

 

§ 7 Reservation of title; set-off; right of retention

  1. In the case of consumers, the supplier retains ownership of the purchased item until the invoice amount has been paid in full.
  2. The customer is only entitled to a right of set-off if his counterclaims have been legally established or are undisputed or acknowledged by the provider. The customer\’s right of retention only applies if and insofar as his counterclaim is based on the same contractual relationship.
  3. If the customer is in arrears with any payment obligations towards the provider, all existing claims become due immediately. If necessary, interest on arrears and/or reminder fees arise, which the buyer has to bear.

 

§8 Maturity

Payment of the purchase price is due upon conclusion of the contract.

 

§9 Warranty/defects

The statutory warranty regulations apply.

Important note: Please consult your doctor in case of known intolerances. The same applies to possible interactions with other products or medications taken at the same time.

 

§ 10 Disclaimer

  1. Claims for damages of the customer are excluded, as far as nothing else is determined in the following. The above exclusion of liability also applies in favour of the legal representatives and vicarious agents of the provider if the customer asserts claims against them.
  2. Caims for damages due to injury of life, body, health and claims for damages due to the violation of essential contractual obligations are excluded from the exclusion of liability determined under number 1. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract, e.g. the provider must hand over the item to the customer free of material defects and defects of title and 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 on the part of the provider, its legal representatives or vicarious agents.
  3. We assume no liability for damages caused by third parties (e.g. a service provider).

 

§11 Prohibition of assignment and pledging

The assignment or pledging of claims or rights to which the customer is entitled against the provider is excluded without the consent of the provider, unless the customer proves a justified interest in the assignment or pledging.

 

§12 Cancellation policy

Cancellation Policy

You have the right to revoke this contract within fourteen days without giving reasons.

The withdrawal period shall be fourteen days from the date on which you or a third party other than the carrier designated by you took possession of the goods.

To exercise your right of withdrawal, you must inform us (DVJC GmbH, Bayerstraße 69, 80335 München; order@hypeenergy.de) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter, fax or e-mail). Please also state your full name, your order number and your reasons for your revocation in this e-mail.

In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.

Digital contents are excluded from the right of revocation.

Effects of cancellation

If you revoke this Agreement, we shall repay to you all payments received from you, including delivery charges, immediately and no later than fourteen days from the date on which we received notice of your revocation of this Agreement. We will use the same means of payment as you used in the original transaction for such refund, unless expressly agreed otherwise with you and in no event will you be charged for such refund. We may refuse to refund until we have received the Goods back or until you have provided evidence that you have returned the Goods, whichever is earlier.

You must return or hand over the goods to DVJC GmbH c/o Ingram Micro CFS, Kölner Str. 10, 48163 Münster without delay and in any case within fourteen days from the day on which you notify us of the revocation of this contract at the latest. This period shall be deemed to have been observed if you dispatch the goods before expiry of the period of fourteen days.

You shall bear the direct costs of returning the goods.

 

§ 13 Legal liability for defects

The statutory liability for defects applies to all our products.

 

§14 Coupons & discount codes

  1. Vouchers cannot be purchased, but are issued within the scope of advertising campaigns. These are only valid for the specified period. The voucher expires after one use or expiration of the validity period. Individual products may be excluded from the voucher campaign.
  2. For administrative reasons, it is not possible to refund any residual value of the vouchers or credit. If the value of a voucher or credit is not sufficient for the order, the remaining amount can be balanced with the offered payment options.
  3. Vouchers and credits can only be redeemed before completion of the order process. A subsequent settlement is not possible.
  4. Vouchers and credit balances cannot be transferred to third parties. Several vouchers cannot be combined with each other.
  5. Vouchers will not be refunded if goods are returned in whole or in part. We are not liable for the loss or theft of promotional vouchers.

 

§ 15 Method of payment Klarna

In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is made to Klarna:

Invoice: The payment period is [14] days from dispatch of the goods / ticket / or, in the case of other services, provision of the service. You can find the complete invoice conditions for the countries in which this payment method is available here: Germany, Finland, Denmark, Netherlands, Norway, Austria, Sweden.

The use of the payment method invoice requires a positive credit check. In this respect, we forward your data to Klarna for the purpose of address and credit assessment within the framework of the purchase initiation and processing of the purchase contract. Please understand that we can only offer you those payment methods which are permissible on the basis of the results of the credit check. Further information and Klarnas terms of use can be found here. General information about Klarna can be found here. Your personal details will be treated by Klarna in accordance with the applicable data protection regulations and in accordance with the information in Klarnas privacy policy Germany/ Austria .

 

§16 Choice of law & place of jurisdiction

  1. The contractual relations between the provider and the customer shall be governed by the laws of the Federal Republic of Germany. The mandatory consumer protection regulations of the country in which the customer has his habitual residence are excluded from this choice of law. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
  2. Place of jurisdiction for all disputes arising from the contractual relationship between the customer and the provider is the registered office of the provider, provided that the customer is a merchant, a legal entity under public law or a special fund under public law.

 

§ 17 Data protection

The regulations of our data protection declaration apply to data protection.

 

§ 18 Access to the text of the contract

We save the contract text and send you the order data by e-mail. You can view the GTC at any time. You can view past orders in your customer account.

 

§ 19 Severability clause

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

DVJC GmbH, Bayerstraße 69, 80335 München; order@hypeenergy.de Commercial Register Number: HRB 249417, Munich Local Court

Managing Director: Philip Schumacher

Status: Oktober 2019

The provisions of the German Civil Code (BGB) mentioned in these General Terms and Conditions can be found at http://bundesrecht.juris.de/volltextsuche.html

 

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