General Terms and Conditions and Client Information
Table of Contents
1. Scope of Application
2. Conclusion of Contract
3. Right to Cancel
4. Prices and Payment Conditions
5. Shipment and Delivery Conditions
6. Reservation of Proprietary Rights
8. Applicable Law
9. Alternative dispute resolution
1) Scope of Application
1.1 These General Terms and Conditions of Dr. Laszlo Hum (hereinafter referred to as “Seller”) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as “ Client”) using means of distance communication (for example phone, fax, e-mail, letter) by way of exclusively individual communication in accordance with section 312 j (5),sentence 1 German Civil Code. The inclusion of the Client’s own conditions is herewith objected to, unless otherwise agreed.
1.2 A consumer pursuant to these GTC is any natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self-employed occupational activity. A trader pursuant to these GTC is any natural or legal person or partnership with legal capacity acting in the performance of a commercial or self-employed occupational activity when concluding a legal transaction.
2) Conclusion of Contract
2.1 The Client may send a non-binding request to the Seller by phone, fax, e-mail, letter or via the online form displayed on the Seller’s website regarding the submission of an offer. Following that request, the Seller will send a binding offer to the Client in text form (for example by e-mail, fax or letter) regarding the goods from the Seller’s assortments of products previously selected by the Client.
2.2 The Client can accept this offer by a declaration of acceptance transmitted to the Seller by phone, fax, e-mail, letter or via the online form displayed on the Seller’s website or by paying the remuneration offered by the Seller within 7 (seven) days following the receipt of the offer. For the calculation of the time limit the day of the receipt of the order is not counted. The day of the Seller’s receipt of payment shall be decisive for the acceptance of the order by means of paying. If the last day of the deadline for accepting the offer falls on a Saturday or a Sunday or a public holiday at the Client’s place of business, such day will be replaced by the following working day. If the Client does not accept the Seller’s offer within the aforementioned time limit, the Seller will not be bound by his offer and is entitled to freely dispose of the goods. The Seller will emphasize this point in his offer.
3) Right to Cancel
3.1 Consumers are entitled to the right to cancel.
3.2 Detailed information about the right to cancel are provided in the Seller’s instruction on cancellation.
4) Prices and Payment Conditions
4.1 Unless otherwise stated in the Seller’s product description, prices indicated are total prices including the statutory sales tax.
The goods are subject to differential taxation (§25a UStG, used items, collectibles, and antiques special regulation). VAT cannot be shown on the invoice for these goods.
Delivery costs will be indicated separately in the respective product description
4.2 The payment option(s) will be communicated to the Client in the Seller’s offer. Unless otherwise agreed in individual cases, the customer may pay the purchase price solely by prepayment/bank transfer or PayPal on PayPal Invoice. In case of self-collection, the customer can also pay the purchase price in cash on site.
4.3 In case of delivery to countries outside the European Union, additional costs may incur in individual cases for which the Seller is not responsible and which have to be borne by the Client. This includes for example transfer fees charged by banking institutes (transfer charges, exchange fees) or import duties or taxes (customs). Such costs regarding money transfer may also incur, if delivery is not made in a country outside the European Union and the Client carries out the payment from a country outside the European Union.
4.4 If prepayment by bank transfer has been agreed upon, payment is due immediately after conclusion of the contract, unless the parties have arranged a later maturity date
4.5 When choosing the payment method “PayPal” , the handling of payments is done via the payment service provider PayPal (Europe) S.a.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449, subject to the conditions of use which can viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. This would require, among other things that the Client has opened a PayPal account or he already has such an account.
4.6 In case of self-collection, the customer can also pay the purchase price in cash at the Seller’s place of business.
5) Shipment and Delivery Conditions
5.1 Goods are generally delivered on dispatch route and to the delivery address indicated by the Client, unless agreed otherwise. During the processing of the transaction, the delivery address indicated in the Seller’s order processing is decisive. However, in case the Client selects the payment method PayPal, the delivery address deposited with PayPal at the date of payment shall be decisive.
5.2 Should the assigned transport company return the goods to the Seller, because delivery to the Client was not possible, the Client bears the costs for the unsuccessful dispatch. This shall not apply, if the Client exercises his right to cancel effectively, if the delivery cannot be made due to circumstances beyond the Client’s control or if he has been temporarily impeded to receive the offered service, unless the Seller has notified the Client about the service for a reasonable time in advance.
5.3 Should the Client collect the goods himself, the Seller informs the Client by e-mail that the goods are available for collection. After receiving the e-mail, the Client may collect the goods in consultation with the Seller at the Seller’s place of business. In this case shipment costs will not be charged.
5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if the Seller is not responsible for the non-supply and if he has concluded a concrete hedging transaction with the supplier. The Seller shall make all reasonable efforts to obtain the goods. In case of non-availability or partial availability of the goods he shall inform the Client and grant him immediately counterperformance.
6) Reservation of Proprietary Rights
If the Seller provides advance deliveries, he retains title of ownership to the delivered goods, until the purchase price owed has been paid in full.
7.1 Unless otherwise stipulated , the provisions of the statutory liability for defects shall apply. Deviating therefrom, the following shall apply to contracts for the delivery of goods:
7.2 If the Client acts as trader
– the Seller may choose the type of subsequent performance,
– for new goods, the limitation period for claims for defects shall be one year from delivery of the goods,
– for used goods, the rights and claims for defects are excluded,
– the limitation period shall not recommence if a replacement delivery is made within the scope of liability for defects.
7.3 The above-mentioned limitations of liability and shortening of the period of limitation do not apply
– to claims for damages and reimbursement of expenses of the Client,
– if the Seller has fraudulently concealed the defect,
– for goods which have been used in accordance with their customary use for a building and which have caused its defectiveness,
– for any existing obligation of the Seller to provide updates for digital products with respect to contracts for the supply of goods with digital elements.
7.4 Furthermore, for traders, the statutory limitation periods for any statutory right of recourse that may exist shall remain unaffected.
7.5 If the Client is a businessperson pursuant to section 1 of the German Commercial Code (HGB) he has the commercial duty to examine the goods and notify the Seller of defects pursuant to section 377 HGB. Should the Client neglect the obligations of disclosure specified therein, the goods shall be deemed approved.
7.6 If the Client acts as a consumer, the forwarding agent has to be immediately notified of any obvious transport damages and the Seller has to be informed accordingly. Should the Client fail to comply therewith, this shall not affect his statutory or contractual claims for defects.
7.7 The Seller shall not be liable for defects in the performance of the telecommunications contract for which the respective service provider is solely responsible. In this respect, the relevant statutory provisions and any deviating contractual conditions of the respective service provider shall apply.
8) Applicable Law
The law of the Federal Republic of Germany shall apply to all legal relationships between the parties under exclusion of the laws governing the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country, in which the consumer has his habitual residence.
9) Alternative dispute resolution
9.1 The EU Commission provides on its website the following link to the ODR platform:
This platform shall be a point of entry for out-of-court resolutions of disputes arising from online sales and service contracts concluded between consumers and traders.
9.2 The Seller is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.