General terms and conditions (GTC) and cancellation policy
§ 1 scope
These general terms and conditions apply to all sales contracts between Hot Earth Ltd. (henceforth: provider) and the customer, which come about via the online shop https://hotearth.de/. Deviating conditions of the customer are not recognized unless the provider expressly agrees to their validity in writing.
§ 2 Conclusion of the contract and storage of the contract text
(1) The provider's offers on the Internet do not represent a binding offer to conclude a purchase contract, but an invitation to place an order (purchase offer by the customer). The customer can submit his offer via the shopping cart ordering system in the online shop. This offer includes the inclusion of these terms and conditions. The customer is expressly informed of the terms and conditions immediately before submitting his binding offer.
(2) The customer can select the desired products from the supplier's catalog and collect them in a so-called shopping cart using the "ADD TO THE BASKET" button. The customer can then either continue shopping or "CHECKOUT". Using the corresponding button in the navigation bar, the customer can call up the "shopping cart" and make changes there at any time. Once the customer has put his order together, the customer is asked to enter his personal data and select the shipping and payment method using the "CHECK OUT" and "ZUR KASSE" buttons. Here all articles and prices are displayed again. During the entire ordering process, the customer has the opportunity to review and edit his details (e.g. "personal data", "addresses", "shipping and payment method", selected articles). or cancel the purchase. The customer only sends his binding offer by pressing the "ORDER WITH OBLIGATION TO PAY" button at the end of the ordering process. After sending the binding offer, the customer first receives an automatic e-mail from the provider about the receipt of his order, which does not yet lead to the conclusion of the contract (automatic order confirmation). The content of the customer's order is listed again in this email. It can be printed out using the "Print" function.
(3) The acceptance of the offer (and thus the conclusion of the contract) takes place through a separate order confirmation, in which the processing of the order or delivery of the goods is confirmed to the customer in writing by email or by sending the goods.
(4) The languages available for the conclusion of the contract are German, English, Italian and French. The customer selects the language applicable for the conclusion of the contract via the language setting of the online shop.
(5) The contract text is saved by the provider. The customer receives an email with the order overview and the terms and conditions. After the conclusion of the contract, the order data can no longer be viewed online.
§ 3 prices and shipping costs
(1) All prices specified in the provider's online shop are final prices and include the applicable statutory value-added tax, insofar as this is applicable.
(2) The corresponding shipping costs can be called up by the customer under "Shipping costs and delivery restrictions" on the provider's website and are also shown separately in the course of the order process. They are borne by the customer, unless the customer reaches the address on this Order values shown on the underside for free shipping.
§ 4 payment
(1) The customer can choose from the payment options available in the online shop:
(a) credit card
When paying by selectable credit card, the customer sends his credit card details to the provider. After legitimation by the customer as the legal cardholder, the provider asks your credit card company to initiate the payment transaction immediately after the order. The payment transaction is carried out automatically by the credit card company and the customer's credit card is charged.
If the customer wants to pay by Giropay, he will be forwarded to his bank's website as part of the ordering process. In order to be able to pay the invoice amount via Giropay, the customer must have an online banking account with PIN / TAN procedure that has been activated for participation, identify himself accordingly and confirm the payment instruction to the provider. The payment transaction is carried out immediately afterwards and the customer's account is debited.
(c) Pay IMMEDIATELY (by Klarna)
If the option “Pay IMMEDIATELY” is selected, the customer will be redirected to the website of the online provider Sofort GmbH as part of the ordering process. In order to be able to pay the invoice amount via Sofort, the customer must have an online banking account with PIN / TAN procedure that has been activated for participation, identify himself accordingly and confirm the payment instruction to the provider. The payment transaction is carried out immediately afterwards and the customer's account is debited.
(d) Paypal Plus
When paying via PayPal Plus, the customer is offered various payment methods as PayPal services. To do this, the customer is redirected to the website of the online provider PayPal. There he can enter his payment data and confirm the use of his data by PayPal and the payment order to PayPal.
If the customer has chosen the PayPal payment method there, in order to be able to pay the invoice amount, he must be registered there or first register and legitimize with his access data. The payment transaction is automatically carried out by PayPal immediately after confirmation of the payment order. The customer receives further information during the ordering process.
If the customer has chosen the credit card payment method there, he does not have to be registered with PayPal in order to be able to pay the invoice amount. The payment transaction is carried out immediately after confirmation of the payment order and after his / her legitimation as the legitimate cardholder by his credit card company at the request of PayPal and his card is charged. The customer receives further information during the ordering process.
If the customer has chosen the direct debit payment method there, he does not have to be registered with PayPal in order to be able to pay the invoice amount. With confirmation of the payment order, the customer gives PayPal a direct debit mandate. He is informed of the date of the account debit by PayPal (so-called prenotification). By submitting the direct debit mandate immediately after confirming the payment order, PayPal requests its bank to initiate the payment transaction. The payment transaction is carried out and the customer's account is debited. The customer receives further information during the ordering process.
(e) Transfer (prepayment)
If the customer would like to pay by bank transfer (advance payment), the provider will give him his bank details in the order confirmation and deliver the goods after receipt of payment.
(2) The purchase price and shipping costs are due immediately upon conclusion of the contract.
§ 5 delivery, delivery restrictions
(1) If no copies of the product selected by the customer are available at the time of the customer's order, the provider shall inform the customer immediately in the order confirmation. If the product is permanently unavailable, the provider will refrain from making a declaration of acceptance in this regard. A contract is not concluded in this case.
(2) Unless the description of a selected product explicitly states otherwise, delivery takes place within 7 working days. This period begins with receipt of payment by the provider.
(3) The provider delivers to the following countries: Germany, Austria, Switzerland, Liechtenstein, Belgium, Denmark, Finland, France, Greece, Great Britain, Ireland, Italy, Luxembourg, Monaco, Netherlands, Norway, Poland, Portugal, Sweden, Spain, Czech Republic, Slovakia, Slovenia, Hungary, Bulgaria, Estonia, Croatia, Latvia, Lithuania, Romania, Albania, Bosnia, Iceland, Malta, Macedonia, Montenegro, San Marino, Serbia, Cyprus, Russia, Ukraine, Canada and the USA.
(4) The provider sends the order with the logistics partners UPS, DPD and DHL and within Switzerland and Liechtenstein with the Swiss Post.
§ 6 Transfer of Risk
The customer bears the risk of an accidental deterioration or an accidental loss of the goods after dispatch, unless the customer is a consumer. In this case, the provider bears this risk. A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity.
§ 7 retention of title
Ownership of the goods remains with the seller until the purchase price has been received in full.
§ 8 right of withdrawal
In the event that the customer is a consumer, the following right of withdrawal applies to him:
You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the last goods.
To exercise your right of withdrawal, you must contact us
HOT EARTH GmbH
Tel: +49 (0)7832 309 27 66
by means of a clear statement (e.g. a letter sent by post or email) of your decision to withdraw from this contract. You can use the sample withdrawal form attached below, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.
Consequences of the withdrawal
If you withdraw from this contract, we will have given you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment.
We can refuse repayment until we have received the goods back or until you have provided evidence that you have sent back the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the date on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.
End of revocation
§ 9 Warranty
The provider is liable for defects in accordance with the applicable statutory provisions.
§ 10 liability
(1) The provider is only liable for damage to the customer from injury to life, limb, health, from guarantees for the quality of the object of purchase or from the breach of essential contractual obligations as well as for other damage resulting from an intentional or grossly negligent breach of duty by Provider, its legal representatives or vicarious agents. Essential contractual obligations are those, the fulfillment of which enables the proper execution of the contract, the violation of which endangers the achievement of the purpose of the contract and on whose compliance the customers regularly rely.
(2) In the event of a breach of essential contractual obligations caused by the provider through simple negligence, the provider is only liable for foreseeable damage typical for the contract, unless the customer is entitled to compensation for damage to life, limb or body Health or from guarantees for the quality of the object of purchase.
(3) The provisions of the Product Liability Act always remain unaffected.
§ 11 Applicable law and place of jurisdiction
(1) If the customer is a consumer, the law of the country in which the consumer has his habitual residence applies to contracts between him and the provider. If, on the other hand, the customer is an entrepreneur, German law applies to the exclusion of the UN sales law. An entrepreneur is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in their commercial or independent professional activity.
(2) If the customer is a businessman, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the provider's registered office.
Appendix: sample withdrawal form