Terms & Conditions
The following terms and conditions shall apply to all deliveries and offers from HDD Donors (in the following referred to as "HDD Donors" or "we"). Counter-confirmations of the customer with reference to its own standard or sales terms and conditions are hereby objected to.
Consumer in terms of these standard contract terms is largely any natural person who enters into a legal transaction for a purpose which can be attributed neither to his/her commercial or independent professional activities. Merchant is every natural person, legal entity or partnership capable of holding rights, which enters into a legal transaction for a purpose which can be attributed to its commercial or independent professional activities.
Offer and Conclusion of the Contract
Our range of articles is not binding. The order of a customer is an offer to enter into a purchase contract. The following confirmation of the receipt of the order and any following status reports are no acceptance of the offer. The purchase contract is accomplished with delivery of the goods and/or confirmation of dispatch.
Prices, Postage and Packaging, Return Shipment Charges
Generally, our prices shall be those referred to in our product basket on our website at the time of order. In the absence of any explicit agreement in writing to the contrary, our prices shall be effective from the distribution centre excluding packaging, freight or possible cash on delivery charges. All prices on our websites include statutory VAT as far as the customer does not change its customer form to company, merchant or public utility, does not chose any non-EU country as the country of delivery or as far as the website is directed solely to Merchants.
Costs for postage and packaging are to be paid by the customer. They will depend on the form of shipment, form of payment, weight and shipping destination. They will be calculated and displayed in the product basket prior to any online order or, in the event of an order by telephone, they shall be quoted and shown on the invoice. An overview of the applicable shipment and payment options as well as the relevant prices shall be published on our website.
If the customer revokes his/her declaration to conclude a sales contract he/she shall bear the costs of the return shipment if the goods delivered are as ordered.
The estimated delivery periods are dependent on the final delivery destination and are displayed on our website.
Passage of risk and warranties
If the customer picks up the goods, then the risk of accidental loss or accidental damage to the goods shall pass from HDD Donors to the customer at the time when the goods are transferred to the customer. If HDD Donors ships the goods to the customer the risk shall pass to a merchant customer as soon as the goods are handed over to the carrier. If the customer is a consumer the risk shall pass as soon as the carrier has delivered the goods to the consumer.
The warranty period shall begin at the time when the goods are delivered. The statutory warranty provisions shall apply.
Provided that the customer is a consumer, the periods of limitation for statutory claims for defects shall be one year for used goods.
If the customer is a merchant the limitation period for warranty claims is one year. HDD Donors is authorised to choose between curing the defect and delivering a defect-free good as subsequent performance. Obvious defects in the products or the performance rendered by HDD Donors must be notified in writing immediately, at the latest within fourteen days after receipt of the goods. If such defects are not notified in time, the goods are deemed to have been approved and accepted, with all inherent warranty rights expiring.
HDD Donors shall not be liable for normal wear and tear of the good or defects which are a result of incorrect or negligent handling or treatment or which are caused by unusual conditions of use.
Restrictions on Liability
The restrictions on liability shall not apply to damage which occurs as a result of intentional acts or gross negligence or damage to life, body or health.
Irrespective of their legal basis claims for damages which are directed either against HDD Donors or its agents shall be limited to the amount which HDD Donors reasonably expected to receive at the conclusion of the contract.
Unless otherwise agreed, all our invoices shall be payable immediately without any deductions.
The customer shall be entitled to choose among several different payment options which shall be offered depending on the order amount, the mode of delivery, the shipment address, and the preferences specified in the customer´s account. The various possibilities are displayed in the product basket and are described in the info area of our websites.
Costs which arise as a result of reversing a payment transaction for lack of funds or as a result of data transmitted incorrectly by the customer shall be charged to the customer.
Cheques are cash on delivery are not accepted forms of payment.
In the event of default of payment, HDD Donors shall be entitled to charge consumers interest of at least 5 percentage and merchants of at least 8 percentage points above the applicable base rate.
Any set-off of counterclaim shall not be permitted unless proven at law or if undisputed. The retention of payments by the purchaser for counterclaims resulting from unrelated contracts shall be excluded.
With regards to any questions concerning your order or our website, please contact HDD Donors directly. The contact details can be found on our website.
Reservation of Title
All items delivered by HDD Donors remain our property until such items have been paid in full and all claims resulting from the transaction have been met. This shall also apply to conditional claims.
Right of revocation for consumers
If you are a consumer, you are entitled to cancel this contract without stating reasons for such action. The revocation period is fourteen days from the day on which you, or a third party stated by you who is not the carrier, have taken possession of the last goods. The item(s) must be returned in original condition with all warranty seals and stickers in place. To exercise your revocation right you need to inform us, HDD Donors, Leisenmahd 1, D-86179 Augsburg, Tel.: +49 821 444 161 89, email@example.com, by way of an unequivocal declaration (e.g. a letter sent by post or e-mail) of your decision to cancel this contract. You may use your own letter of withdrawal or complete and our website (RMA form) electronically. If you make use of this option, we shall send you confirmation of receipt of such a revocation (e.g. by e-mail). Sending the notification of exercising the revocation right prior to expiry of the revocation period is deemed sufficient with regards to honouring the revocation period.
If you cancel this contract, we shall be required to repay to you all payments that we have received from you, excluding any delivery costs at the latest within fourteen days from the day on which we receive the returned item(s). For this repayment we shall use the same payment method that you used in your original transaction unless something to the contrary was expressly agreed with you; under no circumstances shall we charge you fees for such a repayment.
You are to send the goods back to us at your cost, without delay and in any case at the latest within fourteen days from the day on which you notify us of the revocation of this contract. The period is deemed honoured if you send the goods prior to expiry of the period of fourteen days. All costs of returning the goods shall be paid by you.
You will only be required to pay for a potential loss in value of the goods if such a loss in value is attributable to handling the goods that is not required for a review of the quality, characteristics and proper functioning of the goods.
Our data protection procedures are in conformity with the applicable data privacy laws.
HDD Donors shall use the customer´s email address only for information letters which accompany the orders and, if desired by the customer, for its own newsletters. Additionally, HDD Donors sends to the customers via email regularly diligently chosen offers of similar products of its product range.
HDD Donors shall not forward any personal customer data to any third parties. An exemption hereto exists for such service partners which require the transfer or data to process its orders. In these cases, the scope of the transmitted data shall be restricted to the necessary minimum.
The customer shall be informed about and be given the opportunity to correct, block and delete his/her personal data. If judicial or contractual keeping obligations exist or any other judicial reasons oppose to a deletion, the data will be blocked.
These standard terms and conditions contain all rights and obligations of the contract parties.
If the customer is a merchant or does not reside within the European Union, our company seat shall be the exclusive venue for all legal disputes between the contract parties, including all lawsuits in connection with bills of exchange and cheques.
Duty to inform according to section 36 VSBG.
HDD Donors is not legally obligated and not willing to take part in dispute resolutions through Consumer Arbitration Services.
The laws of the Federal Republic of Germany shall exclusively apply. The provisions of the UN Convention on the International Sale of Goods shall not apply. Regarding commerce with end-consumers within the European Union, the relevant laws of that country may also be applicable, provided that it concerns obligatory consumer rights provisions.
In the event that one or several of the above provisions is or becomes invalid, the validity of the remaining provisions shall not be affected. The parties will try to replace invalid provisions by such provisions which are valid and come closest to the commercial purpose intended by the parties.