Terms and conditions | hmplugins

 

Terms and conditions

1. Contract partner

www.hmplugins.com is a shop owned by the company 'Heubach Media'. The contract partner for all orders is therefore Heubach Media, Osterfeldstraße 12-14, 22529 Hamburg, Germany.

2. Conclusion of the contract

The presentation of our goods in the www.hmplugins.com shop does not represent a binding offer by Heubach Media. The buyer only submits a binding offer by pressing the 'order' button. The purchase contract for the goods selected by the buyer takes effect when Heubach Media delivers the goods to carry out the order.

3. Retention of title

The goods remain the property of Heubach Media until full payment is received. If the buyer defaults payment longer than 14 days, Heubach Media has the right to withdraw from the contract and take back the goods.

4. Cancellation policy

The buyer can cancel the contract declaration in writing (e.g. letter, fax or e-mail) within 2 weeks without providing a reason or by returning the goods. This period begins with receipt of the goods and receipt of a separate written copy of the cancellation policy at the earliest. Punctual despatch of the cancellation or goods is sufficient in order to comply with the cancellation deadline. The cancellation must be sent to:


Heubach Media
General Manager: Matthias Heubach
Osterfeldstraße 12-14
22529 Hamburg
Germany
Tel.: + 49 (0) 40 52105900
Fax: + 49 (0) 40 52105999
E-mail: 4dplugins@heubach-media.de


Consequences of cancellation

In the case of an effective cancellation, any attainments received by either party must be returned and any drawn benefits (such as interest) must be surrendered. If the buyer cannot fully or partially return the attainment or can only return it in an impaired condition, he/she may be required to pay compensation. This does not apply to the transfer of physical objects if the impairment of the goods can be exclusively traced back to normal impairments as would be possible in a retail store for example. Furthermore, the buyer can avoid the compensation obligation if he/she does not use the object like an owner of the object and refrains from everything which affects the value.

The buyer must bear the costs of the return shipment if the delivered goods correspond with the ordered goods and the price of the goods which are to be returned does not exceed a sum of 40.00 € or, if the value of the goods is higher, if the buyer has not paid for the goods or a contractually arranged partial payment at the time of the cancellation. In other cases, the return of goods is free of charge for the buyer. Goods which cannot be sent with a parcel service will be collected from the buyer.

Important:

The previously described cancellation right does not exist if,

• The ordered goods are intended to be used for commercial or self-employed activities by the buyer;

• The seal on data carriers has been removed by the buyer from audio and video recordings or software;

• The supplied goods have been produced according to customer specifications or clearly adapted to suit the individual needs of the buyer;

• The goods are not suitable for return due to specific properties or if they can spoil quickly or will exceed the expiry date;

• The goods supplied are newspapers, magazines and illustrations.

End of the cancellation policy

5. Prices and payment terms

The prices at the time of the order are valid. All prices are provided in Euro (€) excluding the legal VAT amount excluding any shipping costs (refer to point 6). For successive supply contracts or subscriptions, Heubach Media is entitled to invoice the additional amount of VAT if the VAT percentage is increased after a contract is finalised.

For orders within Germany and an order value under 100.00 €, the buyer is entitled to choose between paying by direct debit, credit card or invoice. For an order value exceeding 100.00 € or for deliveries to other European countries, payment must be made by credit card or proforma invoice. The purchase price is due once the goods are received by the buyer. If the goods are supplied and payment is made after receipt of the invoice, the buyer is obliged to pay the purchase price within 14 days of receipt of the goods. After this deadline, payment is defaulted by the buyer. The buyer must pay interest 5 percentage points above the base interest rate for debts throughout the default period.

In individual cases, Heubach Media reserves the right to exclude certain forms of payments and to supply the goods against advance payment.

6. Delivery

Heubach Media accepts the transport risks. We request that obvious transport damages are recorded and confirmed by the delivery driver. The goods may be returned if they arrived damaged during transport.

Details on the delivery date are non-binding unless the delivery date has been expressed as binding in exceptional cases. The delivery will take place as long as stocks last; we reserve the right to make partial deliveries.
Should a part of the order not be immediately available, the remaining goods will delivered subsequently without charging shipping costs.

7. Warrantly/liability

The warranty terms correspond with legal regulations.

The Heubach Media is solely liable for damages caused by intentional or gross negligent actions by Heubach Media or its representing agents or culpable damage to a fundamental contract obligation which are not physical damages, damages to health or death. Any further liability for replacement of damages is excluded. The regulations of the product liability laws remain unaffected.

8. Data protection/data storage

The personal data required for processing the buyer’s order will be stored and may be passed to associated companies or suppliers under observation of the rules of the Federal Data Protection Laws.

Heubach Media will use personal data (company name, VAT number, title, name, and address, e-mail address, telephone number, fax number, bank details or credit card number) confidentially according to the regulations of the Federal Data Protection Laws and the German Teleservices Act.

Furthermore, Heubach Media reserves the right to use the buyer’s data for its own promotional purposes.

The buyer always has the possibility and is authorised to object to the use, processing or transfer of the data for marketing purposes in writing by e-mail to: 4dplugins@heubach-media.de or by telephone on + 49 (0) 40 52105900. After receipt of the objection or cancellation, Heubach Media will not use or process the respective data for marketing purposes and will immediately refrain from despatching advertising materials.

Furthermore, Heubach Media is obliged to refrain from using or passing on data beyond the extent regulated above.

9. Final clauses

The laws of the Federal Republic of Germany are applicable under exclusion of the UN Convention on Contracts for the International Sale of Goods even if the order is received from another country.

If the buyer is a commercial customer, the court of jurisdiction is Hamburg, Germany; otherwise the court of jurisdiction is determined according to the legal regulations.

Changes or additions to these terms of business must be made in writing. This also applies to the cancellation of the requirement for the written form.

Should individual clauses in this contract be ineffective or contradict legal regulations, the remaining clauses of the contract are not affected.