General Terms and Conditions
Scope of application
These terms and conditions apply to all purchases from Hawk Vision GmbH made by private customers.
Private customers in this sense are persons with their place of residence and delivery address in the Federal Republic of Germany, insofar as the goods ordered by them cannot be attributed to their commercial or independent professional activity.
Business customers are requested to place orders on the order pages accessible via the business customer login at [noch offline].
Conclusion of contract
The presentation of our goods and the granting of the opportunity to place an order represents a concrete offer on our part to conclude a purchase contract.
By placing your order, you accept the offer and the purchase contract is concluded.
You will receive an order confirmation by e-mail to the e-mail address you have provided.
Prices and shipping costs
The prices shown are final prices incl. Value added tax. The amount shown at the time of the binding order shall apply. We shall bear the regular costs of the return shipment incurred in the event that you return the goods by exercising your right of withdrawal . There are no shipping costs for our services and they will not be charged or refunded.
Cancellation policy
You can find our revocation policy here.
Payment
Payment is made via
– Klarna
– Stripe
Default of payment
If you are in default of payment, Hawk Vision GmbH shall be entitled to charge interest on arrears at a rate of 5 percentage points above the base interest rate p.a. announced by the Deutsche Bundesbank for the time of the order. If Hawk Vision GmbH has demonstrably incurred higher damages due to delay, Hawk Vision GmbH is entitled to claim these.
Right of retention
The customer is only authorized to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.
Delivery
(1) Delivery shall be made to the e-mail address provided by the customer, within
– Germany
(2) If force majeure (natural disasters, war, civil war, terrorist attack) makes delivery or other performance permanently impossible, Hawk Vision GmbH shall have no obligation to perform. Amounts already paid will be refunded immediately by Hawk Vision GmbH.
(3) Hawk Vision GmbH may also refuse performance if this requires an effort that is grossly disproportionate to the customer’s interest in the fulfillment of the purchase contract, taking into account the content of the purchase contract and the requirements of good faith. Amounts already paid will be refunded by Hawk Vision GmbH without delay.
(4) Physical delivery of the ordered services is not possible and excluded.
Favorable shipping method for returns
(1) The delivery is not made physically, therefore the digital documents received must be permanently deleted in the event of revocation and reversal, with the exception of those that are subject to any retention obligations.
Defect rights
(1) Hawk Vision GmbH shall, at the customer’s discretion, have a digital product that was already defective upon delivery (warranty case) reshipped or offer it for download at Hawk Vision GmbH’s expense (subsequent performance). The customer is advised that there is no warranty case if the product had the agreed quality at the time of transfer of risk. A warranty case does not exist in the following cases in particular:
a) in the event of damage caused to the customer through misuse or improper use, storage or similar,
b) in the event of damage caused by the products being exposed to harmful external influences on the customer’s premises (in particular extreme temperatures, moisture, exceptional physical or electrical stress, voltage fluctuations, lightning, static electricity, fire).
(2) Hawk Vision GmbH also provides no warranty for a defect caused by improper modification.
(3) If the type of subsequent performance requested by the customer (replacement delivery) requires an effort which, in view of the product price, is grossly disproportionate to the customer’s interest in performance, taking into account the content of the contract and the requirements of good faith – whereby in particular the value of the object of purchase in defect-free condition, the significance of the defect and the question of whether the other type of subsequent performance can be resorted to without significant disadvantages for the customer must be taken into account – the customer’s claim shall be limited to the other type of subsequent performance in each case. Hawk Vision GmbH’s right to refuse this other type of supplementary performance under the aforementioned condition remains unaffected.
(4) In the event of a replacement delivery, the customer is obliged to delete the digital product and any separate backup copies . Before deletion, the customer must check whether the digital products to be deleted are those supplied by Hawk Vision GmbH. Hawk Vision GmbH shall not be liable for any customer data erroneously deleted in this context. No liability is accepted for loss of data.
(5) The customer’s liability for damages in the event of a breach of the obligation to return goods for which the customer is responsible shall be governed by the statutory provisions.
(6) The customer may, at his discretion, withdraw from the contract or reduce the purchase price if the replacement delivery has not led to a contractual condition of the product within a reasonable period of time.
(7) Hawk Vision GmbH’s statutory warranty ends two years after delivery of the goods. The period begins with the receipt of the goods.
Liability
(1) In the event of slight negligence, Hawk Vision GmbH shall only be liable in the event of a breach of material contractual obligations and limited to the foreseeable damage. This limitation shall not apply in the event of injury to life, limb or health. Hawk Vision GmbH shall not be liable for other damage caused by slight negligence due to a defect in the object of purchase.
(2) Irrespective of any fault on the part of Hawk Vision GmbH, Hawk Vision GmbH’s liability in the event of fraudulent concealment of the defect or the assumption of a guarantee shall remain unaffected.
(3) Hawk Vision GmbH is also responsible for the impossibility of delivery occurring by chance during its delay, unless the damage would also have occurred if delivery had been made on time.
(4) The personal liability of the legal representatives, vicarious agents and employees of Hawk Vision GmbH for damage caused by them through slight negligence is excluded.
Applicable law
The contract concluded between you and Hawk Vision GmbH is subject exclusively to the law of the Federal Republic of Germany, expressly excluding the UN Convention on Contracts for the International Sale of Goods. This does not affect the mandatory provisions of the country in which you have your habitual residence.
Place of jurisdiction
If, contrary to your statements when placing the order, you do not have a place of residence in the Federal Republic of Germany or move your place of residence abroad after conclusion of the contract or your place of residence is not known at the time the action is filed, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship shall be Frankfurt am Main.
Dispute resolution
General information obligations for alternative dispute resolution pursuant to Art. 14 para. 1 ODR-VO and § 36 VSBG (Consumer Dispute Resolution Act):
The European Commission provides a platform for online dispute resolution (OS), which you can find at this address:
http://ec.europa.eu/consumers/odr/
. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
Final provisions
(1) Should individual provisions of this contract be or become invalid or void in whole or in part, this shall not affect the validity of the remainder of the contract, insofar as a contractual partner is not unreasonably disadvantaged by this.
(2) Amendments or additions to this contract must be made in writing.
