AGB

General Terms and Conditions

HiViLux GmbH
Nordring 30
45894 Gelsenkirchen

Managing Director: Junhong Lin

Phone: 0162 - 4039463
Fax: 0209 - 59031367
E-mail: info@hivilux.de

District Court of Gelsenkirchen, HRB 10842
VAT Identification Number: DE 275420522

  • hereinafter referred to as "HiViLux" -

  1. General/Applicability
    These General Terms and Conditions apply, as far as they are contractually incorporated and unless otherwise explicitly stated in the offer text, to all deliveries and services provided by HiViLux.

  2. Regulations and Information on Contract Conclusion

a) General
All representations on the websites of HiViLux are only an invitation for the customer to make an offer.

b) Technical Steps Leading to Contract Conclusion and the Formation of the Purchase Contract
(Warning! Please adapt to the specific process in the shop!)
For an order of one or more items through the online store, the items must first be added to the shopping cart by clicking the "Add to Cart" button. In the "Shopping Cart" (which can be accessed at any time via a link in the shop offer), you will be guided through the ordering process by pressing the "Checkout" button, where each step is explained, and the necessary details will be requested.

The ordering process is complete when you press the "Complete Order" button in step 5 ("Summary").

This constitutes the customer’s offer to conclude the contract, which can be accepted within fourteen days after receipt.

The acceptance of the offer by HiViLux is made by sending the delivery confirmation or by delivering the goods. The purchase contract is thereby concluded.

c) Storage and Access to the Contract Text
We store the contract text and send you the order data and the contract terms via e-mail. This allows you to access the contract terms at the time of contract conclusion and save them in a reproducible format.

d) Recognition and Correction of Input Errors
To identify and prevent input errors during the ordering process, the customer will be shown an overview page for review before the final order, which will allow them to check all order details and correct any input errors in the fields or by using the "Back" button of the browser.

e) Languages Available
The language of the contract is German.

  1. Prices and Payment Terms
    The prices displayed on the websites of HiViLux at the time of the order apply. Packaging and shipping costs will be added and displayed to the customer in a timely manner. In the case of international shipping, it is noted that additional taxes or costs may apply, which are not paid or invoiced by the seller.

HiViLux accepts all payment methods listed on the website. HiViLux will issue an invoice for the ordered goods, which will be sent to the customer in text form no later than with the delivery of the goods.

The total purchase price of the ordered goods is payable depending on the chosen payment method. Deliveries abroad are only made on advance payment terms, where "advance payment" also refers to all payment methods that require a binding payment instruction before the goods are delivered.

If advance payment is chosen, payment must be made within 7 (seven) days after order completion. The date of receipt of payment by HiViLux is decisive.

In case of cash on delivery, the purchase price is due immediately, and in case of invoice payment (if offered), it must be paid within 10 (ten) days of receiving the first payment request, unless otherwise agreed.

The customer is only entitled to offset claims if their counterclaims are undisputed or legally established or have been acknowledged by us. They are also only entitled to exercise a right of retention if their counterclaim arises from the same contractual relationship.

  1. Packaging and Shipping Costs
    Packaging and shipping costs will be communicated to the customer in a timely manner before the order process is initiated.

In the event of cancellation, the regular costs of return shipping are borne by the customer if the delivered goods correspond to the ordered ones or if the customer has not yet provided the counter-performance or a contractually agreed partial payment at the time of cancellation.

  1. Delivery and Delivery Times
    The delivery of the goods to the customer is made by third-party providers (delivery services).

For in-stock goods, unless otherwise specified in the offer, delivery will occur within three business days after order receipt, and for prepayment, within three business days after payment receipt.

For out-of-stock goods, the delivery time may be up to two weeks after order receipt or prepayment receipt.

Whether the goods are in stock can be found in the offer text. If no information on stock or delivery times is given, the delivery times for in-stock goods apply.

Partial deliveries are allowed unless the customer clearly has no interest in them or they are clearly unreasonable. A partial delivery is reasonable if:

– it is usable for the customer in the context of the contract's intended purpose,
– the delivery of the remaining ordered goods is ensured, and
– the customer does not incur significant additional effort or costs (unless the seller agrees to bear these costs).

Shipping and packaging costs are only charged once for partial deliveries.

  1. Unavailability, Replacement Delivery
    In the event of unavailability of an ordered item, HiViLux reserves the right to provide an equivalent performance in terms of quality and price (goods or services) as long as it is reasonable for the customer and the customer agrees to the replacement delivery in writing. If this is not possible or the customer does not agree, the promised performance cannot be provided. In this case, the legal provisions apply.

  2. Risk Transfer
    If the customer is a business, the risk of accidental loss or deterioration of the goods passes to the customer upon delivery, or in the case of a sales contract with dispatch, when the goods are handed over to the carrier, freight forwarder, or other persons or institutions designated for execution of the dispatch.

If the customer is a consumer, the risk of accidental loss or deterioration of the goods also passes only with the delivery of the goods to the customer in the case of a sales contract with dispatch, regardless of the chosen shipping method.

  1. Exclusion of the Right of Withdrawal for Entrepreneurs
    If you are acting as an entrepreneur in the exercise of your commercial or independent professional activity when concluding the contract and thus as a business under § 14 of the German Civil Code (BGB), there is no right of withdrawal.

  2. Warranty, Guarantee
    The statutory warranty periods apply.

If a guarantee is stated in the offer, the statutory warranty remains unaffected.

  1. Retention of Title
    All deliveries are made under retention of title. The delivered goods remain the property of HiViLux until the full payment of the purchase price.

  2. Complaint Procedure
    Our procedure for handling complaints meets the requirements of professional diligence. If you wish to make a complaint, you can do so in writing or orally using any of the communication means and addresses/numbers provided here. Timely processing is guaranteed.

  3. Jurisdiction, Choice of Law
    The place of jurisdiction for all disputes arising in connection with the delivery contract is, if agreed, the seat of HiViLux. This is agreed in the event that the customer is a merchant, a legal entity under public law, or a public-law special fund, or is a consumer but has no general place of jurisdiction in Germany or moves their residence abroad after the conclusion of the contract, or the customer's residence cannot be determined at the time of the filing of the lawsuit.

The parties agree to apply the law of the Federal Republic of Germany to all legal relationships arising from this contractual relationship, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

  1. Packaging Ordinance Information
    We inform you that we are connected to an approved dual system.

  2. Information According to the Battery Act
    Batteries must not be disposed of with household waste. You are legally obliged to dispose of batteries and accumulators in an environmentally friendly manner. You can return your old batteries free of charge to public collection points in your community or anywhere batteries are sold. You may also send used batteries back to us at the above address. We will dispose of them properly and free of charge for you. Batteries containing hazardous substances are marked with a symbol, consisting of a crossed-out waste bin and the chemical symbol (Cd, Hg, or Pb) of the heavy metal that is decisive for classification as hazardous.

The waste bin symbol means: Batteries and accumulators must not be disposed of with household waste.

The symbols under the waste bin stand for:
Pb: Battery contains lead
Cd: Battery contains cadmium
Hg: Battery contains mercury

  1. Supplementary Provision
    In the event that any provision of these General Terms and Conditions is invalid, the validity of the remaining provisions shall not be affected. This applies especially to the already concluded contract. The invalid provision will be replaced by the statutory regulation. Otherwise, this only applies if adhering to the contract would cause unreasonable hardship for one party. In that case, the entire contract will be invalid.