General Terms and Conditions of sale for the distribution of goods via the internet site "http://www.hotreca.com"
§ 1 Supplier and scope of contract
Charles Siegrist with his principal place of business located at Darmstädter Str. 45, D-64342 Seeheim-Jugenheim, Germany (hereafter referred to as " HOTRECA ")
The following Terms and Conditions shall be valid for all quotations and contracts concerning goods to be delivered by HOTRECA via the website http://www.hotreca.com (hereafter referred to as Website).
HOTRECA will not supply alcoholic beverages or tobacco to minors.
The delivery of goods to the Customer will take place within the meaning of the law ( Germany ) §13 BGB and these General Terms and Conditions of sale for end Customers (hereafter referred to as Terms).
§ 2 Conclusion of the contract
1. Orders via the Website can only be placed by unlimited contractually capable natural persons (hereafter referred to as Customer). Should there be any doubt of the contractual capability or the age of the Customer (in the event of an alcoholic beverage or tobacco orders) HOTRECA retains the right to legitimize the Customer or refuse the order.
2. By pressing the button "Continue" at the end of the order. The order placed by the Customer becomes binding for the items in your shopping cart. HOTRECA first confirms the order by displaying it on the monitor and later by e-mail.
3. The offer of goods and prices displayed can be changed without prior notice. The contract between HOTRECA and the Customer is concluded when HOTRECA accepts the order in writing or when the goods are delivered to the Customer. Should the Customer not receive the goods or an acceptance of the order in writing within two weeks of placing the binding order on the Website the Customer is not bound by the order anymore.
§ 3 Instructions to the revocation of the contract
Right of revocation
You may revoke the contract within two weeks without reasons in writing (by mail, fax, e-mail) and by returning the object of the revocation (goods). The stated period will begin earliest with the acceptance of these terms and at the latest when the Customer receives the goods. To adhere to the stated period it suffices to return the revocation timely or return the goods. The revocation can be sent to:
Charles Siegrist
Hotreca
Darmstädter Str. 45
D-64342 Seeheim-Jugenheim
Germany
E-mail: info (at) hotreca.com
Fax: ++49 (0)6257 5055883
Consequences of the revocation
In the case of a successful revocation both parties agree to return received goods or finances. If the goods can not be returned or only in a deteriorated state, the difference must be compensated. If the deterioration of the goods is a direct result of the examination of the goods the compensation does not apply. Further you avoid claims for compensation if you do not use the goods, treat them as you property, or do anything to reduce their value.
Goods which can be parcelled must be returned. The Customer carries the cost of the shipment if the goods are as ordered or if the value of the goods is less than 40 EUR.
Exclusion of revocation
Consumable goods will not be taken back if the original packaging is opened, this also applies for bottles.
§ 4 Prices and Cost of Shipment
Our goods are published with gross prices including VAT. The standard currency is EUR ( € ). Our shipment costs are not included in the prices quoted. The delivery costs depend on the goods ordered. You will be informed of the delivery costs when completing your order.
§ 5 Delivery
HOTRECA is entitled to partial deliveries as well as to split deliveries. Additional cost for partial or split deliveries are only incurred by the Customer should this be agreed upon by both parties. Unless otherwise agreed upon deliveries are sent to the delivery address of the order. Any event beyond our reasonable control, including strikes, lock-outs, non-availability of materials, weather occurrences or nature occurrences shall be regarded as a "force majeure" and releases HOTRECA for the duration of the obstruction of performance, or at our option, even totally, from our obligation to supply the goods, and without giving the Customer the right to claim damages for any such cancellation of or inability to supply the goods.
§ 6 Terms of Payment
1. Payment without deduction is due as soon as the goods are received by the Customer . This also applies to partial deliveries where the amount of the received goods become due upon receipt thereof.
2. The Customer receives an invoice for the goods. This invoice will be received by the customer at the latest when he receives the goods. Prepayment is considered when the invoice is sent. Orders by invoice are payable within 14 days upon receipt of the invoice.
3. HOTRECA accepts only payments as listed upon ordering via the Website.
§ 7 Reservation of Title
HOTRECA retains the title to all goods delivered until the Customer has fully met all of his liabilities. Until the Customer obtains the title to the goods the Customer may not sell or part with the goods in any way without informing HOTRECA.
§ 8 Set-Off, Summation, Retention
1. Should payment for goods be in arrears HOTRECA may charge Interest on these. The height of this interest as governed by law is currently five percent per annum above the bank base rate. This does not exclude further liability or compensation demands.
2. The Customer is considered to be in arrears as soon as an overdue notice is sent to him.
3. The Customer shall not be entitled to set-off any payment to HOTRECA or claim any right to retain any goods without previous written consent.
4. Set-Off, Summation and Retention are limited to one contract and should there be more will be treated individually.
§ 9 Data Protection and Data Safety
1. Personal data of the Customer is only gathered and stored as far as it is necessary to complete the order and as is allowed or ordered by the German Law governing Data protection in the internet (TDDSG).
2. The data entered by the Customer is transmitted via an 128 bit encryption, and stored digitally.
3. The Customers data will not be passed on to third parties unless this is required to fulfil the shipment obligation, or if the Customer expressly agrees to this.
§ 10 Responsibility for Defects
Should purchased goods be defect HOTRECA is liable as far as required by German law. Defects of goods must reported to HOTRECA as soon as possible in writing (also by fax or e-mail). This does not apply if HOTRECA guilefully hid the defect or offered a warranty on the condition of the goods in question. For defects beyond the control of HOTRECA, HOTRECA can not be held liable. HOTRECA will not be liable for damages or losses which do not arise from the goods themselves. HOTRECA can not be held liable for lost profits arising from these defects. Where HOTRECA excludes liability this also applies for employees of HOTRECA as well as their vicarious agents. The aforementioned limitation of liability does not apply if defect arises due to malicious intent, negligence or an infringement of the contractual obligation by HOTRECA. As far as it is proven that HOTRECA acted lightly negligent the liability is limited to replace typically incurred damages or losses.
§ 11 Applicable Law
For the contractual relationship between HOTRECA and the Customer, the laws of the Republic of Germany apply. This does not affect the agreement of the United Nations concerning contracts for International trade of goods (CISG) and EGBGB §29.
§ 12 Final Provisions
1. The Customer may only transfer rights and obligations to a third party with written consent of HOTRECA.
2. For all claims arising from this contract the law of the Republic of Germany apply.
3. Additional agreements and changes to this contract are only effective in written form. That also applies to the suspension the written form rule.
4. Should any of the above provisions be inoperative it does not effect any other provisions.


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