The General Terms and Conditions of HOT Productions & Vertriebs GmbH apply to all deliveries and services that HOT Productions & Vertriebs GmbH provides to a contractual partner. These General Terms and Conditions also apply to future transactions between the contracting parties, even if this should not be referred to again at future conclusion of the contract (except for consumer transactions).
Changes to the General Terms and Conditions as well as the relevant service descriptions and remuneration provisions for the present services will be sent to the contractual partner by HOT Productions & Vertriebs GmbH by post, fax or e-mail and enter into force after publication.
2. Conclusion of the contract
2.1 The customer confirms the full ability to do business with HOT Productions & Vertriebs GmbH when placing an order.
2.2 The contract shall be deemed to have been concluded if HOT Productions & Vertriebs GmbH, after ordering, has sent a written order confirmation or a delivery to the address last disclosed by the contractual partner or with the actual services (such as delivery of the goods or announcement of user login and password). HOT Productions & Vertriebs GmbH reserves the right to make the offer of a contract for technical, economic (such as lack of creditworthiness or default on payment of the contractual partner arising from other contracts with HOT Productions & Vertriebs GmbH), legal reasons (such as lack of business) or operational reasons (such as capacity reasons).
2.3 The information contained in catalogues, brochures, etc. is only relevant if reference is made to them in an order confirmation.
2.4 The remuneration provisions applicable to the respective services form an integral part of the contract with the contractual partner. There are no verbal ancillary agreements.
2.5 Amendments and additions to the contract require written form. Unless they are consumer transactions.
2.6 HOT Productions & Vertriebs GmbH is entitled to provide all necessary information regarding the identity, legal capacity of the contractual partner by presenting official documents (company book extract, photo ID such as driver’s license, passport) from the contractual partner. Likewise, HOT Productions & Vertriebs GmbH may request and verify proof of the existence of a subscription and representation authority.
2.7 The contractual partner expressly declares its consent to the verification of its creditworthiness by means of enquiries to officially authorised credit protection associations, credit institutions and information agencies and the data transmission (such as name, date of birth) and address; 2.1).
3. Prices and payment
3.1 Unless otherwise agreed, the prices stated in the offer or order form (e-mail) shall apply. The prices are based on the costs at the time of the initial price quotation. Should the costs increase up to the time of delivery, HOT Productions & Vertriebs GmbH is entitled to adjust the prices. The statutory value added tax is charged additionally.
3.2 By way of derogation from 3.1 sentence 3 applies to consumer transactions: Should these costs change between the conclusion of the contract and the delivery (provision of the service), the agreed price shall not increase or decrease.
3.3 Payments are due upon receipt of invoice in line with agreed payment terms or without deduction. Accounting can also be done electronically (by e-mail).
3.4 The statement shows the total amount of fees owed, as well as a composition of the individual fees due for articles and/or services.
3.5 Prices are valid ex-works for items and services, excluding packaging and loading. If levies are levied in connection with the delivery, the contracting party bears them. If the delivery is agreed upon with cash on delivery, this as well as a transport insurance requested by the contractual partner will be charged separately.
3.6 Compliance with the agreed payment dates is an essential condition for the execution of deliveries and services by HOT Productions & Vertriebs GmbH. In the event of a delay in payment, HOT Productions & Vertriebs GmbH is entitled to offset all expenses and costs arising from this, including the costs of intervention by debt collection companies and/or lawyers, as well as bank-standard default interest. The contractual partner expressly declares its consent to the data transfer required to debt collection companies and/or lawyers (such as name, date of birth, address, dunning data).
3.7 In addition, HOT Productions & Vertriebs GmbH is entitled to suspend contractual services until full payment has been made and/or to terminate the contract with immediate effect, in the event of a delay in payment after an unsuccessful reminder, by written or electronic means HOT Productions & Vertriebs GmbH will set the contractual partner a grace period of two weeks for payment.
3.8 In any event, a counter-settlement with outstanding claims against HOT Productions & Vertriebs GmbH and the withholding of payments due to alleged defects, which are not recognised by HOT Productions & Vertriebs GmbH, is excluded.
3.9 Objections to invoices must be raised by the contractual partner in writing to HOT Productions & Vertriebs GmbH within two weeks of invoicing. With the expiry of the time limit, the contractual partner acknowledges the correctness of the invoice according to the reason and the amount. HOT Productions & Vertriebs GmbH will draw attention to this period in the invoice or elsewhere. In the event of a timely objection, HOT Productions & Vertriebs GmbH will check it and confirm the correctness of the invoice issued on the basis of the result or modify or recalculate the invoice accordingly. If the contractual partner continues to doubt the accuracy of the invoice, he has the possibility to call the regulatory authority as a conciliation body to HOT Productions & Vertriebs GmbH within two weeks of the conclusion of the opposition proceedings.
4.1 The ordered products will be delivered in neutral packaging, excluded shipping costs, within the EU. For orders from non-EU countries, the goods are dispatched according to expenses, customs duties / duty-fees. The national export duties as well as their legal duties must be borne by the customer.
4.2 Delivered goods remain the property of HOT Productions & Vertriebs GmbH until fully paid.
4.2.1 HOT Productions & Vertriebs GmbH indesbestuse the buyer that the buyer is responsible for the marketability of the individual products in his country of distribution. HOT Productions & Vertriebs GmbH assumes no liability for the marketability of the products!
No liability is assumed for advertising statements that have not been authorized by HOT Productions & Vertriebs GmbH.
4.3 The delivery period begins at the latest of the following dates:
4.3.1 Date of order confirmation, invoice or delivery note;
4.3.2 Date of fulfilment of all technical, commercial and other requirements of the contractual partner;
4.3.3 Date on which HOT Productions & Vertriebs GmbH receives a pre-payment or security to be paid before delivery of the goods.
4.4 Defects must be reported in writing to HOT Productions & Vertriebs GmbH immediately upon receipt of goods, but no later than 3 working days from delivery. Defects subject to warranty will be rectified at the discretion of HOT Productions & Vertriebs GmbH either by repair or replacement delivery. Conversion or price reduction is excluded. The warranty obligation expires as soon as repairs or changes have been made by third parties without the consent of HOT Productions & Vertriebs GmbH.
4.5 The warranty claim presupposes that the contractual partner has immediately reported the defects that have occurred in detail in writing.
4.6 Point 4.5 does not apply to consumer transactions.
Used, worn, modified, specially made goods, as well as hygiene and beverage articles are generally excluded from exchange.
5.1 HOT Productions & Vertriebs GmbH is entitled to withdraw from the contract (also with regard to an outstanding part of the delivery or service) if:
5.1.1 the execution of the delivery or the commencement or continuation of the service for reasons for which the contractual partner is responsible is impossible or further delayed despite the setting of a reasonable grace period;
5.1.2 there are reasonable concerns about the solvency of the contractual partner and, neither pre-payment or a security deposit has been made prior to the delivery
5.1.3 insolvency proceedings are opened concerning the assets of the contracting party or an application for initiating insolvency proceedings is dismissed in the absence of cost-covering assets;
5.1.4 the contractual partner violates the "netiquette" and the generally accepted standards of network use. If complaints are made to HOT Productions & Vertriebs GmbH about the contractual partner due to non-compliance with netiquette, HOT Productions & Vertriebs GmbH is entitled to demand compensation from the contractual partner for the damage (personnel and material expenses) caused by the processing of the complaint.
5.1.5 the contractual partner does not fulfil any other legal and/or contractual obligations, in particular those that serve to ensure the functionality of the services offered by HOT Productions & Vertriebs GmbH or to protect third parties.
5.1.6 the contractual partner has provided incorrect or incomplete information upon making the offer.
5.1.7 doubt arises concerning the creditworthiness of the contractual partner after obtaining a credit report (pt. 2.6).
5.1.8 the contractual partner uses the services of HOT Productions & Vertriebs GmbH to transmit threats, obscenities, harassment or for damage.
5.2 Without prejudice to the claims for damages of HOT Productions & Vertriebs GmbH, in the event of withdrawal, already performed (partial) services must be billed and paid in accordance with the contract. This also applies if the delivery or service has not yet been taken over by the contractual partner, as well as for preparatory actions performed by HOT Productions & Vertriebs GmbH. INSTEAD, HOT Productions & Vertriebs GmbH also has the right to demand the provision of items that have already been delivered.
5.3 If the contractual partner withdraws from the contract for reasons for which HOT Productions & Vertriebs GmbH is not responsible, or if HOT Productions & Vertriebs GmbH justifiably withdraws from the contract, compensation shall apply in the amount of the expenses incurred by HOT Productions & Vertriebs GmbH, but at least 20% of the net order value or a minimum fee of €110 as agreed. The judicial right of moderation is excluded.
5.4 point 5.3 does not apply to consumer transactions.
5.5 The contractual partner is expressly informed that, for whatever reason, HOT Productions & Vertriebs GmbH is no longer obliged to continue the agreed service for any reason. HOT Productions & Vertriebs GmbH is therefore entitled to delete stored or retrieval content data. The timely retrieval of such content data before the termination of the contractual relationship is therefore the sole responsibility of the contractual partner. The contractual partner cannot derive any claims from HOT Productions & Vertriebs GmbH from the deletion.
5.6 There is the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which the contractual partner or a third party designated by him, who is not the carrier, has taken possession of the goods. In order to exercise the right of withdrawal, HOT Productions & Vertriebs GmbH must be informed of the decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or e-mail). In order to comply with the withdrawal period, it is sufficient to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
5.7 In revoking the contract, all payments received by HOT Productions & Vertriebs GmbH, including delivery costs (with the exception of the additional costs resulting from this, a different type of delivery than the one offered, have a lower standard delivery, has been selected) without delay and at the latest within fourteen days from the date on which the notification of the revocation of this contract has been received. This refund uses the same means of payment used in the original transaction. Unless expressly agreed otherwise, no fees will be charged for this repayment. Repayment may be refused until the goods have been recovered or until proof has been provided that the goods have been returned, whichever is the earlier.
6.1 HOT Productions & Vertriebs GmbH is only liable for damages outside the scope of the Product Liability Act for intent or gross negligence within the scope of the statutory provisions. Liability for slight negligence, compensation for consequential and financial damages, savings not achieved, lost profits, interest losses and damages arising from claims of third parties against the contractual partner are excluded. In particular, any claims in the event of a server failure are excluded. The amount of the replacement obligation of HOT Productions & Vertriebs GmbH to a single victim is limited to € 1,000.-. HOT Productions & Vertriebs GmbH is not liable for damages caused by actions of third parties, force majeure or influences caused by devices connected by the contractual partner.
6.2 Consumer transactions are subject to different prices from pt. 6.1: HOT Productions & Vertriebs GmbH is only liable for damages outside the scope of the Product Liability Act if HOT Productions & Vertriebs GmbH or third parties for whose conduct HOT Productions & Vertriebs GmbH is entitled to, intentional or gross negligence. Liability for slight negligence is excluded. HOT Productions & Vertriebs GmbH is not liable for texts
published by third parties in catalogues or on the Internet.
6.3. HOT Productions & Vertriebs GmbH is not liable for the marketability of the products outside of Germany and Austria.
7. Privacy and security
7.1 HOT Productions & Vertriebs GmbH is entitled to transfer brokerage data to the extent that this is necessary for the purposes of billing fees, until the end of the period within which the invoice can be legally contested or the claim for payment can be asserted, and to fulfill legal obligations to save. The contractual partner expressly agrees that HOT Productions & Vertriebs GmbH may use the data for marketing purposes.
7.3 HOT Productions & Vertriebs GmbH stores master data of the contractual partners and participants: academic degree, first names, surnames, participant number, date of birth, company, address, industry, job title, request date, payment methods, Incoming payments and accounting. The master data will be processed with automation support and will not be passed on without the written consent of the participant (except in pts. 2.6 and 3.7). HOT Productions & Vertriebs GmbH is entitled to keep access statistics.
7.4 HOT Productions & Vertriebs GmbH takes all technically possible measures to protect the stored customer data . However, HOT Productions & Vertriebs GmbH is not liable if third parties illegally bring this data into their control and continue to use it. The assertion of damages of the contractual partner or third parties against HOT Productions & Vertriebs GmbH from such a connection is excluded.
7.5 Contrary to 7.4, the following applies to consumer transactions: The exclusion of liability provided for under 7.4 does not apply if HOT Productions & Vertriebs GmbH or third parties, for whose behavior HOT Productions & Vertriebs GmbH is responsible, acted with intent or gross negligence.
7.6 Consent to the use of data is recognised by the General Terms and Conditions.
7.7 Information, correction, deletion or blocking of the data may be requested at any time. In addition, it is possible to terminate the consent to withdraw or the cooperation without giving reasons.
8. Additional provisions for services
8.1 The contractual partner is obliged to keep his passwords secret. The latter is liable for damages caused by the contractual partner’s lack of confidentiality of passwords or by passing them on to third parties. In particular, the contractual partner of HOT Productions & Vertriebs GmbH is liable for all fees incurred by the (authorised or unauthorized) use of the access.
8.2 Unless expressly stated otherwise, the prices quoted do not include:
8.2.1 Usage costs of transmission equipment (e.g. telephone charges) from HOT Productions & Vertriebs GmbH;
8.2.2 the costs incurred at the location of the contractual partner.
8.3 HOT Productions & Vertriebs GmbH operates the services offered with the utmost care, reliability and availability. However, HOT Productions & Vertriebs GmbH does not guarantee that these services are accessible without interruption, that the desired connections can be established at any time, or that stored data is received under all conditions.
8.4 HOT Productions & Vertriebs GmbH is also not liable for the content of transmitted data or for the content of data accessible through services of HOT Productions & Vertriebs GmbH. Each contractual partner of HOT Productions & Vertriebs GmbH undertakes to comply with the relevant legal requirements when using the services and data lines offered by HOT Productions & Vertriebs GmbH. HOT Productions & Vertriebs GmbH reserves the right to its contractual partners to prevent the transport of data or services that contradict laws, international conventions or morals, but is not obliged to do so.
8.5 The contractual partner undertakes to be of legal age and not to allow persons under the age of 18 access to the website: https://www.world-of-hot.com. The contractual partner undertakes to comply with the regulations of the TKG, as amended.
8.6 Internet access is a necessary for the use of these services, which allows access to the websites of HOT Productions & Vertriebs GmbH. The contracting party has the obligation to take care of this condition itself.
8.7 The contractual partner agrees to receive information material (advertising) from HOT Productions & Vertriebs GmbH, among other things, by e-mail or online.
9. Additional provisions for resellers
Resellers undertake to impose on HOT Productions & Vertriebs GmbH the obligations assumed in the General Terms and Conditions to their customers. Resellers are liable to HOT Productions & Vertriebs GmbH for damages incurred by HOT Productions & Vertriebs GmbH as a result of a breach of this obligation.
10. Other provisions
10.1 Unless otherwise agreed and subject to mandatory provisions of the Consumer Protection Act, the statutory provisions applicable between full merchants shall apply. In commercial transactions with companies and legal entities under public law (contract with entrepreneurs, B2B), the place of jurisdiction for all disputes concerning these General Terms and Conditions and concluded under their application shall be Individual contracts, including bills of exchange and cheque actions, are agreed exclusively by the court responsible for A-4660 Wels (Austria). In this case, HOT Productions & Vertriebs GmbH is also entitled to sue at the customer’s registered office.
10.2 All declarations relating to this contractual relationship are only valid in writing.
10.3 10.2 does not apply to consumer transactions.
10.4 HOT Productions & Vertriebs GmbH is authorised, at its own risk, to entrust other companies with the provision of services arising from this contractual relationship.
10.5 The contractual partner is obliged to make changes to his name, changes to the number of subscriber numbers indicated, any change to his address (business address, transfer of registered office) or change of legal form, HOT Productions & Vertriebs GmbH immediately. If the contractual partner does not announce any changes, legally significant declarations from HOT Productions & Vertriebs GmbH shall be deemed to have been received, provided that they are made to the last address announced.
10.6 The possible ineffectiveness of individual provisions shall not affect the validity of the other General Terms and Conditions. The invalid provision is replaced by an effective one, the former which comes closest economically and legally to the former in terms of its purpose .
10.7 All legal transactions or other legal relations with HOT Productions & Vertriebs GmbH are governed exclusively by formal and substantive Austrian law. The UN Convention on Contracts for the International Sale of Goods (CISG) and reference standards and any other intergovernmental conventions, even after their transposition into Austrian law, expressly do not apply. In the case of contracts for a purpose which cannot be attributed to the professional or commercial activity of the entitled party (contract with consumer, B2C), this choice of law shall apply only to the extent that the protection afforded by mandatory provisions of the law of the State, which the consumer is habitually resident.
Voecklabruck, January 2023