Section 1:    Scope
These general terms and conditions shall apply to the delivery of all goods to customers by HKS Warenzeichenverband e. V. (hereinafter referred to as "HKS") on the basis of Internet orders via the online shop. Any general terms and conditions of the customer shall not apply, without it being necessary for HKS to reject any such terms and conditions.

Section 2:    Order
The Internet order placed by the customer shall be a binding offer for the conclusion of a contract to purchase the goods covered by the order.

Section 3:    Conclusion of contract
All offers made in the online shop are without obligation to HKS and are made subject to prior sale. A contract for the supply of the goods covered by an online order shall not be deemed to have been concluded when said order is received but only when HKS has issued a confirmation of contract to the customer or supplied the goods ordered.

Section 4:    Right of rescission
If the customer is a consumer, the customer shall be entitled to rescind the contract subject to the following conditions:

Customers who are consumers shall be entitled to rescind the contract within two weeks without stating any reason by a declaration in text form (e.g. by letter, fax or email) or by returning the goods concerned. Said period of two weeks shall commence no earlier than the date when the customer has received this information on the right of rescission and the goods concerned. In order to meet the deadline stated in this section, it shall be sufficient for the customer to have sent the appropriate declaration or dispatched the goods concerned within said deadline: Declarations of rescission shall be addressed to:

HKS Warenzeichenverband e. V
Sieglestr. 25
D 70469 Stuttgart

Consequences of rescission
In the event of an effective rescission of the contract by the customer, the customer and HKS shall each return to each other any goods, services and payments which they may have received under the contract and any use of such goods, services and payments (e.g. interest). In the event that the customer is unable to return goods or services in full or the goods or services have deteriorated, the customer shall pay to HKS compensation for any goods or services which are not returned or have deteriorated. In the case of the delivery of goods, the customer shall not be obligated to pay compensation to HKS for deterioration which is solely the result of the testing of goods to an extent which would have been possible in a physical shop. The customer may avoid the obligation to pay compensation if the customer does not use the goods as an owner and refrains from all action which could impair the value of the goods. Goods which can be sent as parcels shall be returned at the cost and risk of HKS; other goods will be collected from the customer's address.

End of information concerning rescission
The customer shall not be entitled to rescind contracts for the supply of goods which by their nature are not fit to be returned or for the supply of software, in the event that the customer has broken the seals on the data storage media concerned.

Section 5:    Prices and payments
All prices are quoted in euros exclusive of value added tax at the applicable rate. The customer shall pay the shipping charge indicated in addition to the price quoted. The payment options indicated in the online shop are available.

Section 6:    Delivery, properties of goods
Goods shall be delivered when the full purchase price plus carriage charge has been received by HKS. HKS shall be entitled to make partial deliveries under the contract, if the customer can reasonably be expected to accept such deliveries. HKS reserves the right to make the customary, slight changes to goods prior to delivery, including improvement to the goods, provided that such changes do not unreasonably affect the interests of the customer.

Section 7:    Compensation
If HKS does not perform the contract or performs the contract with a delay or with defects, the customer shall only be entitled to claim compensation for (a) death, personal injury or damage to health caused by a wilful or negligent breach of its obligations by HKS; (b) for other loss or damage caused by a wilful or grossly negligent breach of its obligations by HKS or by a wilful or negligent breach of essential provisions of the contract by HKS; (c) for loss or damage covered by a guarantee (assurance) given by HKS or by a guarantee by HKS as to the property or durability of goods.

Section 8:    Retention of title
The goods shall remain the property of HKS until the purchase price and shipping charge have been paid in full. This shall also apply for as long as the customer is able to reclaim the purchase price by unilateral declaration.

Section 9:    Set-off and retainer
The customer shall not be entitled to set off any claims from amounts owed to HKS except in the case of claims which are not disputed by HKS or in respect of which an enforceable judgement has been given. The customer shall not be entitled to exercise any right of retainer except in respect of claims under the same contract.

Section10:    Applicable law and venue for disputes
The contract shall be governed by and construed and interpreted in accordance with German law, provided however that the UN Convention on Contracts for the International Sale of Goods shall not apply. The venue for any disputes arising between the parties out of or in connection with the contract shall be the court having jurisdiction over the place where HKS has its registered office if the customer does not have a general venue for disputes in Germany or has relocated its general venue for disputes to a place outside Germany.

These general terms and conditions are valid without signature.