TERMS AND CONDITIONS

General terms and conditions e-shop


1. The company Hoppstar GmbH, A-4710 Grieskirchen is the shop operator of www.hoppstar.com. 


All deliveries and services based on online orders via the Internet or other online services are based on these terms and conditions. Deviating and/or supplementary agreements require the express consent and the written form; this also applies to a waiver of the written form requirement.


2. If possible, Hoppstar GmbH will comply with agreed or specified delivery times on time. If these are exceeded by more than three weeks, the customer has the right to set a grace period with the notice that he will refuse acceptance of the object of purchase after the period has expired. This grace period must be at least two weeks. If no agreement can then be reached on a new delivery date, the customer can withdraw from the contract after the grace period has expired by means of a written declaration. If the buyer demands compensation for non-performance in the event of delay or impossibility, this is limited to a maximum of 5% of the purchase price in the case of slight negligence and only includes compensation for direct damage, i.e. in particular not compensation for lost profits or any other indirect damage. Further claims of the buyer - especially for delivery - are excluded.


3. The risk passes to the customer as soon as the goods have been handed over to the transport company and have left the warehouse. Complaints about transport damage must be made by the customer directly to the transport company within the specified periods. In the case of shipments from the customer to Hoppstar GmbH, Steiffstraße 1, A-4710 Grieskirchen, the customer bears all risk, in particular the transport risk, until the goods arrive.


4. We also deliver domestic deliveries by cash on delivery. If the acceptance of cash on delivery shipments is refused without reason or "not picked up", we reserve the right to charge 25 euros for processing fee/postage costs. Unpaid processing fees will be sued for through legal action (lawyer). Postage costs for returned goods are borne entirely by the buyer. If the amount for returned deliveries is transferred back, the postage costs paid by us will be deducted.


5. Complaints about scope of delivery, material defects, incorrect deliveries and quantity discrepancies must be made in writing immediately, but no later than within one week of receipt of the goods, insofar as these can be determined by reasonable examinations. This does not take into account normal wear and tear or damage, in particular due to non-compliance with the weight limits or improper use.


6. The object of purchase remains the property of the supplier until the claims due under the contract have been settled. The customer is obligated to provide us with all information required within the framework of the pursuit of rights from the agreed retention of title.


7. We are entitled to collect, store and electronically process the customer's personal data required within the framework of the business relationship. We do not give information to third parties!


8. The ineffectiveness of individual points of these general terms and conditions does not affect the effectiveness of the remaining provisions. The invalid provision is replaced by a new provision that comes as close as possible to the economic effect of the invalid provision. The place of performance and place of jurisdiction for contracts that have been concluded including these General Terms and Conditions is the District Court of Grieskirchen. or the competent court closest to the place where www.hoppstar.com operates.


Terms of Service


1.Scope 


1.1 All offers, deliveries and other services (hereinafter "SERVICES") by Hoppstar GmbH (hereinafter Hoppstar), including all future SERVICES, are made exclusively on the basis of these General Terms and Conditions of Sale and Delivery (hereinafter "GTC") and exclusively in B2B business transactions with customers from Hoppstar (hereinafter "CUSTOMERS"). Existing and future individual contractual agreements with CUSTOMERS take precedence over these GTC insofar as they contain different regulations and agreements compared to these GTC.


1.2 The GTC also apply exclusively if Hoppstar does not expressly object to deviating terms and conditions. Execution of SERVICES by Hoppstar in the knowledge of the customer's deviating terms and conditions does not constitute approval by Hoppstar.


2. Offers and conclusion of contract


2.1 Offers from Hoppstar are always subject to change and non-binding, unless expressly stated otherwise in writing by Hoppstar. The respective contract between Hoppstar and the CUSTOMER is only legally binding with written confirmation from Hoppstar. This also applies to agreements and ancillary agreements.


2.2 Documents belonging to offers such as illustrations, drawings, weight or size specifications, samples, etc. are approximate values ​​customary in the industry. We expressly reserve the right to deviate from the order in terms of material and design in the context of technical progress.


3. Prices, terms of payment


3.1 Unless otherwise expressly agreed in writing with the CUSTOMER, all Hoppstar prices apply in accordance with the Hoppstar price list applicable at the time of the order confirmation plus VAT.


3.2 Invoices from Hoppstar are payable net and free of charges within 14 days of the date of invoicing, unless otherwise agreed in writing between the CUSTOMER and Hoppstar. Hoppstar reserves the right, particularly in the case of first-time customers and if a CUSTOMER is in default of payment, regardless of any other rights that may exist, to make further deliveries to the CUSTOMER dependent on delivery against advance payment or to demand other securities that Hoppstar believes are suitable.


3.3 If the due date or payment terms agreed in writing between Hoppstar and the CUSTOMER are exceeded, Hoppstar is entitled, irrespective of other existing rights, to charge default interest of 8% above the base rate of the European Central Bank until the payment has been made in full. This also applies to deferrals.


3.4 Hoppstar reserves the right to adjust the price if Hoppstar has not yet given the CUSTOMER a written order confirmation


3.5 The CUSTOMER is only entitled to offset against counterclaims if these are undisputed or have been legally established. The same applies to the assertion of rights of retention by the CUSTOMER.


4.Delivery 


4.1 All delivery times are approximate but non-binding, unless Hoppstar has expressly agreed a fixed delivery date with the CUSTOMER in writing in individual cases.


4.2  Unless otherwise expressly agreed in writing with the CUSTOMER, deliveries by Hoppstar are subject to the following fees:


For Germany: 


Net purchase value € 1,- bis € 300,-: € 9,40

 Net purchase value € 301,- bis € 550,-: € 6,5

 Net purchase value € 551,- bis € 800,-: € 3,5

 Net purchase value € 801,-: € 0,-


For Austria


Net purchase value€ 1,- bis € 300,-: € 17,70

 Net purchase value€ 301,- bis € 550,-: € 12,10

 Net purchase value€ 551,- bis € 800,-: € 6,50

 Net purchase value € 801,-: € 0,-


4.3 Hoppstar is entitled to make partial deliveries and to invoice the CUSTOMER for each of these independently. 


4.4 If Hoppstar cannot meet binding delivery or service dates due to force majeure or other reasons for which Hoppstar is not responsible, Hoppstar will inform the CUSTOMER of this immediately and at the same time inform them of the expected new delivery or service date.


4.5 If the CUSTOMER defaults in acceptance, fails to cooperate or there is a delay in delivery for other reasons for which the CUSTOMER is responsible, Hoppstar is entitled, regardless of other rights to which it is entitled, to demand compensation for the damage incurred by Hoppstar, including all associated additional expenses. Furthermore, in this case the risk of accidental deterioration and loss of the corresponding goods is transferred to the CUSTOMER. 


5. Warranty and Returns, Statute of Limitations 


5.1 The goods are deemed to have been delivered in accordance with the contract if they correspond to the product descriptions intended for customers. This also applies to minor or customary deviations in quality, dimensions, colour, weight and the like, provided these deviations do not significantly impair the intended use of the goods.


5.2 Warranty claims of the CUSTOMER presuppose that he has notified Hoppstar in writing of the defect concerned in good time and has complied with his statutory inspection obligations. In the event of obvious defects, this inspection must be carried out immediately.


5.3 The CUSTOMER will promptly provide the goods that it has identified as defective, together with a copy of the relevant delivery note, at Hoppstar's request for the purpose of examining the defect complained of. If there is actually a defect in the goods in question, Hoppstar is entitled to choose between supplementary performance in the form of remedying the defect with expenses up to a maximum of the respective purchase price or a replacement delivery of new defect-free goods. If the rectification fails, becomes impossible or does not take place within a reasonable period of time set by the CUSTOMER, the CUSTOMER may, if and to the extent of the legal requirements, choose to withdraw from the contract or alternatively to a reduction in the purchase price, or to assert a claim entitled to claims for damages, including the limitations of liability contained in these General Terms and Conditions. In the case of divisible SERVICES, the right of withdrawal is limited to the specifically defective part.


5.4 The CUSTOMER is not entitled, without the prior written consent of Hoppstar, to confirm the defects in the products delivered to him by Hoppstar to his customers, or to make any other acknowledgments or promises of the warranty for defects. Hoppstar is generally not liable for warranties and other guarantee promises that the CUSTOMER gives to its customers and that go beyond the scope regulated in these GTC. This does not apply in cases in which Hoppstar has a corresponding further warranty liability towards end consumers due to applicable mandatory statutory provisions.


5.5 The warranty or limitation period is 12 months from the transfer of risk or from acceptance. Any modification or repair to the goods supplied by Hoppstar without its express prior written consent will void Hoppstar's warranty. The same applies to improper storage or other deviations from the intended use of the goods. The assertion of warranty claims does not affect Hoppstar's existing claims for payment. If the CUSTOMER defaults in payment, Hoppstar's warranty obligations are suspended until the payment obligation has been fulfilled.


5.6 The return of non-defective goods is only permitted with the express prior consent of Hoppstar. The prerequisite for a credit due to the return of non-defective goods is that the goods are received by Hoppstar in a fully salable condition. Hoppstar reserves the right to reduce the credit amount appropriately.


6. Liability and Limitation of Liability


6.1 Unless otherwise stated in these General Terms and Conditions, including the following provisions, Hoppstar is liable (including the liability for its employees, legal or contractually appointed representatives and for its other vicarious agents) in the event of a breach of contractual and non-contractual obligations in accordance with the relevant statutory mandatory provisions .


6.2 Hoppstar is liable for damages - for whatever legal reason - in the event of intent and gross negligence. In the case of simple negligence, Hoppstar is only liable a) for damage resulting from injury to life, limb or health, b) for damage resulting from the breach of an essential contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner regularly trust and trust. In this case, however, Hoppstar's liability is limited to compensation for the foreseeable, typically occurring damage and the amount to the final invoice amount (net) of the respective delivery of goods that triggered the customer's claim for damages or is associated with it.


6.3 The limitations of liability resulting from the above clause 6.2 do not apply if Hoppstar has fraudulently concealed a defect or has expressly assumed a written guarantee for the quality of the goods. Any liability on the part of Hoppstar that goes beyond these GTC due to applicable mandatory statutory provisions, for example within the framework of the German Product Liability Act, remains unaffected by the above limitations of liability.


7. Retention of Title


7.1 Delivered goods remain the property of Hoppstar (hereinafter "RESERVED GOODS") until all outstanding claims from the business relationship (including all current account balance claims) have been settled by the customer concerned. In the case of a current account, Hoppstar's security is used as security for the respective balance claim.


7.2 The CUSTOMER is obliged to treat the delivered RESERVED GOODS with care and store them separately and will insure them at his own expense against risks that are customary in business. The CUSTOMER is entitled to resell the RESERVED GOODS in the ordinary course of business. However, he assigns all claims resulting from this resale in the amount of the respective final invoice amount including VAT to Hoppstar, who accepts the assignment, as a precaution.


7.3 The CUSTOMER remains entitled to collect this claim alongside Hoppstar even after this assignment. Hoppstar will not collect the claim as long as the CUSTOMER is not in default of payment and, in particular, no application has been made to open composition or insolvency proceedings or payments have been suspended. In these cases, the CUSTOMER will immediately inform Hoppstar of the assigned claims and the respective third-party debtors, including all other information required to collect the claim, as well as hand over documents and inform the third-party debtors of the assignment. The CUSTOMER already allows Hoppstar and/or third parties authorized in writing by Hoppstar to collect RESERVED GOODS stored by him or third parties that have not yet been paid for by the CUSTOMER. He will allow Hoppstar and/or their authorized representatives access to the relevant premises. Taking back the RESERVED GOODS is not to be seen as withdrawal from the contract. The latter only applies if Hoppstar expressly declares this withdrawal in writing. Hoppstar is not obliged to set a deadline for the return. Hoppstar is entitled to sell the RESERVED GOODS by auction or by private sale and to offset the proceeds against the purchase price or to withdraw from the contract.


7.4 In the event of attachments or other interventions by third parties, the CUSTOMER will point out Hoppstar's existing rights and notify them immediately in writing so that Hoppstar can exercise their rights accordingly. If the third party is not able to reimburse Hoppstar for the judicial or extrajudicial costs incurred in this connection, the CUSTOMER shall be liable for this.


8. Storage of Data, Confidentiality


8.1 Die für die Geschäftsabwicklung notwendigen Daten werden im zulässigen Rahmen des Datenschutzgesetztes (DSG) sowie des Telekommunikationsgesetzes (TKG) gespeichert und im Rahmen der Bestellabwicklung verbundene Unternehmen weitergegeben. Persönliche Daten werden vertraulich behandelt. Der KUNDE stimmt der Erhebung, Verarbeitung und Nutzung kundenbezogener Daten im genannten Umfang zu. Details hierzu können der aktuellen Datenschutzerklärung – zu finden auf ​


8.2 All materials and information provided to the CUSTOMER by Hoppstar are to be treated confidentially by the CUSTOMER and may not be reproduced, published or otherwise disclosed without the express written consent of Hoppstar, unless they are publicly accessible, generally known or obviously intended for disclosure and manner made accessible to third parties. Upon termination of the business relationship, these documents and information are to be returned to Hoppstar and/or destroyed at Hoppstar's discretion.


9. Place of Performance, Place of Jurisdiction, Applicable Law


9.1 The place of performance for all SERVICES is Hoppstar's registered office and payments by the CUSTOMER are Hoppstar's registered office in Grieskirchen.


9.2 Exclusive place of jurisdiction is Linz. However, Hoppstar is also entitled to sue the customer at the court of his place of business or residence.  


9.3 Austrian law applies exclusively to the contractual relationship, to the exclusion of the UN Sales Convention.


10. Final Provisions


10.1 The CUSTOMER's rights from transactions conducted with Hoppstar may only be assigned with Hoppstar's express prior written consent.


10.2 Hoppstar reserves the right to amend and/or supplement these GTC – to the extent that they deem it necessary – and will immediately provide the CUSTOMER with a correspondingly modified written version, which then completely replaces the present version of the GTC. This also applies accordingly to the previous version of these General Terms and Conditions. All orders already placed by the CUSTOMER and confirmed by Hoppstar at the time the modified GTC are sent will be executed on the basis of the validity of the previous version of the respective GTC.


10.2 Hoppstar reserves the right to amend and/or supplement these GTC – to the extent that they deem it necessary – and will immediately provide the CUSTOMER with a correspondingly modified written version, which then completely replaces the present version of the GTC. This also applies accordingly to the previous version of these General Terms and Conditions. All orders already placed by the CUSTOMER and confirmed by Hoppstar at the time the modified GTC are sent will be executed on the basis of the validity of the previous version of the respective GTC.


10.4 Should one of the above provisions be wholly or partially ineffective, this shall not affect the validity of the remaining provision(s) or the contract. In this case, Hoppstar and the CUSTOMER expressly undertake to agree on a regulation that comes as close as possible to the intended economic purpose. The same applies in the event of any loopholes in these GTC.