General Terms

1. General provisions

   Our deliveries are made exclusively in accordance with the terms and conditions set forth below. The buyer acknowledges that these terms and conditions of sale are binding on the buyer for all future transactions. Any agreement that deviates from this requires our written confirmation. Any terms and conditions of purchase set forth by the buyer that differ from these shall not apply unless Hama expressly accepts them in writing. Our General Terms and Conditions of Delivery and Payment shall be deemed accepted no later than upon Receiving the goods.
   Personal customer data are electronically stored and processed by us in compliance with all data protection regulations, insofar as this is necessary for the proper handling of the business relationship. To this end, the buyer gives their express consent, which may be revoked at any time without giving reasons.

2. Offer and order

   Our offers are non-binding. Submitting an offer does not create any obligation on our part to enter into a purchase agreement. Any changes to our offers require our written consent.
   Technical specifications and illustrations of the purchased item in brochures and other promotional materials are not guaranteed features, but descriptions or designations of the products we distribute. Unless limits on permissible deviations have been separately agreed upon, deviations customary in the industry (manufacturing tolerances) are permitted in all cases.
   When purchasing based on a sample, we endeavour to deliver in the quality and model of the sample; however, we do not guarantee complete conformity between the sample and the delivered goods. Minor deviations from the sample do not entitle the buyer to warranty claims or compensation.

3. Prices

   All prices are in euros, delivered free to the door by the most economical shipping method, including package, plus statutory VAT. Shipping insurance will be billed separately.
   For orders with a total value of up to EUR 110.00 (excluding sales tax), we charge a one-time processing fee of EUR 12.00 plus sales tax in addition to the cost of the merchandise.

4. Delivery and delivery time

   Unless we have confirmed binding delivery times in writing on a case-by-case basis, the delivery dates specified in quotes and order confirmations are to be understood as approximate estimates, which we will endeavour to meet to the best of our ability. If the delivery time is exceeded, the buyer is entitled to set a reasonable grace period in writing and, upon its expiration, to withdraw from the contract by written notice.
   The delivery time is deemed to have been met if, by the time it expires, notification that the goods are ready for shipment has been provided or the goods have left the factory.
   The delivery period shall be extended in the event of labour disputes, in particular strikes and lockouts, as well as in the case of unforeseen obstacles beyond our control and influence, such as operational disruptions or delays in the delivery of essential material, provided that such obstacles demonstrably have a significant impact on the delivery of the goods. This also applies if such circumstances arise with subcontractors. The delivery period will be extended by the duration of such events. If such events render the delivery or service impossible or unreasonable, we shall be released from our obligation to deliver.
   We shall not be held liable for the circumstances described above even if they arise during a period of default that has already begun. In important cases, we will notify the buyer without delay of the beginning and end of such obstacles.
   The buyer’s claim for damages due to a delay in delivery is excluded unless we are found to be liable for wilful misconduct or gross negligence.
   We are entitled to make partial deliveries to a reasonable extent. Disputes regarding a partial delivery do not entitle the buyer to refuse other partial deliveries.

5. Shipping and transfer of risk

   We will select the route and mode of transportation at our sole discretion, without any liability for the fastest shipment or timely arrival.
   Upon delivery of the goods to the freight forwarder, carrier, or any other shipping agent - including those employed by the company - at the latest upon leaving the factory or warehouse, the risk passes to the buyer - even in FOB and CIF transactions.
   Goods reported as ready for shipment on the agreed delivery date must be picked up immediately. Otherwise, we are entitled, at our sole discretion, to store these goods at the buyer’s expense and risk and to invoice them as delivered ex works or ex warehouse. The same applies if shipment cannot be made due to a traffic closure or other circumstances beyond our control.
   If the buyer fails to accept the goods within 14 days of receiving the notice of readiness, we are entitled, after setting a grace period of an additional 14 days, to rescind the contract or to claim damages for nonperformance.

6. Terms of payment

   1. Creditworthiness

      If the buyer defaults on a payment or if there are reasonable doubts regarding the buyer’s solvency or creditworthiness, we are authorised, without prejudice to our other rights, to make delivery - including for existing orders - contingent upon the provision of appropriate security or advance payment of all or part of the purchase price, and to declare all claims arising from the business relationship immediately due and payable.

   2. Domestic payment terms

      Payment of the purchase price must be made within the agreed period - unless otherwise agreed, within 14 days of the invoice date, with a 2% discount on the invoice amount, or within 30 days without any deduction, in cash or by wire transfer to one of our accounts - regardless of whether the goods have been received. We do not offer a discount for cash-on-delivery shipments. The buyer is in default if the full amount of the invoice is not paid and received by us within 30 days of the due date and receipt of the invoice. The buyer is entitled to set-off and retention rights only if the buyer’s counterclaims have been legally established or acknowledged by us. We accept bills of exchange or checks only by special agreement and, in any case, only on account of payment. Bills of exchange or cheques will be credited subject to input, with the value date being the day on which we can definitively access the funds. All costs arising from this shall be borne by the buyer. If payment terms are exceeded (regardless of whether the buyer is at fault), interest will be charged in accordance with § 456 of the Austrian Commercial Code (UGB), but at a rate of at least 5 percentage points above the base rate. A reminder fee of 10 euros plus sales tax will be charged for each reminder.

   3. Payment terms for international orders

      For export transactions, only the payment terms agreed upon in writing shall apply; in the absence of such agreements, payment in advance is required.

7. Reservation of title

   We reserve title to the delivered goods until the buyer has paid all amounts due arising from the business relationship, including any accrued interest and costs, as well as any outstanding balance on the current account, and until the bills of exchange and cheques accepted in payment have been fully honoured.
   As long as we still have claims for payment against the buyer arising from the business relationship, the following applies:
   The buyer is entitled to sell, process, or use the goods subject to this retention of title in the ordinary course of business. However, if we have declared the buyer to be in default due to overdue payments, the goods that are still in their original condition in the buyer’s possession or that are still to be received must be held at our disposal. We are entitled to pick up the goods that we own even without prior notice; this does not constitute a withdrawal from the purchase agreement for these goods. If goods that are still our property are sold, the claim to the consideration shall pass to us without the need for a specific act of transfer upon the creation of the claim. The buyer is entitled to collect the receivable assigned to us, but must remit the collected amounts to us without delay. This also applies mutatis mutandis to all claims arising from any other service we have provided. The buyer is not authorised to pledge the goods or the assigned receivables or to transfer ownership of them as security. Legal and enforcement attachments by third parties must be notified to us immediately in writing, specifying the identity of the attaching creditor and their claim. The buyer is required to adequately insure the goods against fire and theft and, upon request, to provide us with proof that such insurance has been taken out.
   The retention of title extends to the new items created through processing. In the event of connection or mixing with items not belonging to the buyer, we acquire co-ownership in accordance with the statutory provisions.
   At the buyer’s request, we will release our security to the extent - and at our discretion - that its value exceeds the claims to be secured by more than 20 per cent, other than on a temporary basis.

8. Claims for defects and warranty

   1. Claims for defects

      We guarantee that our products are free from material defects. The warranty period begins on the date of delivery to the buyer and lasts for 2 years.
      The buyer must inspect the delivered goods immediately upon receipt to ensure they conform to the order and to check for defects. Any defects discovered must be reported in writing within 14 days of the buyer’s receipt of the goods, specifying the nature of the defect. Defects that are not immediately apparent must be reported in writing, specifying the nature of the defect, immediately upon discovery, but no later than 2 years after receiving the goods. If valid complaints regarding defects are made in a timely manner, the missing quantities will be delivered, and, at our discretion, the goods will be repaired, replaced, or returned, or the buyer will be granted a price reduction.

   2. Warranty

      We provide a warranty for some of our products, as specified on the product's warranty card. No warranty is provided for products without a warranty card. Under the warranty, any material or manufacturing defects that occur within the warranty period will be remedied free of charge through repair or replacement, at our discretion.
      No claims for damages may be based on this warranty, in particular no claims for compensation for consequential damages. In the event of a warranty claim, the device must be sent to us along with a description of the defect and the retailer's sales receipt as proof of warranty eligibility.
   3. In the event of damage caused by physical force or improper handling, as well as in the event of modifications or repairs performed by the customer or third parties without our written consent, all warranty and damage claims, as well as the guarantee, shall be void.
      In the case of wear parts, a material defect exists only if the damage is not due to normal wear and tear.
   4. Any reimbursement of expenses (with respect to services provided by the buyer to third parties) must be agreed upon in advance in writing with Hama on a case-by-case basis. This applies only to buyers who themselves resell the purchased goods to private consumers.
      Furthermore, Hama shall not be liable for reimbursement of any expenses. The buyer has no other rights.
   5. For all shipments sent to us in connection with warranty and damage claims, guarantees, product liability claims, and similar matters, the sender must initially bear the postage and freight costs, which will be reimbursed once we have acknowledged the claim.

9. Warranty disclaimer

   Our liability for damages - regardless of the legal basis - is limited to wilful misconduct and gross negligence, including wilful misconduct and gross negligence on the part of our representatives or agents. Unless there has been an intentional breach of duty, liability is limited to foreseeable, typically occurring damages.
   In the event of a breach of a material fundamental obligation, we are liable for any degree of fault. However, our liability in this case is limited to foreseeable, typically occurring damages.
   Liability for culpable injury to life, body, or health remains unaffected; this also applies to strict liability under the Product Liability Act.

10. Goods clearance

    Goods clearance may only take place with our prior approval or that of our field staff. As a general rule, all storage media, electronic devices, picture frames, software, promotional items, bulk goods, opened display items/minimum order quantities, and all products that are no longer part of our current product lineup are excluded from merchandise clearance. Returns must in all cases be sent in the original packaging, carriage paid to the recipient. A copy of the invoice that was originally issued for the shipment must be included with the shipment.
    Credit notes from returned merchandise can only be applied toward new purchases. Credits are issued after deducting the applicable discount. We charge a 15% handling fee based on the credited value of the goods.

11. Governing law

    Austrian law shall apply exclusively, to the exclusion of the laws governing the international sale of movable property (UN Convention on Contracts for the International Sale of Goods), even if the buyer has its corporate headquarters or administrative headquarters abroad.

12. Place of performance and jurisdiction

    The place of performance for all claims for delivery and payment is 2384 Breitenfurt, Austria. For all disputes arising out of or in connection with a contractual relationship in which the buyer is a business entity, a legal entity under public law, or a special fund under public law, the parties agree that the courts in Vienna with jurisdiction over commercial matters shall have exclusive jurisdiction. However, we are also entitled to file a lawsuit at the buyer's headquarters.

13. Miscellaneous

    If any provision of these General Terms and Conditions is invalid or unenforceable, the remaining provisions shall remain unaffected.