General Terms and Conditions

General Terms and Conditions

Customer Information

§ 1 Basic Provisions

  1. The following terms and conditions apply to contracts that you conclude with us as the provider (HMC Hightech Media Components GmbH Co. KG) via the website https://www.wavemaster.com. Unless otherwise agreed, the inclusion of any terms you may have used is rejected.
  2. A consumer in the context of the following regulations is any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to their commercial or independent professional activities. An entrepreneur is any natural or legal person or a legally capable partnership that acts in the exercise of their independent professional or commercial activity when concluding a legal transaction.

§ 2 Formation of the Contract

  1. The subject of the contract is the sale of goods and/or the provision of repair services.
  2. By placing the respective product on our website, we make a binding offer to conclude a contract for the goods via the online shopping cart system under the conditions specified in the item description.
  3. The contract is concluded via the online shopping cart system as follows: The goods and/or repair services intended for purchase are placed in the “shopping cart.” You can access the “shopping cart” at any time via the corresponding button in the navigation bar and make changes there at any time. After clicking the “Checkout” or “Proceed to Order” button (or similar designation) and entering your personal data as well as payment and shipping conditions, the order data will be displayed to you as an order overview.

    If you use an instant payment system (e.g., PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as the payment method, you will either be directed to the order overview page in our online shop or to the website of the provider of the instant payment system. If you are redirected to the respective instant payment system, you make the appropriate selection or enter your data there. Finally, the order data will be displayed to you as an order overview either on the website of the instant payment system provider or after you have been redirected back to our online shop.

    Before submitting the order, you have the opportunity to review and modify the information in the order overview (including using the “back” function of the internet browser) or to cancel the order. By submitting the order via the corresponding button (“order with obligation to pay,” “buy” / “buy now,” “order with costs,” “pay” / “pay now” or similar designation), you legally declare acceptance of the offer, thereby concluding the contract.
  4. Your inquiries regarding the creation of an offer are non-binding for you. We will make you a binding offer in text form (e.g., via email), which you can accept within 5 days (unless another period is specified in the respective offer).
  5. The processing of the order and the transmission of all information required in connection with the conclusion of the contract will be carried out by email, partly in an automated manner. You must therefore ensure that the email address you have provided to us is correct, that the receipt of emails is technically ensured, and in particular, that it is not prevented by SPAM filters.

§ 3 Individually Designed Goods

  1. You provide us with the appropriate information, texts, or files required for the individual design of the goods via the online ordering system or by email immediately after the conclusion of the contract at the latest. Any specifications we may have regarding file formats must be observed.
  2. You undertake not to transmit any data whose content violates the rights of third parties (in particular copyrights, naming rights, trademark rights) or existing laws. You expressly indemnify us against all claims made by third parties in this context. This also includes the costs of the necessary legal representation in this context.
  3. We do not check the transmitted data for content accuracy and therefore assume no liability for errors in this regard.

§ 4 Service Provision for Repairs

  1. If repair services are the subject of the contract, we owe the repair work resulting from the service description. We will carry this out to the best of our knowledge and belief, either personally or through third parties.
  2. You are obligated to cooperate, in particular by describing the defect in the device as comprehensively as possible and providing the defective device.
  3. You bear the costs of sending the defective device to us.
  4. Unless otherwise stated in the respective offer, the repair, including the dispatch of the device, will be carried out within 5 – 7 days after receipt of the device to be repaired (in the case of agreed prepayment, however, not before the time of your payment instruction).
  5. If you exercise your right of termination according to § 648 sentence 1 BGB, we can demand a lump-sum compensation of 10% of the agreed remuneration if the execution has not yet begun. However, this only applies if you exercise your right of termination after the withdrawal period has expired. You have the right to prove that we have incurred no or significantly lower costs.

§ 5 Special Agreements on Offered Payment Methods

  1. Payment via “PayPal” / “PayPal Checkout”
    When selecting a payment method offered via “PayPal” / “PayPal Checkout,” the payment processing is carried out through the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; “PayPal”). The individual payment methods available through “PayPal” will be displayed to you under a correspondingly designated button on our website and during the online order process. For payment processing, “PayPal” may use other payment services; if special payment conditions apply for this, you will be separately informed. For more information about “PayPal,” please visit https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
  2. Payment via “Stripe”
    When selecting a payment method offered via “Stripe,” the payment processing is carried out through the payment service provider Stripe Payments Europe Limited (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland; “Stripe”). The individual payment methods available through “Stripe” will be displayed to you under a correspondingly designated button on our website and during the online order process. For payment processing, “Stripe” may use other payment services; if special payment conditions apply for this, you will be separately informed. For more information about “Stripe,” please visit https://stripe.com/de.

§ 6 Right of Retention, Retention of Title

  1. You can only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.
  2. The goods remain our property until the purchase price is paid in full.
  3. If you are an entrepreneur, the following also applies:
    1. We retain ownership of the goods until all claims from the ongoing business relationship have been fully settled. Before the transfer of ownership of the reserved goods, pledging or transfer by way of security is not permitted.
    2. You may resell the goods in the ordinary course of business. In this case, you hereby assign all claims arising from the resale in the amount of the invoice value to us, and we accept the assignment. You are further authorized to collect the claim. However, if you do not properly fulfill your payment obligations, we reserve the right to collect the claim ourselves.
    3. In the event of combination or mixing of the reserved goods, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.
    4. We commit to releasing the securities that we hold upon your request, to the extent that the realizable value of our securities exceeds the secured claim by more than 10%. The choice of which securities to release is at our discretion.
  4. When selecting a payment method offered via “Stripe,” the payment processing is carried out through the payment service provider Stripe Payments Europe Limited (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland; “Stripe”). The individual payment methods available through “Stripe” will be displayed to you under a correspondingly designated button on our website and during the online order process. For payment processing, “Stripe” may use other payment services; if special payment conditions apply, you will be separately informed. For more information about “Stripe,” please visit https://stripe.com/de.

§ 7 Warranty

  1. Legal warranty rights apply.
  2. To the extent that you are informed about this before submitting the declaration of contract and it has been expressly and separately agreed, the statute of limitations for warranty claims for used goods is one year from the delivery of the goods. The above restriction does not apply:
    • for damages attributable to us that are caused by the injury to life, body, or health, and for damages caused by intent or gross negligence;
    • to the extent that we have fraudulently concealed the defect or have assumed a guarantee for the quality of the goods.
  3. As a consumer, you are requested to promptly inspect the goods upon delivery for completeness, obvious defects, and transport damage, and to notify us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty rights.
  4. A deviation from the objective requirements of a characteristic of the goods is only considered agreed upon if you were informed about it before submitting the declaration of contract and the deviation was expressly and separately agreed upon between the contracting parties.
  5. If you are an entrepreneur, the following warranty provisions apply instead of the above-mentioned rules:
    • The quality of the goods is only defined by our own statements and the manufacturer’s product description as agreed, and not by other advertising, public promotions, or statements made by the manufacturer.
    • In the case of defects, we will provide warranty either by repair or replacement at our discretion. If the defect removal fails, you may choose to either request a reduction in price or withdraw from the contract. Defect removal is considered failed after a second unsuccessful attempt, unless the nature of the goods or the defect or other circumstances indicate otherwise. In the event of repair, we are not required to bear the additional costs incurred by transporting the goods to a location other than the place of performance, unless the transportation is in accordance with the intended use of the goods.
    • The warranty period is one year from the delivery of the goods. The reduction of this period does not apply to:
      • – damages attributable to us that are caused by injury to life, body, or health, and for damages caused by intent or gross negligence;
      • to the extent that we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
      • for items that have been used for a construction project according to their usual manner of use and have caused defects in the building;
      • for statutory recourse claims you have against us in connection with warranty rights.
        https://stripe.com/de.

§ 8 Choice of Law, Place of Performance, Jurisdiction

  1. German law applies. For consumers, this choice of law only applies insofar as it does not deprive them of the protection granted by mandatory provisions of the law of the country of their habitual residence (principle of favorability).
  2. The place of performance for all services arising from our business relationships and the place of jurisdiction is our registered office, provided that you are not a consumer but a merchant, a legal entity under public law, or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU, or if your residence or habitual place of abode is unknown at the time of filing the lawsuit. This does not affect the right to bring the case before another legally competent court.
  3. The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) explicitly do not apply.

Customer Information

1. Identity of the Seller

HMC Hightech Media Components GmbH Co. KG
Knochenhauerstr. 11
28195 Bremen
Germany
Email: info@wavemaster.com

Alternative Dispute Resolution:
The European Commission provides a platform for online dispute resolution (ODR platform), accessible at https://ec.europa.eu/odr.

2. Information on the Conclusion of the Contract

The technical steps to conclude the contract, the contract conclusion itself, and the correction options are governed by the provisions “Conclusion of the Contract” in our General Terms and Conditions (Part I).

3. Language of the Contract, Storage of the Contract Text

  1. Vertragssprache ist deutsch .
  2. The complete text of the contract is not stored by us. Before submitting the order through the online shopping cart system, the contract data can be printed or saved electronically using the browser’s print function. After receiving the order, we will send you the order details, the legally required information for distance contracts, and the General Terms and Conditions by email.
  3. For inquiries outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g., by email, which you can print or save electronically.

4. Codes of Conduct

We have adhered to the quality criteria of Trusted Shops GmbH, which can be viewed at: https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf

5. Essential Characteristics of the Goods or Services

The essential characteristics of the goods and/or services can be found in the respective offer.

6. Prices and Payment Terms

  1. The prices listed in the respective offers, as well as the shipping costs, are total prices. They include all price components, including all applicable taxes.
  2. The applicable shipping costs are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer, are separately displayed during the ordering process, and are to be borne by you in addition to the purchase price, unless free shipping has been promised.
  3. If delivery is made to countries outside the European Union, additional costs that we are not responsible for may arise, such as customs duties, taxes, or money transfer fees (transfer or currency conversion fees of the financial institutions), which are to be borne by you.
  4. You are responsible for any incurred money transfer costs (transfer or currency conversion fees of financial institutions) in cases where delivery is made to an EU member state but the payment is initiated outside the European Union.
  5. The payment methods available to you are listed under a correspondingly labeled button on our website or in the respective offer.
  6. Unless otherwise stated for individual payment methods, the payment claims arising from the concluded contract are due immediately.

7. Delivery Conditions

  1. The delivery conditions, delivery date, and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.
  2. If you are a consumer, it is legally regulated that the risk of accidental loss and accidental deterioration of the sold goods during shipment only transfers to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not designated by the seller or another person for the execution of the shipment.
  3. If you are a business owner, the delivery and shipment are at your own risk.

8. Statutory Warranty Rights

The liability for defects is governed by the “Warranty” provisions in our General Terms and Conditions (Part I).

9. Termination

Information about the termination of the contract and the termination conditions can be found in the provisions on “Repair Services” in our General Terms and Conditions (Part I), as well as in the respective offer.

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