(1) These General Terms and Conditions (GTC) apply to all offers and services of HotPart GmbH, hereinafter referred to as the contractor. If the customer refers to the inclusion of his own terms of business or purchase, they contradict each other.
(2) We conclude contracts exclusively with entrepreneurs.
(3) Individual contractual agreements take precedence over general conditions.
2. Choice of law
The law of the Federal Republic of Germany shall apply to contractual relations between the contracting parties. Application of the United Nations Sales Convention (CSIG) is excluded.
3. Formation of the contract, storage, language of the contract
(1) If the contractor advertises services on the website, this does not yet constitute an offer to conclude contracts. If the customer asks the contractor about the fulfillment service, the contractor informs him about the possibility of cooperation. In this case, the contractor sends the owner an offer to conclude an order fulfillment contract in text form, including these GTC. The contract is considered concluded when the contractor receives the acceptance certificate in text form from the customer.
(2) The language available for the conclusion of the contract is exclusively German.
4. Essential content of the contract
(1) The customer instructs the contractor to perform a full range of services. It consists of the following performance components:
- Landing of the customer: first receipt of goods, measurement of goods (length x width x height and weight), storage
- Regular acceptance of goods: acceptance of goods, checking the goods for completeness and the presence of external damage (on request, further checks), storage
- Warehousing: goods are in stock and, depending on turnover, can be moved to a more logical storage location.
- Issuance / shipment of goods: The goods are removed from the shelf by a warehouse employee and packed at the packing area.
- Returns processing: Receiving returns, checking returned goods and then sending them back to the warehouse / disposal / etc. (as agreed with the customer)
- Other work: e.g. labeling, packaging of delivered goods in shipping boxes, pre-folding, etc. (assembly)
- Product photo: Products from the warehouse are photographed in our own photo studio
(2) The customer undertakes to provide the contractor with the necessary information so that the contractor can optimally provide the services described above.
(3) The customer must provide the contractor with its own ERP system or an online store system, which the contractor can use to collect the necessary order data through the API interface. In exceptional cases and with a maximum volume limit of 10 orders per day, the contractor is ready to receive order data by email.
(4) The legal processing of contracts concluded between the customer and a third party, in particular sales contracts, is not part of the contract.
5. General rights and obligations of contracting parties
(1) The contractor provides its order fulfillment services in a warehouse at its company headquarters.
(2) The contractor provides its services on weekdays from 8:00 to 17:00 CET. This also applies to the business hours of goods receipt. Services will not be provided on public holidays in the country in which the contractor is located.
(3) The contractor does not store the following goods and goods in its warehouse:
- Dangerous goods unless otherwise noted.
- Valuables, unless another individual agreement has been concluded, which regulates, among other things, that the customer bears the costs of additional insurance.
- Counterfeits and pirated copies.
- Weapons, in particular firearms or parts thereof, imitation weapons or ammunition.
- Replica explosive devices, inert explosive devices and military equipment, including replica grenades, inert hand grenades and similar items.
- Items that, by their nature or packaging, pose a danger to postal employees and the public or may stain or damage other items, postal premises or third party property.
- Bulk goods.
- Hanging goods.
- Temperature controlled products.
- Live goods.
- Preparations, means, medicines.
- Products with odor release.
- Narcotics, intoxicants and psychotropic substances, as defined by the International Narcotics Council, or any other illegal drugs prohibited in the country of destination.
- Other items whose import or distribution is prohibited in the country of destination.
(4) The employer assures the contractor that the transferred goods are not subject to any prohibition of joint storage or loading and that the transferred goods and packaging do not pose a danger to the environment, people or other things, even if damaged.
(5) The contractor must check the delivery for compliance with the prohibitions set out in article 5, paragraph 3 of the General Terms and Conditions, no later than upon receipt of the goods. In case of any complaints, the contractor will refuse to receive the goods and inform the customer about it. After that, the goods will be available for collection. As a result, the costs are borne by the customer.
(6) The employer shall inform the contractor which of its SKUs are subject to age verification. The contractor shall then ensure that a suitable additional option is booked with the transport service provider. The customer hereby specifically declares that it has established a reliable age control system for products subject to a statutory age limit, which complies with the requirements of higher court rulings for a two-step age verification process. To do this, the identity and age of the customer are first verified by the customer during the ordering process. Upon subsequent shipment, the contractor shall ensure that the goods will be delivered personally to the customer, so that the age of the goods can be checked again when handing over the goods. In order for the contractor to insure personal delivery, the customer undertakes to inform the contractor immediately after receiving the order so that the contractor can take appropriate precautions.
6. Obligations of the customer for cooperation, communication channels
(1) The employer undertakes to support the contractor with regard to the requirements for optimal performance of the contract. In particular, the customer creates all the prerequisites that are necessary for the provision of services. These include, in particular:
- For punctual dispatch, order details must be submitted by 8:30 am on the scheduled dispatch day. A separate agreement will be made for same day delivery for orders received before 2pm. Without this, same day delivery is not required.
- Delivery of goods must be announced at least one business day in advance to ensure proper acceptance of the goods. If the exact delivery time of the goods is not agreed, the delivery must be made between 8:30 am and 4:00 pm.
- During registration, the customer must provide all the data required for the API interface to ensure a seamless digital connection to our system.
(2) Barriers to performance, which are not within the risk area of the contracting party, release the contracting parties from their performance obligations for the duration of the breach and the extent of their impact. Such impediments to performance include strikes and lockouts, force majeure, riots, hostilities or acts of terrorism, official measures, and other unforeseen, unavoidable, and serious events comparable to the above examples.
(3) In the event of an exception pursuant to Article 6, paragraph 2, each contracting party is obliged to immediately inform the other party and reduce the consequences for the other party to a reasonable minimum.
(4) The customer shall provide the contractor with all the data relating to the order through the IT system provided by the contractor and receive appropriate feedback from the contractor in the same way. In the event of failures in the EDV system, the parties are obliged to immediately notify each other.
7. Receipt of goods
(1) The customer provides the contractor with all the necessary data, in particular the basic data of the object and geodata (L x W x H, weight). This data is transferred to the contractor as part of the activation of the article for fulfillment services.
(2) If it is not a delivery by parcel, the customer or a forwarding agent authorized by him must notify the contractor in text form of the actual delivery of the goods.
(3) Each delivered product must be marked with a barcode printed on the outside. After storage is completed, the goods are available for storage.
8. Storage and inventory
(1) Inventory management is carried out using the warehouse management system used by the contractor. The customer has access to the current inventory in the contractor’s software.
(2) The customer has the right to request an accurate inventory list at any time. Upon prior notice to the contractor, he may also at any time inspect the warehouse and verify that the inventory is correct. The employer shall adequately reimburse the contractor for the costs incurred as a result. Upon receipt of the goods, the buyer has the opportunity to check the goods for quality and correctness on the spot. He can request individual parts from the warehouse at any time, for example for product photos. In this case, the cost of delivery is paid by the customer.
(3) The contractor undertakes to conduct a physical inventory (inventory) once a year. Additional inventories are possible if there is a specific reason. In particular, the contractor reserves the right to conduct a re-inventory upon termination of the contractual relationship with the customer. During inventory, there is no movement of goods, storage, picking or processing of orders. The customer should bear the cost of inventory.
(4) The Inventory Management System is the contractor’s warehouse management system. The numerical differences that occur in inventory compared to target inventory from the warehouse management system are recorded and communicated to the customer. The customer is provided with the calculation results for all stock items with a margin, even if there are no discrepancies.
9. Commissioning and packing by us
(1) The contractor will pick up the items needed to process the order from their storage locations and pack them in a shipping box. The goods must be packed in such a way that they can be delivered as a parcel without damage and in the smallest possible volume. This assumes that the Customer has securely packaged the goods for transport. Then accompanying documents (invoice, etc.) sent by the customer are attached.
(2) The contractor uses a neutral box to pack the items. If the customer requires other boxes for packing his goods, he must provide the contractor with boxes of different sizes.
(3) The box is sealed with neutral adhesive tape and an address or shipping label is attached. Each packet is assigned a label with an identification code and a routing code, provided that the routing code can be generated from the available address data. If the box is to be sealed differently and a special sender’s label is to be used, the Employer must provide the Contractor with the relevant materials.
(4) The contractor shall pack the order items in several packages if their volume exceeds the size of the largest shipping box or if the total weight exceeds the maximum allowable package weight.
(5) Orders submitted on the same day are usually completed on the same day. Order volumes that can no longer be processed on the same day are included in the daily order volume for the next business day.
10. Goods distribution, transport
(1) The customer must advise in advance which type of shipment the contractor should choose (eg insured or uninsured, package, special type of shipment). If the delivery route and mode of transport have not been agreed separately and the contractor has not received any special instructions, he may choose the cheapest option for the delivery route and mode of transport. In this regard, the contractor will take into account the recognizable interests of the Employer.
(2) Before loading, the identification code of each package is scanned. The customer receives confirmation of order processing from the contractor and the ability to track the shipment.
(3) There is no right to processing and delivery on the day of receipt of the order or otherwise during the specified delivery time, unless expressly regulated in the individual agreement.
(4) The place of performance is the place of transfer to the delivery service. The transfer of risk to the assembled goods occurs when the goods are handed over to the delivery service.
(5) The contractor is entitled to the corresponding partial deliveries. Delivery is carried out at the expense of the customer, the cost of delivery will be billed to the customer separately by the forwarder or carrier. In the event of unusual shipping routes or carriers, the contractor shall be entitled to advance shipping costs for the employer and then invoice them.
(6) If goods are shipped that are subject to age restrictions, reference is made to paragraph 6 of section 5 of these General Terms and Conditions.
11. Compensation and settlement
(1) The customer pays the contractor for the performance of services the remuneration agreed in the contract. All prices are inclusive of statutory VAT.
(2) The contractor issues invoices on a monthly basis unless otherwise agreed.
(1) Except for damages resulting from injury to life, bodily injury or health, the contractor shall only be liable for intent and gross negligence. This also applies to culpable breaches of duty by the legal representatives or agents of the contractor. The limitation of liability also does not apply in the event of a culpable breach of pre-contractual obligations to provide information and explanations, as well as in the event of a breach of essential contractual obligations by the contractor, his legal representatives or agents. A material contractual obligation is any obligation the fulfillment of which primarily ensures the proper performance of the contract and on whose observance the contracting partner can regularly rely.
(2) Since the exclusion of liability under paragraph 1 (above) does not apply, the contractor shall only be liable for contractual and foreseeable damages.
13. Validity and termination
(1) The contract is concluded for an indefinite period, unless otherwise stipulated in the individual agreement.
(2) Both parties may terminate the contract with three months’ notice before the end of the month. To meet the deadline, it depends on the receipt of a letter of termination by the customer. The parties’ right to emergency termination without prior notice for important reasons remains unaffected. An important reason is given, in particular, if one of the parties violates essential obligations under this agreement and persists in violation despite a reasonable written warning.
(3) At the end of the contract, the contractor shall store any remaining goods in the employer’s possession and ship them back to the employer or a third party specified by the employer. The customer bears the cost of return shipping.
The parties mutually undertake to comply with data protection rules and ensure the protection of their commercial and commercial secrets in the framework of the execution of this agreement. With regard to the processing of orders, a separate agreement is concluded in accordance with the provisions of the GDPR and BDSG.
For all mutual claims of contractual partners, data entry is agreed as place of performance and place of jurisdiction, provided that the contractual partners are merchants, legal persons under public law or special funds under public law. Bremen, Germany shall also be considered place of performance and place of jurisdiction if the customer does not have a general place of jurisdiction in Germany.
16. Severability clause
Should individual provisions of the contract with the customer, including these General Terms and Conditions, be or become invalid in whole or in part, or if the agreements contain a gap, this shall not affect the validity of the remaining provisions.
Bremen, July 2, 2020