General Terms and Conditions

These terms and conditions apply only to direct orders via 5dhyperwave®. These are possible outside the German-speaking area only by e-mail or telephone.

The online store of 5D hyperwave® (https://5dhyperwave.de) is only designed for the German-speaking area (DACH countries).

When ordering from our trade partners, the terms and conditions of the respective partners apply.

§ 1 Contractual Partner

On the basis of these General Terms and Conditions (GTC) a contract is concluded between the customer and

5D hyperwave® represented by Annett Möbius, Am Forstblock 1, D-06901 Kemberg

Phone: +49 176 – 96020441 , E-mail address: contact@5dhyperwave.com

Sales tax identification number: DE238646381

hereinafter referred to as the provider, the contract is concluded.

Unless otherwise agreed, the inclusion of any terms and conditions used by you is contradicted.

 

§ 2 Subject matter of the contract

By this contract the sale of new goods from the area(s) of electrosmog and room harmonization via the online store / the website / and other communication of the provider is regulated. Because of the details of the respective offer it is referred to the product description of the offer page.

 

§ 3 Conclusion of contract

The contract is concluded in electronic business transactions via the store system or via other means of remote communication such as telephone and e-mail. In this context, the offers presented represent a non-binding invitation to submit an offer through the customer order, which the provider can then accept. The ordering process for the conclusion of the contract includes the following steps in the store system:

Orders can be placed via remote means of communication (telephone/email), whereby the ordering process to conclude the contract includes the following steps:

O Calling the order hotline / sending the order email / ordering via contact form of the website

O Confirmation e-mail that the order has been received. With the sending of an order confirmation or the invoice, the contract is concluded. The automatically generated and sent order confirmation does not represent a corresponding legally binding declaration. The contract is also concluded by sending the goods or providing the service.

Your requests for the preparation of an offer are non-binding for us. We will submit a non-binding offer in text form (e.g. by e-mail), which you can accept within 5 days.

The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.

 

§ 4 Duration of contract

The contract is concluded for an indefinite period.

 

§ 5 Formation of contract

The customer has no possibility to directly access the stored contract text himself. The customer can correct errors in the input during the ordering process. For this purpose he can proceed as follows: Errors in the ordering process can be corrected on the part of the customer by e-mail, telephone or via the contact form on the website.

§ 6 Retention of title, right of retention

1.) Until full payment, the delivered goods remain the property of the provider.

2.) You can exercise a right of retention only insofar as it concerns claims from the same contractual relationship.

3.) If the customer is an entrepreneur, the following additional regulations apply:

a) We retain title to the goods until all claims arising from the current business relationship have been settled in full. Prior to the transfer of ownership of the goods subject to retention of title, pledging or transfer of ownership by way of security is not permitted.

b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice that accrue to you from the resale, and we accept the assignment. You are further authorized to collect the claim. However, insofar as you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.

c) In the event of combination and mixing of the reserved goods, we shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.

d) We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released shall be incumbent upon us.

 

§ 7 Reservations

The provider reserves the right not to provide the promised service in case of unavailability.

 

§ 8 Prices, shipping costs, return costs

All prices are final prices and include the statutory sales tax. In addition to the final prices, depending on the shipping method, additional costs will be incurred, which will be indicated in the order confirmation. If a right of revocation exists and is used, the customer bears the costs of the return.

 

§ 9 Terms of payment

The customer has only the following options for payment: advance bank transfer, invoice upon delivery, payment service provider (PayPal), cash payment upon collection. Other payment methods are not offered and will be rejected.

The invoice amount is to be transferred in advance to the account indicated on the invoice after receipt of the invoice, which contains all details for the transfer and is sent by e-mail. If a trustee service/payment service provider is used, the trustee service/payment service provider enables the provider and customer to process the payment between themselves. In doing so, the escrow service/payment service provider forwards the customer’s payment to the provider. For more information, please visit the website of the respective escrow service/payment service provider. The invoice amount can also be paid in cash, deducting the shipping costs charged, at the Provider’s business premises during normal office hours. The customer is obliged within 10 days after receipt of the invoice to pay or transfer the stated amount to the account indicated on the invoice. The payment is due from the date of the invoice without any deduction. After expiration of the payment period, which is thus determined by calendar, the customer is in default even without a reminder. A right of retention of the customer, which is not based on the same contractual relationship, is excluded. The set-off with claims of the customer is excluded, unless these are undisputed or legally determined.

 

§ 10 Terms of delivery

The goods will be shipped immediately after confirmed receipt of payment. The shipment will take place on average after 5 days at the latest. The entrepreneur undertakes to deliver on the 14th day after receipt of order. The standard delivery time is 5 days, unless otherwise stated in the item description. The supplier will ship the order either from his own warehouse as soon as the entire order is in stock there or the order will be shipped by the manufacturer as soon as the entire order is in stock there. The customer will be informed about delays immediately. If the supplier is not responsible for a permanent obstacle to delivery, in particular force majeure or non-delivery by his own supplier, although a corresponding covering transaction was made in time, the supplier has the right to withdraw from a contract with the customer in this respect. The customer will be informed immediately and received services, especially payments, will be refunded.

 

§ 11 Warranty

1.) The legal rights of liability for defects exist.

2.) As a consumer, the customer is requested to check the item immediately upon delivery for completeness, obvious defects and transport damage and to notify us, the third-party supplier and the carrier of any complaints as soon as possible. If you do not comply with this, this has no effect on your statutory warranty claims.

3.) If the customer is an entrepreneur, the warranty period for new goods is limited to one year. The supplier is granted the right to choose between repair or new delivery if the goods are new and the customer is an entrepreneur. This does not apply to claims for damages of the customer due to injury to life, body, health or essential contractual obligations, which must necessarily be fulfilled in order to achieve the objective of the contract. Likewise, this does not apply to claims for damages after grossly negligent or intentional breach of duty by the provider or his legal representative or agent. In all other respects the legal regulations apply.

 

§ 12 Revocation / revocation instruction

You have the right to cancel this contract within fourteen days without giving any reason.

The withdrawal period is 30 days, unless a longer withdrawal period has been granted, from the day,

– In the case of a contract of sale: on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods.

– In the case of a contract for the supply of several goods ordered by the consumer as part of a single order and delivered separately: on the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods.

– In the event of a contract for the delivery of goods in several partial consignments or pieces: on the day on which you or a third party named by you, who is not the carrier, have taken possession of the last partial consignment or the last piece.

– In the case of a contract for the regular delivery of goods over a fixed period of time: on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the first goods.

In the event of a coincidence of several alternatives, the last point in time shall be decisive in each case.

To exercise your right of withdrawal, you must send us

5D hyperwave®, Owner: Annett Möbius, Am Forstblock 1, D-06901 Kemberg, Germany

Tel.: +49 176 96020441 / E-Mail: contact@5dhyperwave.com

by means of a clear declaration (e.g. a letter sent by mail, fax, or e-mail) about your decision to revoke this contract. Consumers can use the attached model withdrawal form, which is not mandatory.

In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the revocation

If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return the goods immediately and in any case no later than fourteen days from the day on which you notify us of the revocation of this contract by means of a clear statement (e.g. a letter or e-mail sent by post) to

5D hyperwave®, Annett Möbius, Am Forstblock 1, D-06901 Kemberg OT Radis Tel.: +49 176 96020441; E-Mail: contact@5dhyperwave.com

to send back or to hand over. The deadline is met if you send the goods before the deadline of fourteen days. You shall bear the direct costs of returning the goods. The costs are estimated at a maximum of about 100.00 €.

You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the condition, properties and functioning of the goods.

If you exercise your right of withdrawal, the following also applies to goods from 5D hyperwave®:

Graphics / murals for room harmonization.

Please avoid damage (e.g. scratches, creases) and contamination of the goods. The purchase price for laminated graphics, murals or installation pictures will only be refunded 100% if the return delivery is made in perfect, undamaged condition.

We reserve the right to charge a usage fee for damaged goods after inspecting the return. However, this is limited to a maximum of 25% of the new price.

WLAN & Mobile Phone Chip / Safe Space Card

Please detach already glued chips (cell phone + WLAN chip), even if they are destroyed by this, and send them back to us on an informal sheet of paper or similar. Traces of wear on the Safe Space Card are unavoidable due to use.

A full refund will be given for the items listed here only if they are returned to us, with or without signs of use.

1.) If possible, please do not return the goods to us freight collect. This can lead to problems with the acceptance.

2.) Please enclose a copy of your invoice with the return shipment and provide us with your bank details (IBAN, BIC).

Please note that the aforementioned points 1-4 are not a prerequisite for the effective exercise of the right of withdrawal.

Financed transactions

If you finance this contract by means of a loan and later revoke it, you shall also no longer be bound by the loan agreement, provided that both contracts form an economic unit. This is to be assumed in particular if we are your lender at the same time or if your lender makes use of our cooperation with regard to the financing. If the loan has already accrued to us when the revocation takes effect or when the goods are returned, your lender shall be subrogated to our rights and obligations under the financed contract in relation to you with regard to the legal consequences of the revocation or return. The latter shall not apply if the subject matter of the present contract is the acquisition of financial instruments (e.g. securities, foreign exchange or derivatives). If you wish to avoid a contractual obligation as far as possible, exercise your right of revocation and also revoke the loan agreement if you are also entitled to a right of revocation for this.

End of the revocation instruction

§ 13 Exclusion of liability

Claims for damages on the part of the customer are excluded, unless otherwise stated in the following. This also applies to the representative and vicarious agents of the provider, if the customer claims against them for damages. Excluded are claims for damages by the customer for injury to life, limb, health or essential contractual obligations, which must necessarily be fulfilled in order to achieve the objective of the contract. Likewise, this does not apply to claims for damages after grossly negligent or intentional breach of duty by the provider or his legal representative or agent.

 

§ 14 Prohibition of assignment and pledge

Claims or rights of the customer against the provider may not be assigned or pledged without the provider’s consent, unless the customer has demonstrated a legitimate interest in the assignment or pledge.

 

§ 15 Language, place of jurisdiction and applicable law

The contractual language is German. The further performance of the contractual relationship shall be in German. The law of the Federal Republic of Germany shall apply exclusively. For consumers, this shall only apply insofar as this does not restrict any legal provisions of the state in which the customer is domiciled or habitually resident. The place of jurisdiction for disputes with customers who are not consumers, legal entities under public law or special funds under public law is the registered office of the provider.

The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.

 

§ 16 Data protection

In connection with the initiation, conclusion, execution and reversal of a purchase contract on the basis of these GTC, data is collected, stored and processed by the provider. This is done within the framework of the statutory provisions. The provider does not disclose any personal data of the customer to third parties, unless he would be required to do so by law or the customer has previously given his express consent.

If a third party is used for services in connection with the handling of processing operations, the provisions of the Federal Data Protection Act shall be complied with.

The data provided by the customer in the course of placing an order will be processed exclusively for the purpose of contacting the customer within the scope of contract processing and only for the purpose for which the customer has provided the data.

The data will be disclosed only to the extent necessary to the shipping company, which takes over the delivery of the goods according to the order.

The payment data will be passed on to the credit institution entrusted with the payment. Insofar as the provider is subject to retention periods under commercial or tax law, the storage of some data may last up to ten years.

During the visit to the Internet store of the provider, anonymous data that do not allow any conclusions to be drawn about personal data and do not intend to do so, in particular IP address, date, time, browser type, operating system and pages visited, are logged. At the request of the customer, personal data will be deleted, corrected or blocked within the framework of the legal provisions. Free information about all personal data of the customer is possible. For questions and requests for deletion, correction or blocking of personal data as well as collection, processing and use, the customer can contact the following address: 5D hyperwave®, Annett Möbius, Am Forstblock 1,D-06901 Kemberg Tel: +49 176 96020441 E-Mail: contact@5dhyperwave.com

§ 17 Alternative Dispute Resolution

The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at https://ec.europa.eu/odr.

We are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.

 

§ 18 Severability clause

The invalidity of any provision of these Terms and Conditions shall not affect the validity of the other provisions.

These General Terms and Conditions shall apply from 01.09.2020 for an indefinite period.