General Terms and Conditions

For wholesale and Internet distribution

1. Scope of Application

The General Terms and Conditions (GTC) of HOT Productions & Vertriebs GmbH (HOT) apply to all deliveries and services provided by HOT to any contracting party. These GTC also apply to future business transactions, even if no explicit reference is made at the time of a future contract (excluding consumer transactions).

Any changes to these GTC, as well as the applicable service descriptions and pricing terms, will be communicated to the contracting party by HOT via post, fax, or e-mail and shall come into effect upon publication.

2. Conclusion of Contract

  1. By placing an order with HOT, the customer confirms full legal capacity.
  2. The contract is deemed concluded when HOT sends a written order confirmation or delivers goods to the last known address, or when HOT begins providing the agreed service (e.g., shipment of goods or provision of user login and password). HOT reserves the right to decline the conclusion of a contract for technical, economic, legal, or operational reasons.
  3. Information in catalogues or brochures is only binding if expressly referred to in the order confirmation.
  4. The applicable price terms form an integral part of the contract. No oral side agreements exist.
  5. Amendments and additions must be made in writing, unless dealing with consumer transactions.
  6. HOT may request proof of identity, legal capacity, and signing authority at any time during the contract.
  7. The contracting party agrees that HOT may verify creditworthiness through authorized agencies and transmit necessary data (name, birth date, address).

3. Prices and Payment

  1. Unless otherwise agreed, prices stated in offers, the online shop, or order forms apply. They are based on costs at the time of the initial offer. HOT may adjust prices if costs rise before delivery. Statutory VAT is charged unless gross prices are shown.
  2. For consumer transactions, prices remain fixed between contract and delivery.
  3. Payments are due upon invoice receipt according to agreed terms, without deductions. Invoices may also be electronic.
  4. Invoices show the total amount and a breakdown of goods/services charges.
  5. Prices are ex works, excluding packaging and loading, unless otherwise agreed. Shipping, insurance, duties, and additional documents are charged separately.
  6. Meeting payment deadlines is essential. In case of default, HOT may charge costs, debt collection/legal fees, and default interest. Data may be transmitted to collection agencies or attorneys.
  7. In case of payment default, HOT may suspend services or terminate the contract after granting a two-week grace period.
  8. Offsetting obligations or withholding payments due to unacknowledged defects is excluded.
  9. Invoice objections must be made within two weeks in writing; otherwise the invoice is deemed accepted. HOT will review timely objections and may adjust accordingly. Disputes after review may be submitted to authorities.

4. Delivery

  1. Goods are delivered in neutral packaging plus shipping within the EU. Non-EU orders: customs and duties borne by the customer.
  2. Delivered goods remain HOT’s property until fully paid.
  3. The delivery period begins at the latest of: order confirmation, fulfillment of obligations by the contracting party, or receipt of prepayment/security.
  4. Defects must be reported immediately (3 business days for obvious, immediately upon discovery for hidden). Remedy at HOT’s discretion (repair/replacement). No rescission/price reduction. Warranty expires if unauthorized repairs are made.
  5. Warranty claims require written notice with details (item no., quantity, photos, description).
  6. Exclusions: improper installation, misuse, overuse, unsuitable materials, third-party supplies, chemical damage, or normal wear and tear.
  7. No returns for used, worn, modified, custom-made, hygiene, or consumable goods.

5. Withdrawal / Termination

HOT may withdraw from the contract if, for example:

  • Performance becomes impossible or delayed due to the contracting party,
  • Doubts about solvency arise,
  • Insolvency proceedings are initiated or rejected,
  • The contracting party violates netiquette,
  • False information was provided at offer,
  • Credit checks reveal issues,
  • HOT’s services are misused for threats, obscenity, harassment, or harm.

In case of withdrawal, partial services already rendered must be paid for. If the contracting party withdraws without cause, damages of at least 20% of net contract value (min. €110) apply.

The contracting party may withdraw within 14 days without cause. HOT must be informed via letter, fax, or e-mail. Refunds, including delivery costs, will be made within 14 days, using the original payment method. Refunds may be withheld until goods are returned or proof provided.

6. Liability

HOT is liable only for intent or gross negligence, limited to €1,000 per case. No liability for slight negligence, consequential damages, lost profits, or server downtime. No liability for third-party actions, force majeure, or connected devices. For consumer transactions, liability exclusions differ and intent/gross negligence by HOT or its agents remains covered.

7. Data Protection and Security

HOT may store traffic data for billing and legal purposes. Contracting parties consent to HOT using data for its own marketing. Employees are bound by confidentiality. Stored master data includes name, birth date, company, address, industry, payments, and invoicing. Data is processed electronically and not disclosed without consent (except as required). HOT protects data but is not liable for unlawful third-party misuse. Access, rectification, deletion, or blocking may be requested anytime. Consent may be revoked.

8. Additional Provisions for Services

  • Passwords must be kept confidential; contracting parties are liable for misuse.
  • Prices exclude telecom costs (e.g., telephone charges) and local costs at contracting party’s site.
  • HOT operates services with care but does not guarantee uninterrupted access, connection, or permanent storage.
  • HOT is not responsible for transmitted or accessible data content. Contracting parties must comply with laws. HOT may block unlawful data transmissions.
  • Contracting parties must be of legal age and prevent minors from accessing HOT’s platforms.
  • Internet access is required; responsibility lies with the contracting party.
  • The contracting party agrees to receive advertising material, including via e-mail.

9. Additional Provisions for Resellers

  • Resellers must impose these GTC obligations on their own customers.
  • They are liable for damages from breaches of this obligation.

10. Miscellaneous Provisions

  • Jurisdiction for B2B disputes: competent court in A-4660 Wels, Austria. HOT may also sue at customer’s location.
  • All declarations must be in writing.
  • HOT may subcontract services at its own risk.
  • Contracting parties must notify HOT of changes (name, contact, address, legal form). Otherwise, declarations to the last known address are valid.
  • If individual provisions are invalid, others remain valid. Invalid provisions are replaced by valid ones closest in intent.
  • All legal relationships are subject exclusively to Austrian law. CISG and other international agreements do not apply. For B2C, consumer protection of residence country applies.

Voecklabruck, August 2025