General Terms and Conditions
Consumers (cf. section 1.1) have a fourteen-day right of withdrawal when entering into a distance contract. A distance contract is defined as one concluded exclusively through remote communication methods—particularly by letter, telephone, email, fax—or via the internet.
In accordance with Section 312g (2) No. 8 of the German Civil Code (BGB), the right of withdrawal does not apply if a distance contract concerns the delivery of goods whose price depends on fluctuations in the financial market over which the seller (in this case, Hevit GmbH) has no control and which may occur within the withdrawal period. This includes precious metals, precious metal-containing products, as well as diamonds and gemstones.
1. General Provisions and Scope
1.1 These General Terms and Conditions (hereinafter “GTC”) apply to all business relationships of Hevit GmbH, Kantstraße 154, 10623 Berlin, (hereinafter “Hevit GmbH”) with its customers (customer and Hevit GmbH hereinafter each referred to individually as a “Party” and collectively as the “Parties”), regardless of whether the customer is a consumer, entrepreneur, legal entity under public law, or a special fund under public law. A “consumer” is any natural person entering into a contract for purposes that are predominantly outside their trade, business, or profession (§ 13 BGB); an “entrepreneur” is a natural or legal person or a partnership with legal capacity acting in their trade or professional capacity when concluding the contract (§ 14 para. 1 BGB).
1.2 These GTC particularly apply to contracts for the sale and/or delivery of movable goods (“Goods”), regardless of whether Hevit GmbH manufactures the Goods itself or procures them from suppliers (§§ 433, 650 BGB).
1.3 The GTC in effect at the time of the customer's order apply. For entrepreneurs, legal entities under public law, or special funds under public law, the version of the GTC most recently provided to the customer in text form also serves as a framework agreement for similar future contracts without requiring Hevit GmbH to refer to the GTC’s applicability in each individual case.
1.4 These GTC apply exclusively. Divergent, conflicting, or supplementary general terms and conditions of the customer only become part of the contract if and to the extent that Hevit GmbH has expressly agreed to their applicability, at a minimum in text form (e.g., email). This requirement applies in all cases, such as if Hevit GmbH, aware of the customer’s general terms and conditions, carries out delivery to the customer unconditionally.
1.5 Individual agreements made with the customer in specific cases (including side agreements, supplements, and amendments) take precedence over these GTC. The content of such agreements shall be subject to a written contract or confirmation from Hevit GmbH, provided there is no evidence to the contrary.
1.6 Legally significant declarations and notices by the customer regarding the contract (e.g., setting deadlines, reporting defects, withdrawal, or reduction) must be submitted at least in text form (e.g., email). Statutory formal requirements and additional verification, especially in cases where there is doubt about the authority of the declaring party, remain unaffected.
1.7 References to the applicability of legal provisions are for clarification only. Therefore, even without such clarification, the statutory provisions apply unless they are directly modified or expressly excluded in these GTC.
1.8 Alcoholic beverages are sold exclusively to customers who are 16 years of age or older.
2. Conclusion of Contract
2.1 Offers from Hevit GmbH are – unless otherwise stated – always non-binding and subject to change. This also applies if Hevit GmbH has provided the customer with catalogs, calculations, quotes, or other product descriptions or documents, including in electronic form.
2.2 The customer's order of goods is considered a binding offer from the customer to conclude a contract. Customers may place orders by phone or through Hevit GmbH online shop at https://www.jvp-shop.com (hereinafter the “Online Shop”).
2.3 For orders placed by phone, Hevit GmbH records the customer's order manually in its system as if the customer had placed the order online themselves.
2.4 For orders placed through the Online Shop, the following applies:
2.4.1 The display of goods in the Online Shop does not constitute a legally binding offer. It is merely an invitation to the customer to submit a binding offer to purchase the goods.
2.4.2 The customer can select goods from Hevit GmbH range for purchase in the Online Shop by clicking the relevant button to add products to their virtual shopping cart. In the shopping cart, the customer can adjust quantities and remove items.
2.4.3 The customer can proceed to checkout by accessing the shopping cart and initiating the checkout process via the “Proceed to Checkout” button. During the checkout process, the customer provides and can adjust delivery and payment information.
2.4.4 The customer submits a binding offer to purchase the goods in their shopping cart by clicking the “Complete Purchase” button in the final step of the ordering process (the “Order”). By placing the order, the customer agrees to these GTC.
2.4.5 Before submitting an order, the customer can review and correct any input or entry errors (e.g., regarding payment method, delivery address, or desired quantity). The customer may cancel the order process entirely by closing their browser window.
2.4.6 Before submitting the order, the customer can view these GTC and Hevit GmbH revocation policy by clicking the relevant links located above the “Complete Purchase” button. The customer has the option to save or print these GTC and the revocation policy using their browser’s save or print function.
2.4.7 Immediately after submitting the order, the customer will receive an email confirming that Hevit GmbH has received their order. This confirmation does not constitute acceptance of the order.
2.5 A contract between the customer and Hevit GmbH is only concluded, for both phone orders and Online Shop orders, once Hevit GmbH explicitly accepts the customer’s order through an order confirmation or shipping confirmation in text form or by dispatching the goods to the customer.
2.6 Unless otherwise indicated in the order, Hevit GmbH is entitled to accept the customer's order within five (5) business days from receipt of the order. “Business days” within the meaning of these GTC are all days from Monday to Friday, excluding public holidays at Hevit GmbH place of business.
2.7 The contract language is exclusively english. The contract text is not stored by Hevit GmbH after the conclusion of the contract.
2.8 Communication with the customer in the course of concluding the contract will generally occur via email. Therefore, the customer must ensure that the email address provided during the order process or otherwise to Hevit GmbH is accurate and capable of receiving emails from Hevit GmbH. It is the customer's responsibility to configure any spam filters accordingly to receive emails from Hevit GmbH.
3. Collective Orders
3.1 During live sales, the customer can place a collective order in the online shop throughout the duration of the live stream. This means that the customer can continuously place orders during the live stream (see Section 2.4.4), which are then combined into one order at the end of the live stream or when the customer leaves the live stream. This offers the customer the advantage of consolidated shipping costs for all items in the collective order, resulting in potential savings on shipping costs.
3.2 Each order within a collective order is a binding order.
4. Right of Withdrawal
Consumers (see Section 1.1) have a fourteen-day right of withdrawal when entering into a distance contract. A distance contract is defined as a contract concluded exclusively through distance communication means—particularly by letter, telephone, email, fax, or over the internet.
In accordance with Section 312g(2) No. 8 of the German Civil Code (BGB), the right of withdrawal does not apply if the distance contract concerns the delivery of goods whose price depends on fluctuations in the financial market over which the seller (Hevit GmbH) has no control and which may occur within the withdrawal period. This applies, in particular, to precious metals, precious metal products, diamonds, and gemstones.
The following right of withdrawal therefore applies only to items that do not contain precious metals.
Withdrawal Policy
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day you or a third party designated by you, who is not the carrier, takes possession of the goods.
To exercise your right of withdrawal, you must inform us (Hevit GmbH, Customer Service Department, Schönbühlstr. 9, 78052 Villingen-Schwenningen, Phone: 07930-2699, Email: info@jvp-coins.com) of your decision to withdraw from the contract through a clear declaration (e.g., a letter sent by mail or an email). You may use this WITHDRAWAL FORM, though it is not mandatory.
To meet the withdrawal deadline, it is sufficient to send your notice of withdrawal before the withdrawal period expires.
Consequences of Withdrawal
If you withdraw from this contract, we are obligated to refund all payments we received from you, including delivery costs (excluding additional costs if you chose a different delivery type from the least expensive standard delivery option offered by us), promptly and at the latest within fourteen days from the date on which we receive your notice of withdrawal. We will use the same payment method that you used for the original transaction, unless otherwise expressly agreed with you; in no case will you be charged fees for this refund. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us without delay and, in any case, no later than fourteen days from the day on which you notified us of the withdrawal from this contract. The deadline is met if you send the goods before the fourteen-day period expires.
You bear the direct costs of returning the goods.
You are only liable for any diminished value of the goods if this loss of value is due to handling that was not necessary for checking the nature, characteristics, and functioning of the goods.
5. Registration
5.1 The customer can place orders in the online shop only after completing a one-time registration.
5.2 Registration occurs during the customer’s first order as part of the ordering process before submitting a binding order by selecting the "Create Account" button. The following information is required for registration: gender, first name, last name, email address, password chosen by the customer, date of birth, address, and, if applicable, company name. After entering these details, the customer can complete the registration by clicking the “Register” button. The customer will then receive a welcome email from Hevit GmbH system confirming the registration.
5.3 The information provided by the customer during registration must be complete and accurate. The customer must promptly inform Hevit GmbH of any changes to their information.
5.4 The password specified by the customer during registration must be kept confidential and must not be disclosed to third parties. The customer is liable for any damages arising from unauthorized use by third parties unless the customer is not at fault. If the customer becomes aware of the loss of their password and/or any unauthorized use of their account, they are obligated to notify Hevit GmbH immediately.
6. Prices and Shipping Costs
6.1 The prices applicable are those indicated in the online shop at the time of the customer’s order or communicated directly to the customer. Prices are inclusive of the applicable VAT. If certain items, such as specific gold coins or gold bars, are exempt from VAT, this will be indicated during the ordering process.
6.2 Prices do not include shipping unless otherwise specified in Hevit GmbH offer (see Section 2.1). The customer may also request shipping at their own expense when placing an order. Hevit GmbH displays the shipping cost to the customer’s specified delivery address in the online shop or communicates it upon request. Any customs duties, fees, taxes, or other public charges are borne by the customer. For insurance reasons, Hevit GmbH reserves the right to split larger orders into multiple packages. The additional costs resulting from this split will be covered by Hevit GmbH unless otherwise explicitly agreed with the customer.
6.3 The online shop is not connected to an automated trading system. However, the prices displayed in the online shop are updated by Hevit GmbH, possibly several times daily, depending on the market value of precious metals. Any price changes to items placed by the customer in their virtual shopping cart will be displayed to the customer before the order is submitted. The applicable purchase price is the one shown to the customer immediately before placing the order (see Section 2.4.4) in the shopping cart and in the order confirmation (see Section 2.4.7).
7. Use of Promotional Vouchers and Discount Codes
7.1 Hevit GmbH reserves the right to issue promotional vouchers and discount codes as part of marketing campaigns. These cannot be purchased, are valid for a specific period, and may have a minimum order value (promotional vouchers and discount codes hereafter collectively referred to as “Discount”).
7.2 The customer may apply a Discount code before placing an order (see Section 2.4.4). The Discount will be applied once to the price according to Section 6.1. Applying a Discount after the order has been placed (see Section 2.4.4) is not permitted.
7.3 Unless otherwise specified, a Discount is only applicable for orders with a minimum order value of EUR 50.00.
7.4 A Discount is granted only within the duration of a promotional campaign, unless otherwise agreed or explicitly stated by Hevit GmbH.
7.5 Combining multiple Discounts (hereafter “Combination”) is not allowed. During any promotional campaign or action, the customer is entitled to only one Discount (hereafter “Single Application”). If the customer bypasses the prohibition on Combinations or Single Applications (e.g., by repeatedly applying a Discount code to prices of orders from multiple customer accounts registered to the same customer) (hereafter “Unauthorized Application”), Hevit GmbH reserves the right to charge the original price according to Section 6.3.
7.6 Hevit GmbH reserves the right to pursue criminal action against Unauthorized Applications of Discounts in accordance with Section 7.5. This also includes attempted Unauthorized Applications.
7.7 Discounts are not eligible for cash payment.
8. Compliance with Anti-Money Laundering (AML) Regulations
8.1 Hevit GmbH fulfills its obligations arising from the provisions of the Anti-Money Laundering Act (GwG).
8.2 Hevit GmbH reserves the right, in individual cases, to conduct identity verification and record the customer’s identity. In cases of suspected money laundering, Hevit GmbH will submit a suspicious activity report to the Financial Intelligence Unit and the relevant law enforcement authority without prior notification to or coordination with the customer.
9. Payment Terms
9.1 Payment of the purchase price is due immediately upon conclusion of the contract.
9.2 Payment is generally required in advance. For orders with a purchase price of up to EUR 2,000.00 and delivery within Germany, the customer may alternatively choose to pay on delivery (UPS cash on delivery). In such cases, payment is to be made directly to the delivery service upon receipt of the goods. Please note that customers choosing UPS cash on delivery must have the exact cash amount ready at delivery. If a package cannot be delivered because the customer does not have the correct payment amount, any return and/or re-delivery costs will be the responsibility of the customer.
9.3 The following payment methods are available to the customer:
9.3.1 Payment by Bank Transfer.
9.3.2 Payment via PayPal: The customer may pay the invoice amount using the PayPal service provided by PayPal (Europe) S.à r.l. & Cie, S.C.A. If the customer selects PayPal as the payment method, they will be redirected to the PayPal payment page at the end of the ordering process. Here, the customer provides their account details and confirms the payment to Hevit GmbH, which will be processed immediately. Refunds from returns will be credited to the customer’s PayPal account. PayPal transactions are processed by:
PayPal (Europe) S.à r.l. & Cie, S.C.A.
22-24 Boulevard Royal
L-2449 Luxembourg
The terms and conditions of PayPal (Europe) S.à r.l. & Cie, S.C.A. apply.
9.4 The customer will automatically be in default if payment is not made within three (3) business days following invoice issuance, without the need for a reminder. The due amount shall accrue interest at the applicable statutory default interest rate. Hevit GmbH reserves the right to claim additional damages for delay as well as to exercise any rights of withdrawal. For merchants, the claim for commercial maturity interest (§ 353 HGB) remains unaffected.
9.5 The customer may only offset or withhold payments if their claim is legally established or undisputed. This does not apply to the customer’s right to withhold payment on claims arising from the same contractual relationship. In the event of defects, the customer’s counter-rights, particularly as described in Section 14 of these Terms and Conditions, remain unaffected.
9.6 Should it become apparent after the conclusion of the contract (e.g., due to an application for insolvency proceedings) that Hevit GmbH entitlement to payment is at risk due to the customer’s lack of financial capacity, Hevit GmbH is entitled under statutory provisions to withhold performance and—where applicable, after setting a deadline—withdraw from the contract (§ 321 BGB). For contracts involving the manufacture of non-standard goods (custom products), Hevit GmbH may withdraw immediately; statutory provisions regarding the waiver of a deadline remain unaffected.
10. Delivery Times
10.1 Delivery will take place within the delivery times specified in the online shop.
10.2 All delivery times specified in the online shop or otherwise agreed upon for the shipment of goods commence on the day the full purchase price is received in the account of Hevit GmbH. For payments by cash on delivery, the delivery time begins on the day Hevit GmbH sends the customer an order confirmation. Compliance with the delivery time is determined by the date Hevit GmbH hands over the goods to the shipping company.
10.3 The stated delivery times are approximate and may be exceeded by up to two business days. This does not apply if a fixed shipping date has been agreed upon. If no specific period or date for delivery is stated or agreed upon, delivery within five (5) business days from the order confirmation is considered agreed upon.
10.4 If Hevit GmbH is unable to meet binding delivery dates or times due to circumstances beyond its control (e.g., non-availability of goods), Hevit GmbH will inform the customer immediately and simultaneously provide the anticipated new delivery time or date. If Hevit GmbH is still unable to deliver within this new delivery period, Hevit GmbH is entitled to partially or fully withdraw from the contract; any payments already made by the customer will be promptly refunded. Non-availability of goods includes cases such as (i) delayed self-supply to Hevit GmbH by its suppliers, provided Hevit GmbH has entered into a covering transaction, or (ii) where neither Hevit GmbH nor its suppliers are at fault.
10.5 Hevit GmbH is not liable for inability to deliver or delivery delays, provided Hevit GmbH is not responsible for these, particularly when caused by force majeure. "Force majeure" refers to any unforeseeable event beyond the control of Hevit GmbH that wholly or partially prevents Hevit GmbH from fulfilling its obligations, including fire damage, epidemics and pandemics, theft, changes in law and government orders, flooding, strikes, lawful lockouts, and disruptions not caused by us. The events described in this clause extend the delivery period by a reasonable duration.
11. Delivery, Transfer of Risk
11.1 The goods will be shipped to the delivery address specified by the customer. Hevit GmbH ships to addresses within member states of the European Union and Switzerland.
11.2 Unless expressly agreed otherwise, Hevit GmbH reserves the right to determine the shipping method (particularly the carrier, shipping route, and packaging) at its own reasonable discretion.
11.3 Hevit GmbH is only obligated to deliver the goods to the carrier on time and in a proper manner and is not liable for any delays caused by the carrier.
11.4 For both telephone orders and online shop orders, the customer must provide a complete and accurate billing address prior to placing an order. This billing address may not be the address of a parcel shop. Hevit GmbH explicitly reserves the right to refuse the shipment/delivery of goods if the customer provides the address of a parcel shop as the billing address. Any additional costs incurred as a result shall be borne by the customer.
11.5 Hevit GmbH is entitled to make partial deliveries if they are reasonable for the customer. Additional shipping costs arising from partial deliveries will be covered by Hevit GmbH. The customer’s rights with respect to timely and proper delivery remain unaffected.
11.6 If the customer is a consumer, the risk of accidental loss, accidental damage, or accidental destruction of the delivered goods passes to the customer at the time of delivery to the customer or when the customer is in default of acceptance. In all other cases, if Hevit GmbH is only responsible for dispatch, the risk passes to the customer upon delivery of the goods to the carrier.
11.7 The customer's rights according to Clauses 14 and 16 of these Terms and Conditions and Hevit GmbH statutory rights, particularly in cases where the obligation to perform is excluded (e.g., due to impossibility or unreasonableness of performance and/or supplementary performance), remain unaffected.
11.8 If the customer’s order includes alcoholic beverages, the customer must verify their age by presenting their ID card or another suitable identification document (e.g., passport) via the DHL identity check upon delivery. If delivery cannot be made because the customer is unable to provide sufficient identification, the customer is responsible for the cost of return shipping and/or any repeat delivery.
12. Liquidated Damages
12.1 If the customer refuses to accept the goods upon delivery, Hevit GmbH is entitled to demand a flat-rate compensation of 15% of the net purchase price of the unaccepted goods from the customer. The customer retains the right to demonstrate that Hevit GmbH has incurred no or only minimal expenses. Hevit GmbH reserves the right to claim damages exceeding the flat-rate compensation from the customer.
12.2 If the customer has made an advance payment of the purchase price, Hevit GmbH is entitled to deduct the liquidated damages according to Clause 12.1 and any additional damages from the advance payment received. Hevit GmbH will refund the remaining balance to the customer.
13. Retention of Title
13.1 Hevit GmbH retains ownership of the delivered goods until full payment of the purchase price (including VAT and shipping costs) for the respective goods is made.
13.2 The customer is not entitled to dispose of the ownership of goods delivered by Hevit GmbH that remain under retention of title (“Reserved Goods”) without prior written consent from Hevit GmbH. However, the customer may transfer their legal position regarding the Reserved Goods (so-called expectancy rights), provided the customer informs the third party of Hevit GmbH ownership rights.
13.3 The customer must handle the Reserved Goods with due care.
13.4 In the event of third-party claims on the Reserved Goods, particularly through bailiffs, the customer shall notify the third party of Hevit GmbH ownership and promptly inform Hevit GmbH to enable the enforcement of its ownership rights.
13.5 In cases of contract breaches by the customer, particularly in the event of non-payment of the purchase price, Hevit GmbH is entitled, under statutory regulations, to withdraw from the contract and reclaim the Reserved Goods. A request for the return of goods does not necessarily imply contract withdrawal; Hevit GmbH may merely demand the return of the goods and reserve the right to withdraw. If the customer fails to pay the due purchase price, Hevit GmbH may only exercise these rights after setting an appropriate payment deadline that remains unmet, or if such a deadline is dispensable under statutory provisions. The customer is responsible for the costs of returning the goods.
14. Warranty
14.1 Hevit GmbH warrants the agreed-upon quality of the goods. Unless explicitly agreed otherwise, Hevit GmbH does not warrant that the goods are suitable for the customer’s intended use.
14.2 The customer’s rights in cases of material and legal defects are governed by statutory provisions, unless otherwise specified below. In all cases, the statutory special provisions in cases where unprocessed goods are ultimately delivered to a consumer remain unaffected, even if the consumer further processes them (supplier recourse per § 478 BGB). Claims for supplier recourse are excluded if the defective goods have been further processed by the customer or another business entity, for instance by integrating them into another product.
14.3 If the delivered item is defective, Hevit GmbH may choose to either remedy the defect (rectification) or deliver a defect-free item (replacement). If the customer is a consumer (cf. Section 1.1), they may select the type of supplementary performance (replacement or rectification). In any case, Hevit GmbH retains the right to refuse supplementary performance under the statutory conditions.
14.4 Hevit GmbH is entitled to make the owed supplementary performance conditional upon the customer’s payment of the due purchase price. However, the customer may withhold a portion of the purchase price that is reasonable relative to the defect.
14.5 The customer must allow Hevit GmbH the necessary time and opportunity to provide the required supplementary performance. Specifically, the customer must, within a reasonable time after reporting the defect, return the goods in question to Hevit GmbH for examination purposes. In cases of replacement, the customer must return the defective item to Hevit GmbH per statutory regulations. Supplementary performance does not include disassembly of the defective item or reassembly if Hevit GmbH was not originally obligated to perform the assembly; Section 14.6 remains unaffected.
14.6 Hevit GmbH will reimburse the expenses necessary for examination and supplementary performance, including transport, travel, labor, and material costs, as well as any expenses related to the removal of the defective item and the installation or attachment of the rectified or delivered defect-free item, as provided by statutory regulations, if an actual defect is present. Otherwise, Hevit GmbH may require the customer to reimburse the costs incurred due to an unjustified request for defect rectification (especially examination and transport costs), unless the customer could not reasonably detect the lack of defect.
14.7 Customer claims for damages or reimbursement of futile expenditures also exist only in accordance with Section 16 and are otherwise excluded.
14.8 Hevit GmbH primarily sources all offered precious metals and accessories from national and international producers and trading houses. To the extent possible, Hevit GmbH verifies the authenticity of all products offered; however, it cannot guarantee authenticity due to competitive regulations. If Hevit GmbH receives certificates of authenticity from customers or manufacturers when acquiring goods, these will be passed on to the customer.
15. Incoming Goods Inspection
If the customer is a business owner (cf. Section 1.1), the following applies:
15.1 The customer’s claims for defects in the goods under Section 14 are subject to the condition that the customer has fulfilled their statutory duties of inspection and notification (§§ 377, 381 HGB). For goods intended for installation or further processing, an inspection must take place immediately before installation or further processing.
15.2 If a defect becomes apparent during delivery, inspection, or at any later time, the customer must notify Hevit GmbH of the defect without delay, at least in text form. Obvious defects must be reported within three (3) business days of delivery, at a minimum in text form; defects that were not recognizable during inspection must be reported within the same period from their discovery, at least in text form.
15.3 Hevit GmbH liability is excluded according to the statutory provisions for defects that were not reported or not reported in a timely or proper manner if the customer fails to carry out the timely and proper inspection and/or defect notification.
16. Liability
16.1 Hevit GmbH is liable for violations of contractual and non-contractual duties according to the statutory provisions, unless otherwise specified in these General Terms and Conditions, including the following provisions.
16.2 Hevit GmbH is liable for damages – regardless of the legal basis – under the rules of fault-based liability for intent and gross negligence.
16.3 Subject to statutory limitations of liability (e.g., care in one’s own matters; insignificant breach of duty), Hevit GmbH is liable in cases of simple negligence only:
a) for damages resulting from the injury to life, body, or health,
b) for damages resulting from the breach of a significant contractual obligation (i.e., an obligation the fulfillment of which makes the proper performance of the contract possible in the first place and on which the customer regularly relies and can rely); in this case, Hevit GmbH liability is limited to the compensation of the foreseeable, typically occurring damage.
16.4 The liability limitations in Sections 16.2 and 16.3 also apply to breaches of duty by or for the benefit of persons for whose fault Hevit GmbH is legally responsible. They do not apply where Hevit GmbH has fraudulently concealed a defect or has given a guarantee regarding the condition of the goods, nor to claims of the customer under the Product Liability Act.
17. Statute of Limitations
If the customer is a business, the following applies:
17.1 For claims by the buyer regarding material and legal defects of goods, the general statute of limitations is one year from delivery, deviating from § 438 (1) No. 3 of the German Civil Code (BGB). Statutory special regulations on the statute of limitations (in particular § 438 (1) Nos. 1 and 2, (3), §§ 444, 445b BGB) remain unaffected.
17.2 The limitation periods under this section 17 also apply to contractual and non-contractual claims for damages of the customer that are based on a defect of the goods, unless the application of the regular statutory limitation (§§ 195, 199 BGB) would lead to a shorter limitation period in the individual case.
17.3 Claims for damages by the customer under Section 16.2 and 16.3a), as well as claims under the Product Liability Act, are subject exclusively to the statutory limitation periods.
18. Data Protection
The provisions of Hevit GmbH privacy policy apply, which can be accessed at https://jvp-investment-coins.myshopify.com/pages/privacy-policy.
19. Choice of Law and Jurisdiction, Dispute Resolution
19.1 These terms and conditions and the contractual relationship between Hevit GmbH and the customer are governed exclusively by the law of the Federal Republic of Germany, subject to mandatory international private law provisions, excluding international uniform law, particularly the UN Sales Convention, and excluding international private law. If the customer is a consumer (see Section 1.1) and has their usual residence in another country, they retain the protection afforded by the relevant provisions of their country of residence, which cannot be waived by agreement.
19.2 If the customer is a business, a legal entity under public law, or a public-law special fund, the registered office of Hevit GmbH shall be the exclusive jurisdiction for all disputes arising directly or indirectly from the contractual relationship. However, Hevit GmbH is entitled to file a lawsuit at the general jurisdiction of the customer's location.
19.3 The European Commission provides a platform for online dispute resolution (ODR). This platform serves as a contact point for the out-of-court resolution of disputes regarding contractual obligations from online purchase contracts and online service contracts. The platform can be accessed at http://ec.europa.eu/consumers/odr/.
19.4 Hevit GmbH is not obliged to participate in a dispute resolution procedure before a consumer arbitration board and has decided not to voluntarily participate in such a procedure.
As of: November 2024
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