Last modified on 2025-07-01
1.1 These General Terms and Conditions (GTC) apply to all contracts, services, and deliveries between HeimaWa Kft., Kossuth utca 46, 8825 Miháld, Hungary (hereinafter referred to as "HeimaWa"), and its customers.
1.2 Deviating or supplementary terms and conditions of the customer do not become part of the contract unless HeimaWa expressly agrees to their validity in writing.
1.3 Special provisions apply to individual business divisions (ExiTTer, Nexus Studios, Zahlenlenker), which are listed following these general regulations.
2.1 Offers from HeimaWa are non-binding and subject to change, unless they are expressly designated as binding.
2.2 A contract is only concluded upon written confirmation from HeimaWa, the signing of a contract, or the performance of the service.
2.3 Amendments, supplements, and subsidiary agreements must be in writing.
3.1 HeimaWa provides its services with due care and in accordance with the professional standards applicable at the time of the contract's conclusion.
3.2 The scope of services, deadlines, and conditions are determined by the respective contract or offer.
3.3 HeimaWa is entitled to use third parties (subcontractors, cooperation partners) to fulfill contractual obligations, provided this does not unreasonably affect the customer's interests.
4.1 All prices are net prices plus the applicable statutory value-added tax, unless otherwise agreed.
4.2 Payment terms (e.g., down payment, payment deadlines, cancellation) are based on the individual provisions of the respective business divisions.
4.3 If the customer defaults on a payment, HeimaWa is entitled to charge default interest at a rate of 8% above the respective base interest rate, as well as reminder fees.
5.1 The customer undertakes to provide all information and documents necessary for the performance of the contract in a timely, complete, and correct manner.
5.2 The customer must comply with cooperation duties, in particular, adhere to deadlines, grant access to properties, data, or systems, and make payments on time.
5.3 If the customer fails to meet their cooperation duties, HeimaWa may separately charge for any resulting delays or additional expenses.
6.1 HeimaWa is liable for intent and gross negligence in accordance with statutory provisions.
6.2 In cases of simple negligence, HeimaWa is only liable for damages resulting from injury to life, body, or health, or for damages resulting from the breach of essential contractual obligations (cardinal duties).
6.3 In these cases, liability is limited to the typically foreseeable damage.
6.4 Further liability claims, especially for lost profits, are excluded, unless mandatory statutory provisions state otherwise.
7.1 Events of force majeure (e.g., natural disasters, epidemics, strikes, governmental measures, failures of communication networks, energy supply, or transport routes) that significantly impede or render contract performance impossible release HeimaWa from its service obligations for the duration and scope of their effects.
7.2 HeimaWa will promptly inform the customer of the occurrence and expected duration of such circumstances.
8.1 HeimaWa processes the customer's personal data exclusively within the framework of the applicable data protection laws.
8.2 Further details on the processing of personal data can be found in the current privacy policy, which is an integral part of these GTC.
9.1 Hungarian law shall exclusively apply, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
9.2 The place of jurisdiction for all disputes is, as far as legally permissible, Nagykanizsa, Hungary.
9.3 Should any provision of these GTC be or become wholly or partially invalid, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a provision that comes closest to the economic intent of the original.
1.1 ExiTTer, a business division of HeimaWa Kft., provides transport and removal services according to the conditions agreed upon in the contract.
1.2 The basis for the services are the agreed-upon removal and transport details, in particular the loading volume, transport route, loading and unloading addresses, and any desired additional services.
2.1 A down payment of 50% of the order total is due upon acceptance of the offer.
2.2 The remaining balance must be paid in full before unloading at the destination.
2.3 Unless otherwise agreed, payments can be made via bank transfer to the responsible driver.
3.1 The customer can cancel the contract in writing at any time.
3.2 In the event of a cancellation, the following rules apply:
3.3 The receipt of the cancellation notice by ExiTTer is decisive for the calculation of the deadline.
4.1 The customer ensures that the removal goods are packed securely for transport, unless a packing service by ExiTTer has been agreed upon.
4.2 The customer is responsible for the timely organization of no-parking zones, access permits, or official requirements, unless these are explicitly included in the order.
4.3 The customer is obliged to inform ExiTTer in writing in advance about special removal goods (e.g., valuables, fragile or difficult-to-transport items, hazardous materials).
4.4 If the service cannot be performed as agreed for reasons for which the customer is responsible (e.g., inadequately packed goods, lack of access), the customer shall bear the resulting additional costs.
5.1 Waiting times caused by the customer or by circumstances beyond ExiTTer's control (e.g., delayed access, missing keys, official inspections) can be charged separately based on the time spent.
5.2 Additional services not included in the original contract will be invoiced separately.
6.1 The statutory liability according to Hungarian transport law and the provisions of the CMR Convention, where applicable, shall apply.
6.2 ExiTTer's carrier's liability insurance covers damage to the transported goods up to a maximum liability sum of EUR 30,000 per claim.
6.3 Excluded from liability are:
6.4 ExiTTer assumes no liability for damages caused by force majeure, unforeseeable events, or inadequate packaging by the customer.
6.5 The customer is advised that additional transport/removal goods insurance may be useful.
7.1 The customer is obliged to inspect the removal goods immediately upon unloading.
7.2 Obvious damages or shortages must be reported to the team leader in writing immediately and noted in the protocol.
7.3 Subsequent complaints can only be considered if they are reported in writing within 7 calendar days after unloading.