GTCs and right of cancellation
Our General Terms and Conditions
Happy-Liquid online shop / www.happy-liquid.de
1.1 The following GTCs apply to all offers, services, deliveries and orders provided and undertaken by
Happy People GmbH
Tel.: +49 (0)89 41615354
Fax: +49 (0)89 41615356
Managing partner: Thomas Mrva
1.2 These GTCs shall automatically apply to all future business transactions with business customers (all natural or legal entities or partnerships with legal capacity that enter into legal transactions with us that are designed to serve their commercial or self-employed interests - cf. Art. 14 of the German Civil Code) even if this is not specifically agreed to at the time of the transaction in question. Unless otherwise specifically agreed, we will not recognize alternative or conflicting terms and conditions.
1.3 Our products may only be purchased by customers who are at least 18 years of age.
1.4 The German-language contract shall take precedence.
2. Conclusion of contracts for orders placed through our online shop
2.1 The offers in the Happy-Liquid online shop are binding offers with regard to contracts.
2.2 A contract comes into being when you click on the button 'Place binding order' during the last phase of the order process. Before you confirm your order, a window will be displayed in which the details of your order will be shown. You can review details here and change them as necessary.
2.3 If you choose to pay using the service provided by Novalnet AG (payment on receipt of invoice), the procedure is as follows: After you have clicked on the button 'Place binding order', a live credit check will be undertaken. A contract will come into being when the result of the credit check is positive. A message will be displayed to inform you of this. A contract will not come into being if the result is negative. In this case, you will need to select an alternative method of payment.
2.4 Immediately after placing your order, you will receive an email confirming acceptance of your order and stating the details of your order (order confirmation).
3. Saving of the contract text for orders placed through our online shop
3.1 We will save the details of your order and the details entered by you. As part of the order process, we will create a personal customer account for you. After you have placed your order, the information you require to access this account will be sent to you by email. You will be able to view the details of your order here at any time. If you would subsequently like your customer account to be deleted, simply send us an email instructing us to do so.
3.2 During the order process, you also have the option of printing out your order details and the details you have entered. Your order details and our GTCs will also be sent to you by email.
4. Your right of cancellation
4.1 All consumers (all natural persons that enter into legal transactions that are not primarily designed to serve their commercial or self-employed activities, cf. Art. 13 of the German Civil Code) have the legal right to cancel placed orders.
|INFORMATION ON YOUR RIGHT OF CANCELLATION |
You have the right to cancel the contract with us within 14 days without the need to provide reasons for so doing. The 14-day cancellation period commences on the date on which you or a third person appointed by you who is not the carrier takes possession of the items in question. In order to exercise your right of cancellation, you must contact us (Happy People GmbH, Rupert-Mayer-Str. 44, 81379 Munich, Germany, tel.: +49 (0)89 41615354, fax: +49 (0)89 41615356, email: firstname.lastname@example.org) stating clearly (e.g. in the form of a letter, fax or email) that you wish to cancel the contract. You can also use the attached cancellation form for this purpose; please note that use of this is not compulsory. Compliance with the cancellation period will be assumed if your notification of the wish to cancel is dispatched prior to termination of the period.
The consequences of cancellationIf you cancel your contract with us, we will reimburse all payments and delivery charges (excluding any additional delivery charges arising as a result of you instructing us to dispatch your order using a method other than the favorably-priced standard method offered by us) immediately or at the latest within 14 days of the date on which we received your notification of your wish to cancel. For the purposes of reimbursement, we will use the same method of payment employed for the original transaction unless otherwise agreed; we will deduct no charges in connection with reimbursement. Please note that we reserve the right to refuse to reimburse you until we are actually in receipt of the returned items or until such time as you can provide proof that you have dispatched the items back to us, whichever occurs at the earlier point in time.
It is your responsibility to return or supply the items to us without delay or within 14 days of the date on which you notified us of your wish to cancel. Compliance with the corresponding deadline will be assumed if you dispatch the items within the 14-day period. You will be required to pay the costs of return dispatch of the items.
You will be required to compensate us for any depreciation in value of the items only if an analysis of the nature, properties and functioning of the items shows that this depreciation is attributable to inappropriate use of the items by you.
4.2 Your right of cancellation will expire prematurely in the case of contracts concerning sealed products that for reasons of health or hygiene are not returnable after the corresponding seal has been removed.
4.3 You may use the following cancellation form in order to cancel your contract with us:
(If you wish to cancel your contract with us, please complete this form and return it to us.)
To: Happy People GmbH
Fax: +49 (0)89 41615356, email: email@example.com.
I/we (*) wish to cancel the contract I/we (*) have entered into with you concerning the purchase of the following products (*)/the supply of the following services (*)
Ordered on (*):…………./Received on (*):…………..
Customer name(s): __________________
Customer address(es): __________________
Signature of the customer(s) (only if notification sent in paper form)
(*) Delete as appropriate,
You can download our cancellation form using the following link: DOWNLOAD PDF
5. Prices and delivery charges5.1 The prices quoted in our Happy-Liquid online shop include statutory VAT but do not include delivery costs. Click here for information on delivery charges.
5.2 Please note that additional customs duties, taxes and other charges may be payable on consignments delivered to countries outside the EU.
5.3 The following applies also to business customers: If you instruct us to dispatch your order by means of a form of special delivery that involves higher charges, you will be required to pay the additional costs.
6. Payment, default
6.1 You may choose to pay in advance (by bank transfer), by credit card (through PayPal), by PayPal direct or using the payment on receipt of invoice service provided by Novalnet AG. We reserve the right under certain circumstances to refuse to accept payment in certain forms.
6.2 If you choose to pay in advance, you will receive an email after placing your order that will contain payment information and the details of our bank account. In this case, you should arrange payment within 5 days. We will dispatch your order only when your payment has been credited to our account.
6.3 If you choose to pay by credit card, your card account will be charged on completion of your order.
6.4 If you wish to pay through PayPal, you must have a PayPal account. You will have the option of setting up a PayPal account during the order process. For more information on PayPal, go to www.paypal.com.
6.5 If you choose to pay using the payment on receipt of invoice service provided through Novalnet AG, you will be sent an invoice together with your order; the invoice is payable within 7 days. For more information on the payment on receipt of invoice service provided by Novalnet AG, click here: http://www.novalnet.com/invoice. Please note: Our online order system will not allow you to place further orders if you still have an unpaid invoice from a previous order.
6.6 Our payment on receipt of invoice services are provided through Novalnet AG. For this purpose, Novalnet AG will require certain information from you, including personal information. The information required from you will be your name, address, bank account number and bank sort code or credit card number (including validity dates), the invoice amount, the currency and the transaction number. Novalnet AG will have the right to use this information for the purposes of payment processing and also the right to supply it to us. Novalnet AG is required to observe the stipulations of German data protection legislation.
6.7 In the case of orders for 1000 units or more, 50% of the invoice amount must be paid in advance. In this case, it is not possible to choose an alternative method of payment.
7. The right of offset and retention
7.1 You have the right to offset entitlements against payments owed to us only if your counterclaim has been legally confirmed or has not been contested by us.
7.2 You have a right of retention only if and insofar as your counterclaim is based on the same purchase contract.
8. Retention of title
8.1 Your order remains our property until full payment of the purchase price.
8.2 The following applies in addition to business customers as defined in Art. 14 of the German Civil Code:
– All orders shall remain our property until such time as all claims arising from the corresponding transaction have been settled.
– You do not have the right to pledge the items or use them as security until such time as ownership has been transferred to you.
– You have the right to resell items through the ordinary course of business. In this case, you must assign all entitlements to the amount receivable as a result of this transaction to us. We will accept assignment of these entitlements but you retain the right to collect the amount receivable. We reserve the right to collect amounts receivable ourselves if you fail to meet your payment obligations.
– If our items are combined and mixed with other items before their ownership has been transferred to you, we shall acquire ownership of the new items to the extent of the proportion that our items represent of the other items at the time of processing.
9.1 The standard legal stipulations apply to our warranty.
9.2 The following applies to the warranty provided to business customers as defined in Art. 14 of the German Civil Code in addition to the standard legal stipulations:
– It is your responsibility to examine consignments for quality and incorrect quantities immediately and with the necessary care and to inform us of any manifest deficiencies within 7 days of receipt. Compliance with the warranty period will be assumed if you notify us of any deficiencies within the 7-day period. This applies accordingly for hidden deficiencies that are only subsequently identified. If you fail to comply with these requirements with regard to examination and notification of deficiencies, your subsequent right to claim under warranty will be void.
– Where deficiencies are identified, we reserve the right to rectify the deficiency or supply replacements at our discretion. If we choose to rectify the deficiency, we will not be liable for additional costs arising in connection with the need to transfer the items to another place other than the place of performance assuming that this transfer is not appropriate to the intended use of these items.
– If our attempt to rectify deficiencies or supply replacements fails twice, you will have the right to select an appropriate form of compensation or to withdraw from the contract.
– Our items are covered by warranty for 12 months after delivery.
10. Damage during transport
10.1 If consignments arrive with manifest damage as a result of transport, please notify the carrier immediately and contact us as soon as possible.
10.2 If you are a consumer as defined in Art. 13 of the German Civil Code, failure to notify damage or contact us will have no consequences with regard to your legal right to warranty cover. However, please note that by notifying us, you can help us assert our claims against the carrier.
11.1 We can be held liable for the consequences of deliberate actions and gross negligence on our part. We can also be held liable for any deliberate violation on our part of obligations that must be met in order to enable proper execution of the contract and which places at threat the purpose of the contract and fulfilment of which you as a customer can regularly rely on. In the latter instance, we can be held liable only to the extent of the foreseeable losses typical for the contract in question. We cannot be held liable for the consequences of slight negligence on our part or failure to comply with obligations that are not cited above.
11.2 These disclaimers shall not apply in cases in which loss of life, physical injury or damage to health occurs. We remain liable under the provisions of German product liability legislation.
12. Concluding provisions
12.1 Any contracts concluded between us and you shall be solely subject to German law. In the case of consumers, this applies only if the protection afforded is guaranteed under the laws of the country in which the consumer has his/her normal place of residence. The provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply to contracts.
12.2 For business customers, the place of jurisdiction for all disputes arising from or in connection with contracts between you and us shall be Munich, Germany.
12.3 Please note that Happy People GmbH is not willing to participate in dispute resolution procedures offered by consumer arbitration bodies.12.4 Should one or more of the provisions of these GTCs be or prove to be invalid, this shall not influence the validity of the remaining provisions.