Terms - Hookie Co.

Terms

General Terms and Conditions
Execution: Online Shop www.hookie.co – Status: 10.06.2021

1. Basis Of The Contract, Choice Of Law
1.1 The following General Terms and Conditions govern the legal relationship established via this online store between Hookie Co. GmbH, Großenhainer Str. 137, 01229 Dresden, represented by Nico Müller and Sylvia Müller, (hereinafter: Seller) and the Customer (hereinafter: Customer). They apply in the version valid at the time of the conclusion of the contract for all deliveries of goods, which have come into being through the exclusive use of means of distance communication.

1.2 The General Terms and Conditions of the Seller shall apply exclusively; the Seller shall not recognize any deviating or supplementary General Terms and Conditions of the Customer unless the Seller has expressly agreed to their application in writing.

1.3 These General Terms and Conditions shall apply to customers who are consumers within the meaning of § 13 BGB (hereinafter: consumers) or entrepreneurs within the meaning of § 14 BGB (hereinafter: entrepreneurs), unless individual provisions apply only to legal relationships with consumers or entrepreneurs.
A consumer within the meaning of § 13 BGB is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity.
An entrepreneur within the meaning of § 14 BGB is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity. A partnership with legal capacity is a partnership endowed with the capacity to acquire rights and incur liabilities.

1.4 The contractual languages are German and English. The law of the Federal Republic of Germany shall apply. The UN Convention on Contracts for the International Sale of Goods shall not apply.
In relation to consumers, the choice of law only applies insofar as this does not conflict with any mandatory consumer protection rights of the country in which the customer has his habitual residence.

2. Offer, Conclusion, Storage Of The Contract
2.1 The goods presented in the online store do not represent a binding offer by the seller to conclude a purchase contract. Rather, they merely contain an invitation to the customer to submit a contract offer to the seller.

2.2 The following technical steps are required for the order, its correction and for the submission of the binding contract offer by the Customer:
When the Customer has found the desired goods, he can place them in the shopping cart without obligation by clicking the button “Add to cart”. The customer can view the contents of the shopping cart at any time by clicking the “Shopping Cart” button. The customer can remove the goods from the shopping cart at any time by pressing the “Remove” button next to the goods. The ordering process can be cancelled at any time.
If the customer wants to buy the goods, he must click the button “Checkout”. The customer must then enter his personal data, which are necessary for the execution of the contract (see Privacy Policy), specify the desired method of payment and confirm the knowledge of the terms and conditions. Finally, the entered data (goods as well as personal data, payment method, etc.) are displayed again. The customer then has the option to correct his entries by clicking on the button “Correction” or to cancel the order process by clicking on the button “Cancel”.

2.3 By clicking the “Place Order” button and sending the personal data, the customer makes a binding offer to the seller for the goods contained in the virtual “shopping cart”.

2.4 The seller informs the customer immediately about the receipt of his order by e-mail. This “order confirmation” does not constitute an acceptance of the offer, so that no purchase contract is concluded yet. It only serves to fulfill the legal obligations.

2.5 A purchase contract shall only be concluded if the Seller accepts the Customer’s offer in writing within 2 working days by means of a separate e-mail (“Order Confirmation”). Otherwise, the offer is considered rejected and the customer is no longer bound by it.

Deviating from this, the purchase contract is concluded as follows:

If the customer selects “PayPal” as a payment method during the online ordering process, he will be redirected to the PayPal payment page at the same time by clicking the button that concludes the ordering process, in order to log into his PayPal account there and complete the payment process. In this case, the seller already now declares acceptance of the customer’s offer at the time when the customer triggers the payment process by clicking the button that concludes the ordering process.

2.6 The Seller shall be entitled to limit the delivery quantity to a quantity customary for a household.
2.7 The text of the contract shall not be stored by the Seller and cannot be retrieved after the order process has been completed. Should the customer wish to document his order data, the customer should copy, print or otherwise save them before submitting the binding order.
However, the Seller shall send a confirmation of the contract at the latest upon delivery of the goods, in which the content of the contract is reproduced.
3. Prices, Shipping Costs, Payment
3.1 The stated prices include the statutory value added tax and are shown in EURO. With the exception of the shipping and packaging costs (clause 3.2.) as well as the costs depending on the method of payment (clause 3.3.), no further price components are incurred for deliveries in Germany. For deliveries outside Germany, customs duties, customs fees and import sales taxes may be due. These costs shall be borne by the customer. The customer indemnifies the seller from any claim regarding these costs. The customer is responsible for the correct customs clearance of the goods and the resulting costs.
3.2 The prices quoted do not include shipping and packaging costs. Details on shipping and packaging costs are provided in the context of the specific presentation of the goods during the ordering process or under “Shipping & Return”. These costs will be charged additionally to the customer, unless otherwise agreed or unless otherwise provided for by the relevant statutory provisions.
3.3.Unless otherwise agreed, the delivery of the goods shall be made exclusively against advance payment (bank transfer, Paypal, credit card payment).
Payment to be made immediately after conclusion of the contract.
Depending on the method of payment may incur additional costs. These costs are shown in the context of the specific presentation of goods during the ordering process or under “Shipping & Return”.
4. Delivery 
4.1 In principle, delivery shall only be made to the countries indicated under “Shipping & Return” at the shipping and packaging costs shown in each case (Section 3.2.). You will receive details on shipping and delivery times in the context of the specific presentation of goods during the ordering process or under “Shipping & Return”.
4.2 If the goods are not collected by the Customer, the Seller will carefully pack the purchased goods and send them to the Customer. The delivery will be made exclusively to the delivery address stored in the online store.
4.3 Delivery shall be made within the delivery time expressly agreed or stated in the context of the specific presentation of the goods. If no delivery times are expressly agreed or specified in the context of the specific presentation of goods, delivery will be made within 5 working days after payment instruction.
The time limit for delivery begins to run in case of payment in advance or PayPal on the day after issuing the payment order to the remitting credit institution or in case of other payment methods on the day after conclusion of the contract and ends with the expiry of the last day of the time limit. If the last day of the period falls on a Saturday, Sunday or a public holiday recognized by the state at the place of delivery, the next working day shall take the place of such a day.
5. Right Of Withdrawal And Return Costs
5.1 If the customer is a consumer, he has a statutory right of withdrawal. You can see the content of this right under the link [Revocation].
5.2 In the event of revocation, the customer shall bear the return costs.
6. Reservation Of Proprietary Rights
The sold and delivered goods remain the property of the seller until full payment of the purchase price.
Until the time of transfer of ownership, the customer is obliged to treat the purchased goods with care and is not entitled to dispose of the goods by legal transaction. Should third parties assert rights to the goods delivered under retention of title, the customer is obliged to inform the seller of this circumstance immediately.
7. Warranty
The warranty rights of the customer are governed by the statutory provisions. The period is two years from delivery of the goods.

8. Place Of Jurisdiction, Place Of Performance
If the Customer is a commercial entrepreneur, a legal entity under public law or a special fund under public law, the registered office of the Seller, Hookie Co. GmbH, Großenhainer Str. 137, 01229 Dresden, shall be agreed as the place of performance and the place of jurisdiction shall be the court having subject-matter jurisdiction for the registered office for all claims arising from the business relationship. This shall also apply to persons who do not have a general place of jurisdiction in Germany, or persons who have moved their place of residence or habitual abode outside Germany after conclusion of the contract, or whose place of residence or habitual abode is unknown at the time the action is brought.
The place of jurisdiction shall not apply if the customer is a consumer and has his place of residence or habitual abode in a Member State of the European Union. In this case, legal action shall be brought before the competent court of the Member State of residence.

9. Promotional Vouchers
Promotion vouchers cannot be purchased, but are issued by the Provider as part of its advertising campaign. Promotion vouchers are in principle not subsequently redeemable, cannot be combined with other promotion vouchers and are not valid for reduced goods (except for promotion vouchers specifically for reduced articles, which are subject to separate regulations that are communicated in connection with the respective promotion voucher). Furthermore, a cash payment is excluded.

10. Dispute Resolution
The seller is obliged to inform consumers about the existence of the European Online Dispute Resolution Platform and the possibility to use it for the out-of-court settlement of disputes. The European Commission is responsible for this. The European Online Dispute Resolution Platform can be found at the following link: http://ec.europa.eu/odr.

In case of disputes, the consumer of course also has the option to first contact the seller directly. To do this, he sends the seller an e-mail to: hello@hookie.co.

11. Gift Vouchers
11.1 The gift voucher can be used in the context of purchases on the hookie.co site. The Gift Voucher will be sent to the Customer by mail in the form of a gift certificate after receipt of payment. The customer can give the voucher to a third party. In this case, he undertakes not to use the voucher code or disclose it to third parties.

11.2 The voucher can be used for the purchase of goods on www.hookie.co. For this purpose, the customer enters the voucher code in the shopping cart and clicks on “Redeem voucher”. The value of the voucher will be added to the invoice amount. Vouchers cannot be used to purchase other vouchers or be cashed out. A subsequent credit of a voucher to an order already placed is not possible. Only one voucher can be redeemed per order.

11.3 If the value of the voucher exceeds the invoice amount, any remaining credit balance shall be retained and can be used by entering the voucher code again. A cash payment of the (remaining) value of the voucher is excluded.

11.4 Vouchers for purchases on www.hookie.co must be redeemed by the end of the third year after the voucher code is transmitted at the latest; after that, they lose their validity.

 

 

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