General Terms and Conditions
1-1. The General Terms and Conditions set below shall apply to all orders that we, Hypaths GmbH, Europaplatz 2 Excellent Business Center, 10557 Berlin, Germany (Supplier), VAT-number:DE355561960, accept and execute through our web shop or in one of our retail shops.
1-2. These General Terms and Conditions shall apply exclusively. Any of your terms and conditions as customer shall not apply.
2.Conclusion of Agreement
2-1. An agreement can be concluded at one of our local retail shops.
2-2. If you order products via our online shop, the following applies. All product offers listed there are without obligation and non-binding. If you have made your choice, placed the selected products into the product basket, have ticked the box “Accept Terms and Conditions” and have sent away your order by clicking the button “Pay now” then you have placed a legally binding offer for a sale and purchase agreement. Prior to sending, you may always remove or add products to your product basket. The agreement shall be only be concluded if we accept your order in accordance with section 2.3. Upon receipt of your order, we will send you an automatically generated summary of your order. This is a non-binding confirmation receipt to let you know that your order has been duly received and which products you have ordered.
2-3. Your order shall be deemed accepted and thus the agreement concluded if we, after receipt of your order, send you an order confirmation by e-mail or otherwise, which expressly confirms the order in text form. The issuance of the delivery slip or of the invoice or the delivery shall also constitute acceptance of your order.
3.Your Personal Information
3-1. Through sending your order and your registration via our online shop you assure that all information provided therein, particularly name, email address and account information is accurate. Please notify us immediately of any changes.
4-1. Prior to the conclusion of the binding agreement, we have the right to adjust the prices for the products at any time.
4-2. All prices indicated are inclusive VAT and in Euro.
4-3. Any additional costs such as shipping costs for shipments abroad (see also section 9.1), any customers duties, foreign VAT or other handling costs are not included in the price.
5-1. You may pay orders placed through our web shop via Shopify payments.
5-2.Payment of the purchase price is due immediately upon conclusion of the agreement.
5-3.We reserve the right to ship the products only after having received a prepayment.
5-4.In case of your default in payment, we may charge default interest of 5 % above the base rate (§ 247 German Civil Code). We have the right to prove that a higher loss has been caused.
6-1. For purchasing products, which we declare to be sold by pre-order, you shall deposit indicated amount in advance with us. This applies for purchases both in one of our retail shops or through our web shop. Payment conditions in sec. 5.1 apply.
6-2 .After you paid the deposit, we will begin with the organization and shipment preparations. After confirmation of acceptance of the pre-order and before delivery, we will send you a request via e-mail for full payment of the purchase price. Until this time, you may withdraw the agreement at any time without giving reasons. In this case, we will refund you the deposit in full. If you pay the full purchase price upon request, you will receive the delivery confirmation after receipt of payment. From this time on a refund of the deposit is not possible.
7.Right to Revocation/Briefing on the Right to Revocation
7-1. Right to Revocation
7-1-1. Only if you ordered a product through our web shop, you have the right of revocation of this Agreement within fourteen days (14) without giving reasons according to sec. 312g German Code Civil (BGB).
7-1-2. The revocation term shall be fourteen (14) days starting at the date at which you or any third party designated by you (other than the delivery agent) shall have taken possession of the product.
7-1-3. To exercise your right of revocation you must inform us [Hypaths GmbH, Europaplatz 2 Excellent Business Center, 10557 Berlin, Germany; e-mail: [email@example.com] ] through explicit notice (e.g. letter sent by ordinary mail, fax-letter, or Email) about your decision to revoke this Agreement. You may use the revocation form in Sec. 16 below.
7-1-4. To meet the deadline for revocation, it shall be sufficient that you send away the notice on the revocation of this Agreement prior to expiry of the revocation deadline.
7-2. Effects of Revocation
7-2-1. If you revoke this Agreement, we must refund to you all payments that we have received from you including the costs of delivery (except those incremental costs that have been caused by your selection of a delivery mode different from the cheapest standard mode offered by us) immediately, however, no later than by fourteen (14) days after the date at which we have received your notice of revocation of this Agreement. For such refund, we shall use the same payment mode that you have used for payment of the original transaction unless we have expressly agreed otherwise with you; in no event, we will charge any fees for the refund. We may refuse the refund until we have received the product back or have you have proved that you have returned the product, whichever is the earlier.
7-2-2. You must immediately, in any case no later than fourteen days after the date at which you have notified us on your revocation of this Agreement, return the goods to us. To meet the deadline, it shall be sufficient that you send away the products prior to expiry of the deadline.
7-2-3. You have to bear the direct costs of the return of the goods.
7-2-4. You shall be responsible for any deterioration of the product only if such deterioration has been caused by any treatment exceeding the orderly examination of the condition, characteristics, and functionality of the product.
This is the end of the briefing on your revocation right.
8.Retention of Title
8-1. We shall retain ownership title for the shipped products until we have received the payment in full.
9.Delivery and costs of delivery
9-1. In addition, we will charge the shipping costs (delivery fee). The delivery fee depends on the country of delivery and will be shown in our web shop.
9-2. Partial deliveries are permitted. However, no additional shipping costs shall be charged.
10.Transfer of risk
10-1. The risk of the accidental loss of the products shall transfer to you upon the handover of the products to the transport person for delivery.
11.Inspection of Products, Warranty and Guarantee
11-1. If any products should have evident defects or manufacturing faults including any damages caused by transport, please immediately notify these faults to us or to the individual delivering the product on behalf of the delivery company. Failure to raise such objection is, however, of no adverse effect to your rights.
11-2. We are liable for defects in accordance with the applicable statutory provisions, in particular Sec. 434 ff. of the German Civil Code (“BGB”). In this case, you have a legal right, at your selection, to subsequent performance, curing of fault/new delivery and – if the requisite legal requirements are met – further rights to abatement or rescission of contract and also to compensation of losses including the right to demand compensation in lieu of completion and refund of useless expense.
11-3. The limitation period for statutory claims for defects is two years and begins with the delivery of the Goods.
11-4. An additional guarantee only exists if this was expressly stated in the order confirmation for the respective item.
12-1. We are not liable for your damages with the following qualification:
12-2. We are liable for an intentional or grossly negligent breach of duty. For simple negligence we shall be liable only in case of violation of an obligation the compliance with which is as essential prerequisite for orderly performance of this Agreement and on the due performance of which the counterpart can reasonably rely (so-called “cardinal obligations”).
12-3. If we shall be liable for simple negligence according to sec. 11.2 above, our liability shall be limited to losses the occurrence of which we could have reasonable foreseen based on the situation known to us upon conclusion of this Agreement.
12-4.The above liability limitations do not apply if we have issued a guarantee for the characteristics of a product or fraudulently concealed the defect or if we and you reached an agreement on the quality of the Goods or for damages that are to be compensated pursuant to the German Product Liability Act or for losses/damages regarding life, physical integrity or health.
12-5.The above disclaimers apply also to the benefit of our employees, agents and other third parties we have retained for the execution of the agreement.
13-1. We collect and store data of our customers necessary for processing the business transaction. We adhere to applicable laws then processing personal data. You can always obtain information on your personal data that we have stored. You consent that communication regarding the agreement may be done electronically.
13-2. All data processing procedures (e.g. collection, processing, and transfer) are carried out by us in accordance with applicable laws. Customers data necessary for processing the business transaction will be stored and made available to the service provider retained by us only to the extent necessary for order and payment. Moreover, address and ordering data will be collected and processed by us for marketing purposes only. We further assure that your address data will not be disseminated to third parties for marketing purposes.
13-3. Notice: You may always object to the use, the processing and transfer of your personal data for marketing purpose through informal notice sent by regular mail to [Hypaths GmbH, Europaplatz 2 Excellent Business Center, 10557 Berlin, Germany or Email to [[firstname.lastname@example.org] ]. This shall certainly not apply to data necessary for processing your order. Upon receipt of your objection we will no longer use, process, and transfer the relevant data for any purpose other than the processing your order and will cease to send to you catalogues and other marketing material.
14.Set-off and retention right
14-1. You are only entitled to off-set against our claims or exercise a right of retention if your counterclaims have been legally established or are undisputed. You are entitled to off-set and to execute a right of retention against our claims if your assert notices of defects or counterclaims from the same purchase contract.
15.Applicable law and place of jurisdiction
15-1. All legal relations arising out of or in connection with the contractual relationship between the Supplier and the customer (including these General Terms and Conditions) shall be governed exclusively by the laws of the Federal Republic of Germany, to the full exclusion of its conflict of law provisions and the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the provisions of German Private International Law.
15-2. For any disputes arising from or in connection with the contractual relationship between the Supplier and the customer (including these General Terms and Conditions), the place of jurisdiction shall be our registered office.
16.Model Revocation Form
If you want to revoke the contract, please fill out this form and send it back.
Europaplatz 2 Excellent Business Center
- I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*)
- Ordered on (*) / received on (*)
- Name of the consumer (s)
- Address of the consumer (s)
- Signature of the consumer (s) (only if the written form is used)
(*) Delete where inapplicable.