General terms and conditions of business
General terms and conditions with customer information
1. Scope
2. Conclusion of contract
3. Prices and payment terms
4. Manufacturing
5. Delivery and shipping conditions
6. Right of withdrawal
7. Retention of title
8. Liability for defects
9. Liability
10. Indemnification in the event of violation of third party rights
11. Redeeming promotional vouchers
12. Applicable Law
13. Place of Jurisdiction
14. Information on online dispute resolution
1. Scope
1.1. These general terms and conditions (hereinafter referred to as “GTC”) of “Huus UG” (hereinafter referred to as “Seller”) apply to all contracts that a consumer or entrepreneur (hereinafter referred to as “Customer”) has with the seller via the terms and conditions provided by the seller in his online -Shop completes goods offered. The inclusion of the customer's own conditions is contradicted unless otherwise agreed.
1.2. A consumer is any natural person who concludes a legal transaction for a purpose that cannot be predominantly attributed to either their commercial or independent professional activity.
1.3. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2. Conclusion of contract
2.1. The presentation of the goods, particularly in the online shop, does not constitute a binding offer from the seller.
2.2. First, the customer places the selected goods in the shopping cart. In the next step, the ordering process begins, in which all the data required for order processing is recorded.
At the end of the ordering process, a summary of the order and contract data appears. Only after confirming this order and contract data by clicking on the button that completes the ordering process does the customer make a binding offer to purchase the goods contained in the shopping cart.
The customer can also make this offer to the seller by fax, email, post or telephone.
2.3. The seller accepts the customer's offer through the following possible alternatives:
- Sending a written order confirmation or an order confirmation in text form (fax or email)
or
- Request for payment from the customer after placing the order
or
- Delivery of the ordered goods
The first alternative that occurs is decisive for the time of acceptance.
The period for accepting the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this constitutes rejection of the offer. The customer is then no longer bound to his declaration of intent.
2.4. The contract text of the contract concluded between the seller and the customer is saved by the seller. The contract text is stored on the seller's internal systems. The customer can view the general terms and conditions on this page at any time. The order data, the cancellation policy and the general terms and conditions will be sent to the customer by email. After completing the order, the contract text is accessible to the customer free of charge via their customer login, provided they have opened a customer account.
2.5. All entries made are displayed before clicking the order button and can be viewed by the customer before sending the order and corrected by pressing the browser's back button or the usual mouse and keyboard functions. In addition, if available, the customer has access to correction buttons that are labeled accordingly.
2.6. The contract language is German.
2.7. It is the customer's responsibility to provide a correct email address for contacting and processing the order, as well as to set the filter functions so that emails relating to this order can be delivered.
2.8. The customer agrees that their name, logo and project details may be used as a reference on our website and in presentations and discussions with interested parties. The customer may revoke this consent in writing at any time.
3. Prices and payment terms
3.1. The prices displayed are final prices including statutory sales tax, unless otherwise agreed.
If additional shipping costs apply, this can be found in the product description.
3.2. The customer can select the payment methods available in the online shop.
3.3. If payment is made in advance by bank transfer, payment is due immediately after conclusion of the contract, unless otherwise agreed.
3.4. When paying via "PayPal", payment is processed via PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg. Paypal’s terms of use apply. These can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.
3.5. When paying by invoice, the purchase price is due after delivery of the goods and invoicing. The purchase price must be paid within 14 days of receipt of the invoice.
The seller reserves the right to carry out a credit check and to refuse the purchase on account if the credit check is negative. The buyer is free to use other payment methods.
3.6. When paying via "PayPal direct debit", the claim is collected by PayPal from the customer's bank account on behalf of the seller after a SEPA direct debit mandate has been issued and after the deadline for advance information has expired. Advance information is the seller's announcement to the customer that his account will be debited using SEPA direct debit and can, for example, take the form of an invoice or a contract. If the direct debit cannot be honored due to insufficient account funds or because incorrect bank details have been provided, or if the customer objects to the debit without being authorized to do so, the customer must bear the fees incurred by the respective credit institution as a result of the reversal, if he is responsible for this . The remaining contractual relationship as well as rights and obligations towards the seller and the seller remain unaffected by payment by direct debit.
3.7. When paying by invoice via “PayPal invoice”, the payment is processed by PayPal.
The purchase price is due after delivery of the goods and must be paid to PayPal within 30 days of receipt of the invoice, unless another payment deadline is specified.
Purchasing on account requires a successful credit check by PayPal.
If the customer is allowed to purchase on account after checking the creditworthiness, the seller assigns his claim to PayPal, so payments can only be made to PayPal with debt-discharging effect.
The remaining contractual relationship as well as rights and obligations towards the seller and the seller remain unaffected by this payment method.
Otherwise, the general terms and conditions of use for the use of PayPal's purchase on account apply: https://www.paypal.com/de/webapps/mpp/ua/pui-terms.
4. Manufacturing
4.1. Our booths are manufactured both mechanically and by hand in a professional carpentry. Due to the manual manufacturing process, slight deviations in the manufacturing tolerances may occur. We keep these deviations as small as possible and in many cases they are not recognizable to the average observer. Nevertheless, we would like to point out that such deviations may occur due to the production process.
5. Delivery and shipping conditions
5.1. Goods are delivered via shipping to the delivery address specified by the customer. Deviating from this, when paying via PayPal, the delivery address provided by the customer with PayPal at the time of payment is decisive.
5.2. Deliveries without assembly can be booked. In this case, there is the option of delivery to the provided address without unloading (no forklift) from the delivery vehicle. In this case, please ensure that sufficient personnel are available for manual unloading. As an alternative to direct delivery, you have the option of collecting the goods from one of our warehouses in Germany, Austria or Switzerland for a flat-rate service fee. At the warehouse, the pallets can be loaded onto your vehicle using a forklift. The actual delivery prices depend on the delivery location and can be requested from your contact person.
5.3. If the seller incurs additional costs due to providing an incorrect delivery address or an incorrect addressee or other circumstances that lead to the impossibility of delivery, these must be reimbursed by the customer, unless the customer is not responsible for the incorrect information or impossibility. The same applies in the event that the customer was temporarily prevented from accepting the service, unless the seller gave him appropriate prior notice of the service. Excluded from this regulation are the shipping costs if the customer has effectively exercised his right of cancellation. Here, the legal regulation or the regulation made by the seller remains.
5.4. The risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the seller has delivered the item to the freight forwarder, the freight carrier or the other person or institution designated to carry out the shipment if the customer is an entrepreneur. If the customer is a consumer, the transfer of risk generally only occurs when the goods are handed over to the customer or a person authorized to receive them.
Deviating from this, the transfer of risk also occurs for consumers as soon as the seller has delivered the item to the freight forwarder, the freight carrier or the person or institution otherwise designated to carry out the shipment, if the customer has the freight forwarder, the freight carrier or the other person designated to carry out the shipment Person or institution commissioned to carry out the execution and the seller has not previously named this person or institution to the customer.
5.5. The contract is concluded with the reservation that in the event of improper, delayed or non-existent delivery, delivery will not be made or will only be made in part or accordingly later. This only applies in the event that there is a congruent hedging transaction between the seller and the supplier, the improper, delayed or non-existent self-delivery is not the fault of the seller and cannot be remedied by the seller with reasonable efforts. In the event of unavailability or only partial availability of the goods, the customer will be informed immediately. Any payment made will be refunded immediately.
5.6. In the case of delivery without assembly, the customer is responsible for the disposal of the packaging material. The packaging material usually comprises a customized pallet (can be broken down into smaller parts) and 2-3 large bags of plastic and cardboard packaging.
5.7. If the standard delivery conditions on which the offer is based cannot be met, it may be necessary to organize additional teams or incur additional costs for delivery and assembly. In such cases, the calculation of delivery and assembly costs will be adjusted accordingly. The additional services must be planned and agreed in advance.
5.8. Vouchers are provided to the customer in the following form:
- by email
- via download
- by post
6. Right of withdrawal
6.1. If the customer is a consumer, he or she generally has a right of withdrawal.
6.2. The seller's cancellation policy applies to the right of cancellation.
7. Retention of title
7.1. In contracts with consumers, the goods remain the property of the seller until full payment has been made.
7.2. In contracts with entrepreneurs, the goods remain the property of the seller until all claims from an ongoing business relationship have been paid in full.
7.3. If the customer acts as an entrepreneur, he is entitled to resell the reserved goods in the normal course of business.
The customer assigns the claims against third parties arising from the resale to the seller in advance in the amount of the respective invoice value (including sales tax). This assignment applies regardless of whether the reserved goods were resold without or after processing. The customer may also collect claims after the assignment, but this does not affect the seller's right to collect the claims itself. However, the seller will refrain from collecting the claims as long as the customer meets his payment obligations to the seller, does not default on payment and no application has been made to open insolvency proceedings against the customer.
8. Liability for defects
With regard to the warranty, the provisions of statutory liability for defects apply, unless otherwise agreed in these General Terms and Conditions.
8.1. If the customer acts as an entrepreneur,
- the seller has the choice of the type of supplementary performance;
- In the case of used goods, rights and claims due to defects are generally excluded;
- For new goods, the limitation period for defects is one year from the transfer of risk;
- The statute of limitations does not begin again if a replacement delivery has been made within the scope of liability for defects.
8.3. The liability limitations and shortening of the limitation period regulated above
do not apply
- for items that were used for a building in accordance with their normal use and caused its defects,
- for damages caused by injury to life, body or health that are culpably attributable to the seller and for damages caused by gross negligence or intent
- or in the event of fraudulent behavior on the part of the seller and in the case of claims according to §§ 478, 479 BGB.
8.4. The statutory limitation periods for an entrepreneur's right of recourse are § 478 BGB
stay untouched.
8.5. If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he is subject to the commercial investigation and notification obligations in accordance with Section 377 of the German Commercial Code (HGB).
8.6. If the customer acts as a consumer, he is asked to complain to the delivery person about goods received with obvious transport damage and to inform the seller of this.
It is expressly made clear that the customer's statutory or contractual claims for defects will not be affected if the customer does not comply with this request.
9. Liability
The seller's liability for all contractual, quasi-contractual, statutory, and tortious claims for damages and reimbursement of expenses is determined as follows:
9.1. The seller is only liable without restriction for damages that are due to intentional or grossly negligent behavior.
In the event of injury to life, body and health and the violation of essential contractual obligations (cardinal obligations), the seller is liable even in the event of slight negligence.
An essential contractual obligation is one whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner regularly trusts and can rely.
As regulated above, the seller is also liable on the basis of a guarantee promise, unless otherwise regulated in this regard.
This also applies to indirect consequential damages such as, in particular, lost profits and to mandatory liability such as under the Product Liability Act.
9.2. Liability is - except in the case of intentional or grossly negligent behavior or damage resulting from injury to life, body and health and the violation of essential contractual obligations (cardinal obligations) - to the damage typically foreseeable at the time the contract was concluded and otherwise to the average damage typical for the contract limited. This also applies to indirect consequential damages such as, in particular, lost profits.
9.3. Incidentally, a liability of the seller is excluded.
9.4. The above liability regulations also apply mutatis mutandis in favor of the seller's employees and vicarious agents.
10. Indemnification in the event of violation of third party rights
If, in accordance with the contract, the seller owes the customer not only the delivery of the goods but also the processing of the goods according to the customer's specific specifications, the customer must ensure that the content provided to the seller for this purpose does not violate the rights of third parties. The contracting parties agree that the customer releases the seller from third-party claims in this context, unless he is not responsible for the infringement. The exemption also includes the assumption of the reasonable costs of the necessary legal defense, including all court and legal fees at the statutory rate. If a claim is made by third parties, the customer is obliged to immediately, completely and truthfully provide the seller with all information required to examine the claims and defend them.
11. Redeeming promotional vouchers
11.1. Vouchers that the seller gives out free of charge as part of (promotional) campaigns with a specific period of validity and which the customer cannot purchase ("promotional vouchers") can only be redeemed in the seller's online shop and only within the period specified by the seller.
11.2. Individual products may be excluded from the voucher campaign.
The specific restrictions can be found in the promotional voucher if applicable.
11.3. Promotional vouchers can only be redeemed before completing the ordering process. There will be no subsequent billing.
11.4. Only one promotional voucher can be redeemed per order. It is not possible to redeem multiple promotional vouchers in one order.
11.5. The value of the goods in each order must be at least the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.
11.6. If the value of a promotional voucher is not sufficient to pay for the respective order, one of the other payment methods offered can be used to pay the difference.
11.7. The balance of a promotional voucher will neither be paid out nor interest.
11.8. The promotional voucher will also not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of his statutory right of withdrawal.
11.9. Promotional vouchers are generally transferable.
The seller can make payments with discharging effect to the customer who redeems the respective gift voucher. This does not apply if the seller has knowledge or grossly negligent ignorance of the possible lack of authorization, incapacity or lack of authorization to represent the respective owner.
12. Applicable Law
The law of the Federal Republic of Germany applies, excluding the laws on the international purchase of movable goods.
The legal regulations regarding the restriction of the choice of law and the applicability of mandatory regulations, in particular the state in which the customer as a consumer has his habitual residence, remain unaffected.
13. Place of Jurisdiction
If the customer is a merchant, a legal entity under public law or a special fund under public law based in the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business.
If the customer is based outside the territory of the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if this contract or claims arising from this contract can be attributed to the customer's professional or commercial activity.
Nevertheless, in the aforementioned cases, the seller is also entitled to appeal to the court at the customer's registered office.
14. Information on online dispute resolution
The EU Commission's online dispute resolution platform can be accessed on the Internet at the following link: https://ec.europa.eu/odr
We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.