General terms and conditions

General Terms and Conditions with Customer Information

1. Scope
2. Conclusion of contract
3. Prices and payment terms
4. Manufacturing
5. Delivery and shipping terms
6. Right of withdrawal
7. Retention of title
8. Liability for defects
9. Liability
10. Indemnification in the event of infringement of third-party rights
11. Redemption of promotional vouchers
12. Applicable law
13. Place of jurisdiction
14. Information on online dispute resolution
15. Use of images and logos

1. Scope

1.1. These General Terms and Conditions (hereinafter referred to as "GTC") of "Huus UG" (hereinafter referred to as the "Seller") apply to all contracts concluded by a consumer or business customer (hereinafter referred to as the "Customer") with the Seller regarding the goods offered by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby rejected unless otherwise agreed.

1.2. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or self-employed professional activity.

1.3. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when entering into 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, in particular in the online shop, does not yet constitute a binding offer by the Seller.

2.2. First, the Customer places the selected goods in the shopping cart. In the next step, the ordering process begins, during which all data required for processing the order is recorded.
At the end of the ordering process, a summary of the order and contract data is displayed. Only after confirming this order and contract data by clicking the button that completes the ordering process does the Customer submit a binding offer to purchase the goods contained in the shopping cart.

The Customer may also submit 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
- Requesting payment from the Customer after the order has been placed
or
- Delivery of the ordered goods
  
The relevant time for acceptance is the first of these alternatives to occur.

The period for accepting the offer begins on the day after the Customer sends the offer and ends at the close 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 by their declaration of intent.

2.4. The text of the contract concluded between the Seller and the Customer is stored by the Seller. The contract text is stored on the Seller's internal systems. The General Terms and Conditions can be viewed by the Customer on this page at any time. The order data, the cancellation policy, and the GTC are sent to the Customer by email. After completion of the order, the contract text is accessible to the Customer free of charge via their customer login, provided that they have created a customer account.

2.5. All entries made are displayed before clicking the order button and can be reviewed by the Customer before submitting the order and corrected using the browser's back button or the usual mouse and keyboard functions. In addition, if available, buttons for correction are provided to the Customer and are labeled accordingly.

2.6. The contract language is German.

2.7. The Customer is responsible for providing a correct email address for contact and order processing, and for configuring 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 mentioned as a reference on our website as well as in presentations and discussions with prospective customers. The Customer may revoke this consent in writing at any time.

3. Prices and payment terms

3.1. The prices shown are final prices including statutory VAT, unless otherwise agreed.
Any additional shipping costs can be found in the product description.

3.2. The Customer may choose from the payment methods available in the online shop.

3.3. In the case of advance payment by bank transfer, payment is due immediately upon conclusion of the contract, unless otherwise agreed.

3.4. In the case of payment via "PayPal", payment processing is carried out by PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. PayPal's terms of use apply for this purpose. These can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.

3.5. In the case of payment by invoice, the purchase price is due after delivery of the goods and issuance of the invoice. 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 reject purchase on account in the event of a negative credit check. Other payment methods remain available to the Buyer.

3.6. In the case of payment via "PayPal Direct Debit", the claim is collected by PayPal on behalf of the Seller from the Customer's bank account after a SEPA direct debit mandate has been issued and after expiry of the pre-notification period. A pre-notification is the Seller's announcement to the Customer that their account will be debited by SEPA direct debit and may take the form of an invoice or a contract, for example. If the direct debit cannot be processed due to insufficient account funds or due to the provision of incorrect bank details, or if the Customer objects to the debit without being entitled to do so, the Customer must bear the fees incurred by the respective credit institution as a result of the chargeback, provided the Customer is responsible for this. The remainder of the contractual relationship as well as the rights and obligations vis-à-vis the Seller and of the Seller remain unaffected by payment by direct debit.

3.7. In the case of payment by invoice via "PayPal Invoice", payment processing is carried out by PayPal.
The purchase price becomes due after dispatch of the goods and must be paid to PayPal within 30 days of receipt of the invoice, unless another payment term is specified.
Purchase on account requires a successful credit check by PayPal.
If the Customer is allowed to purchase on account following the credit check, the Seller assigns its claim to PayPal, so payment can only be made to PayPal with discharging effect.
The remainder of the contractual relationship as well as the rights and obligations vis-à-vis the Seller and of the Seller remain unaffected by this payment method.
In all other respects, the General Terms of Use for PayPal invoice purchase apply: https://www.paypal.com/de/webapps/mpp/ua/pui-terms.

4. Manufacturing & sound insulation

4.1. Our boxes are manufactured in a joinery using both machinery and hand craftsmanship. Due to the artisanal production process, slight deviations in manufacturing tolerances may occur. We keep these deviations as minimal as possible, and in many cases they are not noticeable to the average observer. Nevertheless, we would like to point out that such deviations may occur due to the production process.

4.2. The stated sound insulation values of the HUUS boxes are based on internal measurements carried out in accordance with ISO standard 23351-1. Please note that these are internal operational measurements under real-world conditions (open-plan office) using a calibrated measuring device and not a certified test by an external testing organization (e.g. TÜV Süd). The measurement conditions largely complied with the standard, although the specific requirements of a reverberation room and an omnidirectional loudspeaker were waived. The values determined serve as a guide to acoustic performance in everyday office use.

5. Delivery and shipping terms

5.1. Goods are delivered to the delivery address specified by the Customer unless otherwise agreed. Notwithstanding the above, in the case of payment by PayPal, the delivery address stored by the Customer with PayPal at the time of payment shall be decisive.

5.2. Deliveries and warehouse pickups without assembly can be booked. In this case, delivery to the curbside from the delivery vehicle (without forklift) is possible. For curbside delivery, please ensure that sufficient personnel are available for manual unloading. As an alternative to direct delivery, pickup from one of our warehouses in Germany or Switzerland is possible for a service fee. At the warehouse, the pallets can be loaded onto your vehicle by forklift. Pure 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 the provision of an incorrect delivery address, an incorrect recipient, or other circumstances leading to the impossibility of delivery, these costs must be reimbursed by the Customer unless the Customer is not responsible for the incorrect information or impossibility. The same applies if the Customer was temporarily prevented from accepting the service, unless the Seller had announced the service to them a reasonable time in advance. Excluded from this rule are the costs of shipping the goods to the Customer if the Customer has effectively exercised their right of withdrawal. In this case, the statutory provisions or the provisions made by the Seller shall apply.

5.4. The risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has handed over the item to the freight forwarder, carrier, or other person or institution designated to carry out the shipment, if the Customer is an entrepreneur. If the Customer is a consumer, the risk generally passes only upon handover of the goods to the Customer or a person authorized to receive them.
Notwithstanding the above, the risk also passes to consumers as soon as the Seller has handed over the item to the freight forwarder, carrier, or other person or institution designated to carry out the shipment, if the Customer has commissioned the freight forwarder, carrier, or other person or institution designated to carry out the shipment themselves and the Seller has not previously named this person or institution to the Customer.

5.5. The contract is concluded subject to the reservation that, in the event of improper, delayed, or non-delivery to the Seller, performance may not be made, may only be made in part, or may be made later accordingly. This applies only in the event that there is a congruent covering transaction between the Seller and the supplier, the improper, delayed, or non-delivery to the Seller is not the Seller's fault, and the issue cannot be remedied by the Seller with reasonable effort. In the event of non-availability or only partial availability of the goods, the Customer will be informed immediately. Any payment already made will be refunded without delay.

5.6. In the case of delivery without assembly, disposal of the packaging material is the responsibility of the Customer. The packaging material generally consists of a custom-made pallet (which can be dismantled into smaller parts) and 2–3 large bags of plastic and cardboard packaging.

5.7. If the standard delivery conditions on which the quotation is based cannot be met, it may be necessary to arrange 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. The following provisions apply to assembly work:

• Estimated times: The stated arrival and assembly times are estimates. Unforeseeable circumstances on site may lead to delays.

• Customer presence: The Customer must ensure that the assembly can be attended until completion or that the fitters are able to complete the work in full.

• Interruption and additional work: If the assembly has to be stopped because the Customer can no longer remain on site and our fitters are unable to complete the work, the necessary return visit and the additional time required will be charged separately.

5.9. Vouchers are provided to the Customer in the following form:

• by email
• by download
• by post

6. Right of withdrawal

6.1. If the Customer is a consumer, they generally have a right of withdrawal.

6.2. The Seller's cancellation policy applies to the right of withdrawal.

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 arising from an ongoing business relationship have been settled in full.

7.3. If the Customer acts as an entrepreneur, they are entitled to resell the reserved goods in the ordinary course of business.
The Customer hereby assigns to the Seller in advance any claims against third parties arising from the resale in the amount of the respective invoice value (including VAT). This assignment applies regardless of whether the reserved goods have been resold without processing or after processing. The Customer remains authorized to collect the claims even after the assignment; however, this does not affect the Seller's right to collect the claims itself. The Seller will, however, refrain from collecting the claims as long as the Customer meets their payment obligations towards the Seller, is not in default of payment, and no application has been made to open insolvency proceedings against the Customer.

8. Liability for defects

With regard to warranty, the provisions of the statutory liability for defects shall apply unless otherwise agreed in these GTC.

8.1. If the Customer acts as an entrepreneur,

• the Seller shall have the choice of the type of subsequent performance;
• in the case of used goods, rights and claims due to defects are generally excluded;
• for new goods, the limitation period for defects shall be one year from the transfer of risk;
• the limitation period shall also not recommence if a replacement delivery is made within the scope of liability for defects.

8.2. If the Customer acts as a consumer, the following restriction applies to used goods: claims for defects are excluded if the defect occurs only after one year from delivery of the goods. Defects that occur within one year from delivery of the goods may be asserted within the statutory limitation period.

8.3. The limitations of liability and reductions of the limitation period regulated above
do not apply

• to items that have been used for a building in accordance with their usual purpose and have caused its defectiveness,
• to damages culpably caused by the Seller that are attributable to injury to life, body, or health, and in the case of damages caused by gross negligence or intent
• or in the case of fraudulent concealment by the Seller and in the case of claims pursuant to sections 478, 479 BGB.

8.4. The statutory limitation periods for an entrepreneur's right of recourse under section 478 BGB
remain unaffected.

8.5. If the Customer acts as a merchant within the meaning of section 1 HGB, they are subject to the commercial duties to inspect and give notice of defects pursuant to section 377 HGB.

8.6. If the Customer acts as a consumer, they are requested to complain to the delivery agent about any goods received with obvious transport damage and to inform the Seller accordingly.
It is expressly clarified that the Customer's statutory or contractual claims for defects are not affected if the Customer does not comply with this request.

8.7. The HUUS boxes must be positioned and, if necessary, readjusted/aligned in accordance with our assembly and operating instructions. If the boxes are moved by the Customer without authorization or are not properly readjusted, we accept no liability for any resulting damage. The warranty may become void for all affected components.

9. Liability

The Seller's liability for damages and reimbursement of expenses arising from all contractual, quasi-contractual, statutory, and tort claims is determined as follows:

9.1. The Seller shall be fully liable only for damages resulting from intentional or grossly negligent conduct.
In the event of injury to life, body, or health and breach of essential contractual obligations (cardinal obligations), the Seller shall also be liable in cases of slight negligence.

An essential contractual obligation is one whose fulfillment makes the proper performance of the contract possible in the first place and on whose compliance the contractual partner regularly relies and may rely.

The Seller shall also be liable as regulated above on the basis of a guarantee promise, unless otherwise regulated in this respect.

This also applies to indirect consequential damage such as, in particular, loss of profit, and to mandatory liability, such as under the Product Liability Act.

9.2. Liability is - except in cases of intentional or grossly negligent conduct or in the case of damage resulting from injury to life, body, or health and breach of essential contractual obligations (cardinal obligations) - limited to damages typically foreseeable at the time of conclusion of the contract and, moreover, in terms of amount, to the average damage typical for the contract. This also applies to indirect consequential damage such as, in particular, loss of profit.

9.3. Any further liability of the Seller is excluded.

9.4. The above liability provisions shall also apply accordingly for the benefit of the Seller's employees and vicarious agents.

10. Indemnification in the event of infringement of third-party rights

If, in accordance with the contract, the Seller owes the Customer not only delivery of the goods but also processing of the goods according to specific instructions provided by the Customer, the Customer must ensure that the content provided to the Seller for this purpose does not infringe any third-party rights. The contracting parties agree that the Customer shall indemnify the Seller against third-party claims in this connection, unless the Customer is not responsible for the infringement. The indemnification also includes the assumption of the reasonable costs of necessary legal defense, including all court costs and lawyers' fees in the statutory amount. The Customer is obliged, in the event of claims being asserted by third parties, to provide the Seller immediately, fully, and truthfully with all information required to examine the claims and mount a defense.

11. Redemption of promotional vouchers

11.1. Vouchers issued by the Seller free of charge as part of (advertising) 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, where applicable, be found on the promotional voucher.

11.3. Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

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 respective order must at least equal the amount of the promotional voucher. Any remaining credit will not be refunded by the Seller.

11.6. If the value of a promotional voucher is insufficient to pay for the respective order, one of the other offered payment methods may be used to pay the difference.

11.7. The credit of a promotional voucher is neither paid out nor does it bear 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 their statutory right of withdrawal.

11.9. Promotional vouchers are generally transferable.
The Seller may perform with discharging effect to the Customer who redeems the respective gift voucher. This does not apply if the Seller has knowledge or grossly negligent lack of knowledge of any lack of entitlement, legal incapacity, or lack of authority to represent on the part of the respective holder.

12. Applicable law

The law of the Federal Republic of Germany shall apply to the exclusion of the laws on the international sale of movable goods.
The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular of the state in which the Customer as a consumer has their 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 with its registered office within the territory of the Federal Republic of Germany, the Seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract.
If the Customer has its registered office outside the territory of the Federal Republic of Germany, the Seller's place of business shall be 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 bring proceedings before the court at the Customer's registered office.

14. Information on online dispute resolution

The EU Commission's platform for online dispute resolution 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.

15. Use of images and logos

Consent to the use of image material: The Customer agrees that the Provider may use photos, images, and/or other visual representations of the installed products as well as the Customer's company logo created during the project implementation for marketing purposes. This includes use on the Provider's website, in social media, brochures, and other advertising materials. The image material will explicitly not publish any sensitive data, persons, or anything else unrelated to the installed products.

Rights of the Provider: The Provider is entitled to use the image material in unedited or edited form in order to present the quality of the products and services and to show references. This may also include use in online and offline advertising.

Exceptions: The Customer may object at any time in writing or by email to the use of certain images or logos. In this case, the Provider will immediately delete the relevant material from online channels and will not continue to use it.

No compensation: The Customer will not receive any financial compensation for the use of the images or logos unless a separate agreement has been made.