Terms & Conditions

General terms and conditions with customer information

1. Scope of application
2. Conclusion of contract
3. Prices and terms of payment
4. Terms of delivery and dispatch
5. Right of withdrawal
6. Reservation of title
7. Warranty
8. Liability
9. Exemption in case of infringement of third party rights
10. Redemption of campaign vouchers
11. Applicable law
12. Place of jurisdiction
13. Information on online dispute resolution

1. Scope of application

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

1.2 A consumer is any natural person who concludes a legal transaction for a purpose that can predominantly be attributed neither to his commercial nor his self-employed 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 his commercial or independent professional activity.

2. Conclusion of contract

2.1 The presentation of the goods, especially in the online shop, does not constitute a binding offer by the seller.

2.2 First of all, the customer places the selected goods in the shopping basket. In the subsequent step, the ordering process begins, in which all 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 confirmation of this order and contract data by clicking on the button concluding the ordering process does the Customer submit a binding offer to purchase the goods contained in the shopping basket.

The customer can also submit this offer to the seller by fax, e-mail, post or telephone.

2.3 The seller accepts the customer's offer by the following possible alternatives:

- Sending a written order confirmation or an order confirmation in text form (fax or e-mail)

or

- Request for payment to the customer after placing the order

or

- Delivery of the ordered goods

The date of acceptance is determined by the first alternative that occurs.

The period for acceptance of the offer begins on the day after the offer is sent by the Customer 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 shall constitute rejection of the offer. The Customer is then no longer bound by his declaration of intent.

2.4 The text of the contract concluded between the Seller and the Customer is stored by the Seller. The text of the contract is stored on the Seller's internal systems. The Customer can view the General Terms and Conditions of Business on this page at any time. The order data, the cancellation policy and the General Terms and Conditions are sent to the customer by email. After completion of the order, the contract text is accessible to the Customer free of charge via his customer login, provided that he has opened a customer account.

2.5 All entries made are displayed before clicking on 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, the Customer may use buttons for correction, if available, which are labeled accordingly.

2.6 The contractual 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 concerning this order can be delivered.

3. Prices and terms of payment

3.1 The prices shown are final prices including the statutory value added tax, unless otherwise agreed.

If additional shipping costs are incurred, this can be found in the product description. 3.2 The customer can select the payment methods available in the online shop.

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

3.4 In case of payment by "PayPal", the payment will be processed by PayPal (Europe) S.à rl et Cie, SCA, 22- 24 Boulevard Royal, L-2449 Luxembourg. The terms of use of Paypal apply. These can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.

3.5 In case of payment on account, the purchase price is due after delivery of the goods and invoicing. The purchase price is payable 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 in the event of a negative credit check. The buyer is free to choose other methods of payment.

3.6 In the case of payment via "PayPal Direct Debit", the collection of the claim by PayPal will take place after the issue of a SEPA Direct Debit Mandate and after the expiry of the period for advance information on behalf of the Seller from the Customer's bank account. A pre-information notice is the seller's announcement to the customer that his account will be debited by SEPA direct debit and may take the form of an invoice or

contract. If the direct debit cannot be honored due to insufficient funds in the account or due to the provision of incorrect bank details, or if the Customer objects to the direct debit without being entitled to do so, the Customer shall bear the fees arising from the chargeback by the respective bank 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 In the case of payment on account via "PayPal invoice", the payment is processed by PayPal. The purchase price is due after delivery of the goods and is payable to PayPal within 30 days of receipt of the invoice, unless another payment term is specified.

The purchase on account requires a successful credit check by PayPal.

If the customer is allowed to make the purchase on account after checking the creditworthiness, the seller assigns his claim to PayPal, therefore payment 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 method of payment.

in all other respects, the General Terms of Use for the use of invoice purchase from PayPal: https://www.paypal.com/de/webapps/mpp/ua/pui-terms.

4. Terms of delivery and dispatch

4.1 The delivery of goods on the dispatch route is made to the delivery address indicated by the customer. Notwithstanding this, in the case of payment by PayPal, the delivery address deposited by the Customer with PayPal at the time of payment shall be decisive.

4.2 Delivery by a forwarding agent is "free kerbside", i.e. up to the public kerbside nearest to the delivery address. This shall only apply if nothing to the contrary results from the Seller's shipping information and nothing else has been agreed.

4.3 If the Seller incurs additional costs due to the provision of an incorrect delivery address or an incorrect addressee or other circumstances that lead to the impossibility of delivery, these costs shall be reimbursed by the Customer, unless the Customer is not responsible for the incorrect information or impossibility of delivery. The same applies to the

In the event that the Customer was temporarily prevented from accepting the performance, unless the Seller has given him reasonable prior notice of the performance. Excluded from this regulation are the costs of sending the goods if the customer has effectively exercised his right of withdrawal. In this case, the statutory provision or the provision made by the seller shall remain in force.

4.4 The risk of accidental loss and accidental deterioration of the sold goods shall pass to the customer as soon as the seller has delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment, if the customer is a business. If the customer is a consumer, the transfer of risk shall generally only take place when the goods are handed over to the customer or a person authorized to receive the goods.

Notwithstanding this, the transfer of risk, even in the case of consumers, shall take place as soon as the Seller has delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment, if the Customer has commissioned the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment with the execution itself and the Seller has not previously designated this person or institution to the Customer.

4.5 The conclusion of the contract is subject to the reservation that in the event of incorrect, delayed or non-delivery by our own suppliers, we shall not be able to perform or perform only partially or correspondingly later. This shall only apply in the event of a congruent hedging transaction between the Seller and the Supplier, if the Seller is not responsible for the incorrect, delayed or missing self-delivery and

cannot be remedied by him with reasonable effort. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately. Any payment made will be refunded immediately.

4.6 Self-collection is not offered.

4.7 Vouchers are provided to the customer in the following form:

- by email

- by downloading

- by email

5. Right of withdrawal

5.1 If the customer is a consumer, he is generally entitled to a right of withdrawal.

5.2 The right of revocation is governed by the seller's revocation policy.

6. Reservation of title

6.1 In the case of contracts with consumers, the goods remain the property of the seller until full payment has been made.

6.2 In the case of 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.

6.3 If the customer acts as an entrepreneur, he is entitled to resell the reserved goods in the ordinary course of business.

The customer 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 shall apply regardless of whether the reserved goods have been 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 fulfills his payment obligations to the seller, does not default in payment and no application for the opening of insolvency proceedings against the customer has been made.

7. Warranty

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

7.1 If the customer acts as an entrepreneur

- the seller has the choice of the type of supplementary performance;

- the rights and claims due to defects are generally excluded for used goods;

- the limitation period for defects in new goods is two years from the transfer of risk;

- the statute of limitations does not begin again if, within the scope of liability for defects, a

replacement delivery has been made.

7.2 If the customer acts as a consumer, the following applies to used goods with the restriction of the following clause: Claims for defects are excluded if the defect only occurs after two years from delivery of the goods. Defects that occur within two years of delivery of the goods can be asserted within the statutory period of limitation.

7.3 The above-mentioned limitations of liability and shortening of the limitation period shall not apply

- for items that have been used for a building in accordance with their usual purpose and have caused its defectiveness,

- for damages to life, body or health caused by the Seller's culpable conduct and for damages caused by gross negligence or intent

- or in case of fraudulent intent on the part of the Seller as well as in case of claims pursuant to §§ 478, 479 BGB.

7.4 The statutory limitation periods for the right of recourse of an entrepreneur § 478 BGB remain unaffected.

7.5 If the customer acts as a merchant within the meaning of § 1 HGB (German Commercial Code), the customer shall be subject to the commercial duties of inspection and notification of defects in accordance with § 377 HGB.

7.6 If the customer acts as a consumer, he is requested to complain about received goods with obvious transport damages to the deliverer and to inform the seller about it. 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. Liability

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

8.1 The Seller shall only be liable without limitation for damages resulting from intentional or grossly negligent conduct.

In the event of injury to life, body and health and the violation of essential contractual obligations (cardinal obligations), the Seller shall also be liable for 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 relies and may rely.

The seller is also liable as above on the basis of a guarantee promise, unless otherwise provided for in this respect.

This also applies to indirect consequential damages such as, in particular, lost profits and for mandatory liability such as under the Product Liability Act.

8.2 Except in the case of wilful or grossly negligent conduct or in the case of damages resulting from injury to life, body and health and the breach of material contractual obligations, liability shall be limited to the amount of the damage.

(cardinal obligations) - shall be limited to the damages typically foreseeable at the time of conclusion of the contract and otherwise to the average damages typical for the contract. This also applies to indirect consequential damages such as, in particular, loss of profit.

8.3 Any further liability of the seller is excluded.

8.4 The above liability provisions shall also apply analogously in favor of the Seller's employees and vicarious agents.

9. Exemption in case of infringement of third party rights

Insofar as the Seller owes the Customer in accordance with the contract not only the delivery of the goods but also the processing of the goods according to certain specifications of the Customer, the Customer shall ensure that the contents provided by the Customer to the Seller for this purpose do not infringe the rights of third parties. The parties to the contract agree that the Customer shall indemnify the Seller against claims of third parties in this connection, unless the Customer is not responsible for the infringement of rights. This indemnification shall also include the assumption of the reasonable costs of the necessary legal defense, including all court and attorney's fees in the statutory amount. In the event of a claim by a third party, the customer is obliged to provide the seller immediately, completely and truthfully with all information required for the examination of the claims and a defense.

10. Redemption of campaign vouchers

10.1 Vouchers that the Seller issues free of charge as part of (advertising) campaigns with a certain period of validity and that the Customer cannot purchase ("campaign vouchers") can only be redeemed in the Seller's online shop and only within the period specified by the seller.

10.2 Individual products may be excluded from the voucher promotion.

The specific restrictions, if any, are set out in the promotion voucher.

10.3 Promotional vouchers can only be redeemed before the order process is completed. There will be no subsequent charging.

10.4 Only one promotion voucher can be redeemed per order. It is not possible to redeem several campaign vouchers in one order.

10.5 The value of the goods in the respective order must be at least the amount of the promotion voucher. Any remaining credit will not be refunded by the seller.

10.6 If the value of a promotion voucher is insufficient to pay for the respective order, one of the other payment methods offered can be used to settle the difference.

10.7 The credit balance of a promotion voucher is neither paid out nor subject to interest.

10.8 The promotion voucher will also not be refunded if the customer returns the goods paid for in full or in part with the promotion voucher within the scope of his statutory right of revocation.

10.9 Promotional vouchers are generally transferable.

The seller may, with discharging effect, address the customer who redeems the respective gift voucher,

performance. This shall not apply if the Seller has knowledge or grossly negligent ignorance of the possible non-authorization, incapacity or lack of authorization to represent the respective owner.

11. Applicable law

The law of the Federal Republic of Germany applies, excluding the laws on the international purchase of movable goods.

The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular those of the state in which the customer as a consumer has his habitual residence, remain unaffected.

12. 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 in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's registered office. If the Customer has its registered office outside the territory of the Federal Republic of Germany, the Seller's registered office 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 above-mentioned cases, the seller is also entitled to appeal to the court at the customer's registered office.

13. Information on online dispute resolution

The EU Commission's online dispute resolution platform is available on the Internet at the following link: h ttps://ec.europa.eu/odr

We are neither obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.