ALLGEMEINE GESCHÄFTSBEDINGUNGEN
Houtendong UG
Chemnitzstr. 90
DE-22767 Hamburg
Represented by: Christian Götting
Register Court: Amtsgericht Hamburg
Register Number: HRB 129027
1. General
Contractual services and offers of Houtendong UG are made exclusively in accordance with the following terms and conditions. Having inspected these terms and conditions, the contracting partner agrees to their inclusion in the contract to be concluded with Houtendong UG.
The general terms and conditions of the contracting party do not constitute a part of the agreement between the parties, even if Houtendong UG does not explicitly object to it being included.
1.1. Terms of usage
The use of our website, in particular the conclusion of contracts, requires that you have full legal capacity and are at least 18 years old. If you are over 7 but not yet 18 years old, your parent or guardian must give their consent.
1.2. Copyright
All rights to the contents of our website (www.houtendong.com), including copyrights and related rights to designs, text, and images, will remain with us or the respective copyright holders. Copying or downloading contents or parts thereof is not permitted unless we agree in writing to their reproduction or use.
Despite careful examination, we accept no liability for the accuracy, completeness, and current validity of the content on our website, in emails, newsletters, or other promotional materials, since these are exclusively for information and advertising purposes and are not binding.
The goods offered in the online shop are displayed in the form of digital photographs whose presentation may differ slightly from reality. This is not a defect of the ordered goods.
1.3. Liability for links to other websites
Insofar as our website refers or links to the websites of third parties, we cannot accept any responsibility or liability for the accuracy or completeness of the contents and the data security of these sites. As we have no influence on compliance with data protection regulations by third parties, you should separately examine the privacy statements offered in each case.
Responsible for their own editorial content of Houtendong UG pursuant to § 5 TMG / § 55 RStV: Christian Götting
2. Conclusion of contract
With your order, you are making a binding offer to us to enter into an agreement with you. We can accept this offer by sending you an order confirmation via email, or by delivering the ordered goods. First you will receive a confirmation of receipt of your order by email to the specified email address (order confirmation). However, a sales agreement is not concluded until we have sent you our order confirmation via email or have delivered the ordered goods.
When ordering through our online store, the ordering process comprises 3 steps. In the first step, select the desired goods. In the second step, check the contents of your shopping cart; you also have the opportunity to calculate shipping costs. In the third step, enter your customer data, including billing address, and delivery address if different, and choose how you wish to pay before you place your order with us by clicking “Place Order”.
2.1. Storage of contract
We store the wording of your order agreement. You can print it before you place your order with us by clicking on “Print” in the last step of your order. We will also send you an invoice and order confirmation with all order data and our general terms and conditions to the email address you have provided.
3. Pricing, shipping and handling
3.1. Pricing
All prices are final. They include VAT/sales tax, shipping costs extra. Products that are sent within the EU are subject to VAT/sales tax; the same applies to shipping costs. The VAT/sales tax amount is stated on the invoice. Please note that additional costs, such as import duties or taxes, may apply for delivery outside the EU. These costs shall be borne by the recipient. Since we have no influence on the nature and extent of these costs and cannot comment on this, please contact your local authorities for more information.
3.2. Shipping and handling
Shipping costs are €4.50 per order for delivery within Germany. Shipping within Germany is free for orders with a product value of at least €40.00. Shipping costs are €8.90 per order for deliveries outside Germany.
3.3. Shipping costs in case of revocation
If you make use of an existing right of revocation, we pay the shipping costs for a return from within Germany. For returns from outside Germany, you shall bear the direct cost of returning the goods.
4. Terms of delivery
The delivery times specified in the offer apply. They begin with the receipt of payment. For delivery on account or payment by direct debit, the delivery times start with the acceptance of the contract on the part of the company. Houtendong delivers to many countries worldwide; please refer to our website for information on countries of destination and anticipated delivery times.
5. Payment
Payment will be made either as a prepayment through advance bank transfer, via PayPal, or by credit card. We reserve the right to exclude individual payment types. If you choose the prepayment option, we will give you our bank details in the order confirmation. The invoice amount is to be paid to our account within 10 days.
6. Reservation of proprietary rights
The delivered goods remain our property until all claims have been fully paid.
7. Warranty
The warranty is based on statutory provisions. When claims are submitted, we ask that you send proof of payment (a copy of the invoice) and the articles in question to:
Houtendong UG
Chemnitzstr. 90
DE-22767 Hamburg
The statutory warranty provisions shall apply for defects in the supplied goods. Please be aware that used or worn goods do not establish a warranty claim.
The contracting party is obliged to inspect the goods immediately upon arrival for damage in transit and obvious defects and to inform us about them without delay. Non-compliance with this examination and reporting obligation has no consequences for the customer’s statutory warranty claims.
8. Right of revocation
The right of revocation explained below does not apply in exercising a commercial or independent professional activity, i.e. at organizations within the meaning of § 14 BGB.
You have the right to revoke from this contract within 14 days without giving any reason.
The revocation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right of revocation, you must inform us (Houtendong UG, Stresemannstr. 144, DE-22769 Hamburg) of your decision to revoke from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use a model revocation form provided by Houtendong, but it is not obligatory.
To meet the revocation deadline, it is sufficient for you to send your communication concerning your exercise of the right of revocation before the revocation period has expired.
Effects of revocation
If you revoke from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to revoke from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your revocation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. We will bear the cost of returning the goods when shipping from Germany. You will have to bear the direct cost of returning the goods when shipping from outside of Germany. You only have to pay for any diminished value of the goods if this diminished value is due to handling of the goods that is unnecessary to ascertain their nature, properties, and functioning, and which goes beyond testing the properties and functioning. What is meant by “testing the properties and functioning” is testing and trying out the goods in question, such as would be possible and common in a retail shop.
9. Liability
We shall be liable for damages caused by simple negligence, insofar as this negligence concerns the breach of contractual obligations whose fulfillment is of particular importance for the attainment of the intent of the contract (cardinal obligations). However, we are only liable insofar as the damages are foreseeable and typically associated with a contract of this type. In general, we are not liable for simple negligent breaches of contractually inessential secondary obligations.
Any further liability is excluded, regardless of the legal nature of the asserted claim.
Our liability is limited in its amount to foreseeable damage, typical for this type of contract, and shall in any event not exceed the value of the order in question. Furthermore, in the case of simple negligence we are not liable for lost profits, or for indirect and consequential damages.
The stated liability limitations shall not apply to damages resulting from death or physical injury to body or health, in the event of the absence of a guaranteed quality, or for claims under the Product Liability Act.
Insofar as our liability is excluded or limited under this section, this also applies to the personal liability of our legal representatives, employees, and agents.
10. Privacy
In this section, we inform you of the legal basis of our data processing and provide you with further information on the collection, processing and storage of your data in accordance with Art. 13 GDPR.
10.1. Definitions
The terms used below are based on the definitions in Art. 4 of the General Data Protection Regulation (GDPR).
For a better understanding some terms will be explained briefly:
‘Personal Data’ means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
‘Processing’ means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
‘Controller’ means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
‘Processor’ means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
‘Third Party’ means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
‘Consent’ of the data subject means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
10.2. Legal bases
Art. 6 para. 1 lit. a and Art. 7 GDPR serve as the legal basis for obtaining consent to the processing of personal data. The contractual measures necessary to fulfil the service are carried out on the basis of Art. 6 para. 1 lit. b GDPR; the processing required to fulfil our legal obligation is carried out in accordance with Art. 6 para. 1 lit. c GDPR. The legal basis for the processing of personal data to protect our legitimate interests is Art. 6 para. 1 lit. f GDPR.
10.3. Purpose of processing
When using our online offer, as well as during the initiation, conclusion, performance, and rescission of a purchase agreement, we collect, store, and process data in accordance with the statutory provisions pursuant to Art. 6 para. 1 lit. b and c GDPR.
This data includes inventory data (e.g. name, address), contact data (e.g. e-mail), contract data and payment data of our customers, prospective customers and other business partners, which are necessary for the provision of contractual services in the context of the operation of our online offer (e.g. billing and delivery). We use so-called “session cookies” (see section 10.8.) for this purpose.
The personal data that you provide us, such as when ordering or by e-mail (e.g. your name and contact information), will be processed only for correspondence with you and only for the purpose for which you have given us the data. We only share your information with the shipping company commissioned with the delivery, to the extent necessary to deliver the goods. We have to pass the relevant data on to the authorized banking institution to process payments.
We assure you that we will not pass on your personal data to third parties unless we are legally obliged to do so or you have previously given your express consent. If we employ service providers for the performance and handling of processing procedures, we shall comply with the provisions of the GDPR and the Federal Data Protection Act.
10.4. Contractors and third parties
If data transmission or the granting of data access by a processor or a third party, e.g. a payment service provider or a mail order company, is necessary for the performance of contractual services, this is done on the basis of Art. 6 Para. 1 letter b GDPR, your consent, legal obligation or our legitimate interest. If we place an order for data processing by third parties, this is done in accordance with Art. 28 GDPR.
The processing of data in a third country (i.e. outside the EU or the EEA), e.g. by disclosure or transfer of data to third parties or by the use of services of third parties, is carried out only for the implementation of contractual measures and on the basis of your consent, legal obligation or our legitimate interest. Moreover, data processing in a third country is carried out exclusively in accordance with Art. 44 ff. GDPR and thus guarantees compliance with the European data protection level .
10.5. Duration of storage
Personal data which have been submitted to us via our website will be deleted in accordance with Articles 17 and 18 GDPR or their processing will be restricted or stored only until the purpose for which they were entrusted to us has been fulfilled. Insofar as retention periods under commercial and fiscal law have to be observed, the duration of the storage of certain data can be up to 10 years.
10.6. Your rights
If you no longer agree to the storage of your personal data, you have the right to revoke the consent granted pursuant to Art. 7 Para. 3 GDPR.
In accordance with Art. 15 ff. GDPR you have the right to obtain confirmation as to whether or not personal data are being processed. Upon request, you can receive free information about all personal information about you that we have stored.
In accordance with Art. 17 GDPR, you also have the right to obtain the erasure of personal data without undue delay or to demand a restriction of processing of your personal data in accordance with Art. 18 GDPR. We will arrange the deletion or restriction of the processing of your data in accordance with the statutory provisions upon instruction.
In accordance with Art. 20 GDPR, you also have the right to request that the personal data provided to us be received in a structured, commonly used and machine-readable format and to transmit those data to another controller.
In addition, pursuant to Article 21 of the GDPR, you have the right to object to the future processing of data concerning you.
Furthermore, according to Art. 77 GDPR, you have the right to lodge a complaint with a supervisory authority if you consider that the processing of personal data relating to you infringes the GDPR.
If you have questions regarding the collection, processing, or use of your personal data, or for information, correction, blocking, or deletion of data, please contact us at:
Houtendong UG
Chemnitzstr. 90
DE-22767 Hamburg
10.7. Use of the website
When you visit our website, we record the IP address currently used by your computer, the date and time, the type of browser and operating system, the referrer URL and the pages you view (see section 10.9.). However, it is not possible for us to draw conclusions about personal data in this way, nor is it our intention to do so.
When contacting us via the form on our website, the data provided there will be processed in accordance with Art. 6 Para. 1 letter b GDPR and stored for as long as it is necessary for processing or must be kept in accordance with statutory archiving obligations.
10.8. Use of cookies
‘Cookies’ are small text files that are stored on your computer and primarily serve to store information about your use of our website. A distinction is made between temporary cookies (“session cookies”), permanent cookies and third party cookies. Temporary cookies are used, for example, to save the contents of your shopping basket and are deleted when you close your browser or leave the website. With the help of permanent cookies, for example, the login status can be stored; these cookies remain stored even after the browser is closed. So-called “third party cookies” refer to cookies from providers other than the operator of the online offer and can be used, among other things, for range measurements or for marketing purposes.
In the system settings of your browser you have the possibility to delete stored cookies and to deactivate the storage of cookies on your computer. However, this can lead to functional restrictions of our online offer.
10.9. Hosting
To provide our online services, we use the services of a hosting provider, which include infrastructure services (database services and webspace), security and technical maintenance services. We or our hosting provider process the data of visitors and customers of our online offer in accordance with Art. 6 Para. 1 lit. f GDPR in conjunction with Art. 28 GDPR. This data includes inventory data (e.g. name, address), contact data (e.g. e-mail), contract data and payment data.
In addition, due to our legitimate interest pursuant to Art. 6 para. 1 lit. f. GDPR, from us or our hosting provider collected access data of users of our website is stored in server log files. These user data include browser type and version, user’s operating system, date and time of access, the referrer URL, i.e. the previously visited page from which our website was accessed, the IP address, the user’s provider and other data used for risk prevention.
When our hosting provider saves the IP address, the last block of the IP address is made anonymous before it is saved in the log file.
10.10. Newsletter
We offer you the possibility to subscribe to our newsletter to receive e-mails with promotional information (newsletter) from us.
The dispatch of the newsletter requires your consent, which you can revoke at any time. All you need to register is your e-mail address. Registration is based on the double opt-in procedure, in which you will receive an e-mail after registration asking you to confirm your registration. This process is logged to meet the requirements for protection against misuse of e-mail addresses. For this reason, the time of registration as well as its confirmation and the IP address of the applicant are stored with our service provider.
You can cancel your subscription at any time by clicking on the unsubscribe link at the end of each newsletter. You can also unsubscribe from the newsletter at any time directly on our website using the contact form.
We send our newsletter through the service provider “MailChimp”, a marketing platform of the US provider Rocket Science Group, LLC (675 Ponce De Leon Ave NE #5000, Atlanta, GA 30308, USA). The data protection regulations of MailChimp can be viewed under the following link: https://mailchimp.com/legal/privacy/. The Rocket Science Group LLC is certified under the Privacy Shield Agreement which guarantees compliance with the European data protection level (https://www.privacyshield.gov/participant?id=a2zt0000000TO6hAAG&status=Active).
MailChimp may use data that cannot be assigned to a specific user by pseudonymization to optimize its own service or statistical analysis, but may not use the data to send its own newsletters or pass them on to third parties.
It is in our interest to be able to offer you a user-friendly and secure newsletter service. To improve our service, our newsletters contain a so-called “web beacon” which helps to carry out a statistical evaluation. For this purpose, a miniature graphic, the “web-beacon”, is embedded in the newsletter, that enables log file recording and analysis by downloading the corresponding graphic from the server of our service provider when opening the newsletter. Through this process it can be recorded whether and when a newsletter was opened, which links were opened, which operating system or which browser and which IP address were used by the user. These data are stored by our service provider and serve us exclusively for the purpose of optimizing and adjusting the offer.
Google Analytics
This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google is certified under the Privacy Shield Agreement which guarantees compliance with the European data protection level (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).
Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website will be transmitted to and stored by Google on servers in the United States.
Google will use this information on behalf of the operator of this website for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing them other services relating to website activity and internet usage. Google may also transfer this information to third parties if this is required by law or if third parties process this data on behalf of Google.
You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website.
Google Analytics is only used with activated IP anonymisation, i.e. your IP address will be truncated within the area of Member States of the European Union or other parties to the Agreement on the European Economic Area. Only in exceptional cases the whole IP address will be first transfered to a Google server in the USA and truncated there. The IP-address, that your Browser conveys within the scope of Google Analytics, will not be associated with any other data held by Google.
Users’ personal data will be deleted or made anonymous after 14 months.
By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.
To prevent Google from collecting and processing data, you can download a browser plug-in from the following link: http://tools.google.com/dlpage/gaoptout?hl=de
Further details regarding the use of data by Google, as well as possibilities for objection can be found in the data protection declaration and the settings for advertising by Google:
https://policies.google.com/technologies/ads
https://adssettings.google.com/authenticated
11. Applicable law
This contract, as well as the entire legal relationship between the parties, is subject to the laws of the Federal Republic of Germany under the exclusion of the UN Sales Convention (CISG). This choice of law only applies for a consumer insofar as no compelling statutory provisions of the state in which he has his domicile or habitual residence are thereby restricted.
We may change these general terms and conditions at any time. You will be made aware of such changes on our website with due notice before they become effective.
If any provision of this contract is or becomes ineffective or contains a loophole, the remaining provisions shall remain unaffected.
The court of jurisdiction is Hamburg.
May 2018
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This text is a translation of the German Terms and Conditions. In case of discrepancies between the German version and the English translation, the German version shall prevail.