AGB

In the context of purchase contracts concluded via the platform hunidesign.com

Between

HUNI GmbH, Weingartenstraße 52a, 65795 Hattersheim, Germany, Email Address: mona@hunidesign.com, registered in the commercial register of the local court Frankfurt am Main under HRB 116767, represented by the CEO Mona Thomas, VAT ID No.: DE331024607

- hereinafter referred to as "Provider" –

and

the customer referred to in § 2 of these terms and conditions

- hereinafter referred to as "Customer" –

 

§1 Scope and Definitions

(1) For the business relationship between the webshop provider ("Provider") and the customer, the following General Terms and Conditions exclusively apply in their valid version at the time of ordering. Deviating general terms and conditions of the customer will not be accepted, unless the provider expressly agrees to their validity in writing.

(2) The customer is a consumer as far as the purpose of the ordered deliveries and services cannot predominantly be attributed to his commercial or self-employed professional activity. In contrast, an entrepreneur is any natural or legal person or legal partnership capable of acquiring rights and incurring liabilities that acts in the exercise of its commercial or independent professional activity when concluding the contract.

§2 Conclusion of Contract

(1) In the event of the conclusion of the contract, the contract is concluded with the aforementioned provider HUNI GmbH.

(2) The conclusion of the contract takes place in German or English. The customer can choose between the languages.

(3) The presentation of the goods in the provider's webshop does not represent a legally binding offer by the provider.

(4) The customer submits a binding contract offer by successfully completing the order procedure provided in our webshop. The order procedure proceeds in the following steps:

 a) The customer selects the goods from the assortment and collects them in a virtual shopping cart via the "Add to Cart" button.

 b) The content of the shopping cart can be viewed and modified at any time by clicking on the corresponding shopping cart symbol or by clicking on the word "Shopping Cart" in the menu bar.

c) To continue the ordering process, the customer must click on the "Checkout" button to start entering personal data.

 d) In the "Shipping" section, the entered shipping information and the corresponding shipping method are displayed for review.

 e) In the "Payment" section, you will be prompted to provide your data for the credit card payment method or to authenticate yourself via your PayPal user account and complete the ordering process via PayPal.

 f) Via the "Review Order" button, you have the opportunity to finally review all entered data and, if necessary, to change or cancel it. You can also cancel the ordering process at any time by closing your internet browser.

 g) By clicking the "Pay Now" button, you submit a binding offer to conclude a purchase contract for the products last placed in the shopping cart.

 h) Alternatively, we offer an "Express Checkout" using shop Pay, PayPal, Apple Pay, or Google Pay. If you are registered with one of these payment service providers, you can authenticate yourself via your shop Pay, PayPal, Apple Pay, or Google Pay user account and complete the ordering process via one of these providers.

(5) The provider confirms receipt of the order immediately by an automatically generated email ("Receipt Confirmation"). This receipt confirmation does not constitute acceptance of the binding offer by the customer; it merely documents that the order has been received by the provider.

(6) A contract is concluded when the provider confirms the customer's offer by email (Order Confirmation) or sends a shipping confirmation by email.

(7) If the customer has not received a purchase confirmation or shipping confirmation five days after ordering, the offer is considered rejected, and the customer is no longer bound to his offer (his order). If a purchase or shipping confirmation is received after these five days, this constitutes an acceptance of the offer by the provider.

(8) Upon conclusion of the contract, the provider sends the customer the revocation instruction with revocation form and the General Terms and Conditions, which he has already read and can view at any time on the provider's homepage (hunidesign.com).

(9) So-called order bots are prohibited, and each customer may place a maximum of 3 (in words: three) orders per day.

 §3 Prices and Shipping Costs

(1) All prices stated on the website of the provider include the respectively applicable statutory value-added tax.

(2) The corresponding shipping costs are indicated to the customer in the order form and are to be borne by the customer. The shipping costs may vary depending on the place of delivery, weight, size, and other special characteristics of the ordered goods (e.g., increased fragility). For partial deliveries at the customer's request, shipping costs are incurred for each partial delivery.

(3) The goods are shipped by postal service. The shipping risk is borne by the provider if the customer is a consumer.

(4) In the event of revocation, the customer must bear the immediate costs of returning the goods.

 §4 Payment Modalities

(1) The customer can make payment by credit card, PayPal, shop Pay, Google Pay, and - if available and using the Safari browser - by Apple Pay.

(2) The payment of the purchase price is due immediately upon conclusion of the contract. If the payment is due according to the calendar, the customer is already in default by missing the deadline. In this case, he has to pay the provider default interest at a rate of 5 percentage points above the base interest rate for the year.

(3) The customer's obligation to pay default interest does not exclude the assertion of further default damages by the provider.

(4) It is noted that when using payment modalities via external payment providers, redirection to external websites may occur, and additional costs may be incurred by the respective providers.

 §5 Delivery and Product Availability

(1) The delivery times stated by the provider are calculated from the time of our order confirmation (possibly also shipping confirmation), provided that prior payment has been made. If no or no different delivery time is specified for the respective product in our online shop, it is two (for Germany and EU countries) to a maximum of ten weeks (non-EU countries).

(2) If no products selected by the customer are available at the time of the customer's order, the provider will inform the customer of this immediately in the order confirmation. If the product is permanently unavailable, the provider refrains from making a declaration of acceptance. In this case, a contract is not concluded.

(3) If the product specified by the customer in the order is temporarily unavailable, the provider will also inform the customer of this immediately in the order confirmation. In this case, the customer has a right of withdrawal, but must exercise it within three working days. Otherwise, he is bound by the contract.

(4) The order of textile products is processed by our cooperation partners Extramile Live Service GmbH & Majamo GmbH. The shipping and return management is carried out by Extramile Live Service GmbH & Majamo GmbH. In the case of returns, the customer must use the return portal of Majamo GmbH. All customers can access the return portal via the link: https://hunidesign.com/pages/returns. The necessary data for processing is provided by HUNI GmbH to Extramile Live Service GmbH & Majamo GmbH. The customer expressly agrees to this data transfer. Customer data is not stored by Extramile Live Service GmbH & Majamo GmbH.

 §6 Retention of Title

 Until full payment has been made, the delivered goods remain the property of the provider.

 §7 Warranty for Defects in Goods and Guarantee

(1) The provider is liable for defects in goods in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. For goods delivered by the provider, the warranty period for entrepreneurs is 12 months.

(2) An additional guarantee exists for goods delivered by the provider only if it has been expressly given in the order confirmation for the respective item.

 §8 Liability

(1) Claims of the customer for damages are excluded. This does not apply to claims for damages by the customer resulting from injury to life, body, health, or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages resulting from intentional or grossly negligent breach of duty by the provider, its legal representatives, or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.

(2) In the event of a breach of essential contractual obligations, the provider shall only be liable for the typical, foreseeable damage if this was caused by simple negligence, unless it concerns claims for damages by the customer resulting from injury to life, body, or health.

(3) The limitations of paragraphs 1 and 2 also apply in favor of the legal representatives and vicarious agents of the provider if claims are asserted against them directly.

(4) The liability limitations resulting from paragraphs 1 and 2 do not apply if the provider has maliciously concealed the defect or has assumed a guarantee for the quality of the item. The same applies if the provider and the customer have made an agreement on the quality of the item. The provisions of the Product Liability Act remain unaffected.

 §9 Final Provisions

(1) Contracts between the provider and the customer are subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. The statutory provisions regarding the restriction of choice of law and the applicability of mandatory provisions, in particular of the country in which the customer has his habitual residence as a consumer, remain unaffected.

(2) If the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.

(3) The European Commission provides a platform for online dispute resolution, which can be found here: http://ec.europa.eu/consumers/odr/. The seller does not participate in dispute resolution proceedings before a consumer arbitration board.

(4) If male personal nouns and male personal pronouns have been used, all other genders are also meant. For reasons of readability and understanding, the so-called "gendering" has been omitted here.