General Terms and Conditions (GTC)
governing purchase agreements concluded via the platform hunidesign.com
between
HUNI GmbH, Weingartenstraße 52a, 65795 Hattersheim, Germany,
Email: mona@hunidesign.com
registered in the commercial register of the Local Court Frankfurt am Main under HRB 116767,
represented by the Managing Director Mona Thomas,
VAT ID: DE331024607
– hereinafter referred to as the “Provider” –
and
the customer defined in § 2 of these GTC
– hereinafter referred to as the “Customer” –
§ 1 Scope of Application and Definitions
(1) The following General Terms and Conditions (GTC), in the version valid at the time of the order, shall apply exclusively to the business relationship between the webshop provider (the "Provider") and the customer. Any deviating general terms and conditions of the ordering party shall not be recognized unless the Provider expressly agrees to their applicability in writing.
(2) A customer is deemed to be a consumer insofar as the purpose of the ordered deliveries and services cannot be predominantly attributed to their commercial or independent professional activity. Conversely, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or independent professional activity.
§ 2 Conclusion of Contract
(1) Upon the conclusion of a contract, the contract is formed with the aforementioned provider, HUNI GmbH.
(2) The contract is concluded in either German or English. The customer may choose between these languages.
(3) The presentation of goods in the provider's webshop does not constitute a legally binding offer on the part of the provider.
(4) The customer submits a binding contractual offer by successfully completing the ordering procedure provided in our webshop. The ordering procedure proceeds in the following steps:
a) The customer selects the goods from the product range and collects them in a virtual shopping cart by clicking the "Add to Cart" button.
b) The contents of the shopping cart may be viewed and modified at any time by clicking on the corresponding shopping cart icon.
c) To continue the ordering process, the customer must click the "Checkout" button to begin entering their personal details.
d) In the "Shipping" section, the entered shipping information as well as the selected shipping method are displayed for review.
e) In the "Payment" section, you are prompted to enter your details for the credit card payment method, or to authenticate yourself via your PayPal user account and complete the ordering process through PayPal.
f) By clicking the "Review Order" button, you have the opportunity to perform a final review of all entered data and, if necessary, to modify it or cancel the process. You may 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 currently contained in your shopping cart.
h) Alternatively, we offer an "Express Checkout" option via Shop Pay, PayPal, Apple Pay, or Google Pay. If you are registered with one of these payment service providers, you may verify your identity using your Shop Pay, PayPal, Apple Pay, or Google Pay user account and complete the ordering process through one of these providers.
(5) The Provider shall acknowledge receipt of the order immediately via an automatically generated email (the "Acknowledgement of Receipt"). This Acknowledgement of Receipt does not constitute an acceptance of the Customer's binding offer; it merely serves to document that the order has been received by the Provider.
(6) A binding contract is concluded when the Provider confirms the Customer's offer via email (Order Confirmation) or sends a Shipping Confirmation via email.
(7) Should the Customer fail to receive a Purchase Confirmation or Shipping Confirmation within 14 days of placing the order, the offer shall be deemed rejected, and the Customer shall no longer be bound by their offer (their order). Should a Purchase or Shipping Confirmation be issued after this 14-day period, it shall be deemed an offer made by the Provider.
(8) The use of so-called "order bots" is prohibited.
§ 3 Prices and Shipping Costs
(1) All prices listed on the Provider's website include the applicable statutory value-added tax.
(2) The corresponding shipping costs are indicated to the Customer on the order form and shall be borne by the Customer. Shipping costs may vary depending on the delivery destination, weight, size, and other specific characteristics of the ordered goods (e.g., increased fragility). In the event of partial deliveries requested by the Customer, shipping costs shall apply to each partial delivery.
(3) The goods are shipped via suitable shipping service providers. The Provider bears the shipping risk if the Customer is a consumer.
(4) In the event of a revocation, the Customer shall bear the direct costs of returning the goods.
(5) For deliveries to countries outside the European Union (third countries), additional costs—such as customs duties, import levies, taxes, or other fees—may apply and shall be borne by the Customer.
(6) The Customer is advised that, in the case of cross-border deliveries, such additional costs may also be invoiced retroactively.
§ 4 Payment Terms
(1) The customer may make payments via credit card, PayPal, Shop Pay, Google Pay, and—provided it is available and the Safari browser is being used—via Apple Pay.
(2) Payment of the purchase price is due immediately upon conclusion of the contract. If the payment due date is determined by the calendar, the customer shall be deemed in default simply by failing to meet the deadline. In such a case, the customer shall pay the provider default interest at a rate of 5 percentage points above the base interest rate per annum.
(3) The customer’s obligation to pay default interest does not preclude the provider from asserting further claims for damages resulting from the default.
(4) Please note that when using payment methods provided by external payment service providers, the customer may be redirected to external websites, and additional fees may be incurred by the respective providers.
§ 5 Delivery and Availability
(1) The delivery times specified by the Provider are calculated from the time of our order confirmation (or, where applicable, shipping confirmation), provided that prior payment has been received. If no delivery time—or a different delivery time—is specified for a particular product in our online shop, the delivery time may be up to 10 weeks.
(2) If, at the time of the Customer's order, no units of the selected product are available, the Provider shall immediately notify the Customer of this fact in the order confirmation. If the product is permanently unavailable, the Provider shall refrain from issuing a declaration of acceptance. Consequently, no contract is concluded in such a case.
(3) If the product specified by the Customer in the order is only temporarily unavailable, the Provider shall likewise immediately notify the Customer of this fact in the order confirmation. In this case, the Customer is entitled to a right of withdrawal; however, this right must be exercised within three business days. Otherwise, the Customer remains bound by the contract.
(4) Orders for textile products are processed by our cooperation partner, Majamo GmbH, Dept. HUNI GmbH, In der Welle 16, 49565 Bramsche, Germany (hereinafter referred to as "Majamo GmbH"). Shipping and returns management are handled by Majamo GmbH. For returns, the Customer must use the returns portal provided by Majamo GmbH. The Majamo GmbH returns portal can be accessed by the Customer at https://hunidesign.com/pages/returns. The data necessary for processing is provided to Majamo GmbH by HUNI GmbH. The Customer expressly consents to this transfer of data. Majamo GmbH does not store any customer data.
§ 6 Refusal of Acceptance (Non-EU Deliveries)
(1) If the customer refuses to accept a delivery for reasons attributable to their own sphere—in particular due to applicable customs duties, import levies, taxes, or other fees—this does not, in itself, constitute an unequivocal declaration of withdrawal. A mere refusal of acceptance, without a corresponding declaration submitted to the provider, does not serve as a substitute for the exercise of the right of withdrawal.
The statutory right of withdrawal remains unaffected by this provision.
(2) In such cases, the customer is obliged to bear all costs actually incurred by the provider as a result. These costs include, in particular, return transport costs, fees charged by shipping service providers, as well as customs duties, import levies, and other ancillary costs.
(3) The provider is entitled to deduct these costs from the purchase price to be refunded to the customer.
(4) If a specific itemized calculation is not possible in an individual case, or would involve disproportionate effort, the provider is entitled to apply a reasonable flat-rate amount. This amount typically totals:
a) for deliveries to the USA: Up to €50.00;
b) for other third countries: Up to €50.00.
(5) The provider reserves the right to provide evidence of higher actual damages. The customer is permitted to provide evidence that no damages were incurred at all, or that the actual damages were substantially lower.
§ 7 Returns from Non-EU Countries
(1) The Customer is advised that delays may occur during customs clearance in connection with the return of goods from third countries. The Provider has no influence over the duration or procedure of customs clearance.
(2) The Provider shall not be liable for delays in the return of goods resulting from processes within the scope of customs clearance or from circumstances falling within the sphere of responsibility of shipping service providers, customs authorities, or other third parties.
(3) In connection with the return of goods, the Customer is obliged to provide all information required for customs clearance completely and accurately, and to undertake any necessary acts of cooperation.
(4) If a return of goods cannot be delivered to the Provider—or cannot be delivered in a timely manner—due to incomplete, incorrect, or missing information provided by the Customer, a failure to undertake necessary acts of cooperation, or other circumstances within the Customer's sphere of responsibility, the Provider’s obligation to refund the purchase price shall be suspended until such time as the goods have been received by the Provider.
(5) The same shall apply if the return of goods is not received by the Provider—or is received only with a delay—for reasons lying outside the Provider's sphere of influence, particularly due to measures taken by customs authorities or shipping service providers.
(6) The Customer’s statutory rights shall otherwise remain unaffected.
§ 8 Retention of Title
Goods remain the property of the Provider until fully paid.
§ 9 Warranty and Guarantee
(1) The Provider shall be liable for material defects in accordance with the applicable statutory provisions, in particular Sections 434 et seq. of the German Civil Code (BGB). In relation to entrepreneurs, the warranty period for goods supplied by the Provider shall be 12 months.
(2) An additional guarantee regarding goods supplied by the Provider shall exist only if such a guarantee has been expressly provided in the order confirmation for the respective item.
§ 10 Liability
(1) Claims for damages by the Customer are excluded. Exceptions to this include claims for damages by the Customer arising from injury to life, body, or health, or from the breach of essential contractual obligations (cardinal obligations), as well as liability for other damages resulting from an intentional or grossly negligent breach of duty by the Provider, its legal representatives, or its vicarious agents. Essential contractual obligations are those the fulfillment of which is necessary to achieve the objective of the contract.
(2) In the event of a breach of essential contractual obligations, the Provider shall be liable only for the foreseeable damage typical for the contract, provided such damage was caused by simple negligence, unless the claim for damages by the Customer arises from injury to life, body, or health.
(3) The limitations set forth in Paragraphs 1 and 2 shall also apply for the benefit of the Provider’s legal representatives and vicarious agents, should claims be asserted directly against them.
(4) The limitations of liability resulting from Paragraphs 1 and 2 shall not apply insofar as the Provider has fraudulently concealed a defect or has assumed a guarantee regarding the quality of the item. The same applies insofar as the Provider and the Customer have reached an agreement regarding the quality of the item. The provisions of the Product Liability Act remain unaffected.
§ 11 Final Provisions
(1) Contracts between the Provider and the Customer shall be governed by the laws of the Federal Republic of Germany, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). Statutory provisions regarding the restriction of the choice of law and the applicability of mandatory regulations—particularly those of the state in which the Customer, acting as a consumer, has their habitual residence—shall remain unaffected.
(2) If the Customer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between the Customer and the Provider shall be the Provider’s registered office.
(3) The European Commission provides a platform for Online Dispute Resolution (ODR), 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) Where masculine nouns and personal pronouns have been used, they are intended to encompass all other genders as well. The use of gender-neutral phrasing has been omitted herein solely for the sake of readability and ease of understanding.