General Terms and Conditions with Customer Information
Table of Contents
- Scope
- Conclusion of Contract
- Right of Withdrawal
- Prices and Payment Conditions
- Delivery and Shipping Conditions
- Retention of Title
- Liability for Defects (Warranty)
- Redemption of Promotional Vouchers
- Applicable Law
- Place of Jurisdiction
- Code of Conduct
- Alternative Dispute Resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of HomezInno UG (limited liability) (hereinafter referred to as "Seller"), apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter referred to as "Customer") and the Seller with respect to the goods displayed by the Seller in their online shop. The inclusion of the customer's own conditions is hereby rejected unless otherwise agreed.
1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly not related to their trade, business, or profession.
1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a legal partnership that, when concluding a legal transaction, acts in the exercise of their trade, business, or profession.
2) Conclusion of Contract
2.1 The product descriptions contained in the Seller's online shop do not represent binding offers on the part of the Seller but serve for the Customer to submit a binding offer.
2.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding offer for the goods contained in the shopping cart by clicking the button that concludes the ordering process. The Customer can also submit the offer to the Seller by telephone or email.
2.3 The Seller can accept the Customer's offer within five days by:
- sending the Customer a written order confirmation or an order confirmation in text form (fax or email), with receipt of the order confirmation by the Customer being decisive, or
- delivering the ordered goods to the Customer, with receipt of the goods by the Customer being decisive, or
- requesting payment from the Customer after the Customer has placed their order.
2.4 If the Customer selects a payment method offered by PayPal, the payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), subject to PayPal's terms of use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. If the Customer does not have a PayPal account, payments will be subject to the conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. When the Customer selects a payment method offered by PayPal during the ordering process, the Seller declares the acceptance of the Customer's offer at the moment the Customer clicks the button that concludes the ordering process.
2.5 If the Customer selects the "Amazon Payments" payment method, the payment will be processed by the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg ("Amazon"), subject to the Amazon Payments Europe User Agreement, available at https://payments.amazon.de/help/201751590. By clicking the button that concludes the ordering process, the Customer also authorizes Amazon to process the payment. In this case, the Seller declares the acceptance of the Customer's offer at the moment the Customer triggers the payment process by clicking the button that concludes the ordering process.
3) Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the Seller's withdrawal policy.
4) Prices and Payment Conditions
4.1 Unless otherwise stated in the product description of the Seller, the prices quoted are total prices including the statutory VAT. Any additional delivery and shipping costs are stated separately in the respective product description.
4.2 The available payment methods will be communicated to the Customer in the Seller's online shop.
4.3 If payment in advance by bank transfer is agreed upon, the payment is due immediately after the conclusion of the contract unless the parties have agreed otherwise.
5) Delivery and Shipping Conditions
5.1 If the Seller offers the dispatch of the goods, the delivery will be made to the delivery address specified by the Customer within the delivery area indicated by the Seller unless otherwise agreed. The delivery address stated in the order process is decisive.
5.2 If the delivery fails for reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply to the costs of sending the goods if the Customer effectively exercises their right of withdrawal.
6) Retention of Title
The Seller retains ownership of the delivered goods until full payment of the purchase price has been made.
7) Liability for Defects (Warranty)
Unless otherwise specified, the statutory provisions on defect liability apply.
8) Redemption of Promotional Vouchers
8.1 Promotional vouchers issued by the Seller as part of promotional campaigns can only be redeemed in the Seller's online shop and only during the specified period.
9) Applicable Law
All legal relations between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws on international sales of goods. For consumers, this choice of law applies only to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country in which the consumer has their habitual residence.
10) Place of Jurisdiction
If the Customer is a merchant, a legal entity under public law, or a special fund under public law with a registered office in Germany, the place of jurisdiction for all disputes arising from this contract is the Seller's registered office. If the Customer has their registered office outside of Germany, the Seller's registered office is the exclusive place of jurisdiction for all disputes arising from this contract.
11) Code of Conduct
- The Seller has submitted to the "EHI Geprüfter Online-Shop" quality criteria of EHI Retail Institute GmbH, available online at https://www.shopinfo.net/haendler/kriterien/index.html.
- The Seller has adhered to the "Fairness im Handel" eCommerce initiative, available online at https://www.fairness-im-handel.de/teilnahmebedingungen/.
- The Seller has committed to the "Google Customer Reviews" guidelines, available online at https://support.google.com/merchants/topic/7105962.
12) Alternative Dispute Resolution
12.1 The EU Commission provides a platform for online dispute resolution at the following link: https://ec.europa.eu/consumers/odr.
12.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.