Terms and conditions
General Terms and Conditions with Client Information
Table of contents
- Scope of application
- Conclusion of contract
- right of withdrawal
- Prices and terms of payment
- Delivery and shipping conditions
- Reservation of ownership
- Mängel liability (warranty)
- Redemption of promotional vouchers
- redeeming gift vouchers
- Applicable law
- Code of Conduct
- Alternative Dispute Resolution
1) Scope of application
1.1 These General Terms and Conditions (hereinafter "GTC") of Mitani Chahana of Carnap, trading under "Hut.Berlin" (hereinafter "Seller"), shall apply to all contracts for the delivery of goods which a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller with respect to the goods displayed by the Seller in his online shop. Herewith the inclusion of own conditions of the customer is contradicted, unless otherwise agreed.
1.2 For contracts for the delivery of vouchers, these General Terms and Conditions shall apply mutatis mutandis, unless expressly agreed otherwise.
1.3 consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his independent professional activity. Entrepreneur in the sense of these GTC is a natural or legal person or a legally responsible partnership which, at the conclusion of a legal transaction, acts in the exercise of its commercial or independent professional activity.
2) Conclusion of contract
2.1 The product descriptions contained in the online shop of the seller are not binding offers on the part of the seller, but serve for the submission of a binding offer by the customer.
2.2 The customer may submit the offer via the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping basket and completing the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping basket by clicking the button completing the ordering process.
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 e-mail), whereby the receipt of the order confirmation by the customer is decisive, or by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive.
- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
- by requesting the customer to pay after placing his order.
If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer shall begin on the day following the dispatch of the offer by the customer and shall end on the expiry of the fifth day following the dispatch of the offer. If the Seller does not accept the offer of the Customer within the aforementioned period, this shall be deemed as a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.
2.4 When submitting an offer via the Seller's online order form, the text of the contract shall be stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail, fax or letter) after sending the Customer's order. The Seller shall not make the contract text available to third parties beyond this. If the Customer has set up a user account in the Seller's online shop before sending his order, the order data shall be archived on the Seller's website and can be retrieved free of charge by the Customer via his password-protected user account by entering the corresponding login data.
2.5 Prior to binding submission of the order via the Seller's online order form, the Customer may recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means of better detecting input errors may be the browser's zoom function, which is used to zoom the display on the screen. Within the framework of the electronic ordering process, the customer can correct his entries using the usual keyboard and mouse functions until he clicks on the button completing the ordering process.
2.6 Only the German language is available for the conclusion of the contract.
2.7 The order processing and establishment of contact usually take place by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct, so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3) Right of withdrawal
3.1 Consumers are in principle entitled to a right of withdrawal.
3.2 here Information on the right of revocation result from the revocation instruction of the seller.
4) Prices and terms of payment
4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices and include statutory VAT. If necessary, additional delivery and shipping costs will be indicated separately in the respective product description.
4.2 Deliveries to countries outside the European Union may incur additional costs in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for the transfer of money by credit institutions (e.g. remittance fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of money if the delivery is not made to a country outside the European Union but the customer makes the payment from a country outside the European Union.
4.3 The payment option(s) will be communicated to the customer in the online shop of the seller.
4.4 If advance payment by bank transfer has been agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed a later due date.
4.6 If the payment method „SOFORT“ is selected, the payment will be processed üby the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 München (hereinafter „SOFORT“). In order to be able to pay the invoice amount “IMMEDIATELY” via “IMMEDIATELY”, the customer must have an online banking account that has been activated for participation in “IMMEDIATELY”, legitimize himself accordingly during the payment process and confirm the payment order against “IMMEDIATELY”. The payment transaction shall be carried out “SOFORT“ immediately thereafter and the customer's bank account shall be debited. Further information on the payment method “SOFORT“ is available to the customer on the Internet at https://www.klarna.com/sofort/
5) Terms of delivery and shipping
5.1 Goods shall be shipped to the delivery address specified by the customer, unless otherwise agreed. The delivery address indicated in the order processing of the seller is decisive for the transaction.
5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This shall not apply with regard to the costs of the consignment if the customer effectively exercises his right of revocation. In the event that the Customer exercises his right of revocation effectively, the provision in the Seller's instructions on revocation shall apply to the costs of shipment.
5.3 self-collection is not possible for logistic reasons.
5.4 Vouchers will be given to the customer as follows:
- by e-mail
6) Reservation of title
If the seller makes an advance payment, he retains ownership of the delivered goods until the purchase price owed has been paid in full.
7) Mängel liability (warranty)
7.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply.
7.2 The customer is asked to complain to the deliverer about delivered goods with obvious transport problems and to inform the seller of this. If the customer does not comply with this, this has no effect on his legal or contractual claims.
8) Redeeming promotional vouchers
8.1 vouchers which are issued free of charge by the Seller as part of advertising campaigns with a specific validity period and which cannot be purchased by the Customer (hereinafter referred to as "Promotion Vouchers") may only be redeemed in the Seller's online shop and only within the specified period. vouchers which are issued free of charge by the Seller as part of advertising campaigns with a specific validity period and which cannot be purchased by the Customer (hereinafter referred to as "Promotion Vouchers") may only be redeemed in the Seller's online shop and only within the specified period. vouchers which are issued free of charge by the Seller as part of advertising campaigns with a specific validity period and which cannot be purchased by the Customer (hereinafter referred to as "Promotion Vouchers").
8.2 Promotion vouchers can only be redeemed by consumers.
8.3 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the voucher.
8.4 Promotion vouchers can only be redeemed before completion of the order process. A subsequent settlement is not possible.
8.5 Only one promotional voucher can be redeemed per order.
8.6 The value of the goods must at least correspond to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
8.7 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.
8.8 The balance of a promotional voucher is neither paid out in cash nor bears interest.
8.9 The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of his statutory right of revocation.
8.10 The promotional voucher is intended only for use by the person named on it. A transfer of the promotional voucher to third parties is excluded. The seller is entitled, but not obliged, to check the material entitlement of the respective voucher holder.
9) Redeeming gift certificates
9.1 vouchers that can be purchased through the Seller's online store (hereinafter referred to as "Gift Vouchers") may only be redeemed in the Seller's online store unless otherwise stated in the Voucher.
9.2 Gift vouchers and balance of gift vouchers are redeemable until the end of the third year after the year of purchase. Remaining credit will be credited to the customer until the expiry date.
9.3 Gift Certificates can only be redeemed prior to the completion of the order process. A subsequent billing is not possible.
9.4 Only one gift voucher can be redeemed per order.
9.5 Gift Certificates can only be used for the purchase of goods and not for the purchase of other gift certificates.
9.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be selected to settle the difference.
9.7 The balance of a gift voucher is neither paid out in cash nor bears interest.
9.8 The gift voucher is intended for use only by the person named on it. A transfer of the gift voucher to a third party is excluded. The seller is entitled, but not obliged, to check the material entitlement of the respective voucher holder.
10) Governing law
Für all legal relations between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
11) Code of Conduct
- The Seller has submitted to the terms and conditions of participation for the eCommerce Initiative “Fairness in Commerce“, which can be viewed on the Internet at https://www.fairness-im-handel.de/teilnahmebedingungen/
12) Alternative dispute resolution
12.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is a consumer.