- Scope of Application
The following terms and conditions apply to all orders from the product range of Hyapur Deutschland GmbH, Suarezstr. 26, 14057 Berlin-Charlottenburg, Germany, fax: +49 30 30 111 85 25, e-mail: firstname.lastname@example.org (users of these general terms and conditions) via the website www.hyapur.de. Any terms and conditions of the ordering party that deviate from our own terms and conditions require our written consent.
- Conclusion of Contracts
(1) Representation of the products in the online shop constitutes a non-binding online catalog rather than a legally binding offer. You can place individual items in your virtual shopping basket with no obligation via the relevant button. You submit a binding order to us for the items in shopping basket only by clicking on the “Kaufen” (Buy) button at the bottom end of the ordering page after completing all fields marked with * and confirming acceptance of our general terms of conditions. Confirmation of receipt of your order is issued along with acceptance of the order via automated e-mail immediately after submission. This e-mail confirmation gives rise to the purchase contract. In addition to the contractual details, the confirmation of order/confirmation of contract contains the general terms and conditions including cancellation information.
(2) Before submitting the order via the “Kaufen” (Buy) button, you have the opportunity to check and amend all details on the order page again or to terminate the purchase by closing the browser window.
(3) German Is Available as the Contract Language. We store the text of the contract after conclusion of the contract only for the time required to process the contract. On request, we are happy to send you the contractual details in this period by re-sending the confirmation of order/confirmation of contract by e-mail.
- Cancellation Information – Right to Cancel and Return of Items
Right to cancel
You have the right to cancel this contract within fourteen days without stating any reasons.
The cancellation period is fourteen days from the date
- on which you or a third party nominated by you, who is not the carrier, took possession of the items, if you ordered one or more items in the context of a single order, and the item or items is or are to be delivered in a single delivery
- on which you or a third party nominated by you, who is not the carrier, took possession of the last item, if you ordered multiple items in the context of a single order, and the item or items is or are to be delivered separately.
To exercise your right to cancel, you must inform us (Hyapur Deutschland GmbH, Suarezstr. 26, 14057 Berlin-Charlottenburg, Germany, telephone: +49 30 30 111 85 0, fax: +49 30 30 111 85 25, e-mail: email@example.com) of your decision to cancel this contract by means of a clear declaration (e.g. a letter sent by post, fax, or e-mail). To do this, you can use the attached sample cancellation form, although this is not prescribed.
To meet the cancellation deadline, you only need to send us notification of exercising of the cancellation right before the deadline expires.
Consequences of cancellation
If you cancel this contract, we must pay back to you all payments that we have received from you, including delivery costs (apart from additional costs incurred if you chose a type of delivery other than the low-cost standard delivery offered by us), immediately and no later than within fourteen days from the date on which we received notification of your cancellation of this contract. For this repayment, we will use the same payment method that you used in the original transaction unless otherwise expressly agreed with you; you will not be charged any fees for this repayment under any circumstances. We can refuse repayment until we have received the returned items or until you have provided proof that you have returned the items to us, whichever is the sooner.
You must return or hand over the items to us immediately and no later than fourteen days from the date on which you notify us of cancellation of this contract. The deadline is deemed to be met if you send the items before the deadline of fourteen days expires.
You will bear the direct costs for returning the items.
You must only pay for any loss in value of the items if said loss in value is due to handling of the items that is not necessary for checking of the condition, properties, and functioning of the items.
Sample cancellation form
(If you wish to cancel the contract, please complete this form and return it to us.)
To Hyapur Deutschland GmbH, Suarezstr. 26, 14057 Berlin-Charlottenburg, Germany, fax: +49 30 30 111 85 25, e-mail: firstname.lastname@example.org
I/we (*) hereby cancel the contract concluded by me/us (*) for purchase of the following items (*)/performance of the following service (*)
Ordered on (*)/received on (*)
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (for paper-based notification only) _________________
(*) Cross out as appropriate
- Terms of Payment and Delivery
(1) All prices are final prices in EUR including the applicable VAT plus any delivery costs. The purchase price is due on delivery of the ordered item.
(2) Payment is made via a payment method offered on the online order form.
The following payment options are available to the customer:
- Payment in advance
- Immediate payment
- On account (from the second order)
In the event of advance payment, the invoice amount is transferred to the account of
Hyapur Deutschland GmbH
Account 190 140 836
Sort code 100 500 00
IBAN: DE31 1005 0000 0190 1408 36
(3) Delivery to Germany, Austria, and Switzerland is free.
The standard delivery charge to other EU countries is EUR 7.90. Delivery outside the EU is not possible for orders from our online shop. Please contact us personally about this.
(4) Items delivered to Germany will arrive within no more than 3 working days after initiation of the payment transaction or, in the event of payment in advance, within no more than 5 days after correct initiation of payment to the above account.
For delivery abroad, the delivery time is no more than 10 days from initiation of payment or, in the event of payment in advance, 8 days from correct initiation of payment to the above account.
(5) We reserve the right to partial delivery if this is appropriate for you based on due consideration of your interests and ours. In the event of partial deliveries, we will of course bear the resultant additional delivery costs. Partial deliveries are sent at our own risk. If we fall behind with outstanding partial deliveries or it is not possible for us to make outstanding deliveries, you are always entitled to withdraw from the contract altogether or claim compensation for non-fulfillment of the entire obligation if partial delivery is not in your interests. If we are unable to provide the item you ordered due to reasons for which Hyapur Deutschland GmbH is not responsible, particularly in the event of late delivery by our contracting partners or due to force majeure, we will inform you of this immediately. In this case, we reserve the right to withdraw from the contract in line with the statutory regulations. If you have already paid the purchase price, we will of course refund this immediately.
(6) It is helpful to us if, when receiving our deliveries from the transportation company, you make sure that the packages have not been opened, damaged, or manipulated in any other way. If this is nonetheless the case, please make a written note of this on the handover certificate of the supplier of the transportation company. If you do not notice prior opening, damage or other manipulation of your package until after handover, please complain to the relevant transportation company about this immediately. However, your statutory rights are also maintained if you do not complain to the transportation company.
- Delivered Quantities
Hyapur Deutschland GmbH delivers only to end consumers via this online shop. The item is not intended for resale. Consequently, we accept only orders with which items are ordered in normal household quantities. If your order contains quantities that are not normal for a household, Hyapur Deutschland GmbH is entitled to refuse to accept your order. In this case, we will notify you immediately by e-mail (see also clause 2.).
- Retention of Title
The item remains our property until it has been paid for in full.
- Claims for Defects and Liability
(1) The statutory warranty regulations apply.
(2) Any further claims of the ordering party, on whatever legal grounds, in particular claims for damages of the ordering party, are excluded unless the damage was caused willfully or due to gross negligence by us, i.e. Hyapur Deutschland GmbH and/or its legal representatives, or by our vicarious agents. This disclaimer does not apply to claims of the ordering party arising from pre-contractual breach of duty (Section 311(2, 3) of the German Civil Code (BGB) in conjunction with Section 280(1) of the German Civil Code). This disclaimer also does not apply if major duties under the contract are breached willfully or due to gross negligence by Hyapur Deutschland GmbH and/or its legal representatives or by our vicarious agents; however, in this case, liability is limited to the foreseeable, typical damage. The above liability restrictions do not affect the legally prescribed strict liability of Hyapur Deutschland GmbH. The same applies in the event of culpable injury to life, limb, or health and in the event of enforcement of claims under the German Product Liability Act.
8. Data Protection
Place of Jurisdiction
In commercial transactions with businesspeople and legal entities governed by public law, Berlin is agreed upon as the sole place of jurisdiction for all legal disputes.
(1) If one or more provisions of these general terms and conditions is legally ineffective according to a competent court, the effectiveness of the other provisions shall remain unaffected. The ineffective provision shall be replaced by the relevant statutory provision.
(2) The law of the Federal Republic of Germany, excluding its provisions on the conflict of laws and the United Nations Convention on Contracts for the International Sale of Goods, shall apply to this contract. In transactions with end consumers, the law at the end consumer’s domicile shall also apply if mandatory consumer-protection regulations are involved.
Copyright by hyapur®, Hyapur Deutschland GmbH. The pages of our shop and its constituents are legally protected.
Use, especially reproduction and copying, in full or in part, is permissible only with the consent of Hyapur Deutschland GmbH. Illustrations are protected by Section 72 of the German Copyright Act.
Operator information: The managing director of Hyapur Deutschland GmbH, Mr. Martin Kothe, is responsible for business management and the shop.