Terms of service

1. Scope of Application
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Terms
6. Retention of Title
7. Liability for Defects (Warranty)
8. Liability
9. Redemption of Promotional Vouchers
10. Redemption of Gift Vouchers
11. Applicable Law
12. Place of Jurisdiction
13. Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter "GTC") of Hyapur Deutschland GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 These GTC apply accordingly to contracts for the delivery of vouchers, unless otherwise stipulated.

1.3 For the purposes of these Terms and Conditions, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity.

1.4 For the purposes of these Terms and Conditions, an entrepreneur is a natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, is acting in the course of their commercial or independent professional activity.

2) Conclusion of Contract

2.1 The product descriptions contained in the seller's online shop do not constitute binding offers on the part of the seller, but serve as an invitation to 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 completing the electronic ordering process, the customer submits a legally binding offer to purchase the goods contained in the shopping cart by clicking the button that completes the order process. Alternatively, the customer can also submit the offer to the seller by email or telephone.

2.3 The seller may 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), in which case the customer's receipt of the order confirmation is decisive; or
* delivering the ordered goods to the customer, in which case the customer's receipt of the goods is decisive; or
* requesting payment from the customer after the customer has placed the order.

If several of the aforementioned alternatives apply, the contract is concluded at the point in time when one of the aforementioned alternatives first occurs. The period for accepting the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is considered a rejection of the offer, with the consequence that the customer is no longer bound by their declaration of intent.

2.4 When selecting a payment method offered by PayPal, payment processing is handled by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/legalhub/paypal/useragreement-full, or – if the customer does not have a PayPal account – subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the seller hereby declares acceptance of the customer's offer at the moment the customer clicks the button that completes the order process.

Payment without a PayPal account is subject to the PayPal Terms of Use, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full.

2.5 When selecting the payment method "Amazon Payments," payment processing is handled by the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: "Amazon"), subject to the Amazon Payments Europe User Agreement, which can be viewed at https://pay.amazon.de/help/201751590. If the customer selects "Amazon Payments" as the payment method during the online ordering process, clicking the button to complete the order simultaneously authorizes a payment to Amazon. In this case, the seller hereby declares acceptance of the customer's offer at the moment the customer initiates the payment process by clicking the button to complete the order.

2.6 When submitting an offer via the seller's online order form, the contract text is stored by the seller after the conclusion of the contract and sent to the customer in text form (e.g., email, fax, or letter) after the order has been placed. The seller does not make the contract text available in any other way. If the customer has created a user account in the seller's online shop before placing their order, the order data is archived on the seller's website and can be accessed free of charge by the customer via their password-protected user account using the corresponding login details.

2.7 Before submitting a binding order via the seller's online order form, the customer can identify any input errors by carefully reading the information displayed on the screen. A useful technical aid for better identifying input errors is the browser's zoom function, which enlarges the display on the screen. The customer can correct their entries during the electronic ordering process using standard keyboard and mouse functions until they click the button that completes the order.

2.8 Different languages are available for concluding the contract. The specific language selection is displayed in the online shop.

2.9 Order processing and communication generally take place via email and automated order processing. The customer must ensure that the email address provided for order processing is correct so that emails sent by the seller can be received at that address. In particular, if using spam filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller for order processing can be delivered.

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 cancellation policy.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices, including statutory VAT. Any additional delivery and shipping costs will be stated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which are beyond the seller's control and must be borne by the customer. These include, for example, costs for money transfers by credit institutions (e.g., transfer fees, exchange rate fees) or import duties and taxes (e.g., customs duties). Such costs may also be incurred with regard to money transfers even 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 seller's online shop.

4.4 If advance payment by bank transfer is agreed upon, payment is due immediately upon conclusion of the contract, unless the parties have agreed upon a later due date.

4.5 When selecting a payment method offered via the "PayPal" payment service, payment processing is handled by PayPal, which may also utilize the services of third-party payment service providers. If the seller also offers payment methods via PayPal where they provide services to the customer in advance (e.g., purchase on account or installment payment), they assign their payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer. Before accepting the seller's assignment, PayPal or the payment service provider commissioned by PayPal conducts a credit check using the transmitted customer data. The seller reserves the right to refuse the selected payment method to the customer in the event of a negative credit check result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, payment can only be made to PayPal or the payment service provider commissioned by PayPal with legally binding effect. However, even in the event of assignment of receivables, the seller remains responsible for general customer inquiries, e.g., regarding the goods, delivery time, shipping, returns, complaints, notices of cancellation and returns, or credit notes.

4.6 When selecting a payment method offered via the payment service "Shopify Payments," payment processing is handled by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments are displayed to the customer in the seller's online shop. Stripe may use other payment services to process payments, for which special payment terms may apply, and the customer will be notified separately if applicable. Further information about "Shopify Payments" can be found online at https://www.shopify.com/legal/terms-payments-de.
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4.7 When selecting a payment method offered via the "Google Pay" payment service, payment processing is handled by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland ("Google"). The individual payment methods offered via Google Pay are displayed to the customer in the seller's online shop. Google may use other payment services to process payments, which may be subject to separate terms and conditions. The customer will be notified of these separately. Further information about Google Pay is available online at https://pay.google.com/intl/de_de/about/.

4.8 When selecting a payment method offered via the "Klarna" payment service, payment processing is handled by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). Further information and Klarna's terms and conditions can be found here:

https://hyapur.myshopify.com/pages/klarna-zahlungshinweise?view=klarna-zahlungshinweise

4.9 When selecting the "Purchase on Account" payment method, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price is payable within 30 days of the invoice date without deduction to Klarna AB, Sveavägen 46, 11134 Stockholm, Sweden (www.klarna.de), unless otherwise agreed. The "Purchase on Account" payment method is subject to a successful credit check by Klarna AB. If the customer is approved for the "Purchase on Account" payment method after the credit check, payment processing will be handled in cooperation with Klarna AB, to whom the seller assigns its payment claim. In this case, the customer can only make payments with legally binding effect to Klarna AB. Furthermore, Klarna AB's General Terms and Conditions apply, which the customer can access during the order process. The seller reserves the right to offer payment by invoice only up to a certain order volume and to refuse this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of this payment restriction in the payment information section of the online shop.

4.10 When selecting the payment method "PayPal Invoice," the seller assigns its payment claim to PayPal. Before accepting the seller's assignment, PayPal conducts a credit check using the customer data provided. The seller reserves the right to refuse the "PayPal Invoice" payment method to the customer in the event of a negative credit check result. If the "PayPal Invoice" payment method is approved by PayPal, the customer must pay the invoice amount to PayPal within 30 days of receiving the goods, unless PayPal specifies a different payment term. In this case, payment can only be made to PayPal with legally binding effect. However, even in the case of assignment of the claim, the seller remains responsible for general customer inquiries. This includes, for example, information regarding goods, delivery time, shipping, returns, complaints, cancellations and returns, or credit notes. The General Terms of Use for PayPal's Pay Later service also apply, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/pui-terms.

5) Delivery and Shipping Terms

5.1 If the seller offers shipping of the goods, delivery will be made within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. The delivery address specified in the seller's order processing system is decisive for the processing of the transaction.

5.2 If delivery of the goods 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 the initial shipment if the customer effectively exercises their right of withdrawal. For return shipping costs, the provisions set forth in the seller's cancellation policy apply if the customer effectively exercises their right of withdrawal.

5.3 If the customer is acting as a business, the risk of accidental loss or accidental damage to the goods sold passes to the customer as soon as the seller has handed the goods over to the carrier, freight forwarder, or other person or institution designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss or damage to the goods sold generally passes to the customer only upon delivery of the goods to the customer or an authorized recipient. Notwithstanding the above, the risk of accidental loss or damage to the goods sold also passes to the customer, even if the customer is a consumer, as soon as the seller has handed the goods over to the carrier, freight forwarder, or other person or entity designated to carry out the shipment, provided that the customer has commissioned the carrier, freight forwarder, or other person or entity designated to carry out the shipment and the seller has not previously informed the customer of the identity of this person or entity.

5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery to the seller by its own suppliers. This applies only if the non-delivery is not the seller's fault and the seller has concluded a specific cover transaction with the supplier with due diligence. The seller will make every reasonable effort to procure the goods. In the event of unavailability or only partial availability of the goods, the customer will be informed immediately and the payment will be refunded immediately.

5.5 Self-collection is not possible for logistical reasons.

5.6 Vouchers will be provided to the customer as follows:

by email

6) Retention of Title

If the seller performs in advance, they retain title to the delivered goods until full payment of the purchase price is received.

7) Liability for Defects (Warranty)

Unless otherwise stipulated in the following provisions, the statutory provisions regarding liability for defects apply. The following applies to contracts for the delivery of goods:

7.1 If the customer is acting as a business,
* the seller has the right to choose the method of subsequent performance;

* the limitation period for claims based on defects is one year from delivery of the goods for new goods;

* claims based on defects are excluded for used goods;

* the limitation period does not restart if a replacement delivery is made under the warranty.

7.2 If the customer is a consumer, the following applies to contracts for the supply of used goods, subject to the limitation in the following clause: The limitation period for claims based on defects is one year from delivery of the goods, provided this has been expressly and separately agreed upon between the parties and the customer was specifically informed of the reduction of the limitation period before submitting their contractual declaration.

7.3 The aforementioned limitations of liability and reductions of the limitation period do not apply
* to claims for damages and reimbursement of expenses by the customer,
* in the event that the seller has fraudulently concealed the defect,
* to goods that, according to their customary use, have been used for a building and have caused its defectiveness,
* to any existing obligation of the seller to provide updates for digital products in the case of contracts for the supply of goods with digital elements.

7.4 Furthermore, for businesses, the statutory limitation periods for any existing statutory right of recourse remain unaffected.

7.5 If the customer is a merchant as defined in Section 1 of the German Commercial Code (HGB), they are subject to the commercial duty to inspect and give notice of defects pursuant to Section 377 of the HGB. If the customer fails to comply with the notification obligations stipulated therein, the goods are deemed approved.

7.6 If the customer is a consumer, they are requested to report any delivered goods with obvious transport damage to the delivery service and to inform the seller accordingly. Failure to do so will not affect their statutory or contractual warranty rights.

8) Liability

The seller is liable to the customer for all contractual, quasi-contractual, and statutory claims, including tort claims, for damages and reimbursement of expenses as follows:

8.1 The seller is liable without limitation for any legal reason
* in cases of intent or gross negligence,
* in cases of intentional or negligent injury to life, body, or health,
* based on a guarantee, unless otherwise stipulated,
* based on mandatory liability, such as under the Product Liability Act.

8.2 If the seller negligently breaches a material contractual obligation, liability is limited to the foreseeable damage typical for this type of contract, unless unlimited liability applies pursuant to the preceding clause. Material contractual obligations are those obligations that the contract imposes on the seller according to its content for the achievement of the contractual purpose, the fulfillment of which is essential for the proper performance of the contract, and on the observance of which the customer may regularly rely.

8.3 Otherwise, the seller's liability is excluded.

8.4 The above liability provisions also apply with regard to the seller's liability for his vicarious agents and legal representatives.

9) Redemption of Promotional Vouchers

9.1 Vouchers issued free of charge by the seller as part of promotional campaigns with a specific validity period and which cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online shop and only within the specified period.

9.2 Promotional vouchers can only be redeemed by consumers.

9.3 Individual products may be excluded from the voucher promotion, provided that a corresponding restriction is stated in the promotional voucher.

9.4 Promotional vouchers can only be redeemed before the order process is completed. Subsequent crediting is not possible.

9.5 Only one promotional voucher can be redeemed per order.

9.6 If the promotional voucher refers to a specific value and not a percentage discount, the order value must be at least equal to the value of the promotional voucher. Any remaining balance will not be refunded by the seller.

9.7 If the value of the promotional voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be selected to pay the difference.

9.8 The balance of a promotional voucher will neither be paid out in cash nor accrue interest.

9.9 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 their statutory right of withdrawal.

9.10 The promotional voucher is intended for use only by the person named on it. Transfer of the promotional voucher to third parties is prohibited. The seller is entitled, but not obligated, to verify the eligibility of the respective voucher holder.

10) Redemption of Gift Vouchers

10.1 Vouchers that can be purchased via the seller's online shop (hereinafter "gift vouchers") can only be redeemed in the seller's online shop, unless otherwise stated on the voucher.

10.2 Gift vouchers and any remaining balance on gift vouchers are redeemable until the end of the third year following the year of purchase. Remaining balances will be credited to the customer until the expiry date.

10.3 Gift vouchers can only be redeemed before the order is completed. Subsequent crediting is not possible.

10.4 Gift vouchers can only be used to purchase goods and not to purchase other gift vouchers.

10.5 If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be used to pay the difference.

10.6 The balance of a gift voucher will neither be paid out in cash nor accrue interest.

10.7 The gift voucher is transferable. The seller may fulfill their obligation by providing the service to the respective holder who redeems the gift voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the respective holder's lack of entitlement, legal incapacity, or lack of authority to act on behalf of another.

11) Applicable Law

All legal relations between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws on the international sale of goods. For consumers, this choice of law applies only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which they have their habitual residence.

12) Place of Jurisdiction

If the customer is a merchant, a legal entity under public law, or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the seller's place of business. If the customer is domiciled outside the territory of the Federal Republic of Germany, the seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract, provided that the contract or claims arising from the contract can be attributed to the customer's professional or commercial activities. However, in the aforementioned cases, the seller shall in any event be entitled to bring an action before the court at the customer's domicile.

13) Alternative Dispute Resolution

The seller is not obligated to participate in dispute resolution proceedings before a consumer arbitration board, but is willing to do so.
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