Terms of service

This English translation is provided for convenience. In the event of any discrepancy, the German version shall prevail.

 

Contents

1. Scope of application
2. Conclusion of the contract
3. Right of withdrawal
4. Prices and terms of payment
5. Delivery and shipping conditions
6. Retention of title
7. Liability for defects (warranty)
8. Redemption of promotional vouchers
9. Redemption of gift vouchers
10. Applicable law
11. Place of jurisdiction
12. Alternative dispute resolution


1) Scope of application
1.1 These General Terms and Conditions (hereinafter "GTC") of HOUSE OF KONZEPT GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods which a consumer or trader (hereinafter "Customer") concludes with the Seller in respect of 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 agreed.
1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or self-employed professional activity.
1.4 A trader within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their trade, business or self-employed professional activity.

2) Formation of the 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 to enable the Customer to submit a binding offer.
2.2 The Customer may submit the offer via the online order form integrated into the Seller's online shop. In doing so, after placing the selected goods in the virtual shopping basket and going through the electronic ordering process, the Customer submits a legally binding contractual offer in respect of the goods contained in the shopping basket by clicking the button that concludes the ordering process.
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 e-mail), whereby receipt of the order confirmation by the Customer is decisive, or
- by delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive, or
- by requesting payment from the Customer after the Customer has placed the order.
If more than one of the aforementioned alternatives applies, the contract is concluded at the point in time at which 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 after the offer was sent. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.
2.4 If the Customer selects a payment method offered by PayPal, payment is processed via 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 User Agreement, available at https://www.paypal.com/de/webapps/mpp/ua/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/webapps/mpp/ua/privacywax-full. If the Customer pays using a payment method offered by PayPal and selectable in the online ordering process, the Seller declares acceptance of the Customer's offer at the moment the Customer clicks the button that concludes the ordering process.
2.5 When an offer is submitted via the Seller's online order form, the text of the contract is stored by the Seller after the contract has been concluded and sent to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent their order. The Seller does not otherwise make the text of the contract accessible. If the Customer set up a user account in the Seller's online shop before sending their order, the order data are archived on the Seller's website and can be accessed by the Customer free of charge via their password-protected user account by entering the corresponding login details.
2.6 Before bindingly submitting the order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of better identifying input errors may be the browser's zoom function, which enlarges the display on the screen. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.
2.7 The German and English languages are available for the conclusion of the contract.
2.8 Order processing and contact usually take place by e-mail and automated order processing. The Customer must ensure that the e-mail address they provide for order processing is correct, so that e-mails sent by the Seller can be received at that address. In particular, where SPAM filters are used, 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 in the European Union have a statutory right of withdrawal as set out in the withdrawal policy. Entrepreneurs have no right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the withdrawal policy.

4) Prices and terms of payment
4.1 Unless otherwise stated in the Seller's product description, the prices stated are total prices including statutory VAT. Any additional delivery and shipping costs are stated separately in the shipping information and in the checkout before the order is placed.
4.2 The payment option(s) will be communicated to the Customer in the Seller's online shop.
4.3 If payment in advance by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date.
4.4 If a payment method offered via the payment service "Shopify Payments" is selected, payment is processed via 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 communicated to the Customer in the Seller's online shop. To process payments, Stripe may use other payment services to which special terms of payment may apply, to which the Customer may be referred separately. You can find further information on "Shopify Payments" online at https://www.shopify.com/legal/terms-payments-de.

5) Delivery and shipping conditions
5.1 Where the Seller offers shipping of the goods, delivery is made within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. The delivery address stated in the Seller's order processing is decisive for the processing of the transaction. By way of derogation, if the payment method PayPal is selected, the delivery address stored by the Customer with PayPal at the time of payment is decisive.
5.2 If 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 does not apply to the costs of return shipment if the Customer effectively exercises their right of withdrawal. If the Customer effectively exercises the right of withdrawal, the provisions set out in the Seller's withdrawal policy apply to the return costs.
5.3 If the Customer acts as a trader, the risk of accidental loss and accidental deterioration of the goods sold passes to the Customer as soon as the Seller has handed the goods over to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold passes to the Customer, in principle, only upon delivery of the goods to the Customer or to a person authorised to receive them. By way of derogation, the risk of accidental loss and accidental deterioration of the goods sold also passes to the Customer in the case of consumers as soon as the Seller has handed the goods over to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment, if the Customer has commissioned the forwarding agent, the carrier or the other person or institution designated to carry out the shipment and the Seller has not previously named this person or institution to the Customer.
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 Seller is not responsible for the non-delivery and has concluded a specific hedging transaction with the supplier with due care. The Seller will make all reasonable efforts to procure the goods. If the goods are unavailable or only partially available, the Customer will be informed without undue delay and the consideration will be refunded without undue delay.
5.5 Collection in person is not possible for logistical reasons.
5.6 Vouchers are made available to the Customer as follows:
- by download
- by e-mail

6) Retention of title
The Seller retains title to the goods delivered until the purchase price owed has been paid in full.

7) Liability for defects (warranty)
7.1 Unless otherwise provided in the following provisions, the statutory provisions on liability for defects apply.
7.2 If the Customer acts as a trader,
- the Seller has the right to choose the type of subsequent performance;
- for new goods, the limitation period for defects is one year from delivery of the goods;
- for used goods, rights and claims based on defects are excluded;
- the limitation period does not begin anew if a replacement delivery is made within the scope of liability for defects.
7.3 The aforementioned limitations of liability and shortenings of periods do not apply
- to claims of the Customer for damages and reimbursement of expenses,
- in the event that the Seller has fraudulently concealed the defect
- to goods which have been used for a building in accordance with their customary use 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 delivery of goods with digital elements.
7.4 Furthermore, for traders, the statutory limitation periods for any statutory rights of recourse remain unaffected.
7.5 If the Customer acts as a merchant within the meaning of section 1 of the German Commercial Code (HGB), the Customer is subject to the commercial duty to inspect and give notice of defects pursuant to section 377 HGB. If the Customer fails to comply with the notification obligations set out therein, the goods shall be deemed approved.
7.6 If the Customer acts as a consumer, the Customer is requested to report delivered goods with obvious transport damage to the delivery company and to inform the Seller thereof. If the Customer fails to do so, this has no effect on their statutory or contractual claims for defects.

8) Redemption of promotional vouchers
8.1 Vouchers which the Seller issues free of charge as part of promotions with a specific period of validity and which cannot be purchased by the Customer (hereinafter "promotional vouchers") can only be redeemed in the Seller's online shop and only during the period stated.
8.2 Promotional 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 promotional voucher.
8.4 Promotional vouchers can only be redeemed before completion of the ordering process. Subsequent offsetting is not possible.
8.5 Only one promotional voucher can be redeemed per order.
8.6 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the Seller.
8.7 If the value of the voucher is not sufficient to pay for 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 does it bear interest.
8.9 The promotional voucher will not be refunded if the Customer returns the goods paid for with the promotional voucher in whole or in part within the scope of their statutory right of withdrawal.
8.10 The promotional voucher is transferable. The Seller may make payment with discharging effect to the respective holder who redeems the promotional voucher in the Seller's online shop. This does not apply if the Seller has knowledge or grossly negligent lack of knowledge of the respective holder's lack of entitlement, legal incapacity or lack of power of representation.

9) Redemption of gift vouchers
9.1 Gift 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 in the gift voucher.
9.2 Gift vouchers and remaining balances of gift vouchers can be redeemed until the end of the third year following the year in which the gift voucher was purchased. Remaining balances will be credited to the Customer until the expiry date.
9.3 Gift vouchers can only be redeemed before completion of the ordering process. Subsequent offsetting is not possible.
9.4 Only one gift voucher can be redeemed per order.
9.5 Gift vouchers can only be used to purchase goods and not to purchase further gift vouchers.
9.6 If the value of the voucher is not sufficient to pay for the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.
9.7 The balance of a gift voucher is neither paid out in cash nor does it bear interest.
9.8 The gift voucher is transferable. The Seller may make payment with discharging effect 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 lack of knowledge of the respective holder's lack of entitlement, legal incapacity or lack of power of representation.

10) Applicable law
10.1 All legal relationships between the parties are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
10.2 For consumers, this choice of law applies only if they are habitually resident in a member state of the European Union, and only insofar as the consumer is not deprived of the protection afforded by the mandatory provisions of the law of their country of residence.
10.3 For consumers habitually resident outside the European Union, the law of the country in which they are habitually resident applies.

11) Place of jurisdiction
If the buyer acts as 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 is the Seller's registered office. If the Customer has its registered office outside the territory of the Federal Republic of Germany, the Seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the professional or commercial activity of the Customer. In the aforementioned cases, however, the Seller is in any event entitled to bring an action before the court at the Customer's registered office.

12) Alternative dispute resolution
12.1 The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.