1.1 All offers, deliveries and services of hoots classic GmbH (hereinafter referred to as "Supplier" or "we") to consumers or entrepreneurs ("Purchaser" or "Customer") shall be governed exclusively by the following General Terms and Conditions of the Supplier in the version valid at the time of the order. In addition to these General Terms and Conditions of the Supplier, special terms and conditions (e.g. terms of use) also apply to individual products and services. The customer is informed of the validity of these additional conditions.
1.2 Deviating, conflicting or supplementary general terms and conditions of the customer shall not become part of the contract, even if the provider does not expressly object to them or the customer refers to them when placing the order. Contractual terms and conditions of the customer shall also not apply if the supplier accepts the services of the customer without reservation in the knowledge of these contractual terms and conditions, but only if the supplier has expressly agreed to their validity in writing.
2.1 Unless expressly stated otherwise, the supplier and contractual partner is
hootsclassic GmbH, Fabrikstraße 27, 01445Radebeul
(Commercial register: Dresden Local Court, HRB 36838)
Phone: 0049351 81081027
E-Mail:info@hoots.de
2.2 For all questions, complaints or other concerns regarding our offers or contracts with you, you can reach our customer service Monday to Friday from 9 am to 4 pm on the telephone number (0351) 810 810 27 or by e-mail at info@hoots.de.
The use of our customer service is generally free of charge, you will only be charged the fees incurred by using the means of distance communication.
The presentation and description of the goods, offers and other services (product) on the website or in other descriptions does not constitute a legally binding offer to conclude a contract, but serves to submit a binding offer by the customer.
A contract between the Supplier and the Customer can be concluded via the website (Section 3.1.) or following an individual enquiry by the Customer, e.g. by telephone, e-mail, fax or letter (Section 3.2.).
There is no entitlement to the conclusion of a contract.
3.1.1 Once you have found the desired product, you can take a closer look at it by clicking on the product name or the product image and place it in the virtual shopping basket by clicking on the "ADD TO CART" button. This process is non-binding.
3.1.2 You can view the contents of the shopping basket at any time without obligation by clicking on the "DISPLAY CART" button and remove the products displayed there from the shopping basket by clicking on the "DELETE" button. If you wish to purchase the products in the shopping basket, click on the "CANCEL" or "GO TO CHECKOUT" button on the "Shopping basket" page.
3.1.3 Before you initiate the order process, you can choose whether you want to create a customer account or only place an order by entering the necessary data. The information that is only optional is labelled accordingly. During the order process, you can select a billing address other than the delivery address and select the payment method. The customer can correct all his data including the goods from the shopping basket in the respective input fields or by using the back button of his browser. By pressing the "ORDER FOR A COST" button, the customer submits a binding purchase offer for the items contained in the shopping basket (purchase offer/order). The supplier will immediately confirm receipt of the customer's binding purchase offer/order by e-mail (confirmation of receipt). This confirmation of receipt does not constitute a binding acceptance of the customer's order.
3.1.4 A contract with the supplier is only concluded upon acceptance of the offer by the supplier. The supplier can accept the customer's offer within eight working days by either sending the customer an order confirmation (in writing, by fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or by requesting payment from the customer after the order has been placed. The contract is effectively concluded upon acceptance.
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 accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the eighth working day following the sending of the offer. If the supplier 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 it and the supplier can freely dispose of the goods again.
3.2.1 In the case of telephone orders and orders by e-mail, fax or letter, the order for our products is placed within the form of communication chosen by the customer. For this purpose, the customer can send a non-binding enquiry to the supplier by telephone, fax, e-mail, post or via the online contact form provided on the supplier's website. The Vendor shall send the Purchaser a binding offer to sell the goods previously selected by the Purchaser from the Vendor's product range in text form (e.g. by e-mail, fax or letter) in response to the Purchaser's enquiry.
3.2.2 A contract with the supplier and thus a contractual commitment for the individual products is only concluded upon acceptance of the offer by the customer. The Customer can accept the offer of the Supplier within the period stated in the offer by either sending the Supplier a corresponding order confirmation (in writing, by fax or e-mail), whereby the receipt of the order confirmation by the Supplier is decisive in this respect, or by the Customer paying for the ordered goods. The contract is effectively concluded upon acceptance.
3.2.3 The acceptance period shall commence upon receipt of the offer by the Purchaser, whereby the day of receipt of the offer shall not be included in the calculation of the period. If the Purchaser does not accept the Vendor's offer within the aforementioned period, the Vendor shall no longer be bound by its offer and may freely dispose of the goods again.
Irrespective of an order or acceptance confirmation, a contract is concluded and thus a contractual obligation for the individual services is already concluded with the selected payment method "PayPal" or "credit card" if the customer has confirmed the payment instruction to the payment service provider after entering his payment data and, if applicable, further data for his legitimisation.
4.1 The contract text is stored by the provider and sent to the customer, including his order data and the terms and conditions by e-mail. If the customer has used a user account for the provider's website when placing the order, the customer can also view the text of the contract and all data relating to his order and previous orders there. Otherwise, the order data is no longer accessible via the Internet for security reasons.
4.2 Only German and English are available for the order and as contract language.
5.1 Unless otherwise stated in the product description or the offer, the prices quoted are end consumer prices, include the applicable statutory VAT rates and are generally exclusive of shipping costs. When ordering via our online shop, the respective shipping costs are shown separately in the order process, otherwise on our offer.
5.2 For orders from countries outside the European Union, further costs may be incurred 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. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Insofar as the supplier is aware of these costs, they will be shown separately in the order process, otherwise on our offer.
5.3 Unless otherwise stated in the order process or an invoice, the fees agreed upon conclusion of the contract shall be due immediately upon conclusion of the contract and are payable without deduction.
5.4 Unless otherwise stated during the ordering process or in our offer, the purchase price can be paid either by invoice or prepayment. The provider reserves the right to offer only selected payment methods for selected products. Further information and notes on the individual payment methods can be found in the corresponding section "Payment methods" on our website.
5.5 If the customer is in default of payment, the provider is entitled to demand the statutory default interest in accordance with § 288 BGB. For each reminder sent to the Customer after default has occurred, the Customer may be charged a reminder fee of 2.50 euros. The customer is at liberty to prove that the supplier has incurred no or only significantly lower costs. If the Provider can prove that it has incurred higher damages due to the delay, the Provider is entitled to claim these.
5.6 The Customer agrees to the invoice being sent as an electronic invoice (invoice issued and received in an electronic format, e.g. as a PDF document) by e-mail. The Supplier may, at its own discretion, also send the invoice to the Customer on paper.
6.1 Unless otherwise stated in the product description, the order process or our individual offer, the products will be delivered worldwide; within Germany within 10 working days at the latest, outside Germany within 15 working days at the latest.
6.2 In the case of payment in advance, the period begins on the day after the payment order is issued to the transferring bank or, in the case of other payment methods, on the day after conclusion of the contract and ends at the end of the last day of the period. If the last day of the period falls on a Saturday, Sunday or a public holiday recognised by the state at the place of delivery, the next working day shall take the place of such a day.
6.3 If not all ordered goods are immediately in stock, the supplier is entitled to make partial deliveries, insofar as this is reasonable for the customer.
6.4 The conclusion of the contract is subject to correct and timely delivery by our suppliers. However, this reservation shall only apply in the event that we have concluded a congruent hedging transaction with the supplier and are not responsible for any incorrect or non-delivery. In this case, the supplier shall immediately inform the customer that the ordered goods are not available within the delivery period and shall immediately reimburse any services already rendered.
6.5 In the event of delivery disruptions due to force majeure (e.g. strikes, pandemic and lockouts), the performance obligations of the customer and supplier shall be suspended for the duration of the delivery disruption.
6.6 If the Buyer purchases as a consumer, the risk of accidental loss and accidental deterioration of the goods shall pass to the consumer or a recipient designated by him when the goods are dispatched. This applies irrespective of whether the dispatch is insured or not. Otherwise, the risk of accidental loss and accidental deterioration of the goods shall pass to the customer upon handover or, in the case of sale by dispatch, upon delivery of the goods to the carrier or other person or organisation designated to carry out the shipment.
6.7 The following applies to consumers: If goods are delivered with obvious transport damage, the customer is requested to complain about this as soon as possible to the respective deliverer and then contact the provider. Failure to lodge a complaint or contact the supplier has no consequences for the customer's statutory claims and their enforcement, in particular warranty rights.
7.1 The delivered goods remain the property of the provider until full payment has been made. In the case of digital content, the corresponding rights of use are only granted on a revocable basis until full payment of the respective fees due.
7.2 Trademarks, company logos, other marks or proprietary notices, copyright notices, serial numbers and other identifying features may not be removed or altered either in electronic format or in printouts.
8.1 The Provider grants the Customer the non-exclusive right to use and process the operating and status data collected for the vehicle in the context of the contractual use of the goods as well as any position and movement data. Any further granting of rights remains unaffected.
8.2 Apart from the rights of use or other rights granted to the customer in accordance with Section 8.1, the provider shall not grant the customer any further rights of any kind, in particular to the company name and industrial property rights (such as patents, utility models, trademarks, layouts, etc.), nor shall the provider be obliged to grant the customer such rights.
8.3 The customer grants the provider the non-exclusive right to use and process the operating and status data collected for the vehicle during the contractual use of the goods as well as any position and movement data in accordance with the provider's product data protection declaration. Any further granting of rights remains unaffected.
9.1 If the delivered goods are defective, the provider's warranty shall be governed by the statutory provisions (§§ 433 ff. BGB).
9.2 The Supplier shall be liable to the Purchaser for claims for damages or reimbursement of wasted expenses, irrespective of the legal grounds (e.g. breach of contract, impossibility or unauthorised action), to the following extent:
a) without limitation in accordance with the statutory provisions in the event of intent and gross negligence, fraudulent intent, within the scope of a given guarantee of quality and/or durability, in the absence of a warranted characteristic, in the event of injury to life, limb or health, for claims arising from the Product Liability Act and for claims arising from culpa in contrahendo which have already arisen at the time of inclusion of these terms and conditions;
b) liability for slight negligence is excluded unless the provider is liable without limitation in accordance with point a) or the damage is based on a breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner regularly relies and may rely (so-called cardinal obligations, e.g. contractual performance and delivery). In the event of a breach of such an essential contractual obligation, liability is limited to the damage that the provider could typically expect to occur according to the circumstances known at the time the contract was concluded. Damage that has not occurred to the goods themselves, in particular loss of profit or other financial losses, are typically not compensated in this case.
c) If the supplier is in default with its performance, it shall also be liable without limitation for coincidence due to this performance, unless the damage would also have occurred in the event of timely performance.
9.3 The above limitation of liability shall also apply to the liability of employees, representatives, organs, vicarious agents and other third parties whose services the provider uses to fulfil the contract.
10.1 The customer shall only be entitled to set-off and retention of his services if the counterclaims concerned have been legally established or are undisputed, unless the claims are based on the same legal relationship.
10.2 The restrictions according to Section 10.1. do not apply to consumers for a monetary claim of the customer against the provider as well as for claims for cancellation of the contract to which the customer is entitled after exercising a statutory right of withdrawal or within the scope of the warranty against the provider.
11.1 The Provider is entitled to commission third parties to provide the agreed services in whole or in part at any time.
11.2 In addition, the provider may transfer its rights and obligations under this contract to one or more third parties (transfer of contract). In the event of the transfer of the contract, the customer is entitled to terminate the contractual relationship extraordinarily within 14 days of receipt of the notification. The right of cancellation for other reasons remains unaffected. The cancellation must be in text form.
12.1 The EU Commission provides a platform for out-of-court dispute resolution. This gives consumers the opportunity to resolve disputes in connection with their online order initially without the involvement of a court. The dispute resolution platform can be accessed via the external linkhttp://ec.europa.eu/consumers/odr (so-called ODR platform).
12.2 However, we are legally obliged to inform you of our e-mail address. This is: info(at)hoots.de. We endeavour to settle any disagreements arising from our contract by mutual agreement. Furthermore, we are not obliged to participate in arbitration proceedings and will decide on a case-by-case basis whether to participate in such proceedings.
Agreements between the supplier and a customer that deviate from these GTC must be made in text form to be effective. This also applies to a cancellation of the formal requirement. § 305 b BGB remains unaffected.
German law shall apply exclusively, excluding the UN Convention on Contracts for the International Sale of Goods.
We are entitled to amend these GTC at any time with effect for the future without giving reasons in the event of changes in the market and competitive situation, changes in statutory regulations or changes in supreme court rulings, provided that the customer is not unreasonably burdened as a result.
PART 2: SPECIAL TERMS AND CONDITIONS FOR THE "HOOTS -CLOUD" PRODUCT
a) Vehicle: the object for which the product is used and in which usage data, in particular position and movement data, is recorded by the installed "hoots Sensor System" and processed by the provider.
b) Vehicle owner: Any owner, keeper or other authorised person who decides on the use of the vehicle.
c) Portal: The web-based access system provided by the provider for retrieving and processing the usage data recorded by the "hoots Sensor System" for the vehicle, in particular position and movement data.
d) Customer: Anyone who has lawfully purchased the product from the provider or subsequently from a customer of the provider.
e) Self-using customer: Any customer who, as the vehicle owner, uses the product himself or has it used by a third party authorised by him.
f) Authorised third party: Any customer or third party who has been authorised by the vehicle owner to use the product without being the vehicle owner or user of the vehicle.
g) Portal user: Any self-using customer or authorised third party who accesses the vehicle and usage data recorded by the "hoots sensor system" via the portal.
2.1 With the "hoots cloud" product, the provider enables the vehicle and usage data recorded by the "hoots Sensor System" to be retrieved via the portal for the duration of the contract term in accordance with these additional terms and conditions and the terms of use of the portal and, if necessary, processed there.
2.2 The Provider shall keep the IT infrastructure required to operate the portal and the relevant vehicle and usage data available for retrieval in the portal for the agreed contract term. Data communication for the use of the portal and its functions shall take place via online access to the provider's servers via the portal user's web browser.
2.3 Due to maintenance and repair work as well as system updates, availability may be temporarily restricted. The same applies to technical faults that are beyond the provider's control. Uninterrupted data backup and data availability is therefore not guaranteed.
2.4 For the initial access to the portal and its registration, the provider shall provide the customer who has purchased the product from it with an individual activation key.
2.5 In all other respects, the scope of the individual services is set out in the product description current at the time of the order.
3.1 To access the portal and retrieve the content and functions stored there, the portal user requires access to the Internet and an Internet-enabled device (e.g. smartphone or PC) with which the portal user can establish unrestricted Internet connections to external servers and retrieve and, if necessary, save the content and functions stored there.
3.2 A one-off registration is required to use the portal. Registration takes place by entering the hoots serial number and an activation key, which is sent to the customer at the time of purchase. A separate registration is required for each hoots sensor system purchased.
3.3 After successful registration, the customer can log in to the portal at any time using the e-mail address provided during the registration process and their individual password.
4.1 The availability of the portal is at least 98% on an annual average. This does not include times during which the use of the portal is interrupted or impaired for technical or other reasons beyond the provider's control (e.g. force majeure). In particular, the provider accepts no responsibility for power failures or for network or server failures insofar as these affect the portal user's systems or the public Internet.
4.2 The Provider is authorised to carry out regular maintenance work on its IT systems to ensure the security of network operation, to maintain network integrity, the interoperability of services and data protection. For this purpose, it may temporarily suspend or restrict services, taking into account the interests of the portal user, if this is justified by important reasons. The provider shall carry out maintenance work and updates, where possible, during periods of low usage.
Should longer temporary service suspensions or restrictions be necessary, the provider shall inform the portal user in advance of the type, extent and duration of the impairment, insofar as this is objectively possible under the circumstances and the information would not delay the elimination of interruptions that have already occurred.
4.3 The Provider is entitled to independently carry out updates and extensions or restrictions of the portal and its functionalities at any time, insofar as this is reasonable for the portal user, even after weighing up the interests of other portal users.
5.1 The provider points out to the customer that the data retrievable in the portal in connection with the use of the product may be subject to special protection under data protection law, in particular the usage data recorded by the hoots SensorSystem when the vehicle is used, in particular position and movement data.
5.2 The customer must store the data transmitted by the provider for initial registration in the portal securely against unauthorised access by unauthorised third parties.
5.3 Insofar as the customer provides the access data required for registration and use of the portal to an (authorised) third party, the customer shall be liable to the provider and any third parties for all activities carried out in the portal with the customer's login data and shall indemnify the provider against claims by third parties upon first request.
5.4 The customer is obliged before each use of the vehicle by a third party who is not the vehicle owner and during which usage, in particular position and movement data of the vehicle are recorded by the hoots Sensor System, to inform this third party of the recording, retrievability and processing of the data by the provider and/or portal visitor in accordance with the (product) data protection declaration.
5.5 If the vehicle is sold, the customer is obliged to
a) immediately refrain from further use of the portal by himself and/or authorised third parties;
b) to oblige the purchaser to comply with these Supplementary Terms and Conditions as well as other terms of use and legal information on (product) data protection of the Provider in their respective valid version with effect in favour of the Provider and to make these available to the purchaser at the latter's request;
c) to notify the Provider of the sale, stating the contact details of the purchaser.
5.6 The Customer shall be liable to the Provider and any third parties for compliance with the obligations under Sections 5.2, 5.4 and 5.5 of these Supplementary Terms and Conditions and shall indemnify the Provider against any third-party claims in this respect upon first request.
6.1 If the product is used by an authorised third party, this third party is obliged to
a) obtain sufficient prior consent from the vehicle owner for the respective use or the associated processing of the data retrievable via the portal,
b) inform the provider of the use as an authorised third party when registering,
c) to comply with the applicable data protection regulations when retrieving the data stored in the portal and its further processing (storage/analysis), to store the data securely, to protect it from access by unauthorised third parties in accordance with current security standards and to refrain from any disclosure and processing of this data that is not absolutely necessary for the fulfilment of its obligations to the vehicle owner, and
d) must immediately refrain from any use of the login data and from accessing the data stored in the portal as soon as the authorisation to use the portal granted by the vehicle owner expires.
6.2 The obligations under section 6.1. also apply if the authorised third party is a customer of the Provider.
6.3 The authorised third party who is a customer of the provider
a) is obliged to independently inform the Vehicle Operator of these Supplementary Terms and Conditions as well as other terms of use and legal information on (product) data protection of the Provider in their respective valid version and to make these available to the Vehicle Operator at any time upon request; this does not apply if the Vehicle Operator is itself a customer of the Provider;
b) is obliged to provide the Provider with evidence of compliance with its obligations under Sections 6.1. and 6.3.a) at any time. If he fails to comply with a request for proof from the Provider despite a reminder setting a deadline, the Provider shall be entitled to temporarily block access to the portal in order to protect the Vehicle Operator.
c) shall be liable to the Provider and any third parties for compliance with the obligations under Sections 6.1. and 6.3.a) and shall indemnify the Provider against third-party claims in this respect on first demand.
7.1 Unless otherwise stated in the product description, in the ordering process or in our individual offer, the agreed remuneration is due for payment in advance for the entire term of the contract.
7.2 If the contract term is extended, the provider is entitled to change the billing period to a different cycle, e.g. monthly billing.
8.1 The Provider shall be entitled and obliged in favour of the Customer to adjust its prices at its reasonable discretion in accordance with § 315 BGB (German Civil Code) with effect for the future to changing market conditions and in the event of significant changes in procurement costs or changes in value added tax. The adjustment shall include price increases in the event of an overall increase in costs.
8.2 For periods for which the Buyer has already made an advance payment, the last agreed remuneration shall apply.
8.3 The Purchaser shall be notified of the price adjustment by invoice or e-mail.
8.4 In the event of price increases, the customer shall be entitled to extraordinary cancellation of the contract of use within 4 weeks of receipt of the notification. The cancellation shall take effect (possibly retroactively) on the date of the announced price increase; the old price shall apply until this date. The right of cancellation for other reasons remains unaffected. Cancellation of the contract must be in text form.
9.1 The contract term depends on the term option specified in the product description or the individual offer and selected by the customer.
9.2 The term begins on the day on which the provider provides the customer with the individual activation key for access to the portal and its registration for the first time.
9.3 Unless otherwise stated in the product description or our individual offer or in the order process, the contract shall be extended indefinitely after expiry of the agreed (minimum) term if it has not been terminated beforehand by one of the contracting parties.
9.4 Within the agreed or extended (minimum) term, the contract can be cancelled with a notice period of1 month to the end of the respective contract term. If the contract has been extended for an indefinite period, the cancellation period is 1 month. For periods after expiry of the cancellation period for which the customer has already made an advance payment, the provider will refund the customer the amount pro rata temporis.
9.5 The right of each contracting party to extraordinary cancellation of the contract for good cause remains unaffected. The same applies to other cancellation and/or withdrawal rights of the customer (e.g. in the event of price adjustments) as well as statutory cancellation rights.
9.6 Cancellations can be made in writing, in text form (e.g. by e-mail) or in electronic form via the cancellation device (cancellation button) provided by the Provider on its website.
9.7 At the end of the contract term, the customer's access to the portal is deactivated and the customer can no longer access the data stored for the vehicle.
PART 3: SPECIAL CONDITIONS FOR ENTREPRENEURS AND RESELLERS
If the Customer purchases the Provider's products (contract goods) for the purpose of reselling them to third parties (reseller), the following shall apply:
1.1 The Reseller shall provide its deliveries and services of the Contractual Goods to the third party (end customer) in its own name and for its own account and shall remain the sole contractual and contact partner vis-à-vis the Vendor.
1.2 The Reseller shall be obliged to inform the end customer in sufficient form when selling the Contractual Goods
a) to draw the end customer's attention to any existing (product) additional terms and conditions and other terms of use and information on (product) data protection of the Provider, in particular on the use of personal data by the Provider, and to make these available to the end customer,
b) to inform the end customer that use of the contract goods by the end customer is only permitted within the framework of the respective (product) additional terms and conditions and other terms of use of the provider applicable to the contract goods (duty to inform).
1.3 When selling the Contractual Goods, the Reseller shall be obliged to
a) to oblige the end customer to comply with the (product) additional terms and conditions and terms of use of the provider applicable to the contract goods with effect in favour of the provider and
b) to obtain the consent of the end customer in favour of the Provider, which entitles the Provider in the sense of a non-exclusive right to process the personal data of the end customer, general and technical vehicle, device, sensor operating and status data (as well as position and movement data, if applicable), which are collected in connection with the use of the Contractual Goods by the end customer and/or reseller, in accordance with the Product Data Protection Declaration and
c) to transfer to the Provider the non-exclusive right of use referred to in Section 1.3. b) above (granting of rights of use).
1.4 The Reseller shall be obliged to notify the Provider of the sale, stating the end customer's contact details, and to provide all information that enables the Provider to provide the end customer with all functionalities of the Contract Products (notification obligation).
1.5 The Reseller shall be obliged to provide the Provider with evidence of compliance with its obligations under the above Sections 1.2. and 1.3. at any time (obligation to provide evidence). If the Reseller fails to comply with a request for proof from the Provider, or fails to do so adequately, despite a reminder setting a deadline, the Provider shall be entitled to withdraw from the contract.
1.6 The Reseller shall be liable to the Provider and any third parties for compliance with the obligations set out in Sections 1.2. and 1.3. and Section 1.10. above and shall indemnify the Provider against third-party claims upon first request (indemnification). The end customer's obligations and liability towards the provider remain unaffected.
1.7 Insofar as the Provider makes templates and samples available to the Reseller free of charge for the fulfilment of his obligations, the Provider shall not assume any liability for their effectiveness.
1.8 If the end customer fails to fulfil his obligations arising from the (product) additional terms and conditions and the terms and conditions of use of the provider applicable to the contract goods and if the reseller is entitled to claims against the end customer as a result, the reseller shall be obliged to assign these claims to the provider at the request of the provider.
1.9 If the Vendor is prompted to recall a product due to a defect in the contractual goods, the Reseller shall support the Vendor and take all reasonable measures ordered by the Vendor.
1.10. In the event that the Reseller uses the services of a third party (e.g. independent commercial agents) to sell the Contractual Goods, the Reseller undertakes to contractually bind such third party with regard to the obligations incumbent on the Reseller vis-à-vis the Vendor under these provisions or by law in the same way as the Reseller itself is bound under this Agreement. The Reseller shall be responsible to the Vendor for all activities undertaken by the third party commissioned by the Reseller in connection with the promotion of the Contractual Goods and shall be liable to the Vendor for such activities.
1.11. The above provisions shall apply accordingly if the Purchaser acquires the Contractual Goods from the Vendor for the sole purpose of making them available to the end customer for use (free of charge).
2.1 The delivered contractual goods (reserved goods) shall remain the property of the Supplier until all claims arising from this contract have been paid in full. As long as ownership has not yet been transferred to him, the Buyer is obliged to treat the reserved goods with care and to insure them adequately at his own expense against fire, water damage and theft at replacement value.
2.2 The purchaser is not authorised to pledge the reserved goods to third parties or to assign them by way of security. However, the Buyer is authorised to use the reserved goods and to resell them to third parties in the ordinary course of business as long as he is not in arrears with his payment obligations. The purchaser assigns to the supplier by way of security the claims against his business partners arising from the sale. The Supplier accepts the assignment.
2.3 The Vendor revocably authorises the Customer to collect the claims assigned to the Vendor for the Vendor's account in its own name. This shall not affect the Provider's right to collect the claims itself. However, the Supplier shall not collect the claims itself and shall not revoke the direct debit authorisation as long as the Customer duly fulfils its payment obligations.
2.4 If the Customer acts in breach of contract towards the Supplier, in particular if it defaults on its payment obligations, the Supplier may demand that the Customer discloses the assigned claims and the respective debtors, informs the respective debtors of the assignment and hands over to the Supplier all documents and provides all information required by the Supplier to assert the claims.
2.5 The treatment, processing or transformation of the reserved goods by the customer shall always be carried out in the name of and on behalf of the supplier. If the reserved goods are processed with other items that are not the property of the Supplier, the Supplier shall acquire co-ownership of the new item in the ratio of the value of the reserved goods to the other processed items at the time of processing. If the reserved goods are inseparably combined or mixed with other items not belonging to the supplier, the supplier shall acquire co-ownership of the new item in the ratio of the value of the reserved goods to the other combined or mixed items at the time of combination or mixing. If the combining or mixing is carried out in such a way that the item of the customer is to be regarded as the main item, it is agreed that the customer transfers co-ownership to the supplier on a pro rata basis. The supplier accepts this transfer. The Purchaser shall hold the resulting sole ownership or co-ownership of the item for the Vendor.
2.6 If the goods subject to retention of title are seized or exposed to other interventions by third parties, the Purchaser is obliged, as long as ownership has not yet been transferred to him, to inform the third party of the Provider's ownership rights and to notify the Provider immediately in writing so that the Provider can enforce his ownership rights.
3.1 If the Buyer acts as a merchant within the meaning of § 1 HGB, he shall be subject to the commercial obligation to inspect and give notice of defects in accordance with § 377 HGB. If the Buyer fails to fulfil the notification obligations regulated therein, the goods shall be deemed approved.
3.2 If the customer acts as an entrepreneur,
a) the supplier has the choice of the type of subsequent fulfilment;
b) in the case of new goods, the limitation period for defects is one year from delivery of the goods;
c) the limitation period shall not begin again if a replacement delivery is made within the scope of liability for defects.
Should a provision of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining clauses. In this case, the invalid or unenforceable provision shall be replaced by the parties with a valid provision that comes as close as possible to the economic purpose of the invalid or unenforceable provision. The same shall apply in the event of a loophole.
5.1 The place of jurisdiction for all claims in connection with an order from merchants, legal entities under public law or special funds under public law is Dresden.
5.2 The supplier is also entitled to sue at the general place of jurisdiction of the customer.
PART 4: CANCELLATION POLICY FOR CONSUMERS AND SAMPLE CANCELLATION FORM
When concluding a contract outside our business premises, in particular when concluding contracts by telephone, Internet or other means of telecommunication, you as a consumer have a right of cancellation to which we draw your attention when the contract is concluded. Please note that you are only entitled to cancellation if you conclude the contract as a consumer, i.e. for private purposes and not in connection with a commercial or other professional activity.
Cancellation policy
Right of cancellation:
You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the last goods or partial consignment. To exercise your right of cancellation, you must notify us at
hoots classic GmbH,
Fabrikstraße 27, 01445 Radebeul
E-mail: info@hoots.de,
Tel.: (0351) 810 810 27
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You can use the attached sample cancellation form, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.
Consequences of cancellation:
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment.
We may withhold reimbursement until we have received the goods back or until you have supplied evidence of having sent back the goods, whichever is the earliest. You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you dispatch the goods before the period of fourteen days has expired. You shall bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.
End of the cancellation policy
Cancellation policy
Right of cancellation
You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the date of conclusion of the contract.
To exercise your right of cancellation, you must contact us at
hootsclassic GmbH,
Fabrikstraße27, 01445 Radebeul
E-mail: info@hoots.de,
Tel.: (0351) 810 810 27
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You can use the attached sample cancellation form, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.
Consequences of cancellation
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment.
If you have requested that the services should commence during the cancellation period, you must pay us a reasonable amount corresponding to the proportion of the services already provided by the time you inform us of the exercise of the right of cancellation with regard to this contract compared to the total scope of the services provided for in the contract.
(If you wish to cancel the contract, please complete this form and return it to us).
Andie
hootsclassic GmbH,
Fabrikstraße27, 01445 Radebeul
01099Dresden,
E-mail: info@hoots.de,
Phone: (0351) 810 810 27
I/we (*) hereby cancel the purchase of the following goods (*)/the provision of the following service (*) concluded by me/us (*):
Ordered on (*)/received on (*):
Name of the consumer(s):
Address of the consumer(s):
_______________________________
Signature of the consumer(s) (only in case of notification on paper):
_______________________________
Date(s)
(*)Delete as appropriate
PART 5: MANDATORY INSTRUCTIONS ACCORDING TO BATTG and ElektroG
As our products may contain batteries and rechargeable batteries, we are obliged under the German Battery Act (BattG) to inform you of the following:
Batteries and rechargeable batteries may not be disposed of with household waste, but you are legally obliged to return used batteries and rechargeable batteries. Used batteries may contain harmful substances that can damage the environment or your health if they are not stored or disposed of properly. However, batteries also contain important raw materials such as iron, zinc, manganese or nickel and can be recycled.
You can either send the batteries back to us after use or return them free of charge in the immediate vicinity (e.g. in shops or municipal collection centres or in our dispatch warehouse). The return to sales outlets is limited to the usual quantities for end users as well as used batteries that the distributor carries or has carried as new batteries in his range.
The symbols shown on the batteries or rechargeable batteries have the following meaning: The symbol of the crossed-out dustbin means that the battery must not be disposed of with household waste.
Pb= battery contains more than 0.004 per cent lead by mass
Cd= Battery contains more than 0.002 per cent cadmium by mass
Hg= Battery contains more than 0.0005 per cent mercury by mass
Please note the above information.
You can also read this information again in the documents accompanying the delivery of goods or in the operating instructions of the appliance manufacturer. Further information on the Battery Act can be found in the consumer area of the Stiftung Gemeinsames Rücknahmesystem Batterien(GRS) www.grs-batterien.de.
a) General information
Electrical and electronic equipment is labelled with the crossed-out wheeled bin symbol.
The symbol indicates that electrical and electronic equipment cannot be disposed of with normal household waste, but must be taken to a separate waste collection centre. This is because the materials contained in old electrical appliances can be reused. In addition, used batteries and accumulators that are not enclosed in the old appliance, as well as lamps that can be removed from the old appliance without causing damage, must be separated without causing damage before being handed in.
Please note that you are responsible for deleting all personal data on your old appliance.
In accordance with Section 17 (2) of the German Electrical and Electronic Equipment Act, we are obliged to take back electrical and electronic equipment free of charge at your request as follows.
- When you purchase a new electrical or electronic appliance of the same type from us that essentially fulfils the same functions as the new appliance (Section 17(1) No. 1);
- of a maximum of 3 old appliances per appliance type that are not larger than25 centimetres in any external dimension (§ 17 Para. 1 No. 2).
In addition, you can dispose of your old electrical appliances at any time free of charge at one of the municipal collection points (so-called recycling centres) in your area.
We will collect old appliances of the same type for which there is a take-back obligation in accordance with Section 17 (1) No. 1 from you at our expense or they can be returned to us at our expense. In all other cases, the goods will be sent to us at your expense.
If you wish to use the option of returning the product to us, please contact us at info@hoots.de or via the contact options provided on our website before returning the old device to register the return. Please state the product name and the serial number of the old appliance purchased from us as well as the invoice number.
b) ElektroGRegister: WEEE No. DE 20414221
(further information can be found at: www.stiftung-ear.de/de/startseite
Status: January 2024
