Terms of service

 

General Terms and Conditions

 

1. General

 1.1 These General Terms and Conditions (GTC) contain the exclusively applicable conditions between us,


Hoodie Hoo Agency GmbH
Max-Keith-StraĂźe 29
45136 Essen
Germany


(hereinafter referred to as “Seller” or “we”) and a consumer or entrepreneur (hereinafter referred to as “Customer”) for the purchase of the offered goods and services, unless modified by written agreements between the parties.


A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur within the meaning of these GTC is a natural or legal person or a legally responsible partnership that acts in the exercise of its commercial or self-employed professional activity when concluding a legal transaction.


1.2 Changes to these terms and conditions will be communicated to the customer in writing, by fax, or by email. If the customer does not object to these changes within four weeks after receipt, the changes are considered accepted.

 


 

2. Conclusion of Contract

 

2.1 The presentation of goods and services does not constitute a binding offer by the Seller. Only the customer’s order constitutes a binding offer according to § 145 BGB. The Seller may accept this offer within five days. If the Seller accepts the offer, the customer will receive an order confirmation via email.

2.2 After submitting the offer, the contract text will be sent to the customer by email. If the customer has created a customer account, the contract text will be stored in their account.

2.3 During the ordering process, the customer has the opportunity to correct their inputs. Before completing the order, the customer receives a summary of all order details and can review and confirm them.

2.4 The contract is concluded in German.

2.5 Contact with the customer is made by the Seller via email and automated order processing. The customer must ensure that the email address provided is correct.

2.6 For digital goods, the Seller grants the customer a non-exclusive, geographically and temporally unrestricted right to use the digital content for private and business purposes. Redistribution or duplication for third parties is not permitted without the Seller’s consent.

 

 

 

3. Payment Terms

 

3.1 The purchase price is due immediately upon ordering. Payment is made using the available payment methods.

3.2 The prices applicable at the time of order apply. All prices include statutory VAT.

3.3 The customer may only offset claims of the Seller with undisputed, legally established, or ready-for-decision counterclaims.

 

 

 

4. Shipping Conditions

 

4.1 Shipping is carried out according to the agreements made. Any applicable shipping costs are stated in the product description and shown separately on the invoice.

4.2 Digital goods are made available to the customer electronically, either as a download or via email.

 

 

 

5. Right of Withdrawal

 

If the customer is a consumer according to § 13 BGB, they are generally entitled to a statutory right of withdrawal. If the customer is acting as an entrepreneur according to § 14 BGB in the course of their commercial or self-employed professional activity, they are not entitled to a statutory right of withdrawal. Further details on the right of withdrawal can be found in the cancellation policy on the product payment page.

 

 

 

6. Warranty

 

If the delivered goods are defective, the customer is entitled under the statutory provisions to demand supplementary performance, withdraw from the contract, or reduce the purchase price. The limitation period for warranty claims is two years from receipt of the goods.

 

 

 

7. Limitation of Liability

 

7.1 The Seller is liable for intent and gross negligence. Furthermore, the Seller is liable for the negligent breach of obligations whose fulfillment is essential for the proper performance of the contract, whose breach endangers the achievement of the contract purpose, and on whose compliance the customer regularly relies. In the latter case, liability is limited to foreseeable, contract-typical damages. The Seller is not liable for slightly negligent breaches of other obligations.

7.2 The above exclusions of liability do not apply in the case of injury to life, body, or health. Liability under the German Product Liability Act remains unaffected.

7.3 Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times according to the current state of technology. The Seller is not liable for the constant and uninterrupted availability of the online shop and online services.

7.4 The European Commission provides a platform for online dispute resolution (ODR), which can be accessed at http://ec.europa.eu/consumers/odr. We do not participate in dispute resolution proceedings before a consumer arbitration board.

 

 

 

8. Final Provisions

 

8.1 Changes or additions to these terms and conditions must be made in writing. This also applies to the cancellation of this written form requirement.

8.2 German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Mandatory provisions of the country in which a consumer has their habitual residence remain unaffected.

8.3 If the consumer had their domicile or habitual residence in Germany at the time of the conclusion of the contract and has moved or their whereabouts are unknown at the time of legal action, the place of jurisdiction is the Seller’s registered office.

If the consumer does not reside in a member state of the European Union, the courts at the Seller’s registered office have exclusive jurisdiction for all disputes.

If the customer is a merchant, a legal entity under public law, or a special fund under public law located within 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.

8.4 Should individual provisions of this contract be or become invalid or contradict legal regulations, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid one that most closely reflects the economic purpose of the invalid provision. This provision applies accordingly in the event of gaps in the contract.