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A. APPLICATION OF THE GENERAL TERMS AND CONDITIONS
- Hakuma Handels GmbH is a limited liability company based in Vienna, registered in the commercial register of the Vienna Commercial Court under FN 453755 m below ("HAKUMA") and operates an online shop at www.hakuma.com. These general terms and conditions ("GTC") apply to all orders placed by the customer ("customer"), HAKUMA and the customer jointly by the "contracting parties") via the Hakuma online shop, each in the version valid at the time of the order If the customer is an entrepreneur, these terms and conditions also apply to all orders by phone, email, order form, direct sales and any electronic ordering system.
- These general terms and conditions apply to both consumers and entrepreneurs within the meaning of the Austrian Consumer Protection Act ("KSchG").
- Insofar as these terms and conditions refer to "consumers", these are natural persons for whom the purpose of ordering goods from the online shop cannot be attributed to a commercial, independent or freelance activity, i.e. a business not for the operation of their company heard.
- Insofar as these terms and conditions refer to "entrepreneurs", these are natural or legal persons or legal partnerships for which the business belongs to the operation of their company. The distinction between consumer and entrepreneur is made in the sense of the KschG.
- HAKUMA expressly rejects any deviating general terms and conditions of the customer. Deviating or supplementary general terms and conditions of the customer do not become part of the contract, even if they have not been expressly contradicted. Deviations from these terms and conditions, additional agreements, or any conflicting terms and conditions of the customer are only effective if they are confirmed in writing by HAKUMA.
- The provisions of these terms and conditions can be changed by HAKUMA at any time without giving reasons, whereby such changes will be announced on the HAKUMA website at least 30 days before they come into force and (if necessary) by sending the text of the contract to the last email address provided by the customer . If the customer does not object to the changes in writing by e-mail to email@example.com within 30 days of receipt of the aforementioned announcement, the changes will be deemed accepted. In the event of a customer's timely objection, the contractual relationship between this customer and HAKUMA continues to exist in accordance with the terms and conditions before the announced change.
B. Conclusion of contract
- By clicking the button "Order now with payment", the customer makes a binding offer to conclude a contract with HAKUMA. The acceptance of this offer and thus the conclusion of the contract takes place by sending an order confirmation to the customer by email to the email address specified by the customer. HAKUMA reserves the right to request proof of the customer's identity and creditworthiness before accepting an order. Any offers made by HAKUMA to conclude a contract are subject to change and non-binding and merely represent an invitation to place an order by the customer.
- Customers who are entrepreneurs also have the option of submitting their orders to HAKUMA by telephone, email, order form or direct sales. By placing an order by phone, email, order form or direct sales, the customer submits a binding offer to conclude a contract with HAKUMA. The acceptance of this offer and thus the conclusion of the contract takes place by sending an order confirmation to the customer by email to the email address specified by the customer. Otherwise, point 2.1 applies. of these terms and conditions.
C. PRICES AND PAYMENT TERMS
- Unless otherwise agreed, the prices shown on the HAKUMA website at www.hakuma.com, including statutory sales tax, will be charged. The shipping costs are not included in the price; these are also incurred.
- Should export, import or other taxes in connection with the shipping of the product become due in the course of shipping, these will be borne by the customer.
- The customer can choose from the payment methods available in the online shop as part of and before completing the order process. If the customer is an entrepreneur, payment by invoice is also possible.
- If payment by invoice is possible, payment must be made within 30 days of receipt of the invoice. For intra-community and export deliveries, payment must be made in advance without any deductions.
- If the customer defaults on payment, HAKUMA is entitled to interest on arrears in the amount of 7% p.a. to offset. If the customer is an entrepreneur, if the customer is in arrears with payment, default interest of 7% p.a. above the base rate most recently announced by the European Central Bank.
- Furthermore, in the event of a delay in payment, the customer undertakes to reimburse HAKUMA for the reminder and collection expenses incurred, provided they are necessary for the appropriate legal prosecution and are in a reasonable relationship to the claim being paid. The assertion of further rights and claims remains unaffected.
D. DELIVERY CONDITIONS, SHIPPING COSTS
- Unless expressly agreed as binding, the delivery times stated are only approximate and non-binding. Binding appointments must be made in writing or confirmed in writing by HAKUMA.
- The ordered goods will be delivered to the delivery address specified by the customer using a standard shipping method at HAKUMA's option.
- The cost of shipping the goods to the delivery address specified by the customer will be charged in addition to the price of the goods.
- The goods are shipped at the customer's risk. If the customer is a consumer, the risk of loss or damage to the goods is transferred to the customer upon delivery of the goods to the customer or to a third party specified by the customer. If the customer, who is a consumer, has concluded the transport contract himself without using a shipping method suggested by HAKUMA, the risk is transferred to the carrier as soon as the goods are handed over.
E. RECURRING SUBSCRIPTION
- In addition to individual orders, the customer can also take out a recurring subscription.
- The subscription is concluded for an indefinite period. Each contracting party is entitled to cancel the subscription in writing with a notice period of one month to the end of a calendar month.
- If the customer is an entrepreneur, the first month of the completed subscription is considered a trial month ("trial month"). The customer can cancel the subscription at any time during the trial month. After the trial month has expired, the requirements under point 5.2 apply. mentioned notice periods.
- Both contracting parties are entitled to withdraw from the subscription with immediate effect if there is an important reason. Termination must be in writing. Such an important reason exists in particular, but not exclusively, if a contractual partner, despite a written warning and setting a grace period of 10 working days, violates essential obligations from the contract, such as making a payment due or persistently violates essential provisions of these terms and conditions;
- There is no minimum order quantity. The customer must notify changes in the desired monthly quantity of goods in writing at least 10 days before the end of the respective contract month.
F. NO SET-OFF
The customer is not entitled to offset counterclaims against HAKUMA claims. However, this does not apply to consumers in the event of HAKUMA’s insolvency or to counterclaims that are legally related to a claim by HAKUMA, are judicially established or recognized by HAKUMA. In these cases, consumers have the option of offsetting.
G. reservation of proprietary rights
The goods remain the property of HAKUMA until full payment. A resale is only permitted if this has been announced to HAKUMA in good time in advance, quoting the name or company and the exact (business) address of the customer, and HAKUMA agrees to the sale. In the event of HAKUMA's approval, the purchase price claim is already assigned to HAKUMA and HAKUMA is entitled to notify the buyer of this assignment at any time.
- The statutory warranty provisions apply.
- The warranty is excluded for defects caused by the customer. This is particularly the case with improper handling.
- If the customer is an entrepreneur, point 9.1 applies. and 9.2. of these terms and conditions with the following deviations:
3.1. It is the customer's responsibility to examine any defects in the goods immediately upon receipt. Defects that are identified must also be reported to HAKUMA in writing immediately, at the latest within 7 days of receipt, with a description of the defect. Hidden defects are to be reported immediately after their discovery. If a notice of defects is not made or is not made in time, the goods are deemed to have been approved and accepted, which means that the assertion of warranty and compensation claims and the right to contest errors due to defects is excluded. The presumption regulation of § 924 ABGB is excluded.
3.2. HAKUMA reserves the right to fulfill the warranty claim at its option through improvement, exchange, price reduction or conversion.
- HAKUMA is liable to customers who are consumers if damage was caused intentionally or through gross negligence. HAKUMA's liability for slight negligence is excluded - except for personal injury.
- To the extent permitted by law, HAKUMA shall only be liable to customers who are entrepreneurs, for whatever legal reason, only if damage was caused by HAKUMA through gross negligence or willful misconduct. HAKUMA's liability for slight negligence is excluded to the extent permitted by law. Liability for personal injury remains unaffected.
- To the extent permitted by law, HAKUMA's liability to customers who are entrepreneurs is limited in amount to the purchase price of the products they purchase.
- HAKUMA disclaims any liability for indirect damage, loss of profit, loss of interest, failure to make savings, consequential and pecuniary damage or damage arising from claims by third parties towards customers who are entrepreneurs.
- Force majeure, industrial disputes, natural disasters and other circumstances beyond HAKUMA's control or reasons for which HAKUMA is not responsible and which delay the performance of a contract, HAKUMA is not responsible for.
- If the customer is an entrepreneur, claims for damages can only be brought to court within six months of becoming aware of the damage and the damaging party, but at the latest within three years of the event giving rise to the claim.
J. RIGHT OF WITHDRAWAL FOR CONSUMERS
Customers who are consumers within the meaning of the Consumer Protection Act have the following right of withdrawal:
- The customer has the right to cancel the contract within fourteen days without giving any reason.
- The cancellation period is fourteen days
- from the day (in the case of a purchase contract) on which the customer or a third party named by him, who is not the carrier, took possession of the goods; or
- from the day (in the case of a contract for the regular delivery of goods over a specified period) on which the customer or a third party named by him, who is not the carrier, has taken possession of the first goods.
- In order to exercise the right of cancellation, the customer must cancel the contract by means of a clear statement (e.g. by letter or email sent to HAKUMA) to firstname.lastname@example.org or to HAKUMA Handels GmbH, Mariahilferstraße 74A / 12, 1070 Vienna announce. The customer can use and submit the model withdrawal form below or another clear declaration for the revocation.
- In order to meet the cancellation deadline, it is sufficient for the customer to send the message about the exercise of the right of cancellation before the cancellation period expires.
- If the customer withdraws from the contract, HAKUMA has to the customer all payments that HAKUMA has received from the customer, including the delivery costs (with the exception of the additional costs that result from the fact that the customer has a different type of delivery than that offered by HAKUMA, has chosen the cheapest standard delivery) immediately and at the latest within fourteen days from the day on which the notice of cancellation of the contract was received by HAKUMA. For this repayment, HAKUMA uses the same means of payment that the customer used in the original transaction, unless expressly agreed otherwise with the customer; under no circumstances will the customer be charged for this repayment.
- HAKUMA can refuse repayment until HAKUMA has received the goods back or until the customer has provided evidence that he has returned the goods, whichever is the earlier. The customer must send the goods immediately and in any event no later than fourteen days from the date on which the customer informs HAKUMA of the cancellation of this contract to the following address:
HAKUMA Handels GmbH, Mariahilferstraße 74A/12, 1070 Vienna
send back or hand over. The deadline is met if the customer sends the goods before the period of fourteen days has expired. The customer bears the direct costs of returning the goods. The customer only has 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 the quality, properties and functionality of the goods.
- Withdrawal form
(If you want to cancel the contract, please fill out this form and send it back)
To HAKUMA Handels GmbH, Mariahilferstraße 74A/12, 1070 Vienna E-Mail: email@example.com
I / we revoke (*)
- the contract concluded by me / us (*)
- the purchase of the following goods (*) / the provision of the following services (*)
- Ordered on (*)
- Name of the consumer(s)
- Address of the consumer(s)
(*) Delete where inapplicable
- Exceptions to the right of withdrawal: There is no right of withdrawal for goods that are made to customer specifications or are clearly tailored to personal needs. In addition, there is no right of withdrawal for goods that are delivered sealed and are not suitable for return for reasons of health protection or hygiene reasons, provided that the seal was removed after delivery.
L. APPLICABLE LAW AND JURISDICTION
- Austrian law applies exclusively to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods and the referral norms of international private law. This choice of law applies to consumers only insofar as this does not remove the protection granted by the mandatory provisions of the law of the state of the habitual residence of the consumer.
- For all disputes arising from or in connection with these terms and conditions or all legal relationships between HAKUMA and its customers, the contracting parties agree on the exclusive jurisdiction of the competent court in Vienna. For all lawsuits against a consumer who is domiciled, habitually resident or place of employment, due to disputes arising from the contractual relationship, one of those courts is responsible, in whose district the customer has his domicile, habitually resident or place of employment, responsible. The legal jurisdiction applies to consumers who are not resident in Austria at the time the contract is concluded.
M. FINAL PROVISIONS
- Should individual provisions of these terms and conditions be or become invalid, the remaining content of the terms and conditions will not be affected. The ineffective provision is to be replaced by an effective provision that has legal validity and comes closest to the economic purpose of the legally invalid provision.
- Changes, additions and ancillary agreements to these terms and conditions must be in writing to be effective. This also applies to the agreement to waive this formal requirement. In the event of contradictions between these terms and conditions and deviating written agreements between the contracting parties, the provisions of the deviating agreements take precedence.