Terms of service
Terms and conditions (30.03.2020)
§1 Scope, contractual parties
The following terms and conditions apply exclusively to all contracts between Hatico Mode GmbH, Falkenbergerstraße 7, 95643 Tirschenreuth and consumers.
Consumers are natural persons who enter into a transaction for a purpose that cannot be attributed to their commercial or professional capacity.
§2 Conclusion of contract
The products offered in our shop do not represent a legally binding offer; they are merely the online equivalent of a non-binding information brochure. By clicking the “Buy” button, you are submitting a binding offer to make a purchase. The automated order confirmation does not constitute our acceptance of your offer. The purchase contract is concluded when the goods are dispatched.
§3 Availability of goods, delivery time
The delivery of the goods takes place in accordance with the agreements made with you. Partial deliveries are permissible. Binding delivery and service deadlines require our written approval. Otherwise, delivery and service deadlines are non-binding.
§4 Liability for Defects
1. Hatico
Mode GmbH accepts unlimited liability for any damage resulting from its
intentional actions. It is liable for damages resulting from its gross or
simple negligence in the case of injury to life, limb, health or for breaches
of an essential contractual obligation. Essential contractual obligations are
those which must be fulfilled to achieve the purpose of the contract and which
customer can normally expect to be fulfilled.
2. In the event of a slightly negligent breach of essential contractual
obligations, the seller's liability is limited to the foreseeable, typically
occurring damages.
3. The above limitations of liability also apply to any legal representatives
and vicarious agents of the seller.
4. Our liability under Product Liability Law remains unaffected.
§5 Payment terms
Hatico Mode GmbH will accept the payment methods shown during the checkout process.
When paying using your PayPal balance or a credit card or direct debit via PayPal or, if offered, making a purchase on account via PayPal, we will pass on the relevant payment details to PayPal (Europe) S.à.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"). PayPal reserves the right to conduct a credit check for any of the payment methods it offers. PayPal will use the result of the credit check concerning the statistical probability of a default on the debt in order to decide whether to offer the respective payment method. The credit information may contain probability values (known as credit scores). When scores are included in the results of the credit check, they are based on a scientifically established mathematical and statistical method. Among others, address data is included in the calculation of the scores.
If you select the SOFORT payment method, the payment will be processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to be able to pay the invoice amount via SOFORT, the customer must have an online banking account with PIN/TAN procedure activated for participation in SOFORT, authenticate himself accordingly during the payment transaction and confirm the payment order to SOFORT. The payment transaction will be executed immediately thereafter by SOFORT and the customer's bank account will be debited. The customer can call up more detailed information on the SOFORT payment method on the Internet at https://www.klarna.com/sofort/
§6 Delivery terms, shipping costs
Hatico Mode GmbH only dispatches orders within the European Union. Unless otherwise agreed, delivery will be made to the delivery address in the delivery area specified by the customer. The corresponding shipping costs can be found here (under the heading Shipping Costs/Returns)
§7 Warranty
In the event of defects in the purchased items, the
customer's warranty claims are subject to the statutory provisions.
§8 Vouchers
Vouchers can be subject to quantity and/or time limits. These
restrictions will be indicated in their description. Unless further information
is given about the period of validity, vouchers are valid until the end of the
third calendar year after the year in which the voucher was purchased. Vouchers
may only be redeemed when the order is placed. Subsequent credit is not
possible. Vouchers have no value in themselves and do not bear any interest.
§9 sales tax refund
Hatico Mode GmbH does not offer a sales tax refund for goods brought independently to third countries.
§10 Retention of title
The delivered goods remain the property of Hatico Mode GmbH
until they have been paid for in full.
§11 Final provisions
All contracts between Hatico Mode GmbH and the customer shall be governed by the law of the Federal Republic of Germany, excluding the CISG.
§12 Alternative dispute resolution (Art. 14 para.1 ODR-VO and §36 VSBG)
EU Commission Platform for Online Dispute Resolution:
https://www.ec.europa.eu/consumer/odr
Participation in the dispute settlement procedure before a consumer arbitration board is not mandatory. Hatico Mode GmbH therefore refuses to take part in such a procedure.
