General terms and conditions
§1 General, scope of the GTCs
§2 Conclusion of the contract, conclusion of the contract
§3 Storage of the contract text
§4 Cancellation policy
§5 Model cancellation form
§6 Prices and shipping costs
§7 Delivery conditions
§8 Terms of payment / Klarna's payment options
§9 Warranty
§10 Liability for damages and reimbursement of expenses
§11 Customer service
§12 Legal order, place of jurisdiction
§13 Miscellaneous
§1 General, scope of the GTCs
1.1 All deliveries and services shall be provided exclusively on the basis of the following General Terms and Conditions of Business (hereinafter "GTC") in the version valid at the time of the order. Unless expressly agreed in writing, deviating terms and conditions shall not apply.
1.2 Contractual partner is hookahLove UG (haftungsbeschränkt); Managing Director: Maximilian Held, Gewerbestr. 4, D-86859 Igling, Tel.: 08191/220 00 03, E-Mail: info@hookahLove.de; Registergericht: Augsburg HRB 26666; USt-ID.: DE280856616 (hereinafter "Seller").
1.3 Customers within the meaning of these Terms and Conditions may be both consumers and entrepreneurs (hereinafter "Customer"). Consumers within the meaning of the Terms and Conditions are natural persons who conclude contracts for a purpose that cannot be attributed to either their commercial or their professional activity. Entrepreneurs within the meaning of the Terms and Conditions are natural or legal persons or partnerships with legal capacity who, when concluding a contract with the Seller, act in the exercise of their commercial or independent professional activity.
§2 Conclusion of the contract, conclusion of the contract
2.1 Our offer is binding. With your order you make a binding offer to us to conclude the contract with you. The contract is concluded when your order is sent to us. You will receive an order confirmation by e-mail.
2.2 Once you have found the desired product, you can view it in detail without obligation by clicking on the item photo or the item description. You can place the item in the shopping cart by clicking on the [Shopping Cart] button. You can view the contents of the shopping basket without obligation at any time by clicking on the button [shopping basket] or [checkout]. You can remove the products from the shopping basket by clicking on the red symbol for [Delete] and the green symbol for [Update]. If you want to buy the products in the shopping cart, click on the button [continue to step 2].
The ordering process comprises five steps. In the first step, you can once again view and edit the contents of the shopping basket. In the second step, you can optionally set up a customer account for your first purchase and enter your personal data and address here. If you already have a customer account, log in here under "I already have an account" with your login data. However, you also have the option of entering your data without it being permanently stored. Then select "Continue order without a personal account" and click on [continue to step 3]. In the third step, enter the billing address and, if applicable, the different shipping address. In the fourth step, select the payment method and shipping method. In the last step under "Send order" you will again receive an overview of your order data and can check, delete or change all details including the shipping address and billing address under [Change data]. You can also correct input errors by navigating backwards in the browser or by cancelling the order process and starting again. To complete your purchase, you must accept our General Terms and Conditions and click on the [Submit Order] button. This sends the order to us and the contract is concluded.
§3 Storage of the contract text
We save your order and the order data entered. We will send you an order confirmation by e-mail and then an order confirmation with all order data. You also have the option of printing out both the order and the General Terms and Conditions before sending the order to us. Finally, you can access the orders you have placed at any time via your customer account.
§4 Right of withdrawal for consumers
The following right of withdrawal only applies to consumers:
Cancellation policy
Right of withdrawal
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 or has taken possession of the goods. To exercise your right of withdrawal, you must inform us (hookahLove UG (haftungsbeschränkt); Managing Director: Maximilian Held, Gewerbestr. 4, D-86859 Igling, Tel.: 08191/220 00 03; e-mail: info@hookahLove.de) by means of a clear declaration (e.g. a letter or e-mail sent by post) of your decision to withdraw from this contract. You may use the enclosed model withdrawal form for this purpose, which is, however, not mandatory. To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of revocation
If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal 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 for this repayment.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
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 notify us of the cancellation of this contract. The deadline is met if you send the goods before the end of the period of fourteen days. 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 testing the quality, characteristics and functioning of the goods.
§5 Model cancellation form
(If you wish to revoke the contract, please complete and return this form).
To
hookahLove UG (limited liability)
Gewerbestr. 4
D-86859 Igling
Tel.: 08191/220 00 03
E-mail: info@hookahLove.de
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods
of the following goods (*)/the provision of the following service (*)
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only in the case of notification on paper)
Date
(*) Delete as applicable.
§6 Prices and shipping costs
6.1 All prices are inclusive of statutory value added tax plus shipping costs.
6.2 The amount of the shipping costs can be found in the information in the respective offer. The values of the goods stated for the shipping costs refer to the value of the goods before deduction of any credit notes and vouchers. The redemption of vouchers of any kind has no influence on the calculation of the flat rate shipping costs.
6.3 When shipping abroad, additional customs duties may be incurred, which the responsible customs authorities will collect directly from you. For deliveries to non-EU countries, we declare the delivery with a description of the contents and value. All customs and import duties that may be incurred are to be borne by the recipient. National import regulations for the respective products are to be observed by the customer. We assume no responsibility for the conformity of our products with national directives and regulations outside the EU.
§7 Delivery conditions
7.1 We deliver with DHL or another provider of our choice. We deliver exclusively to the countries listed in section 7.2.
7.2 We deliver within Germany and to the following countries: Switzerland, Norway, United Kingdom.
7.3 Unless otherwise stated in the offer, the goods will be dispatched within 2 working days after receipt of payment. In the case of delivery on account, the goods will be dispatched within 5 working days after delivery of the order confirmation, unless otherwise stated in the offer.
7.4 If hookahLove UG is not able to deliver the ordered goods through no fault of its own because our supplier does not fulfil its contractual obligations, we are entitled to withdraw from the contract with the client. In this case, the customer will be informed immediately that the ordered product is not available. The customer's statutory claims shall remain unaffected. Any purchase price already paid will be refunded immediately.
7.5 Our offer is directed exclusively at persons of full age. If the customer is under 18 years of age, he may not order any items through us. The delivery and handing over of the goods shall only be made to persons of full age.
§8 Terms of payment
8.1 Payment shall be made either by Paypal or prepayment. We reserve the right to exclude individual payment methods.
8.2 Payments are only due after you have sent the order to us. In the case of advance payment, we will send you our bank details by e-mail with our order confirmation so that you can make the payment. In the case of Paypal, you will be directed directly from the order process to the payment pages of the respective payment company and make the transfer directly yourself.
8.3 Consumers shall only be in default of payment without a reminder from us if they have not paid an invoice amount 30 days after invoicing (recognisable on the invoice date) and if we have specifically pointed out this consequence in the invoice or payment schedule.
8.4 If you are a consumer, the interest rate during the default is 5% above the base rate. If you are not a consumer, the interest rate during the default is 8 % above the base rate. We reserve the right to prove and claim higher damages for delay.
8.5 Klarna's payment options
In collaboration with Klarna Bank AB (publ) , Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. The payment is made to Klarna in each case:
- Invoice: The payment period is 14 days from dispatch of the goods. You will find the invoice conditions here.
- Instalment purchase: With Klarna's financing service, you can pay for your purchase flexibly in monthly instalments of at least 1/24 of the total amount (but at least EUR 6.95) or under the conditions otherwise specified in the checkout. The instalment payment is due at the end of each month after Klarna sends you a monthly invoice. For more information on the instalment purchase including the General Terms and Conditions and the European Standard Information for Consumer Credit, please see here.
- Sofortüberweisung: Your account will be debited immediately after placing the order.
- Direct debit: The debit will be made after the goods have been dispatched. You will be informed of the date by e-mail. You will find further information here.
The use of the payment methods invoice, hire purchase and direct debit requires a positive credit check. You can find more information and Klarna's terms and conditions of use at here. You can get general information about Klarna here. Your personal data will be processed by Klarna in accordance with the applicable data protection provisions and as set out in Klarna's privacy policy treated.
§9 Warranty
9.1 If you are a consumer and place an order with us for a purpose that cannot be attributed to your commercial or professional activity, the warranty shall be provided in accordance with the statutory provisions.
9.2 If you place your order with us as an entrepreneur, the following applies:
9.2.1 Delivered goods are to be inspected by the customer immediately - at the latest within 7 days - after delivery, insofar as this is feasible in the ordinary course of business. If a defect becomes apparent, we must be notified immediately. If the customer fails to notify us, the goods shall be deemed to have been approved, unless the defect was not recognisable during the inspection. If such a defect is discovered later, the notification must be made immediately after discovery, otherwise the goods shall be deemed to have been approved also in view of this defect. § Section 377 of the German Commercial Code (HGB) remains unaffected. The customer is not released from his obligation to inspect the goods even in the event of recourse by the entrepreneur pursuant to § 478 BGB. If in such cases he does not immediately report the defect asserted by his customer, the goods shall also be deemed to have been approved in view of this defect.
9.2.2 Insofar as there is a defect, we are entitled to determine the type of subsequent performance, taking into account the type of defect and the justified interests of the customer. Subsequent performance shall be deemed to have failed in these contracts after the third unsuccessful attempt. This clause does not apply in the case of recourse pursuant to § 478 BGB.
9.2.3 In the event of subsequent performance in the case of defects, we shall only be obliged to bear the expenses required for this, in particular transport, travel, labour and material costs, to the extent that these are not increased by the fact that the item was taken to a place other than the registered office or the commercial branch of the customer to which delivery was made. This clause shall not apply in the event of recourse pursuant to § 478 BGB.
9.2.4 The customer's claims for defects, including claims for damages, are subject to a limitation period of one year. This does not apply in the case of recourse according to § 478 BGB, this also does not apply in the cases of §§ 438 para. 1 no. 2 BGB as well as § 634a para. 1 no. 2 BGB. This also does not apply to claims for damages due to injury to life, body or health or due to a grossly negligent or intentional breach of duty by us or our vicarious agents.
§10 Liability for damages and reimbursement of expenses
10.1 If you are a consumer and place an order with us for a purpose that cannot be attributed to your commercial or professional activity, we shall be liable for damages in accordance with the statutory provisions.
10.2 If you place your order with us as an entrepreneur, the following shall apply in the event of our contractual liability for damages pursuant to sections 10.2 to 10.8:
10.2.1 If the claims are based on an intentional breach of duty by us, our representatives or our vicarious agents, we shall be liable for damages in accordance with the statutory provisions. If the claims are based on a grossly negligent breach of duty by us or our representatives or vicarious agents, liability shall be limited to the foreseeable, typically occurring damage.
10.2.2 Insofar as we or our representatives or vicarious agents have culpably breached an obligation, the fulfilment of which is a prerequisite for the proper execution of the contract, the breach of which jeopardises the achievement of the purpose of the contract and on the observance of which the customer regularly relies - and there is no case of liability under the statutory provisions - liability shall be limited to the foreseeable, typically occurring damage.
10.2.3 Unless otherwise stipulated in sections 10.2.1 and 10.2.2, our liability for damages is excluded. The same shall also apply insofar as recourse claims are asserted against us as suppliers pursuant to § 478 BGB.
10.3 The exclusions and limitations of liability under clause 10.2 shall also apply to other claims, in particular claims in tort or claims for reimbursement of futile expenses instead of performance.
10.4 The exclusions and limitations of liability under clause 10.2 do not apply to any existing claims pursuant to §§ 1, 4 of the Product Liability Act or due to culpable injury to life, limb or health. They also do not apply insofar as we have assumed a guarantee for the quality of our goods or a performance outcome or a procurement risk and the guarantee case has occurred or the procurement risk has materialised.
10.5 We shall only be liable from the assumption of a procurement risk if we have expressly assumed the procurement risk in writing.
10.6 Unless the limitation of liability pursuant to section 10.2 applies in the case of claims arising from producer's liability pursuant to § 823 BGB, our liability shall be limited to the compensation paid by the insurance company. Insofar as this does not occur or does not occur in full, we shall be liable up to the amount of the sum insured. This clause does not apply in the event of culpable injury to life, limb or health.
10.7 Insofar as our liability is excluded or limited, this shall also apply to the personal liability of our employees, workers, staff, representatives and vicarious agents.
10.8 A reversal of the burden of proof is not associated with the above provisions.
§11 Customer service
If you have any questions, complaints or claims, please contact us. You can reach us Monday - Thursday between 10:00 and 16:00 by telephone on 08191 - 220 00 03 or by e-mail at info@hookahLove.de.
§12 Legal order, place of jurisdiction
12.1 German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
12.2 In the case of customers who conclude the contract for a purpose that cannot be attributed to professional or commercial activity (consumers), this choice of law shall not affect the mandatory provisions of the law of the state in which the customer has his habitual residence.
12.3 For all disputes arising from the contractual relationship, if the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction shall be the registered office of our company in Landsberg am Lech.
§13 Miscellaneous
13.1 The contract languages are German and English.
13.2 If one or more provisions of these GTC are ineffective, the remainder of the contract shall remain effective. Insofar as the provisions are invalid, the content of the contract shall be governed by the statutory provisions.
by hookahLove & 
English 
German