General terms of contract for with the provider

HIVE GmbH
Haneen Al Rayes
Rathausufer 14 in 40213 Düsseldorf / Germany

VAT identification number: DE 328 732 072 (hereinafter only referred to as the “provider”)

§ 1 scope, definitions

(1) For the business relationship between the provider and the customer only the following general terms and conditions apply in the version valid at the time of the order. Deviating conditions of the customer are not recognized unless the provider expressly agrees to their validity in writing.

(2) The customer is a consumer, insofar as the purpose of the ordered deliveries and services cannot primarily be attributed to his commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the course of their commercial or independent professional activity.

§ 2 conclusion of contract

(1) The customer can select products from the range of the provider and collect them in a so-called shopping cart using the “add to cart” button. The customer submits a binding application for the purchase of the goods in the shopping cart by clicking the “order with payment” button. Before submitting the order, the customer can change and view the data at any time. However, the application can only be submitted and transmitted if the customer has accepted these terms and conditions by clicking on the “Accept terms and conditions” button and thereby included them in his application.

(2) The provider then sends the customer an automatic order confirmation by email, in which the customer’s order is listed again and which the customer can print out using the “Print” function. The automatic order confirmation only documents that the customer’s order has been received by the provider and does not constitute acceptance of the application. The contract is only concluded when the provider issues the declaration of acceptance, which is sent with a separate email (order confirmation) . In this order confirmation e-mail or in a separate e-mail, but at the latest when the goods are delivered, we will send the contract text (consisting of the order, general terms and conditions and order confirmation) to the customer on a durable medium (e-mail or paper printout) (Contract confirmation). The text of the contract is saved while protecting data protection.

(3) The contract is concluded in German.

§ 3 delivery, availability of goods

(1) Delivery times specified by us are calculated from the time of our order confirmation, provided the purchase price has been paid in advance. If no or no deviating delivery time is specified for the respective goods in our online shop, it is 14 days.

(2) If no copies of the product selected by him are available at the time of the customer’s order, the provider shall inform the customer of this immediately in the order confirmation. If the product is permanently unavailable, the provider refrains from a declaration of acceptance. A contract is not concluded in this case.

(3) If the product specified by the customer in the order is only temporarily unavailable, the provider shall also inform this immediately in the order confirmation. In the event of a delivery delay of more than two weeks, the customer has the right to withdraw from the contract. The customer’s statutory right of withdrawal (see § 9 of these terms and conditions) is not affected. In this case, the provider is also entitled to withdraw from the contract. In doing so, she will immediately reimburse any payments already made by the customer.

(4) There are the following delivery restrictions: The provider only delivers to customers who are habitually resident (billing address) in one of the following countries and can specify a delivery address in the same country: Germany.

§ 4 retention of title

The delivered goods remain the property of the provider until full payment has been made.

§ 5 prices and shipping costs

(1) All prices stated on the provider’s website include the applicable statutory sales tax.

(2) The corresponding shipping costs are specified to the customer in the order form and are to be borne by the customer, unless the customer exercises his right of withdrawal. From an order value of 100 € the provider delivers free of charge to the customer in Germany.

(3) The goods are dispatched by DHL or delivered by a messenger. The provider bears the shipping risk if the customer is a consumer.

(4) In the event of a revocation, the customer must bear the direct costs of the return.

§ 6 payment modalities

(1) The customer can pay via PayPal or credit card. The payment partner is YOOYAMA GmbH Düsseldorf.

(2) The customer can change the payment method stored in his user account at any time.

(3) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of the payment is determined according to the calendar, the customer is already in default by missing the appointment. In this case he has to pay the provider default interest of 5 percentage points above the respective base rate.

(4) The customer’s obligation to pay default interest does not preclude the provider from asserting further damage caused by delay.

§ 7 warranty for defects, guarantee

(1) The provider is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. For entrepreneurs, the warranty period for items supplied by the provider is 12 months.

(2) There is an additional guarantee for the goods delivered by the provider only if this has been expressly given in the order confirmation for the respective article.

§ 8 liability

(1) Claims by the customer for damages are excluded. This does not include claims for damages by the customer from injury to life, limb, health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty on the part of the provider, its legal representatives or vicarious agents . Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.

(2) In the event of a breach of essential contractual obligations, the provider is only liable for the contractually typical, foreseeable damage if this was simply caused by negligence, unless the customer is entitled to compensation for damage to life, limb or health.

(3) The restrictions in paragraphs 1 and 2 also apply in favor of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.

(4) The provisions of the Product Liability Act remain unaffected.

§ 9 cancellation policy

(1) Consumers generally have a statutory right of withdrawal when concluding a distance selling transaction, about which the provider subsequently provides information in accordance with the legal model. The exceptions to the right of withdrawal are regulated in paragraph (2). A model withdrawal form can be found in paragraph (3).

Right of withdrawal

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, took possession of the goods.
In order to exercise your right of withdrawal, you must inform us of your decision to cancel this contract by means of a clear statement (e.g. a letter sent by post, fax or email). You can use the attached sample withdrawal form, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your communication regarding your exercise of the right of cancellation before the cancellation period expires.

Consequences of cancellation

If you withdraw from this contract, we have made all payments we have received from you, including delivery costs (with the exception of the additional costs that result from the fact that you chose a different type of delivery than the cheap standard delivery we offer have) to repay immediately and at the latest within fourteen days from the day on which we have received notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.

Consequences of cancellation

If you withdraw from this contract, we have made all payments we have received from you, including delivery costs (with the exception of the additional costs that result from the fact that you chose a different type of delivery than the cheap standard delivery we offer have) to repay immediately and at the latest within fourteen days from the day on which we have received notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.

We can refuse the 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 event no later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send off the goods before the period of fourteen days has expired.

You 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 that is not necessary for checking the nature, properties and functionality of the goods.

(2) The right of withdrawal does not exist for contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or that are clearly tailored to the personal needs of the consumer, for contracts for the delivery of goods that can spoil quickly or whose expiration date would quickly be exceeded and in contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal was removed after delivery

(3) The provider provides information via the model cancellation form in accordance with the statutory provisions. Click here and download the cancellation form.