Terms and Conditions
General Terms and Conditions (GTC)
for orders placed via the Habibi Online Shop
1. Scope of Application
These General Terms and Conditions apply to all orders for goods placed by consumers or entrepreneurs through the online shop of Habibi UG (haftungsbeschränkt). A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.
2. Contracting Party
The purchase contract is concluded with Habibi UG (haftungsbeschränkt), Am Sieltief 1, 26919 Brake, Germany, E-Mail: info@habibiyouknow.com, Commercial Register: District Court Oldenburg, HRB 214349.
3. Conclusion of Contract
The presentation of products in the online shop does not constitute a legally binding offer, but an non-binding invitation to order. You can initially place products in the shopping cart without obligation and correct your entries at any time before submitting your binding order. By clicking the order button, you submit a binding offer to conclude a purchase contract for the goods contained in the shopping cart. The contract is concluded as soon as we accept your order by a declaration of acceptance in text form, by a shipping confirmation, or by delivering the goods. The automatic order confirmation only documents that your order has been received by us and does not yet constitute acceptance of the contract.
4. Contract Language and Contract Text Storage
The language available for the conclusion of the contract is German. If other languages are offered in the shop, this is solely for user convenience. We save the contract text and send you the order data as well as these GTC in text form. Past orders can be viewed in your customer account – if a customer account is offered and used.
5. Prices and Shipping Costs
All prices are total prices in Euro and include the statutory value-added tax, if applicable. In addition to the stated product prices, shipping costs may apply. The applicable shipping costs will be clearly communicated to you during the order process.
6. Delivery and Delivery Conditions
Delivery will be made to the delivery address you provide. Delivery times are stated in the respective offer or in the order process. Unless otherwise stated, delivery will be ex warehouse. If an ordered product is temporarily unavailable, we will inform you immediately. Any payments already made will be refunded immediately in this case. Partial deliveries are permissible, provided they are reasonable for you.
7. Payment
The payment methods displayed in the order process are available to you in our online shop. We reserve the right not to offer individual payment methods in individual cases. Payment is due immediately upon conclusion of the contract, unless otherwise specified for the respective payment method.
8. Retention of Title
The goods remain our property until full payment has been made.
9. Right of Withdrawal
Consumers are entitled to the statutory right of withdrawal. The details are set out in the separate cancellation policy and the sample cancellation form, which are provided on the website.
10. Transport Damages
If goods are delivered with obvious transport damage, please report such defects to the deliverer immediately and contact us without delay. Failure to report or contact us has no consequences for your statutory claims and their enforcement, in particular your warranty rights. However, you help us to assert our own claims against the carrier or the transport insurance.
11. Defect Rights
The statutory liability for defects applies. For entrepreneurs, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. For consumers, the statutory limitation periods apply. The aforementioned limitations for entrepreneurs do not apply to claims for damages arising from injury to life, body or health, in the case of intentional or grossly negligent breach of duty, or in the case of fraudulent concealment of a defect.
12. Liability
We are liable without limitation for intent and gross negligence as well as for damages resulting from injury to life, body or health. In the event of a slightly negligent breach of essential contractual obligations, we are only liable for the typical, foreseeable damage. In all other respects, liability is excluded. The provisions of the Product Liability Act remain unaffected.
13. Vouchers and Discount Codes
If vouchers or discount codes are offered, they can only be redeemed within the communicated period and under the specified conditions. A cash payment is excluded. A subsequent crediting to already completed orders is excluded, unless mandatory legal provisions dictate otherwise.
14. Redemption of Gift Vouchers
Gift vouchers and any remaining credit can be redeemed until the end of the third year following the year of voucher purchase, unless otherwise stated on the specific voucher. Gift vouchers can only be redeemed before completing the order process. A cash payment is excluded.
15. Final Provisions
If you are an entrepreneur, German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our registered office. For consumers, the statutory place of jurisdiction and choice of law rules apply.
16. Note on Dispute Resolution
We are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.
