General terms and conditions with customer information

Table of Contents

1. scope
2. Conclusion of the contract
3. Right of withdrawal
4. Prices and terms of payment
5. Delivery and shipping conditions
6. Contract duration and termination of the contract for subscription contracts
7. Retention of title
8. Liability for defects (warranty)
9. Removal of action vouchers
10. Removal of gift vouchers
11. Applicable law
12. Alternative dispute resolution

1) scope

1.1These general terms and conditions (hereinafter "AGB") of the Fabian Arnold, acting under "Hypeneedz" (hereinafter "seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "customer") with the seller the goods shown by the seller in his online shop. This contradicts the inclusion of the customer's own conditions, unless something else has been agreed.

1.2These terms and conditions apply accordingly to contracts for the delivery of vouchers, provided that something deviating is not expressly regulated.

1.3Consumers within the meaning of this terms and conditions is every natural person who concludes a legal transaction for purposes that can mostly be attributed to their commercial nor their independent professional activity. Entrepreneurs within the meaning of this GTC is a natural or legal person or a legal partnership that acts in the exercise of their commercial or independent professional activity when the legal transaction is completed.

1.4Depending on the product description of the seller, the subject of the contract can be both the purchase of goods by means of a masculine and the purchase of goods by means of a permanent delivery (hereinafter "subscription contract"). In the case of the subscription contract, the seller undertakes to deliver the contractually owed goods to the customer for the duration of the agreed contract term in the contractually owed time intervals.

2) Contract conclusion

2.1The product descriptions contained in the online shop of the seller do not represent a binding offers on the part of the seller, but are used to submit a binding offer by the customer.

2.2The customer can submit the offer via the online order form integrated in the seller's online shop. After putting the selected goods in the virtual shopping cart and undergoing the electronic ordering process, the customer gives a legally binding contract offer with regard to the goods contained in the shopping cart.

2.3The seller can accept the customer's offer within five days,

• by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation is decisive in the customer, or
• by providing the customer to the customer, with the access of the goods to the customer, or
• by asking the customer to pay after submitting them.

If there are several of the aforementioned alternatives, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The deadline for accepting the offer begins to run on the day after the customer is sent and ends with the end of the fifth day, which follows the dispatch of the offer. If the seller does not accept the customer's offer within the aforementioned period, this applies as a rejection of the offer with the result that the customer is no longer bound to his declaration of intent.

2.4When selecting a payment method offered by PayPal, payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et cie, s.c.a., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), assuming the PayPal-Use conditions, visible at https://www.paypal.com/de/webapps/mpp/ua /Useragreement-full or-if the customer does not have a PayPal account-with the validity of the conditions for payments without a PayPal account, visible at https://www.paypal.com/de/webapps/mpp/ua/privacywax- full. If the customer pays by means of a payment method offered by PayPal in the online order process, the seller already explains the acceptance of the customer's offer at the time when the customer clicks on the button final.

2.5When selecting the payment method "Amazon Payments", the payment processing is carried out via the payment service provider Amazon Payments Europe S.C.A., 38 Avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: "Amazon"), under the validity of the Amazon Payments Europe Usage agreement, visible at HTTPS : //payments.amazon.de/help/201751590. If the customer selects as a payment method as part of the online ordering process "Amazon Payment", he also gives a payment order to Amazon by clicking the button that has finalized the ordering process. In this case, the seller already explains the acceptance of the customer's offer at the time when the customer triggers the payment process by clicking the button that concludes the ordering process.

2.6When submitting an offer via the seller's online order form, the contract text is saved by the seller after the conclusion of the contract and sent the customer in text form (e.g. email, fax or letter) after sending his order. The seller's access to the contract is not accessible. If the customer has set up a user account in the seller's online shop before sending his order, the order data on the seller's website is archived and can be called up free of charge by the customer via his password-protected user account stating the corresponding login data.

2.7Before placing the order using the online order form of the seller, the customer can recognize possible input errors by carefully reading the information shown on the screen. An effective technical means of better detection of input errors can be the enlargement function of the browser, with the help of which the display is enlarged on the screen. The customer can correct his entries as part of the electronic ordering process via the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.

2.8The German and the English language are available for the conclusion of the contract.

2.9Order processing and contacting usually take place by email and automated order processing. The customer must ensure that the e-mail address specified for order processing is correct so that the emails sent by the seller can be received at this address. In particular, when using spam filters, the customer must ensure that all third parties sent by the seller or the third party sent with the order processing can be delivered.

3) Right of withdrawal

3.1Consumers are generally entitled to a right of withdrawal.

3.2More information on the right of cancellation arises from the cancellation policy of the seller.

3.3The right of withdrawal does not apply to consumers who are not a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time of the contract.

4) Prices and terms of payment

4.1Unless otherwise resulting from the seller's product description, the prices given are total prices. VAT is shown if it is not goods that are subject to differential taxation in accordance with Section 25a UStG. If necessary, additional delivery and shipping costs are specified separately in the respective product description.

4.2In the case of deliveries to countries outside the European Union, there may be additional costs that the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transmission of money by credit institutions (e.g. transfer fees, exchange rate fees) or import tax taxes or taxes (e.g. tariffs). Such costs can also be incurred in terms of transmission of money if the delivery does not take place to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

4.3The payment options are/will be communicated to the customer in the seller's online shop.

4.4If the prepayment has been agreed by bank transfer, the payment is due immediately after the contract is concluded if the parties have not agreed on a laterity date.

4.5If the payment method is selected immediately, the payment processing is carried out via the payment service provider STJUB, Theresienhöhe 12, 80339 Munich (hereinafter "immediately"). In order to be able to pay the invoice amount via "immediately", the customer must have an online banking account that is freely switched to participate in "immediately", legitimize itself according to the payment process and confirm the payment instructions to "immediately". The payment transaction is carried out immediately afterwards by "immediately" and the customer's bank account is charged. The customer can call up more information about the payment method "Immediately" on the Internet at https://www.klarna.com/sofort/.

4.6When selecting a payment method offered via the payment service "Mollie", payment processing is carried out via the payment service provider Mollie B.V., Kezersgracht 313, 1016 EE Amsterdam, Netherlands (hereinafter: "Mollie"). The individual payment methods offered via Mollie will be informed of the customer in the seller's online shop. To handle payments, Mollie can use further payment services, for which special payment terms may apply, which the customer may be pointed out separately. Further information on "Mollie" can be called up on the Internet at https://www.mollie.com/de/.

4.7When selecting a payment method offered by the "Klarna" payment service, payment processing is made via Klarna Bank (Publ), Sveafen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). More information and the conditions of Klarna can be found in the seller's payment information, which can be viewed under the following website:

https://www.hypeneedz.com/pages/order-payment

5) Delivery and shipping conditions

5.1The delivery of goods takes place on the shipping route to the delivery address provided by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the order processing of the seller is decisive.

5.2If the delivery of the goods fails for reasons for which the customer is responsible, the customer bears the appropriate costs for the seller. This does not apply to the costs for the return if the customer effectively exercises his right of withdrawal. For the return costs, the regulation made in the cancellation policy of the seller applies if the cancellation of the right of cancellation is effective.

5.3Pickup is not possible for logistical reasons.

5.4Vouchers are left to the customer as follows:

• download
• by email

6) Duration of the contract and termination of the contract for subscription contracts

6.1The right to extraordinary termination for an important reason remains unaffected. An important reason exists if the terminating part can not be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period.

6.2Terminations must be made in writing or in text form (e.g. by email).

7) Reference to retention of title

If the seller arrives in advance, he reserves the property of the delivered goods until the purchase price owed is fully paid.

8) Liability for defects (warranty)

8.1If the purchased item is poor, the provisions of the statutory liability for defects apply.

8.2Deviating from this applies to used goods: Claims for defects are excluded if the defect only occurs after a year from the delivery of the goods. Defects that occur within one year of the delivery of the goods can be asserted within the statutory limitation period. However, the shortening of the liability for one year does not apply

• For things that have been used for a building according to their usual uses and whose deficiency have caused,
• For claims for damages and reimbursement of expenses of the customer, as well as
• In the event that the seller has fraudulently concealed the defect.

8.3If the customer acts as a consumer, he is asked to claim goods delivered with obvious transport damage to the deliverer and to inform the seller. If the customer does not comply, this has no effect on his legal or contractual claims for defects.

9) Redeem of action vouchers

9.1Vouchers that the seller issued free of charge as part of advertising campaigns with a certain duration of validity and which cannot be purchased by the customer (hereinafter "Action vouchers" ") can only be redeemed in the online shop of the seller and only in the specified period.

9.2Individual products can be excluded from the voucher campaign if there is a corresponding restriction from the content of the action voucher.

9.3Action vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

9.4Only one action voucher can be redeemed per order.

9.5The value of the goods must at least correspond to the amount of the action voucher. Any remaining credit is not reimbursed by the seller.

9.6If the value of the action voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to pay the difference.

9.7The credit of an action voucher is neither paid out in cash nor interest.

9.8The promotional voucher will not be reimbursed if the customer returns the goods fully or partially paid with the action voucher as part of its legal right of withdrawal.

9.9The action voucher is only intended for use by the person named on it. A transfer of the action voucher to third parties is excluded. The seller is justified, but not obliged to check the material claim for claims of the respective voucher holder.

10) Refraining from gift vouchers

10.1Vouchers that can be purchased via the seller's online shop (hereinafter "gift vouchers" ") can only be redeemed in the seller's online shop, unless otherwise emerging from the voucher.

10.2Gift vouchers and residual credit of gift vouchers can be redeemed by the end of the third year after the year of voucher shopping. Remaining credit will be credited to the customer until the expiry date.

10.3Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

10.4Only one gift voucher can be redeemed per order.

10.5Gift vouchers can only be used for the purchase of goods and not to buy other gift vouchers.

10.6If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to pay the difference.

10.7The credit of a gift voucher is neither paid out in cash nor interest.

10.8The gift voucher is transferable. The seller can provide the respective owner who redeems the gift voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of non -authorization, incapacity for business or the lack of authorization to represent the respective owner.

11) Applicable law

11.1For all legal relationships between the parties, the law of the Federal Republic of Germany applies to the exclusion of the laws on the international purchase of mobile goods. In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has its habitual residence is withdrawn.

11.2Furthermore, this choice of law does not apply to consumers with regard to the statutory right of withdrawal, which at the time of the conclusion of the contract there is no Member State of the European Union and their sole place of residence and delivery address at the time the contract is concluded outside the European Union.

12) Alternative dispute resolution

12.1The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for out-of-court settlement of disputes from online purchase or service contracts in which a consumer is involved.

12.2The seller is neither obliged nor ready to participate in a dispute settlement procedure in front of a consumer arbitration board.