General Terms and Conditions
of hyggbo GmbH
Published: February 2023
DesignBite is a brand established by hyggbo GmbH.
1 Scope
1.1. These General Terms and Conditions apply to all contracts, deliveries and other services of the entrepreneur (hereinafter: “Provider”) to a consumer or entrepreneur (hereinafter: “Customer”) relating to hyggbo GmbH or marketplace offers. Items for sale or purchased by the customer are hereinafter referred to as both “items” and “goods”.
1.2 The provider expressly rejects to the inclusion of any conditions of the customer, unless the contracting parties agree otherwise in writing.
1.3 An entrepreneur for the purposes of these terms and conditions is deemed to be a natural or legal entity or a company with legal personality who is acting in pursuance of their commercial or self-employed function when concluding a legal transaction.
2 Offer and order acceptance, return policy
2.1. Offers via WooCommerce online shop
2.1.1 The provider offers the items for sale via its website, where there is a WooCommerce webshop. The presentation of the products in the online shop does not constitute a legally binding offer, but rather a non-binding online catalogue.
When purchasing via the online shop www.hyggbo.de, a purchase contract is concluded when the provider accepts the customer’s order. The customer can place the goods selected for purchase in the shopping cart by clicking on the Add to Cart button. After placing the items in the shopping cart, the customer can edit their selection before clicking on the Proceed to Checkout button to enter the address and select a payment method. Only by clicking on the Order button does the customer place a binding order for the goods in the shopping cart. Before submitting an order, the customer can edit any entries made at any time. Furthermore, all entries are displayed again before entering the payment details and before submitting the binding order. Receipt and acceptance of the order will be confirmed to the customer by email.
2.2 Offers via Otto.de
2.2.1 The General Terms and Conditions of Otto apply to orders placed with Otto.de. Additionally, the following applies:
2.2.2 By listing an item via the online shop, the provider makes a binding offer to conclude a contract for this item. The customer has the option of completing the ordering process via the shopping cart.
2.2.2.1 When ordering via the shopping cart, the customer can initially place the provider’s items in the shopping cart without obligation and edit their entries at any time before submitting a binding order by using the edit options provided for this purpose in the ordering process. The contract is deemed concluded when the customer accepts the offer for the items placed in the shopping cart by clicking on the order button.
2.2.3 Immediately after submitting the order, the customer will receive a confirmation email.
2.2.3 For all goods purchased on the marketplace, the customer has, in addition to the statutory right of cancellation, the right to return the items within 30 days. The customer is also entitled to cancel the order after the expiry of the 14-day cancellation period by registering the goods for return under My Account within 30 days of receipt (this period begins on the day after receipt of the goods) and sending them back to our returns address (see cancellation policy). The timely despatch of the goods shall be deemed sufficient to comply with the return deadline. In the case of shipped goods, instead of returning them to us, you will be given the option of collection of the goods within the 30-day return period. The prerequisite for exercising the right to return is that the goods are complete and in an intact and undamaged condition. If these requirements are not met, the return of the goods can be refused or compensation can be demanded for any diminished value of the goods if such diminished value is due to handling of the goods beyond what is deemed necessary to ascertain the quality, nature and functioning of the goods. The right to return does not apply to contracts for the supply of sealed goods which, for health and hygiene reasons, are not suitable for return if their seal has been broken after delivery. The same applies for delivered goods which are not prefabricated, but were specially produced according to the individual features selected by the customer or which are clearly tailored to their personal requirements. Prior to the deadline for the statutory right of cancellation, only the statutory conditions listed therein apply. The contractually agreed right to return is without prejudice to the customer’s statutory rights and claims, the exercise of which is free of charge. In particular, the customer’s statutory right of cancellation and statutory warranty rights without restriction remain unaffected..
3 Prices and payment terms
3.1 The stipulated prices shall apply. These prices include VAT. The customer shall be notified of the shipping and packaging costs for their order in advance.
3.2 The following payment options are available to the customer:
3.2.1 For our online shop
Prepayment
We accept your order by sending you a declaration of acceptance in a separate email within two days, in which we give you our bank details.
PayPal
During the ordering process you will be redirected to the PayPal website. There you can enter your payment details and confirm the payment instruction to PayPal. After placing your order in our shop, we ask PayPal to carry out the payment transaction and thereby accept your offer.
3.2.2 For Otto.de
The customer can usually pay in advance, by direct debit, on account or by installment. Payments in this case are processed by OTTO Payments GmbH, Werner-Otto-Straße 1-7, 22179 Hamburg (“OTTO Payments”) and Ratepay GmbH, Franklinstr. 28-29, 10587 Berlin (“Ratepay”) (OTTO Payments and Ratepay are hereinafter also referred to as “payment service providers”). If an effective purchase contract is concluded between the customer and the provider, the provider shall assign its outstanding payment claim against the customer to one of the payment service providers. The customer shall be informed of which payment service provider will be used to process the payment, either when placing the order or at the latest upon receipt of the order confirmation. When placing an order, the customer consents to the transfer of their personal data and order details to the selected payment service provider for the purposes of identity verification and credit checks, as well as for processing the order. The customer can find more information about payment processing via OTTO Payments in the OTTO Payments Terms of Payment and the OTTO Payments Privacy Policy, which are part of these General Terms and Conditions and always apply when the payment is processed via OTTO Payments. The customer can find more information about payment processing via Ratepay in the Ratepay Terms of Payment and the Ratepay Privacy Policy, which are part of these General Terms and Conditions and always apply when the payment is processed via Ratepay. Direct debits are collected by the payment service provider Hanseatic Bank GmbH & Co KG, Bramfelder Chaussee 101, 22177 Hamburg.
3.3 If the customer defaults on his payment obligations, the provider may demand compensation in accordance with the statutory provisions and/or withdraw from the contract.
3.4 The provider shall always issue an invoice to the customer, which shall be forwarded to them upon delivery of the goods or otherwise sent in writing.
4 Delivery and transfer of risk
4.1 The ordered goods will be delivered to the address specified by the customer, unless otherwise agreed in the contract. Delivery shall be made directly via the provider’s suppliers. It reserves the right to make a partial delivery if this appears beneficial for a speedy processing and the partial delivery is not deemed exceptionally unreasonable for the customer. Additional costs resulting from partial deliveries will not be charged to the customer.
4.2 The provider delivers exclusively via online selling. It is not possible to collect items purchased in person.
4.3 The availability of individual items is indicated in the item descriptions. Unless otherwise stated in the item description, items will be dispatched within 5 days of placing the order (in the case of prepayment by bank transfer: 5 days from the customer’s instruction to pay).
4.4 The provider reserves the right to release itself from the obligation to fulfil the contract if the goods are to be delivered by a supplier on the agreed delivery date and the delivery has not been made in whole or in part. This proviso only applies if the provider is not responsible for the non-delivery. The provider shall not be responsible for the failure to deliver the service as long as a corresponding supply agreement was concluded with the supplier in good time to fulfil the contractual obligations. If the goods are not delivered, the provider shall notify the customer immediately of this fact and refund any payment made for the order, including shipping costs.
4.5 The risk of accidental loss and accidental deterioration of the goods shall pass to the customer upon handover at the latest. If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay shall pass to the customer upon delivery of the goods to the freight forwarder, courier or other agent commissioned to carry out the shipment.
4.6. Delivery options:
Parcel delivery:
Delivery is made by a parcel service and is handed over personally to the customer or an authorised third party. The parcel must be signed for to complete delivery. If the customer or an authorised third party is not at the delivery address at the time of delivery, the courier will leave a note with the telephone number of the courier service. The customer is obliged to cooperate in ensuring delivery is successful by contacting the courier service.
Delivery by freight forwarder (large items):
The carrier will contact the customer to arrange a delivery date. When placing the order, the customer must provide a telephone number at which he can be easily reached during the day. Delivery to the customer must take place within a maximum of 7 working days after the freight forwarder has contacted them, otherwise hyggbo reserves the right to pass on any additional storage costs incurred by the freight forwarder to the customer. Delivery usually takes place on working days between 8:00 am and 6:00 pm. Additional services such as Saturday and late deliveries are possible for an additional charge, depending on availability, and must be agreed separately with the shipping company. Our logistics partners deliver to your house (kerbside), i.e. delivery drivers are not obliged to carry the goods further, such as into your apartment, stairwell, etc. The customer has the option of selecting a 2-man delivery service, which ensures the delivery will be brought inside the house or apartment. In case of a return, the collection will be carried out by a 1-man collection team. Collection from a house or apartment is not possible for large items.
5 Default in payment and acceptance
5.1 In the event of a default in payment, the customer shall be liable for any negligence and for the accidental loss of goods provided by the provider or already delivered. Interest charges in accordance with statutory regulations shall apply.
5.2 If the customer does not accept the goods that have been properly delivered or made available – without exercising any right of cancellation relating to the purchase of consumer goods – the customer shall be in default of acceptance. In the event of default in acceptance, the customer is obliged to reimburse the additional costs incurred as a result, for example the additional shipping costs incurred as a result of multiple delivery attempts or any resulting storage or administration costs. Once default in acceptance is established, the provider is no longer liable for ordinary negligence. If the customer unreasonably and seriously refuses acceptance, the provider may withdraw from the contract and claim for the loss of earnings as compensation.
6 Retention of title, rights of retention
6.1 The delivered goods shall remain the property of the provider until all claims arising from the contract have been settled. In the event that the customer is a legal entity under public law, a special fund under public law or an entrepreneur in the exercise of his commercial or self-employed duties, this also extends beyond the ongoing business relationship until all claims to which the provider is entitled in connection with the contract have been settled.
6.2 The customer is only entitled to exercise a right of retention to the extent that their counterclaim is based on the same contractual relationship.
7 Liability for material and legal defects
7.1 If defects exist, the customer is entitled to the statutory warranty rights in accordance with the following provisions. If the contract only involves merchants, the provisions of §§ 377 et seq. of the German Commercial Code (HGB) additionally apply.
7.2 Damage caused by improper use and/or handling by the customer when storing the item shall not justify a warranty claim against the provider.
7.3 If goods are delivered with obvious damage to the packaging or contents, the customer should, without prejudice to their existing warranty rights, report the damage to the courier/freight forwarder and also contact the provider by email or phone so that the provider can assert its rights against the courier/freight forwarder.
7.4 The customer must notify the provider of any defects within the warranty period of two years. If the customer is a company, the warranty period is one year. In the case of used items, the warranty period for consumers is one year from delivery date of the goods, in deviation from the statutory regulation.
7.5 The aforementioned limitations do not apply if the provider has fraudulently concealed a defect or has given a guarantee for the quality of the goods, and do not apply to claims for damages by the customer which are aimed at compensation for physical injury or damage to health due to a defect for which the provider is responsible or which are based on an intentional or grossly negligent fault on the part of the provider or its vicarious agents.
7.6 If defects exist and were reported in a timely manner, the provider is entitled to provide supplementary performance. If the supplementary performance fails, the customer is entitled to demand a reduction of the purchase price or to withdraw from the contract. Otherwise, the statutory provisions apply.
8 Disclaimer
8.1 Apart from liability for material and legal defects, the provider shall be liable without limitation if a breach of duty giving rise to liability was committed with intent or gross negligence. In the case of ordinary negligence, the provider shall only be liable for a breach of an essential contractual obligation or cardinal obligation, which shall be limited to the damage that was foreseeable and typical for the contract at the time the contract was concluded. The provider shall not be liable for an ordinary negligent breach of obligations other than those set out above.
8.2 The liability limitations of the preceding paragraph shall not apply in the event of injury to life, body or health, for a defect after a guarantee has been given for the quality of the product and in the event of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
8.3 Where the liability of the provider is excluded or limited, this also applies to the personal liability of its employees, representatives and vicarious agents.
9 Data protection
9.1 The customer acknowledges and agrees that the personal data required to process the order will be stored on data media by the provider. The customer expressly consents to the collection, processing and use of their personal data. The personal data stored will treated confidentially by the provider. The collection, processing and use of the customer’s personal data is carried out in compliance with the General Data Protection Regulation (GDPR), the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG). The customer can obtain further information from the provider’s privacy policy.
9.2 The customer has the right to revoke his consent at any time, with takes effect from that date. In this case, the provider is obliged to immediately delete the customer’s personal data. For ongoing order processes, deletion will occur after the order process has been completed.
10 Applicable law, place of jurisdiction, dispute settlement
10.1 The business relationship between the provider and the customer is subject to the law of the Federal Republic of Germany. In the case of consumers, this choice of law shall only apply to the extent that it would not deprive a consumer of the protection granted by the mandatory statutory provisions of the country in which he or she has habitual residence. Application of the UN Convention on Contracts for the International Sale of Goods is excluded.
10.2 The place of jurisdiction is Lüneburg District Court, Am Ochsenmarkt 3, 21335 Lüneburg, provided that the customer is a business owner, a legal entity under public law or a special fund under public law. The same applies if the customer does not have a general place of jurisdiction in Germany or if the place of residence or habitual abode is not known at the time the action is brought.
10.3 Consumers have the option of using alternative dispute resolution. The European Commission provides a platform for online dispute resolution (OS), which the customer can access at https://ec.europa.eu/consumers/odr/. There you will find information about online dispute resolution. It also serves as a contact point for out-of-court dispute resolution of disputes resulting from online purchases or online service contracts.
10.4 Furthermore, the provider is willing to participate in an out-of-court arbitration procedure before a consumer arbitration board. The body responsible for such procedures is General Consumer Arbitration Board of the Centre for Arbitration e.V., Straßburger Straße 8, 77694 Kehl am Rhein, verbraucher-schlichter.de.
11 Cancellation rights and policy
11.1 If the customer is a natural person who concludes a contract with the provider by way of distance selling for a purpose that can predominantly neither be attributed to his commercial nor self-employed activity (consumer), he has a right to cancel.
11.2 The right to cancel shall not apply to contracts
– for the supply of goods which are not prefabricated, but were specially produced according to the individual features selected by the customer or which are clearly tailored to their personal requirements.
The right to cancel shall expire prematurely for contracts
– for the supply of sealed goods which, for health and hygiene reasons, are not suitable for return if their seal has been broken after delivery.
11.3 Cancellation policy
Right to cancel
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period shall be fourteen days from the date on which you or a third party other than the carrier designated by you takes possession of the goods; in the case of a single order for several goods: takes possession of the last goods.
To exercise your right to cancel, you must
Name: hyggbo GmbH
Address: Karl-Ferdinand-Braun-Str. 18
Tel: 04171 – 66 962 – 0
Email: hej@hyggbo.de
inform us of your decision to cancel this contract in writing (e.g. a letter sent by post or email). You may use the cancellation form attached, although this is not mandatory.
Sending your cancellation request to us before the cancellation period has expired shall be deemed sufficient to comply with the cancellation deadline.
Effects of cancellation
Should you cancel this contract, we will refund all payments that we have received from you, including shipping costs (with the exception of additional costs resulting from choosing a delivery option other than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the date on which we received notification of your cancellation of this contract. The refund will be made using the same method of payment that you used for the original transaction, unless we have expressly agreed otherwise. Under no circumstances will you be charged any fees for this refund. We may refuse reimbursement until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is the earlier.
You are required to return the goods to us promptly and in any event no later than fourteen days from the date on which you notify us that you have cancelled this contract. Sending the goods back to us before the expiry of the fourteen-day period shall be deemed sufficient to comply with the deadline. The return costs for the goods shall be borne by you.
You shall only be liable for diminished value of the goods if such diminished value is due to handling of the goods beyond what is deemed necessary to ascertain the quality, nature and functioning of the goods.
The following changes apply to certain countries:
Switzerland: there is no right of cancellation.
Cancellation form
(You can use this form to submit a cancellation request)
– To: hyggbo GmbH, Karl-Ferdinand-Braun-Str. 18, 21432 Winsen Luhe
Email: hej@hyggbo.de
– I/we (*) hereby cancel the order placed by me/us (*) for the purchase of the following goods (*)/
– Ordered on (*)/ received on (*)
– Customer name(s)
– Address
– Signature(s) (only for paper forms)
– Date
_______________________
(*) Please delete as applicable.
12 Final provisions
15.1. If you are an entrepreneur, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
15.2. If you are a businessperson according to the German Commercial Code, a legal entity under public law or a special fund under public law, the sole place of jurisdiction for all disputes arising from contractual relationships between you and us shall be our company’s registered office.
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– Customer name(s)
__
– Address
– Signature(s) (only for paper forms)
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– Date
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(*) Please delete as applicable