Hypemyapp.com

Terms and conditions


Terms and Conditions



§ 1
Scope & defensive clause


(1) The following general terms and conditions of business apply in the respective version at the time of the order for the legal relations between the operator of the shop (hereinafter referred to as the "Supplier") and his customers established by means of this Internet shop.

(2) Different terms and conditions of the customer will be rejected.


§ 2
Conditions of the contract


(1) The presentation of the products in the online shop is not a legally binding offer, but a non-binding online catalog.

(2) By clicking on the button "Buy", you place a binding order of the selected goods. You hereby assure the vendor that, when ordering, you will provide a link to your free and worldwide available application so that the promotion can be carried out.

(3) The supplier confirms receipt of the customer's order by sending a confirmation e-mail or by delivering the goods within two working days.


§ 3
Retention of title


The delivered goods remain the property of the offerer up to the complete payment.


§ 4
Maturity


The payment of the purchase price is due upon conclusion of the contract.


§ 5
Warranty


(1) The warranty rights of the customer shall be governed by the general statutory provisions, unless otherwise specified below. The provision in § 6 of these terms and conditions applies to claims for damages by the customer against the supplier.

(2) The limitation period for warranty claims of the customer is 2 years for newly manufactured items, 1 year for used items. The limitation period for newly manufactured items and for used items is 1 year. The abovementioned shortening of the limitation periods does not apply to damages claims of the customer due to injury to life, body, health as well as to claims for damages resulting from a breach of essential contractual obligations. Significant contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract, e.g. The supplier has to give the customer the matter free of material and legal defects and To procure ownership of it. The abovementioned shortening of the limitation periods shall also not apply to claims for compensation which are based on an intentional or grossly negligent breach of duty by the supplier, his legal representatives or vicarious agents. Is also excluded from the limitation of limitation periods Of the right of recourse according to § 478 BGB.

(3) A guarantee is not explained by the offerer.


§ 6
Disclaimer of liability


(1) Claims for damages by the customer are excluded, unless otherwise specified below. The foregoing exclusion of liability also applies to the legal representatives and vicarious agents of the supplier, if the customer asserts claims against them.

(2) Exempt from the exclusion of liability under section 1 are claims for damages resulting from a violation of life, body, health and claims for damages resulting from the violation of essential contractual obligations. Significant contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract, e.g. The supplier has to give the customer the matter free of material and legal defects and To procure ownership of it. Liability for damage caused by an intentional or grossly negligent breach of duty by the supplier, his legal representatives or vicarious agents is excluded from the exclusion of liability.

(3) Regulations of the Product Liability Act remain unaffected.


§ 7
Prohibition of assignment and pledge


The assignment or pledging of the customer to the supplier Claims or rights is excluded without the consent of the supplier, if the customer A legitimate interest in the assignment or pledge.


§ 8
Right of set-off


A right of set-off of the customer exists only if his claim for set-off has been legally established or is undisputed.


§ 9
Law & jurisdiction


(1) The contractual relationship between the supplier and the customer shall be governed by the law of the Federal Republic of Germany. The following shall be excluded from this choice: Compulsory consumer protection regulations in the country in which the customer Stay. The application of the UN purchase law is excluded.

(2) Jurisdiction for all disputes arising from the contractual relationship between the customer and the supplier is the place of business of the supplier, if the customer is a merchant, a legal person of public law or a public-law special fund.


§ 10
Severance clause
Should any provision of these General Terms and Conditions be invalid, the validity of the remaining provisions shall remain unaffected.



source: kluge-recht.de