Terms of service
General Terms and Conditions
Happy Haven
Table of Contents
- Scope
- Conclusion of the Contract
- Right of Withdrawal
- Prices and Payment Terms
- Delivery and Shipping Terms
- Contract Term and Termination of Subscription Contracts for Goods
- Retention of Title
- Liability for Defects (Warranty)
- Liability
- Redemption of Promotional Vouchers
- Redemption of Gift Vouchers
- Applicable Law
- Alternative Dispute Resolution
1. Scope
1.1 These General Terms and Conditions (hereinafter referred to as “Terms and Conditions”) of Verena Geble, Lena Hanekamp GbR, trading as “Happy Haven, Verena Geble, Lena Hanekamp GbR” (hereinafter referred to as “we”, “us” or “our”), apply to all contracts for the delivery of goods that you, as a consumer or entrepreneur, conclude with us regarding the goods displayed by us in our online store. We hereby reject the inclusion of any terms and conditions of your own unless we have agreed otherwise with you.
1.2 These Terms and Conditions apply accordingly to contracts for the delivery of vouchers, unless otherwise stipulated in this respect.
1.3 For the purposes of these Terms and Conditions, you are a consumer if you enter into a legal transaction for purposes that can predominantly be attributed neither to your commercial nor to your independent professional activity.
1.4 For the purposes of these Terms and Conditions, you are an entrepreneur if you are a natural or legal person or a partnership with legal capacity acting, when entering into a legal transaction, in the course of your commercial or independent professional activity.
1.5 Depending on our product description, the subject matter of the contract may be either the purchase of goods by way of a one-time delivery or the purchase of goods by way of recurring delivery (hereinafter referred to as a “subscription contract”). Under a subscription contract, we undertake to deliver the contractually agreed goods to you at the contractually agreed intervals for the duration of the agreed contract term.
2. Conclusion of the Contract
2.1 The product descriptions contained in our online store do not constitute binding offers on our part but are intended to enable you to submit a binding offer.
2.2 You may submit the offer using the online order form integrated into our online store. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, you submit a legally binding contractual offer in respect of the goods contained in the shopping cart by clicking the button that completes the ordering process.
2.3 We may accept your offer within five days:
- by sending you a written order confirmation or an order confirmation in text form, for example by email, whereby receipt of the order confirmation by you is decisive,
- by delivering the ordered goods to you, whereby receipt of the goods by you is decisive, or
- by requesting payment from you after you have placed your order.
If several of the above alternatives apply, the contract is concluded at the time when the first of the above alternatives occurs. The period for accepting your offer begins on the day after you submit your offer and ends at the end of the fifth day following the submission of the offer. If we do not accept your offer within the aforementioned period, this shall be deemed a rejection of the offer. You will then no longer be bound by your declaration of intent.
2.4 If you select a payment method offered by PayPal, payment will be processed by the payment service provider:
PayPal (Europe) S.à r.l. et Cie, S.C.A.
22-24 Boulevard Royal
L-2449 Luxembourg
PayPal’s terms of use apply and can be viewed at https://www.paypal.com/de/legalhub/paypal/useragreement-full .
If you do not have a PayPal account, the terms for payments without a PayPal account apply and can be viewed at https://www.paypal.com/de/legalhub/paypal/privacywax-full .
If you pay using a payment method offered by PayPal that can be selected during the online ordering process, we hereby declare our acceptance of your offer at the time you click the button that completes the ordering process.
2.5 If you select the “Amazon Payments” payment method, payment will be processed by the payment service provider:
Amazon Payments Europe s.c.a.
38 avenue John F. Kennedy
L-1855 Luxembourg
The Amazon Payments Europe User Agreement applies and can be viewed at https://payments.amazon.de/help/201751590 .
If you select “Amazon Payments” as the payment method during the online ordering process, you also issue a payment instruction to Amazon by clicking the button that completes the ordering process. In this case, we hereby declare our acceptance of your offer at the time you initiate the payment process by clicking the button that completes the ordering process.
2.6 When you place an order using our online order form, we store the contract text after the contract has been concluded and send it to you in text form, for example by email or letter, after you have submitted your order. We do not make the contract text available beyond this.
If you created a user account in our online store before submitting your order, your order details will be archived on our website and can be accessed by you free of charge via your password-protected user account by entering the relevant login details.
2.7 Before submitting a binding order via our online order form, you can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of making input errors easier to identify may be your browser’s zoom function, which enlarges the display on the screen.
During the electronic ordering process, you can correct your entries using the usual keyboard and mouse functions until you click the button that completes the ordering process.
2.8 Different languages are available for concluding the contract. The specific language options are displayed in the online store.
2.9 Order processing and communication generally take place by email and through automated order processing. You must ensure that the email address you provide for order processing is correct so that emails sent by us can be received at that address.
In particular, when using spam filters, you must ensure that all emails sent by us or by third parties commissioned by us to process the order can be delivered.
3. Right of Withdrawal
3.1 If you act as a consumer, you generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in our cancellation policy.
4. Prices and Payment Terms
4.1 Unless otherwise stated in our product description, the prices indicated are total prices. Value-added tax is not shown because we are a small business within the meaning of the German VAT Act. Any additional delivery and shipping costs are stated separately in the respective product description.
4.2 The available payment methods are shown in our online store.
4.3 If you select a payment method offered through the “Shopify Payments” payment service, payment will be processed by the payment service provider:
Stripe Payments Europe Ltd.
1 Grand Canal Street Lower
Grand Canal Dock
Dublin
Ireland
The individual payment methods offered through Shopify Payments are shown in our online store. Stripe may use additional payment services to process payments, for which special payment terms may apply. Where applicable, you will be informed of these separately.
Further information about Shopify Payments can be found at: https://www.shopify.com/legal/terms-payments-de
5. Delivery and Shipping Terms
5.1 If we offer shipment of the goods, delivery will be made within the delivery area specified by us to the delivery address provided by you, unless otherwise agreed. The delivery address stated in our order processing system is decisive for processing the transaction.
By way of derogation from the above, if PayPal is selected as the payment method, the delivery address stored with PayPal by you at the time of payment is decisive.
5.2 If delivery of the goods fails for reasons for which you are responsible, you shall bear the reasonable costs incurred by us as a result. This does not apply to the costs of the original shipment if you effectively exercise your right of withdrawal.
If you effectively exercise your right of withdrawal, the provisions in our cancellation policy regarding return shipping costs shall apply.
5.3 If you act as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to you as soon as we have handed the goods over to the forwarding agent, carrier or other person or institution designated to carry out the shipment.
If you act as a consumer, the risk of accidental loss and accidental deterioration of the goods sold generally passes to you only when the goods are handed over to you or to a person authorised to receive them.
By way of derogation from the above, the risk also passes to you upon handover to the forwarding agent, carrier or other person or institution designated to carry out the shipment if you commissioned that person or institution yourself and we had not previously named them to you.
5.4 We reserve the right to withdraw from the contract if we do not receive correct or proper supplies from our own supplier. This applies only if we are not responsible for the failure to deliver and we have, with due care, concluded a specific covering transaction with the supplier.
We will make all reasonable efforts to procure the goods. If the goods are unavailable or only partially available, you will be informed without delay. Any payment already made will be refunded to you without delay.
5.5 Collection by the customer is not possible for logistical reasons.
5.6 Vouchers will be provided to you as follows:
- by download
- by email
6. Contract Term and Termination of Subscription Contracts for Goods
6.1 Subscription contracts are concluded for an indefinite period and may be terminated by you at any time without notice.
6.2 The right to extraordinary termination for good cause remains unaffected. Good cause exists if, taking into account all circumstances of the individual case and weighing the interests of both parties, the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination date or until the expiry of a notice period.
6.3 Notices of termination may be submitted in writing, in text form, for example by email, or electronically using the cancellation facility or cancellation button provided by us on our website.
7. Retention of Title
If we provide goods in advance, we retain title to the delivered goods until the purchase price owed has been paid in full.
8. Liability for Defects (Warranty)
Unless otherwise provided in the following provisions, the statutory provisions on liability for defects apply. By way of derogation from the above, the following applies to contracts for the delivery of goods:
8.1 If you act as an entrepreneur,
- we may choose the type of supplementary performance,
- the limitation period for claims for defects in new goods is one year from delivery of the goods,
- claims for defects are excluded for used goods, and
- the limitation period does not restart if a replacement delivery is made as part of liability for defects.
8.2 If you act as a consumer, the following applies to contracts for the delivery of used goods, subject to the restriction set out in the following clause: The limitation period for claims for defects is one year from delivery of the goods if this has been expressly and separately agreed between us by contract and you were specifically informed of the shortening of the limitation period before submitting your contractual declaration.
8.3 The limitations of liability and shortened limitation periods set out above do not apply:
- to your claims for damages and reimbursement of expenses,
- if we have fraudulently concealed the defect,
- to goods that have been used for a building in accordance with their customary purpose and have caused the building to be defective,
- to any obligation on our part to provide updates for digital products in contracts for the delivery of goods with digital elements.
8.4 In addition, for entrepreneurs, the statutory limitation periods for any statutory right of recourse remain unaffected.
8.5 If you act as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), you are subject to the commercial duty to inspect and give notice of defects pursuant to Section 377 HGB. If you fail to comply with the notification obligations stipulated therein, the goods shall be deemed approved.
8.6 If you act as a consumer, you are requested to report delivered goods with obvious transport damage to the delivery agent and to inform us accordingly. If you fail to do so, this will have no effect on your statutory or contractual claims for defects.
9. Liability
We shall be liable to you for all contractual, quasi-contractual and statutory claims, including claims in tort, for damages and reimbursement of expenses as follows:
9.1 We shall have unlimited liability on any legal grounds:
- in cases of intent or gross negligence,
- in cases of intentional or negligent injury to life, limb or health,
- on the basis of a guarantee, unless otherwise stipulated in this respect,
- on the basis of mandatory liability, for example under the German Product Liability Act.
9.2 If we negligently breach a material contractual obligation, liability is limited to the typical, foreseeable damage arising from the contract, unless we have unlimited liability under the preceding clause.
Material contractual obligations are obligations imposed on us by the content of the contract for the purpose of achieving the contractual objective, the fulfilment of which is essential for the proper performance of the contract and on compliance with which you may regularly rely.
9.3 Otherwise, liability on our part is excluded.
9.4 The above liability provisions also apply with regard to our liability for our vicarious agents and legal representatives.
10. Redemption of Promotional Vouchers
10.1 Vouchers that we issue free of charge as part of promotional campaigns for a specified validity period and that cannot be purchased by you (hereinafter referred to as “promotional vouchers”) may be redeemed only in our online store and only within the specified period.
10.2 Individual products may be excluded from the voucher promotion if a corresponding restriction arises from the content of your promotional voucher.
10.3 Promotional vouchers may be redeemed only before the ordering process is completed. Subsequent offsetting is not possible.
10.4 You may redeem only one promotional voucher per order.
10.5 If our promotional voucher relates to a specific value rather than a percentage discount, the value of your goods must be at least equal to the amount of the promotional voucher. We will not refund any remaining balance.
10.6 If the value of the promotional voucher is insufficient to cover your order, you may choose one of the other payment methods offered by us to pay the difference.
10.7 The balance of a promotional voucher will neither be paid out in cash nor bear interest.
10.8 The promotional voucher will not be refunded if you return goods paid for in full or in part with the promotional voucher as part of your statutory right of withdrawal.
10.9 The promotional voucher is transferable. We may discharge our obligations by providing performance to the respective holder who redeems the promotional voucher in our online store.
This does not apply if we know, or are grossly negligent in not knowing, that the respective holder is not entitled, lacks legal capacity or lacks authority to represent.
11. Redemption of Gift Vouchers
11.1 Vouchers that can be purchased through our online store (hereinafter referred to as “gift vouchers”) may be redeemed only in our online store unless otherwise stated on the voucher.
11.2 Gift vouchers and remaining balances on gift vouchers may be redeemed until the end of the third year following the year in which the voucher was purchased. Remaining balances will be credited to you until the expiry date.
11.3 Gift vouchers may be redeemed only before the ordering process is completed. Subsequent offsetting is not possible.
11.4 Gift vouchers may be used only to purchase goods and not to purchase additional gift vouchers.
11.5 If the value of the gift voucher is insufficient to cover your order, you may choose one of the other payment methods offered by us to pay the difference.
11.6 The balance of a gift voucher will neither be paid out in cash nor bear interest.
11.7 The gift voucher is transferable. We may discharge our obligations by providing performance to the respective holder who redeems the gift voucher in our online store.
This does not apply if we know, or are grossly negligent in not knowing, that the respective holder is not entitled, lacks legal capacity or lacks authority to represent.
12. Applicable Law
All legal relationships between you and us are governed by the laws of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods.
If you act as a consumer, this choice of law applies only insofar as you are not deprived of the protection afforded by mandatory provisions of the law of the country in which you have your habitual residence.
13. Alternative Dispute Resolution
We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.