Terms of Service

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

1.1 These 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.

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

1.3 Consumers 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 these terms and conditions are 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 concluded.

1.4 Depending on the product description of the seller, the subject of the contract can be both the purchase of goods by means of a mallel delivery and the purchase of goods by means of a permanent delivery (hereinafter "subscription contract"). In 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

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

2.2 The 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 in relation to the goods contained in the shopping cart.

2.3 The 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 sending 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 tied to his declaration of intent.

2.4 When selecting a payment method offered by PayPal, the 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"), with the validity of the PayPal-Use conditions, visible at https://www.paypal.com/de/webapps/mpp/ua /User-agreement-full or-if the customer does not have a PayPal account-with the validity of the conditions for payments without 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.

2.5 When 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, sideways under 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 concludes 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 order process.

2.6 When 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.

2.7 Before placing the order using the seller's online order form, 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.

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

2.9 Order processing and contacting usually take place by email and automated order processing. The customer must ensure that the e-mail address provided 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

3.1 Consumers are generally entitled to a right of withdrawal.

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

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

4) Prices and terms of payment

4.1 Unless 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.

4.2 In 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. This includes, 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.

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

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

4.5 If 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 a 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/.

4.6 When selecting a payment method offered by 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 referred separately. Further information on "Mollie" can be called up on the Internet at https://www.mollie.com/de/.

4.7 When selecting a payment method offered via the payment service "Klarna", the 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 payment information of the seller, which can be viewed at the following website:

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

5) Delivery and shipping conditions

5.1 The 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.

5.2 If 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 in view of 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 recovery right is effective.

5.3 Pick -up is not possible for logistical reasons.

5.4 Vouchers are left to the customer as follows:

• by download
• by email

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

6.1 The 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 to the agreed termination or until the expiry of a notice period.

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

7) Removal 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)

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

8.2 In deviation from this, the following 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 use and whose deficiency have caused,
• For claims for damages and expenses of the customer, as well as
• In the event that the seller has fraudulently concealed the defect.

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

9) Redeem of action vouchers

9.1 Vouchers 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 referred to as "action vouchers") can only be redeemed in the online shop of the seller and only in the specified period.

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

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

9.4 Only one action voucher can be redeemed per order.

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

9.6 If 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.

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

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

9.9 The 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

10.1 Vouchers 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.

10.2 Gift 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.

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

10.4 Only one gift voucher can be redeemed per order.

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

10.6 If 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.

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

10.8 The gift voucher is transferable. The seller can provide the respective owner who redeems the gift voucher in the seller's online shop with a liberating effect. 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

11.1 For 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.

11.2 Furthermore, this choice of law does not apply to consumers with regard to the statutory right of withdrawal who are not a member state of the European Union at the time the contract is concluded and their sole place of residence and delivery address are outside the European Union at the time of the contract.

12) Alternative dispute resolution

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

This platform serves as a contact point for extrajudicial resolution of disputes from online purchase or service contracts in which a consumer is involved.

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