Terms of Service

Status: 02/24/2021

Scope and Provider

(1) This website (the “Site”) and/or the Services, including any associated mobile applications (collectively: the “Services”) and all offerings and sales of products (“Products”) through the Site, are owned by "Hoop-Berlin.de", Torsten Kunst, Renettenweg 6, 12524 Berlin and is operated by them (hereinafter also: "we", "us" and "our"). These terms and conditions (“Terms”) set out the terms under which visitors or users (collectively: “Users” or “you”) can visit or use the Site and/or the Services and purchase products.

(2) By accessing or using the services, you agree to the terms and agree to them with binding effect. If you do not agree to all of the Terms, do not access the Site or use the Services. Please read these Terms carefully before accessing our Site or using the Services or purchasing any Products. These terms tell you who we are, how we sell products to you, how you can cancel the contract of sale and what to do if you have a problem.

(3) You represent that you are of legal age and have the legal authority, right and freedom to enter into a binding agreement based on these Terms and to use the Services and purchase Products. If you are a minor, you must have parental or legal guardian permission to use the Services or purchase Products.

 
purchase of products

(1) The purchase of products is subject to the conditions in force at the time.

(2) When you buy a product:

(i) you are responsible for reading the item description in its entirety before committing to purchase it, and

(ii) Completion of an order on the Site (by completing a payment process via the "Order with an obligation to pay" button or similar button) may constitute a legally binding contract for the purchase of the relevant product, except as otherwise provided in these Terms.

(3) You can select products from our product selection and place them in the shopping cart by clicking on the corresponding button. Our prices are listed on the site. We reserve the right to change our prices at any time and to correct inadvertent pricing errors. These changes will not affect the price of products you have previously purchased. When paying, you will see an overview of all the products that you have placed in the shopping cart. The overview includes the essential characteristics of each product as well as the total price for all products, the applicable sales tax (VAT)/value added tax (VAT) and, if applicable, the shipping costs. On the checkout page you also have the possibility to check the products and quantities and, if necessary, to change, remove or correct them. You can also use the editing function to identify and correct any input errors before you place your final, binding order. All specified delivery times apply from receipt of your payment of the purchase price. If you click on the "Order with costs" button, you place a binding order to purchase the listed products at the stated price and shipping costs. To complete the ordering process using the "Order with costs" button, you must first accept these conditions as legally binding for your order by clicking on the corresponding box.

(4) We will then send you an e-mail confirming receipt of your order, in which your order is listed again and which you can then print out or save using the appropriate function. Please note that this is an automatic notification, which only proves that we have received your order. It does not indicate that we have accepted your order.

(5) The legally binding agreement on the purchase of the products is only concluded when we send you a declaration of acceptance by e-mail or send the products to you. We reserve the right not to accept your order. This does not apply in cases where we offer a payment method - and you choose this payment method for your order - for which a payment transaction is initiated immediately when your order is submitted (e.g. electronic transfer or real-time transfer via PayPal, Giropay, Paydirekt) . In this case, the legally binding agreement is deemed to have been concluded when you have initiated the ordering process, as described above, by clicking the "Order with costs" button.

(6) The purchase contract can be concluded in German. After the conclusion of the contract, the contract conditions are stored with us, you then no longer have access to them.

right of withdrawal

(1) Consumers have a fourteen-day right of withdrawal. You can revoke your contractual declaration within 14 days in text form (e.g. letter, fax, e-mail) without giving reasons or - if the item is left to you before the deadline - by returning the item. The period begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient (in the case of recurring deliveries of similar goods not before receipt of the first partial delivery) and not before we have fulfilled our information obligations in accordance with Article 246 § 2 in conjunction with § 1 Para 1 and 2 EGBGB as well as our obligations according to § 312e paragraph 1 sentence 1 BGB in connection with Article 246 § 3 EGBGB. The timely dispatch of the cancellation or the item is sufficient to meet the cancellation deadline. The revocation must be sent to:

Torsten art
hoop-berlin.de
Renettenweg 6
D-12524 Berlin

Email: info@hoop-berlin.de

Consequences of revocation

In the event of an effective revocation, the services received by both parties must be returned and any benefits (e.g. interest) surrendered. If you cannot return the service received to us in whole or in part, or only in a deteriorated condition, you may have to pay us compensation for the value. This does not apply to the surrender of items if the deterioration of the item is exclusively due to their inspection - as you would have been able to do when you picked them up. In addition, you can avoid the obligation to pay compensation for a deterioration caused by the intended use of the item by not using the item as if it were your property and refraining from anything that would impair its value. Transportable items are to be returned at our risk. If you make use of your statutory right of withdrawal, you have to bear the regular costs of the return if the delivered goods correspond to those ordered and if the price of the item to be returned does not exceed an amount of EUR 40.00 or if you pay a higher price for the item have not yet provided the consideration or a contractually agreed partial payment at the time of the revocation. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you with the dispatch of your declaration of revocation or the item, for us with their receipt.

(2) The right of withdrawal does not apply to the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.

(3) Please avoid damage and contamination. If possible, please send the goods back to us in the original packaging with all accessories and with all packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please use suitable packaging to ensure adequate protection against transport damage in order to avoid claims for damages due to damage caused by defective packaging.

(4) Please send the goods back to us as a stamped package and keep the proof of posting. We will also be happy to reimburse you for the postage costs in advance if you do not have to pay them yourself.

(5) Please send us an email to info@hoop-berlin.de or use the contact form to announce the return. In this way, you enable us to assign the products as quickly as possible.

(6) Please note that the modalities mentioned in paragraphs 3.3 to 3.6 are not a prerequisite for the effective exercise of the right of withdrawal.

End of revocation

Warranty for Products

We are liable in accordance with the statutory warranty provisions for quality defects and/or defects in title of the products that you buy from us.

Storage of online payment details

You can save a preferred payment method for the future. In this case, we store these payment details in accordance with applicable industry standards, if any (e.g. PCI, DSS). You can identify your saved card by its last four digits.

Vouchers, gift cards and other offers

Coupons, gift cards or discounts and other offers (“Offers”) may be available for our Products from time to time. Such offers are only valid for the period specified in this offer. Offers may not be transferred, modified, sold, traded, reproduced or distributed without our express written permission.

Permitted Use

(1) Our services are made available to you for informational purposes and only for private, non-commercial use. When using our Services, you must comply with these Terms and all applicable laws.

(2) Except as expressly permitted by these Terms, you may not:

(i) use our Services in any unlawful or fraudulent manner (including in violation of the rights of any third party) or for any purpose of collecting personal information or impersonating other users;

(ii) modify or use our copyright, trademark or other proprietary rights notices or interfere with the security-related functions of our Services;

(iii) use our Services in any way to manipulate or distort any content or undermine the integrity and accuracy of any content, or take any action to disrupt, damage or disrupt any part of our Services;

(iv) use our Services to send, receive, upload/post, download material that does not meet our content standards;

(v) use our Services to deliver, or facilitate the delivery of, any unsolicited or unauthorized advertising or promotional material;

(vi) use our Services to transmit data, or upload data to our Services, that contains any virus, trojan horse, worm, time bomb, keystroke logger, spyware, adware or any other harmful program or similar computer code that could damage the operation of any computer software or hardware intended to affect;

(vii) use robots, spiders, other automatic devices or manual methods to monitor/copy our or other sites or the content contained in our Services, or use network monitoring software to determine the architecture of our Services or usage data from extract from our Services;

(viii) engage in behavior that restricts or inhibits other users from using our Services, or

(ix) use our Services for any commercial purpose or in connection with any commercial activity conducted without our prior written consent. You agree to cooperate fully with us in our investigation of any activity that violates these Terms, allegedly or in fact.

Intellectual Property Rights

(1) Our Services and related content (and any derivative works or enhancements thereof), including but not limited to all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials , products, services, URLs, technology, documentation, trademarks, service marks, trade names and trade dress and interactive features and all intellectual property rights therein are either owned or licensed by us (collectively, "our Intellectual Property Rights") and none of the Wording in these Terms grants you rights in relation to our intellectual property rights. Except as expressly provided herein or as required by mandatory law for use of the Services, you acquire no right, title or interest in or to our intellectual property rights. All rights not expressly granted in these Terms are expressly reserved.

(2) If the Products include digital content, such as music or videos, you are granted the rights as set out in relation to such content on the Site.

Disclaimer of Warranties for Use of the Site and Services

The Services, our intellectual property rights and all information, materials and content related thereto and made available free of charge to users are provided "as is" and without warranties of any kind, express or implied (warranties of fitness for a particular purpose). specific purpose or warranties related to the security, reliability, timeliness, accuracy and performance of our Services, etc.) except for cases of malicious non-disclosure of defects. We do not warrant that Free Services will be uninterrupted or error-free or that they will meet your requirements. Access to the Services and the Site may be suspended or restricted due to repairs, maintenance or updates. This does not affect the warranty for products that you purchase from us as set out in the “Warranty for Products” section above.

exemption

You agree to defend and hold us harmless from and against any and all actual or alleged claims, damages, costs, liabilities and expenses (including but not limited to reasonable attorneys' fees) arising out of or relating to your use of the Site and the Services in violation of these Terms, including but not limited to any use in violation of the restrictions and requirements set forth in the "Acceptable Uses" section, unless such circumstances are not your fault.

Limitation of Liability

(1) We are only liable in the event of intent, gross negligence, negligent injury to life, limb, health or slightly negligent breach of a material contractual obligation, and only in the case of paid services or the sale of products. A “Material Contractual Obligation” means an obligation, the fulfillment of which is a fundamental condition for the proper performance of the Agreement and on which you can ordinarily rely and reasonably rely. Our liability for slightly negligent breach of an essential contractual obligation is limited to the amount of a customary and foreseeable damage for this type of contract. Our liability under the Product Liability Act or in the event that we have explicitly given a guarantee remains unaffected.

(2) The above provisions apply to our contractual (including liability for futile expenses) and non-contractual liability (including liability in tort) as well as liability from transactions prior to the conclusion of a contract (culpa in contrahendo). They also apply in favor of our managing directors, executive employees or other legal representatives, employees and vicarious agents.

Changing the Terms and the Services; attitude

We reserve the right to change these Terms from time to time, in our sole discretion, to reflect changes in the law or additional features we may introduce or as we otherwise advance our business. Therefore, you should read these terms regularly and in any case during the checkout process when you buy products. The new terms will apply to any new order you place after the effective date of the new terms. If any ongoing Services you use are affected by the changes to the Terms, we will do so with due regard to your legitimate interests. We will inform you of such changes well in advance. You will be deemed to have accepted the changes if you do not object to these changes within two months of this notification. We will point this out to you in our notification. If you object to the changes, we have a special right of termination - without any further obligation to you - which will take effect on the effective date of the changes.

We may change the Services, stop providing the Services or one or more features of the Services offered, or limit the Services. We may terminate or suspend access to the Services ourselves, permanently or temporarily, for any reason and without any further obligation. We will give you sufficient notice in advance where practicable under the circumstances and give due consideration to your legitimate interests in taking such action.

Links to Third Party Sites

The Services may contain links that allow you to leave the Site. Unless otherwise stated, the linked sites are not under our control and we are not responsible for the contents of any linked site, any link contained in a linked site, or any changes or updates to such sites. We are not responsible for any transmissions received from any linked website. Links to third party websites are provided for informational purposes only. The fact that we have included links to other websites does not mean that we endorse their owners or their content.

Applicable Law

(1) These conditions are subject to the laws of the Federal Republic of Germany (without taking into account the conflict of law provisions) and are to be interpreted accordingly.

(2) The European Commission provides a platform for online dispute resolution (OS), which can be accessed at: https://ec.europa.eu/consumers/odr/. Please note that we are under no obligation to resolve consumer disputes through alternative dispute resolution bodies.

various

(1) No waiver by either party of any breach or default under these Terms shall constitute a waiver of any prior or subsequent breach or default.

(2) The headings used in these terms are for better understanding only and have no legal significance.

(3) Except as expressly provided otherwise, if any part of these Terms is held to be unlawful or unenforceable for any reason, it is agreed that that part of the Terms shall be deleted and the remaining Terms shall remain unaffected and in full effect.

(4) You may not assign your agreement with us under these Terms or any or all of your rights or obligations under this Agreement without our prior written consent.

(5) These Terms constitute the entire agreement and supersede any prior written or oral agreements between you and us relating to the Services and the sale of Products.

(6) The provisions of these Terms which by their nature are intended to survive such action by us shall survive, including without limitation provisions relating to indemnities, indemnities, disclaimers, limitations of liability and this Miscellaneous Section.

Contact

To contact us, please send an email to:

Email: info@hoop-berlin.de