General terms and conditions of business

Article 1 – Definitions In these terms and conditions, the following definitions apply: Cooling-off period: the period within which the consumer can exercise his right of withdrawal; Consumer: the natural person who is not acting in the exercise of a profession or business and who concludes a distance contract with the entrepreneur; Day: calendar day; Continuous contract: a distance contract for a series of products and/or services of which the delivery and/or purchase obligation is spread over a longer period of time; Durable medium: any means that enables the consumer or entrepreneur to store information addressed to him personally in such a way that later consultation and unaltered reproduction of the stored information is possible. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period; Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance; Distance contract: an agreement in which, within the framework of an entrepreneur-organised system for distance selling of products and/or services, up to and at the conclusion of the agreement, only one or more distance communication techniques are used; Distance communication technique: means that can be used to conclude an agreement without the consumer and the entrepreneur meeting in the same place at the same time. General terms and conditions: these general terms and conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur

Email address: Help@happyoliva.de

Article 3 - Applicability These general terms and conditions apply to every offer from the entrepreneur and to all distance contracts and orders concluded between entrepreneur and consumer. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions will be sent free of charge as soon as possible at the consumer's request. If the distance contract is concluded electronically, by derogation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer electronically in such a way that it can be easily used by the consumer and stored on a durable data carrier. If this is not reasonably possible, before concluding the distance contract, it will be indicated where the general terms and conditions can be read electronically and that they are transmitted free of charge electronically or by other means. In the event that, in addition to these general terms and conditions, specific products or services are offered, the second and third paragraphs of the relevant general terms and conditions will apply and the consumer can always rely on the applicable provision that is most favorable to him in the event of conflicting general terms and conditions. Should one or more provisions of these general terms and conditions be wholly or partially void or null and void at any time, the contract and these general terms and conditions will continue to apply and the relevant provision will be immediately replaced by mutual agreement with a provision that comes as close as possible to the intention of the original. to be assessed “in the spirit of” these general terms and conditions Any ambiguities regarding the interpretation or content of one or more provisions of our general terms and conditions must be explained “in the spirit of” these general terms and conditions.

 

Article 4 - The offer If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer. The offer is non-binding. The entrepreneur is entitled to change and adapt the offer. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a reasonable assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious errors or obvious mistakes in the offer do not bind the entrepreneur. All images, technical data in the offer are indicative and cannot lead to compensation or dissolution of the agreement. Images accompanying products are a true representation of the products. The entrepreneur cannot guarantee that the colors shown correspond exactly to the actual colors of the products. Every offer contains such information that the consumer is clear about what rights and what obligations are associated with accepting the offer. This concerns in particular: the price, excluding customs clearance costs and import VAT. These additional costs will be at the expense and risk of the customer. The postal and/or courier service will benefit from the special scheme for postal and courier services with regard to imports. This scheme applies when the goods are imported into the EU country of destination, which is also the case at present. The postal and/or courier service will collect VAT (whether or not together with the calculated customs clearance costs) from the recipient of the goods; any shipping costs; the manner in which the contract is concluded and the measures required for this; whether or not the right of withdrawal applies; the method of payment, delivery and execution of the contract; the period for accepting the offer or the period within which the entrepreneur guarantees the price; the amount of the tariff for distance communication, if the costs of using the technology for distance communication are calculated on a basis other than the regular basic tariff for the means of communication used; whether the contract is archived after conclusion and, if so, how it can be inspected by the consumer; the manner in which the consumer can check and, where appropriate, restore the data he has provided under the contract before concluding the contract; any languages ​​in which the conclusion of the contract is possible besides German; the codes of conduct to which the entrepreneur is subject and the manner in which the consumer can consult these codes of conduct electronically; and the minimum duration of the distance contract in the case of a long-term transaction. Optional: available sizes, colours, types of materials.

 

Article 5 – The agreement The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance of the offer by the consumer and compliance with the associated conditions. If the consumer has accepted the offer electronically, the entrepreneur will immediately electronically confirm receipt of the declaration of acceptance of the offer. As long as the entrepreneur has not confirmed receipt of this acceptance, the consumer can dissolve the agreement. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures. The entrepreneur can - within the legal framework - inform himself whether the consumer can meet his payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or application with reasons or to attach special conditions to the execution. The entrepreneur will provide the consumer with the product or service, in writing or in such a way that it is accessible to the consumer and stored on a durable medium, enclosing: 1. the visiting address of the entrepreneur's establishment to which the consumer can turn with complaints; 2. the conditions under which and in what manner the consumer can make use of the right of withdrawal, or a clear statement about the exclusion of the right of withdrawal; 3. the information about guarantees and existing after-sales service; 4. the information included in article 4 paragraph 3 of these general terms and conditions, unless the entrepreneur has already provided this information to the consumer before the conclusion of the contract; 5. the conditions for terminating the contract if the contract has a duration of more than one year or is for an indefinite period. In the case of a continuing contract, the provision of the previous paragraph only applies to the first delivery. Every contract is concluded subject to the suspensive conditions of sufficient availability of the products in question.

 

Article 6 - When purchasing products, the consumer has the option to terminate the agreement without giving any reason for termination within 14 days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur. During the cooling-off period, the consumer handles the product and packaging. He will only unpack or use the product to the extent necessary to be able to assess whether he wishes to keep the product. If he wishes to exercise his right of withdrawal, he will return the product with all supplied accessories and - if reasonably possible - send it back to the entrepreneur in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur. If the consumer wishes to exercise his right of withdrawal, he is obliged to inform the entrepreneur within 14 days of receiving the product. It The consumer must make this known by means of a written message / e-mail. After the consumer has indicated that he wishes to exercise his right of withdrawal, the customer has to return the product within 14 days. The consumer must prove that the delivered goods are returned in a timely manner, e.g. by providing proof of shipment. If the customer has not made known his intention to exercise his right of withdrawal after the expiry of the periods specified in paragraphs 2 and 3 or has not returned the product to the entrepreneur

Article 7 - Costs in case of withdrawal If the consumer makes use of his right of withdrawal, the costs of returning the products are for the consumer's account. If the consumer has paid an amount, the entrepreneur will pay this amount as soon as possible, but no later than 14 days after cancellation. This is the case if the product has already been received back by the web merchant or conclusive proof of complete return can be provided.

Article 8 – Exclusion of the right of withdrawal The entrepreneur can exclude the consumer’s right of withdrawal for products as referred to in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has made this clear in the offer, at least in time for the conclusion of the contract. Exclusion of the right of withdrawal is only possible for products: 1. that are manufactured by the entrepreneur according to the consumer’s specifications; 2. that are clearly personal in nature; 3. that by their nature cannot be returned; 4. that can spoil or age quickly; 5. whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence; 6. for loose newspapers and magazines; 7. for audio and video recordings and computer software that the consumer has unsealed. 8. for hygiene products of which the consumer has broken the seal. Exclusion of the right of withdrawal is only possible for services: 1. concerning accommodation, transport, catering or leisure activities to be carried out at a specific time or during a specific period; 2. the supply of which has begun with the consumer’s explicit consent before the expiry of the withdrawal period; 3. in relation to betting and lotteries.

 

Article 9 - The price During the period of validity stated in the offer, the prices of the products and/or services offered will be subject to price changes due to changes in VAT rates. Notwithstanding the previous paragraph, the entrepreneur may offer products or services at prices whose prices are subject to fluctuations in the financial market and which the entrepreneur has no influence on, and offer variable prices. This dependence on fluctuations and the fact that the prices stated are guide prices will be stated in the offer. Price increases within 3 months after the conclusion of the contract are only permitted if they are based on statutory rules or provisions. Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has prescribed this and: 1. these arise from statutory rules or provisions; or 2. the consumer has the right to terminate the contract with effect from the day on which the price increase takes effect. The price during the period of validity stated in the offer, the prices of the products and/or services offered have not been, with the exception of price changes due to changes in VAT rates. The ordered product is registered by the postal operator on behalf of the consumer. The post office then collects the import sales tax or reimbursement costs from the customer. Therefore, the company does not charge any sales tax. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the company is not obliged to deliver the product at the wrong price.

 

Article 10 - Conformity and warranty The entrepreneur guarantees that the products and/or services meet the agreement, the specifications stated in the offer, the reasonable requirements of solidity and/or usability and the date of conclusion of the agreement existing legal provisions and/or government regulations. In the event that agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use. A guarantee from the entrepreneur, manufacturer or importer does not affect legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. The products must be returned in their original packaging and in new condition. The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the final suitability of the productsfor each individual application by the consumer, nor for advice regarding the use or application of the products. The warranty does not apply if: the consumer has repaired and/or processed the delivered products himself or had them repaired and/or processed by third parties; the delivered products have been exposed to abnormal conditions or otherwise have been handled carelessly or contrary to the instructions of the entrepreneur and/or on the packaging; the defectiveness is wholly or partly due to government regulations that have been or will be made with regard to the nature or quality of the materials used.

 

Article 11 - Delivery and execution with the utmost care and execution of product orders Place of delivery is the address that the consumer has made known to the company. Subject to the indications in article 4 of these general terms and conditions, as stated, the company will ship accepted orders expeditiously, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will receive this no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement free of charge and is entitled to compensation. In case of dissolution in accordance with the previous paragraph, the entrepreneur will pay the amount that the consumer has paid as soon as possible, but no later than 14 days after termination. If delivery of an ordered product proves impossible, the entrepreneur will endeavor to provide a replacement article. At the latest upon delivery will be notified clearly and comprehensibly that a replacement article will be delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are borne by the entrepreneur. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated representative made known to the entrepreneur, unless expressly agreed otherwise.

 

Article 12 - Continuing transactions: duration, termination and extension Termination The consumer may enter into a contract for an indefinite period for the regular delivery of products (including electricity) or services at any time subject to a notice period of no more than one month The consumer may terminate a contract that has been concluded for a definite period and extends to the regular delivery of products (including electricity) or services at any time up to the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month. The consumer may terminate the contracts referred to in the previous paragraphs: at any time and not limited to termination at a specific time or period; at least terminate as they were entered into by him; always terminate with the same notice period that the entrepreneur has set for himself. Extension A contract that has been concluded for a definite period and extends to a regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a specific period. Notwithstanding the previous paragraph, a contract concluded for a definite period and that extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly renewed for a fixed period of up to three months if the consumer terminates the contract at any time with a notice period of no more than one month and a notice period of no more than three months if the contract extends to: the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines. A fixed-term agreement for the regular delivery of daily, news and weekly newspapers and magazines (trial or taster subscription) is excluded. It is tacitly continued and ends automatically upon expiry of the trial or introductory period. Duration If a contract has a duration of more than one year, the consumer can terminate the contract at any time after one year with a notice period of no more than one month, unless reasonableness and equity preclude termination before the end of the agreed term.

Article 13 - Payment Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in paragraph 1. This period begins after the consumer has received confirmation of the agreement. The consumer is obliged to report any inaccuracies in the stated or indicated payment details to the entrepreneur immediately. In the event of non-payment by the consumer, the entrepreneur must, subject to legal restrictions, charge the consumer reasonable costs announced in advance.

Article 14 - Complaints procedure Complaints about the implementation of the agreement must be submitted clearly described and presented to the entrepreneur within 7 days after the consumer has discovered the defects. Complaints submitted to the entrepreneur will be invoiced within a period of 14 days from the date of receipt. If a complaint is foreseeably likely to take longer to process, the entrepreneur will respond within the 14-day period requested with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response. If the complaint cannot be settled amicably, a dispute arises that is subject to the dispute settlement procedure. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing. If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will, at its own discretion, replace or repair the delivered products free of charge.

Article 15 – Disputes about agreements between the entrepreneur and the consumer to which these general terms and conditions apply German law applies exclusively. Even if the consumer lives abroad.