Terms of service
**Table of Contents**
1. Scope of Application
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Conditions
5. Delivery and Shipping Conditions
6. Retention of Title
7. Liability for Defects (Warranty)
8. Redemption of Promotional Vouchers
9. Applicable Law
10. Jurisdiction
11. Alternative Dispute Resolution
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Happy Trading GmbH (hereinafter referred to as "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Seller regarding the goods presented by the Seller in their online shop. The inclusion of the Customer’s own terms is hereby objected to, unless otherwise agreed.
1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly not attributable to their commercial or self-employed professional activity.
1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a legally responsible partnership that, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.
2) Conclusion of Contract
2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.
2.2 The Customer can submit an offer via the online order form integrated into the Seller’s online shop. In doing so, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding contractual offer with respect to the goods contained in the shopping cart by clicking the button that completes the order process.
2.3 The Seller may 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), in which case the receipt of the order confirmation by the Customer is decisive, or
- by delivering the ordered goods to the Customer, in which case the receipt of the goods by the Customer is decisive, or
- by requesting payment from the Customer after the order has been placed.
If several of the aforementioned alternatives are present, the contract is concluded at the time when one of the aforementioned alternatives first occurs. The period for accepting the offer begins on the day after the Customer sends the offer and ends at the close of the fifth day following the submission of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this is deemed to be a rejection of the offer with the result that the Customer is no longer bound by their 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 referred to as "PayPal"), under the PayPal terms of use, available at [https://www.paypal.com/de/webapps/mpp/ua/useragreement-full] or - if the Customer does not have a PayPal account - under the terms for payments without a PayPal account, available at [https://www.paypal.com/de/webapps/mpp/ua/privacywax-full]. If the Customer chooses a payment method offered by PayPal during the online ordering process, the Seller declares acceptance of the Customer's offer at the moment when the Customer clicks the button completing the order process.
2.5 When submitting an offer via the Seller's online order form, the contract text is stored by the Seller after the conclusion of the contract and sent to the Customer in text form (e.g., email, fax, or letter) after the Customer has sent their order. Beyond this, the contract text is not made accessible by the Seller. If the Customer has set up a user account in the Seller’s online shop before submitting their order, the order data will be archived on the Seller’s website and can be accessed by the Customer free of charge via their password-protected user account by entering the corresponding login data.
2.6 Before bindingly submitting the order via the Seller’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. A useful technical means for better recognizing input errors may be the zoom function of the browser, which enlarges the display on the screen. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that completes the ordering process.
2.7 Different languages are available for the conclusion of the contract. The specific language options are displayed in the Seller’s online shop.
2.8 Order processing and contact usually take place via email and automated order processing. The Customer must ensure that the email address provided for order processing is accurate so that emails sent by the Seller can be received. In particular, when using SPAM filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller to process the order can be delivered.
3) Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Detailed information on the right of withdrawal is provided in the Seller's withdrawal policy.
4) Prices and Payment Conditions
4.1 Unless otherwise stated in the Seller's product description, the prices indicated are total prices that include statutory sales tax. Any additional delivery and shipping costs that may apply will be separately indicated in the respective product description.
4.2 The payment option(s) available to the Customer will be communicated in the Seller’s online shop.
4.3 When selecting a payment method offered via "Shopify Payments," the payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as "Stripe"). The individual payment methods offered via Shopify Payments are communicated to the Customer in the Seller's online shop. To process payments, Stripe may use other payment services, for which special payment terms may apply, to which the Customer will be separately notified if applicable. Further information on "Shopify Payments" can be found on the internet at [https://www.shopify.com/legal/terms-payments-de].
5) Delivery and Shipping Conditions
5.1 If the Seller offers to ship the goods, delivery will be made to the delivery address specified by the Customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller's order processing is decisive. In contrast, when selecting PayPal as the payment method, the delivery address stored by the Customer with PayPal at the time of payment is decisive.
5.2 If delivery of the goods fails for reasons for which the Customer is responsible, the Customer must bear the reasonable costs incurred by the Seller as a result. This does not apply with regard to the costs of the outbound shipment if the Customer effectively exercises their right of withdrawal. For return shipping costs, the regulation set out in the Seller's withdrawal policy applies if the Customer effectively exercises their right of withdrawal.
5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods is transferred to the Customer as soon as the Seller has delivered the goods to the carrier, the freight forwarder, or the person or institution otherwise designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods is generally transferred to the Customer only upon handover of the goods to the Customer or a person authorized to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the sold goods is also transferred to the Customer, even in the case of consumers, as soon as the Seller has delivered the goods to the carrier, the freight forwarder, or the person or institution otherwise designated to carry out the shipment if the Customer has commissioned the carrier, the freight forwarder, or the person or institution otherwise designated to carry out the shipment and the Seller has not previously named this person or institution to the Customer.
5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies if the non-delivery is not the Seller’s fault and the Seller has concluded a specific hedging transaction with the supplier with due diligence. The Seller will make all reasonable efforts to obtain the goods. In the event of non-availability or only partial availability of the goods, the Customer will be informed immediately and any consideration will be refunded without delay.
5.5 Self-collection is not possible for logistical reasons.
6) Retention of Title
If the Seller provides advance performance, they retain ownership of the delivered goods until the purchase price owed has been paid in full.
7) Liability for Defects (Warranty)
Unless otherwise stipulated in the following provisions, the statutory liability for defects applies. Deviating from this, the following applies to contracts for the delivery of goods:
7.1 If the Customer acts as an entrepreneur:
- The Seller has the choice of the type of supplementary performance;
- The limitation period for defects in new goods is one year from the delivery of the goods;
- The rights and claims due to defects in used goods are excluded;
- The limitation period does not start again if a replacement delivery is made within the framework of liability for defects.
7.2 The above-mentioned limitations of liability and reductions of time limits do not apply
- to claims for damages and reimbursement of expenses
by the Customer,
- if the Seller has fraudulently concealed the defect,
- for goods that have been used in accordance with their customary use for a building and have caused its defectiveness,
- for any existing obligation of the Seller to provide updates for digital products in contracts for the delivery of goods with digital elements.
7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any recourse claims that may exist remain unaffected.
7.4 If the Customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), they are subject to the commercial obligation to inspect and give notice of defects in accordance with Section 377 of the German Commercial Code (HGB). If the Customer fails to comply with the notification obligations specified therein, the goods shall be deemed approved.
7.5 If the Customer acts as a consumer, they are requested to complain to the deliverer about goods delivered with obvious transport damage and to inform the Seller accordingly. If the Customer fails to do so, this has no effect on their statutory or contractual claims for defects.
8) Redemption of Promotional Vouchers
8.1 Vouchers issued free of charge by the Seller as part of promotions with a specific validity period and that cannot be purchased by the Customer (hereinafter referred to as "Promotional Vouchers") can only be redeemed in the Seller’s online shop and only within the specified period.
8.2 Individual products may be excluded from the voucher promotion if a corresponding restriction arises from the content of the promotional voucher.
8.3 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
8.4 Only one promotional voucher can be redeemed per order.
8.5 The value of the goods must at least correspond to the amount of the promotional voucher. Any remaining credit will not be refunded by the Seller.
8.6 If the value of the promotional voucher is insufficient to cover the order, one of the other payment methods offered by the Seller may be selected to settle the difference.
8.7 The credit of a promotional voucher will not be paid out in cash or earn interest.
8.8 The promotional voucher will not be refunded if the Customer returns the goods paid for in whole or in part with the promotional voucher as part of their statutory right of withdrawal.
8.9 The promotional voucher is transferable. The Seller may, with discharging effect, make payment to the respective holder who redeems the promotional voucher in the Seller’s online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the ineligibility, legal incapacity, or lack of authorization to represent the respective holder.
9) Applicable Law
The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws governing the international sale of movable goods. In the case of consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.
10) Jurisdiction
If the Customer is acting as a merchant, a legal entity under public law, or a special fund under public law with its seat within the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the Seller’s registered office. If the Customer is based outside the territory of the Federal Republic of Germany, the Seller’s registered office is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the Customer’s professional or commercial activity. In the aforementioned cases, however, the Seller is entitled to appeal to the court at the Customer’s place of business.
11) Alternative Dispute Resolution
11.1 The EU Commission provides a platform for online dispute resolution on the internet at the following link: [https://ec.europa.eu/consumers/odr]
This platform serves as a point of entry for the out-of-court settlement of disputes arising from online sales or service contracts involving a consumer.
11.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.