General terms and conditions of business

Part 1: GENERAL CONDITIONS

1. Scope

1.1.
For all offers, deliveries and services from hoots classic GmbH (hereinafter referred to as “provider” or “we”) to consumers or entrepreneurs (“orderer” or “customer”), the following general terms and conditions of the provider apply exclusively as they existed at the time of the order valid version. In addition to these general terms and conditions of the provider, special conditions (e.g. terms of use) also apply to individual products and services. The purchaser is informed of the validity of these additional conditions.

1.2.
Differing, conflicting or supplementary general terms and conditions of the customer do not become part of the contract, even if the provider does not expressly contradict them or the customer points them out when ordering. The purchaser's contractual conditions do not apply even if the provider accepts the purchaser's services without reservation in the knowledge of these contractual conditions, but only if the provider has expressly agreed to their validity in writing.

2. Contractual partner, customer service

2.1.
Unless expressly stated otherwise, the provider and contractual partner is the

hoots classic GmbH, Sebnitzer Str. 53, 01099 Dresden
(Commercial register: Dresden District Court, HRB 36838)
Tel.: 0049 351 81041406
Email: info@hoots.de

2.2.
If you have any questions, complaints or other concerns about our offers or contracts with you, you can reach our customer service Monday to Friday from 9 a.m. to 4 p.m. on the telephone number (0351) 810 810 27 or by email at info@hoots.de.

The use of our customer service is generally free of charge; only the fees that you incur through the use of the means of distance communication are incurred.

3. Conclusion of contract

The presentation and description of the goods, offers and other services (product) on the website or in other descriptions does not constitute a legally binding offer to conclude a contract, but rather serves to enable the customer to submit a binding offer.

A contract between the provider and the customer can be concluded via the website (Section 3.1.) or following an individual request from the customer, for example by telephone, email, fax or letter (Section 3.2.).

A claim for a contract does not exist.

3.1. Conclusion of contract when ordering via our online shop

3.1.1.
Once you have found the product you want, you can take a closer look at it by clicking on the product name or the product image and add it to the virtual shopping cart by clicking on the “ADD TO CART” button. This process is non-binding.

3.1.2.
You can view the contents of the shopping cart at any time without obligation by clicking on the “SHOW CART” button and remove the products displayed there from the shopping cart by clicking on the “Delete” button. If you want to purchase the products in the shopping cart, click on the “FINISH” or “CHECKOUT” button on the “Shopping Cart” page.

3.1.3.
Before you initiate the ordering process, you can choose whether you want to create a customer account or only place an order by entering the necessary data. The only optional information is marked accordingly. During the ordering process, you can choose a billing address that differs from the delivery address and select the payment method. The customer can correct all of his data, including the goods from the shopping cart, in the respective input fields or using the back button in his browser. By clicking the “ORDER FOR A COST” button, the customer submits a binding purchase offer for the items contained in the shopping cart (purchase offer/order). The provider will immediately confirm receipt of the purchaser's binding purchase offer/order by email (confirmation of receipt). This confirmation of receipt does not constitute binding acceptance of the customer's order.

3.1.4.
A contract with the provider is only concluded when the offer is accepted by the provider. The provider can accept the purchaser's offer within eight working days by either sending the purchaser an order confirmation (in writing, by fax or email), whereby the receipt of the order confirmation by the purchaser is decisive, or by providing the purchaser with the ordered one delivers goods, whereby the receipt of the goods by the customer is decisive, or by asking the customer to pay after placing his order. The contract is effectively concluded upon acceptance.

If several of the aforementioned alternatives are present, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the customer sends the offer and ends at the end of the eighth working day following the sending of the offer. If the provider does not accept the purchaser's offer within the aforementioned period, this is deemed to be a rejection of the offer, with the result that the purchaser is no longer bound to it and the provider can freely dispose of the goods again.

3.2. Conclusion of contract through individual communication (e.g. by email, fax or letter)

3.2.1.
When ordering by telephone or by email, fax or letter, our products are ordered within the form of communication chosen by the customer. For this purpose, the purchaser can send a non-binding request to submit an offer to the provider by telephone, fax, email, post or using the online contact form available on the provider's website. Upon request, the provider sends the purchaser in text form (e.g. by email, fax or letter) a binding offer to sell the goods previously selected by the purchaser from the provider's product range.

3.2.2.
A contract is concluded with the provider and thus a contractual binding regarding the individual products is only concluded when the offer is accepted by the customer. The customer can accept the offer from the provider within the period specified in the offer by either sending the provider a corresponding order confirmation (in writing, by fax or email), whereby the receipt of the order confirmation by the provider is decisive, or by The customer pays for the ordered goods. The contract is effectively concluded upon acceptance.

3.2.3.
The acceptance period begins upon receipt of the offer by the purchaser, whereby the day of receipt of the offer is not taken into account when calculating the period. If the customer does not accept the provider's offer within the aforementioned period, the provider is no longer bound to his offer and can freely dispose of the goods again.

3.3 Conclusion of contract with advance payment (e.g. “PayPal” or “credit card”)

Regardless of an order or acceptance confirmation, a contract is concluded and thus a contractual binding for the individual services with the selected payment method “PayPal” or “credit card” is already concluded when the customer submits the payment instruction after entering his payment data and, if necessary, other data to legitimize him to the payment service provider.

4. Storage of the contract text, contract language

4.1.
The contract text is saved by the provider and sent to the customer, including his order data and the general terms and conditions, by email. If the customer used a user account for the provider's website when placing the order, the customer can also view the contract text and all data about his order and previous orders there. Furthermore, for security reasons, the order data is no longer accessible via the Internet.

4.2.
Only German and English are available for ordering and as the contract language.

5. Prices, shipping costs, payment methods

5.1.
Unless otherwise stated in the product description or the offer, the prices stated are end consumer prices, include the applicable statutory VAT rates and are generally plus shipping costs. When ordering via our online shop, the respective shipping costs are shown in the ordering process and separately on our offer.

5.2.
For orders from countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for transferring money through credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). If the provider is aware of these costs, they will be shown separately in the ordering process and otherwise on our offer.

5.3.
Unless otherwise stated in the ordering process or an invoice, the fees agreed upon conclusion of the contract are due immediately upon conclusion of the contract and are payable without deductions.

5.4.
Unless otherwise stated during the ordering process or our offer, the purchase price can be paid either by invoice or in advance. The provider reserves the right to only offer selected payment methods for selected products. Further information and information about the individual payment methods can be found in the corresponding “Payment Methods” section on our website.

5.5.
If the customer defaults on payment, the provider is entitled to demand statutory default interest in accordance with Section 288 of the German Civil Code (BGB). For each reminder that is sent to the purchaser after the default has occurred, the purchaser may be charged a reminder fee of 2.50 euros. The purchaser is free to prove that the provider incurred no costs or only significantly lower costs. If the provider verifiably incurred higher damages due to the delay, the provider is entitled to claim this.

5.6.
The customer agrees to send the invoice as an electronic invoice (invoice that is issued and received in an electronic format, e.g. as a PDF document) by email. The provider can, at its own discretion, also send the invoice to the customer on paper.

6. Shipping of the goods, reservation of self-delivery, transport damage

6.1.
Unless otherwise stated in the product description, the ordering process or our individual offer, the products are delivered worldwide; within Germany at the latest within Germany within 10 working days at the latest, outside Germany within 15 working days at the latest.

6.2.
In the case of advance payment, the deadline begins on the day after the payment order is issued to the transferring credit institution or, in the case of other payment methods, on the day after the conclusion of the contract and ends at the end of the last day of the deadline. If the last day of the deadline falls on a Saturday, Sunday or a public holiday recognized by the state at the place of delivery, such a day will be replaced by the next working day.

6.3.
If not all ordered goods are immediately in stock, the provider is entitled to make partial deliveries if this is reasonable for the purchaser.

6.4.
The contract is concluded subject to correct and timely delivery by our suppliers. However, this reservation only applies in the event that we have concluded a congruent hedging transaction with the supplier and are not responsible for any incorrect or non-delivery. In this case, the provider will immediately inform the customer that the ordered goods are not available within the delivery time and will immediately reimburse the customer for any services already provided.

6.5.
In the event of delivery disruptions due to force majeure (e.g. strikes, pandemics and lockouts), the performance obligations of the purchaser and provider are suspended for the period of the delivery disruption.

6.6.
If the customer purchases as a consumer, the risk of accidental loss and accidental deterioration of the goods in the case of a mail order purchase passes to the consumer or a recipient designated by him when the goods are handed over. This applies regardless of whether shipping is insured or not. Otherwise, the risk of accidental loss and accidental deterioration of the goods passes to the purchaser upon handover, or in the case of mail order purchases, upon delivery of the goods to the freight forwarder or the person or institution otherwise designated to carry out the shipment.

6.7.
The following applies to consumers: If goods are delivered with obvious transport damage, the customer is asked to complain about this to the respective delivery person as soon as possible and then contact the provider. Failure to make a complaint or contact us has no consequences whatsoever for the purchaser's legal claims and their enforcement, in particular warranty rights.

7. Retention of title, reservation of rights

7.1.
The delivered goods remain the property of the provider until full payment has been made. For digital content, the corresponding usage rights are only granted on a revocable basis until the fees due have been paid in full.

7.2.
Trademarks, company logos, other marks or protective notices, copyright notices, serial numbers and other identifying features may not be removed or changed either in electronic format or in printouts.

8. Rights of use, data protection

8.1.
The provider grants the customer the non-exclusive right to use and process the operating and condition data as well as, if applicable, position and movement data collected for the vehicle as part of the contractual use of the goods. Any granting of rights beyond this remains unaffected.

8.2.
Outside of the customer in accordance with Section 8.1. granted usage rights or other rights, the provider does not grant him any further rights of any kind, in particular to the company name and industrial property rights (such as patents, utility models, trademarks, layouts, etc.), nor is the provider obliged to grant the customer such rights .

8.3. The customer grants the provider the non-exclusive right to use and process the operating and condition data collected during the contractual use of the goods for the vehicle as well as, if applicable, position and movement data in accordance with the provider's product data protection declaration. Any granting of rights beyond this remains unaffected.

9. Warranty, liability

9.1.
If the delivered goods are defective, the provider's warranty is based on the statutory provisions (§§ 433 ff. BGB).

9.2
The provider is liable to the customer for claims for damages or reimbursement of wasted expenses, regardless of the legal reason (e.g. breach of contract, impossibility or unlawful act), to the following extent:

a)
unlimited in accordance with the legal provisions in the event of intent and gross negligence, in the event of fraud, within the scope of a given quality and/or durability guarantee, in the absence of a guaranteed property, in the event of injury to life, body or health, for claims arising from the Product Liability Act and for claims due to negligence in contract negotiations that had already arisen at the time these conditions were included;

b)
Liability for slight negligence is excluded unless the provider has unlimited liability according to point a) or the damage is based on a breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the contractual partner regularly relies can trust (so-called cardinal obligations, e.g. contractual performance and delivery). In the event of a breach of such an essential contractual obligation, liability is limited to the damage that the provider would typically have had to expect based on the circumstances known at the time the contract was concluded. Damage that did not occur to the goods themselves, in particular lost profits or other financial losses, will typically not be compensated in this case.

c)
If the provider is in arrears with his service, he is liable for this service without limitation, even for accidents, unless the damage would have occurred even if the service had been delivered on time.

9.3
The above limitation of liability also applies to the liability of employees, representatives, bodies, vicarious agents and other third parties whom the provider uses to fulfill the contract.

10. Offsetting, right of retention

10.1.
The customer only has the right to set off and retain his services if the counterclaims in question have been legally established or are undisputed, unless the claims are based on the same legal relationship.

10.2.
The restrictions according to Section 10.1. do not apply to consumers for a monetary claim by the customer against the provider or for claims for reversal of the contract that the customer is entitled to after exercising his statutory right of withdrawal or within the scope of the warranty against the provider.

11. Subcontractors, assumption of contract

11.1.
The provider is entitled to commission third parties in whole or in part at any time to provide the agreed services.

11.2.
In addition, the provider can transfer its rights and obligations from this contract to one or more third parties (assumption of contract). In the event of acceptance of the contract, the purchaser is entitled to terminate the contractual relationship extraordinarily within 14 days of receipt of the notification. The right to terminate for other reasons remains unaffected. The termination must be in text form.

12. Alternative Dispute Resolution

12.1.
The EU Commission provides a platform for out-of-court dispute resolution. This gives consumers the opportunity to resolve disputes in connection with their online order without going to court. The dispute resolution platform can be accessed under the external link http://ec.europa.eu/consumers/odr (so-called OS platform).

12.2.
However, we are legally obliged to inform you of our email address. This is: info(at)hoots.de. We endeavor to resolve any disagreements arising from our contract amicably. Furthermore, we are not obligated to participate in arbitration proceedings and will decide whether to participate in such proceedings on an individual basis on a case-by-case basis.

13. Different agreements in individual cases

Agreements between the provider and a customer that deviate from these General Terms and Conditions must be in text form to be effective. This also applies to a waiver of the formal requirement. § 305 b BGB remains unaffected.

14. Applicable Law

German law applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods.

15. Changes to these Terms and Conditions

If the market and competitive situation changes, legal regulations or supreme court case law change, we are entitled to change these General Terms and Conditions at any time with effect for the future without giving reasons, provided that this does not place an unreasonable burden on the customer.

PART 2: SPECIAL TERMS AND CONDITIONS FOR THE “HOOTS – CLOUD” PRODUCT

1. Definitions

a)
Vehicle: the object for which the product is used and in which usage data, particularly position and movement data, is recorded by the installed “hoots sensor system” and processed by the provider.

b)
Vehicle owner: Any owner, holder or other authorized person who decides on the use of the vehicle.

c)
Portal: the web-based access system provided by the provider for retrieving and processing the usage data recorded for the vehicle by the “hoots sensor system”, in particular position and movement data.

d)
Customer: Anyone who has lawfully purchased the product from the provider or subsequently from a customer of the provider.

e)
Self-using customer: Any customer who, as the vehicle owner, uses the product himself or has it used by a third party authorized by him.

f)
Authorized third party: Any customer or third party authorized by the vehicle owner to use the product without being the vehicle owner or user of the vehicle.

G)
Portal user: Any self-using customer or authorized third party who accesses the vehicle and usage data recorded by the “hoots sensor system” via the portal.

2. Services of the provider

2.1.
With the “hoots cloud” product, the provider enables the vehicle and usage data recorded by the “hoots sensor system” to be accessed via the portal for the duration of the contract term and, if necessary, to be processed there in accordance with these additional terms and conditions and the terms of use of the portal.

2.2.
The provider keeps the IT infrastructure required to operate the portal as well as the relevant vehicle and usage data available in the portal for the agreed contract term. Data communication for the use of the portal and its functions takes place via online access via the portal user's web browser to the provider's servers.

2.3.
Due to maintenance and repair work as well as system updates, availability may be limited for a short time. The same applies to technical disruptions that are beyond the provider's control. Uninterrupted data backup and data availability are not guaranteed in this respect.

2.4.
For initial access to the portal and its registration, the provider provides the customer who purchased the product from him with an individual activation key.

2.5.
Otherwise, the scope of the individual services results from the current product description at the time of the order.

3. Technical requirements/registration

3.1.
In order to access the portal and retrieve the content and functions stored there, the portal user requires access to the Internet and an Internet-capable device (e.g. smartphone or PC), with which the portal user can establish unrestricted Internet connections to external servers and the content stored there and functions can be accessed and saved if necessary.

3.2.
A one-time registration is required to use the portal. Registration is done by entering the hoots serial number and an activation key, which is sent to the customer upon purchase. A separate registration is required for each hoots sensor system purchased.

3.3.
After successful registration, the customer can log in to the portal at any time using the email address provided during the registration process and their individual password.

4. Availability of the portal

4.1.
The availability of the portal is at least 98% on an annual average. This does not include times during which use of the portal is interrupted or impaired for technical or other reasons that are beyond the control of the provider (e.g. force majeure). In particular, the provider assumes no responsibility for energy failures or for failures of networks or servers insofar as these affect the portal user's systems or the public Internet.

4.2.
The provider is entitled to carry out regular maintenance work on its IT systems to ensure the security of network operations, to maintain network integrity, the interoperability of services and data protection. For this purpose, he may temporarily discontinue or restrict services, taking into account the interests of the portal user, provided important reasons justify this. The provider will carry out maintenance work and updates, as far as possible, during periods of low usage. If longer, temporary service discontinuations or restrictions are necessary, the provider will inform the portal user in advance about the type, extent and duration of the impairment, to the extent that this is objectively possible under the circumstances and the information would not delay the elimination of interruptions that have already occurred.

4.3.
The provider is entitled to independently carry out updates and extensions or restrictions to the portal and its functionalities at any time, provided this is reasonable for the portal user, even after weighing up the interests of other portal users.

5. Obligations and liability of the customer

5.1.
The provider points out to the customer that the data that can be accessed in the portal in connection with the use of the product may be subject to special data protection protection, in particular the usage data recorded by the hoots sensor system when using the vehicle, in particular position and movement data.

5.2.
The customer must keep the data transmitted by the provider for the first registration in the portal safe from unauthorized access by unauthorized third parties.

5.3.
If the customer provides the access data necessary for registering and using the portal to an (authorized) third party, he is liable to the provider and possible third parties for all activities carried out on the portal with his registration data and releases the provider from third-party claims upon first request.

5.4.
Before each use of the vehicle by a third party who is not the vehicle owner, and in which usage, particularly position and movement data of the vehicle is recorded by the hoots sensor system, the customer is obliged to ensure that the data is recorded, accessed and processed by the hoots sensor system To inform providers and/or portal visitors in accordance with the (product) data protection declaration.

5.5.
If the vehicle is sold, the customer is obliged:

a)
to immediately refrain from further use of the portal by yourself and/or authorized third parties;

b)
to oblige the purchaser to comply with these additional conditions as well as other terms of use and legal information on (product) data protection of the provider in their currently valid version with effect in favor of the provider and to make these available to the purchaser upon his request;

c)
notify the provider of the sale, stating the contact details of the purchase. The customer is liable to the provider and possible third parties for compliance with the obligations in accordance with Sections 5.2 and 5.4. and 5.5 of these additional conditions and releases the provider from third-party claims upon first request.

6. Special obligations/liability as an authorized third party

6.1.
If the product is used by an authorized third party, they are obliged to:

a)
to obtain sufficient consent from the vehicle owner in advance for the respective use or the associated processing of the data accessible via the portal,

b)
to inform the provider when registering that it is being used as an authorized third party, to comply with the applicable data protection regulations when retrieving the data stored in the portal and its further processing (storage/evaluation), to store the data securely, and to protect it from access by unauthorized third parties in accordance with current security standards and to refrain from any transfer and processing of this data that is not absolutely necessary to fulfill its obligations towards the vehicle owner and

c)
You must immediately refrain from using the registration data or retrieving the data stored in the portal as soon as the user authorization granted to you by the vehicle owner expires.

6.2.
The obligations according to section 6.1. also apply if the authorized third party is a customer of the provider.

6.3.
The authorized third party who is a customer of the provider,

a)
is obliged to independently inform the vehicle owner of these additional conditions as well as other terms of use and legal information on (product) data protection of the provider in their currently valid version and to make these available to him at any time upon his request; this does not apply if the vehicle owner is a customer of the provider;

b)
is obliged to ensure compliance with its obligations under Section 6.1. and 6.3.a) must be proven to the provider at any time. If the provider does not comply with the provider's request for proof despite a reminder setting a deadline or does not do so sufficiently, the provider is entitled to temporarily block access to the portal to protect the vehicle owner.

c)
is liable to the provider and possible third parties for compliance with the obligations under Section 6.1. and 6.3.a) and releases the provider from third-party claims upon first request.

7. Payment, Billing Period

7.1.
Unless otherwise stated in the product description, in the ordering process or in our individual offer, the agreed remuneration is due for payment in advance for the entire contract term.

7.2.
If the contract term is extended, the provider is entitled to change the billing period to a different frequency, e.g. monthly billing.

8. Price Adjustment

8.1.
The provider is entitled at its reasonable discretion in accordance with Section 315 of the German Civil Code (BGB) and is obliged, in favor of the purchaser, to adjust its prices with effect for the future to changing market conditions as well as in the event of significant changes in procurement costs or changes in sales tax. The adjustment includes price increases with overall increased costs.

8.2.
For periods for which the customer has already made an advance payment, the most recently agreed remuneration applies.

8.3.
The purchaser will be notified of the price adjustment with an invoice or by email.

8.4.
In the event of price increases, the customer is entitled to terminate the usage contract extraordinarily within 4 weeks of receipt of the notification. The termination will take effect (if necessary retroactively) on the date of the announced price increase; The old price applies until this point. The right to terminate for other reasons remains unaffected. Termination of the contract must be in text form.

9. Contract term and termination

9.1.
The contract term depends on the term option specified in the product description or the individual offer and chosen by the customer.

9.2.
The term begins on the day on which the provider first provides the customer with the individual activation key for access to the portal and registration.

9.3.
Unless otherwise stated in the product description or our individual offer or in the ordering process, the contract is extended for an indefinite period after the agreed (minimum) term has expired, unless it has been previously terminated by one of the contracting parties.

9.4.
Within the agreed or extended (minimum) term, the contract can be terminated with one month's notice to the end of the respective contract term. If the contract has been extended for an indefinite period, the notice period is 1 month. For periods after the notice period has expired for which the customer has already made an advance payment, the provider will reimburse the customer the amount pro rata.

9.5.
The right of each contracting party to extraordinary termination of the contract for good cause remains unaffected. The same applies to the purchaser's other rights of termination and/or withdrawal (e.g. in the event of price adjustments) as well as statutory rights of withdrawal.

9.6.
Terminations can be made in writing, in text form (e.g. by email) or in electronic form using the termination device (termination button) provided by the provider on its website.

9.7.
When the contract term expires, the customer's access to the portal is deactivated and the customer can no longer access the data stored for the vehicle.

PART 3: SPECIAL CONDITIONS FOR ENTREPRENEURSHIPS AND RESELLERS

1. Obligations of the customer as a reseller

If the customer purchases the provider's products (contractual goods) for the purpose of resale to third parties (reseller), the following applies:

1.1.
The reseller provides its deliveries and services of the contractual goods to the third party (end customer) in its own name and on its own account and remains the sole contractual and contact person for the provider.

1.2.
The reseller is obliged to provide the end customer with sufficient information when selling the contractual goods

a)
to point out any existing (product) additional terms and conditions as well as other terms of use and information on (product) data protection of the provider, in particular on the use of personal data by the provider, and to make these available to the end customer,

b)
to inform you that use of the contractual goods by the end customer is only permitted within the scope of the respective additional (product) conditions applicable to the contractual goods as well as other terms of use of the provider (obligation to inform).

1.3.
The reseller is obliged to distribute the contractual goods

a)
to oblige the end customer to comply with the additional (product) conditions applicable to the contractual goods as well as the provider's terms of use with effect in favor of the provider and

b)
to obtain consent from the end customer in favor of the provider, which entitles the provider in the sense of a non-exclusive right to use the end customer's personal data, general and technical vehicle, device, sensor, operating and status data (as well as position and movement data, if applicable) , which are collected in connection with the use of the contractual goods by the end customer and/or reseller, to be processed in accordance with the product data protection declaration and

c)
the provider under paragraph 1.3 above. b) mentioned non-exclusive

1.4.
To transfer the right of use (granting of rights of use). The reseller is obliged to notify the provider of the sale, stating the end customer's contact details, and to provide all information that enables the provider to make all the functionalities of the contractual goods available to the end customer (obligation to notify).

1.5.
The reseller is obliged to ensure compliance with its obligations in accordance with paragraphs 1.2 above. and 1.3. must be provided to the provider at any time (obligation to provide proof). If he does not comply or does not sufficiently comply with the provider's request for proof despite a reminder setting a deadline, the provider is entitled to withdraw from the contract.

1.6.
The reseller is liable to the provider and possible third parties for compliance with the obligations in accordance with paragraphs 1.2 above. and 1.3. and Section 1.10. and releases the provider from third-party claims upon first request (liability release). The obligations of the end customer and their liability towards the provider remain unaffected.

1.7.
If the provider provides the reseller with templates and samples free of charge to fulfill his obligations, the provider assumes no liability for their effectiveness.

1.8.
If the end customer does not fulfill his obligations arising from the additional (product) conditions and terms of use of the provider that apply to the contractual goods and the reseller has claims against the end customer as a result, the reseller is obliged to assign these claims to the provider at the request of the provider.

1.9.
If the provider is prompted to recall a product due to a defect in the contractual goods, the reseller will support the provider and take all reasonable measures ordered by the provider.

1.10.
In the event that the reseller uses a third party to sell the contractual goods (e.g. independent sales representatives), the reseller undertakes to contractually bind this third party in the same way with regard to the obligations incumbent on the reseller towards the provider under these provisions or under the law, how the reseller is bound by this contract. The reseller is responsible to the provider for all activities that the third party commissioned by the reseller undertakes in connection with the promotion of the contractual goods and is responsible to the provider for these.

1.11.
The above regulations apply accordingly if the customer purchases the contractual goods from the provider for the purpose of only passing them on to the end customer for (free of charge) use.

2.Extended retention of title

2.1.
The delivered contractual goods (reserved goods) remain the property of the provider until all claims arising from this contract have been paid in full. The purchaser is obliged, as long as ownership has not yet been transferred to him, to treat the reserved goods with care and to adequately insure them against fire, water and theft damage at their new value at his own expense.

2.2.
The purchaser is not entitled to pledge the reserved goods to third parties or to assign them as security. However, the purchaser is entitled to use the reserved goods and to resell them to third parties in the ordinary course of business as long as he is not in default with his payment obligations. The purchaser assigns the claims arising from the sale to his business partners to the provider as security. The provider accepts the assignment.

2.3.
The provider revocably authorizes the customer to collect the claims assigned to the provider in his own name for his account. This does not affect the provider's right to collect the claims themselves. However, the provider will not collect the claims itself and will not revoke the direct debit authorization as long as the customer properly fulfills his payment obligations.

2.4.
If the customer behaves contrary to the contract towards the provider, in particular if he falls behind with his payment obligations, the provider can demand that the customer disclose the assigned claims and the respective debtors, notify the respective debtors of the assignment and hand over all documents to the provider provides all information that the provider needs to assert the claims.

2.5.
The processing or transformation of the reserved goods by the purchaser is always carried out on behalf of and on behalf of the provider. If the reserved goods are processed with other items that are not the property of the provider, the provider acquires co-ownership of the new item in the ratio of the value of the reserved goods to the other processed items at the time of processing. If the reserved goods are inseparably combined or mixed with other items that do not belong to the provider, the provider acquires co-ownership of the new item in proportion to the value of the reserved goods to the other connected or mixed items at the time of connection or mixing. If the connection or mixing takes place in such a way that the purchaser's item is to be viewed as the main item, it is agreed that the purchaser transfers proportional co-ownership to the provider. The provider accepts this transfer. The purchaser will keep the resulting sole ownership or co-ownership of the item for the provider.

2.6.
If the reserved goods are seized or are subject to other interventions by third parties, the purchaser is obliged, as long as ownership has not yet been transferred to him, to inform the third party of the provider's property rights and to notify the provider immediately in writing so that the provider can enforce his property rights .

3. Warranty

3.1.
If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he is subject to the commercial obligation to inspect and report defects in accordance with Section 377 of the German Commercial Code (HGB). If the purchaser fails to comply with the reporting obligations regulated there, the goods are deemed to have been approved.

3.2.
If the customer acts as an entrepreneur,

a)
the provider has the choice of the type of supplementary performance;

b)
For new goods, the limitation period for defects is one year from delivery of the goods;

c)
The statute of limitations does not begin again if a replacement delivery is made within the scope of liability for defects.

4. Severability clause

Should a provision of these General Terms and Conditions be or become ineffective, this shall not affect the effectiveness of the remaining clauses. In this case, the parties should replace the invalid or unenforceable provision with an effective provision that comes as close as possible to the economic purpose of the invalid or unenforceable provision. The same applies in the case of a loophole.

5. Place of jurisdiction

5.1.
The place of jurisdiction for all claims in connection with the appointment of merchants, legal entities under public law or special funds under public law is Dresden.

5.2.
The provider is also entitled to sue at the purchaser's general place of jurisdiction.

PART 4: CANCELLATION INSTRUCTIONS FOR CONSUMERS AND SAMPLE CANCELLATION FORM

1. Explanations

When concluding a contract outside of our business premises, particularly when concluded by telephone, internet or other means of telecommunication, you as a consumer are entitled to a right of cancellation, which we will draw your attention to when concluding the contract. Please note that you are only entitled to withdraw if you conclude the contract as a consumer, i.e. for private purposes and not in connection with a commercial or other professional activity.

2. Cancellation policy for the purchase of goods


Right of cancellation:

You have the right to cancel this contract within fourteen days without giving any reasons. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the last goods or partial shipment. In order to exercise your right of withdrawal, you must contact us

hoots classic GmbH,
Sebnitzer Str. 53, 01099 Dresden,
Email: info@hoots.de,
Tel.: (0351) 810 810 27

inform you of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or an email). You can use the attached sample cancellation form, although this is not mandatory.

In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires.

Consequences of revocation:

If you cancel this contract, we will refund to you all payments received from you, including delivery costs (except for additional costs resulting from you choosing a method of delivery other than the cheapest standard delivery offered by us have) to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment.

We may refuse repayment until we have received the goods back or until you have provided evidence of having sent the goods back, whichever is the earlier. You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of your cancellation of this contract. The deadline is met if you send the goods before the fourteen day period has expired. You bear the direct costs of returning the goods.

You are only liable for any loss in value of the goods if this loss in value is due to the handling other than what is necessary to establish the nature, characteristics and functionality of the goods.

End of revocation


3. Cancellation policy for services


Right of cancellation

You have the right to cancel this contract within fourteen days without giving any reasons. The cancellation period is fourteen days from the day the contract is concluded.

In order to exercise your right of withdrawal, you must contact us

hoots classic GmbH,
Sebnitzer Str. 53, 01099 Dresden,
Email: info@hoots.de,
Tel.: (0351) 810 810 27

inform you of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or an email). You can use the attached sample cancellation form, although this is not mandatory.

In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires.

Consequences of revocation

If you cancel this contract, we will refund to you all payments received from you, including delivery costs (except for any additional costs arising from you choosing a method of delivery other than the cheapest standard delivery offered by us have) to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment.

If you have requested that the services begin during the cancellation period, you must pay us an appropriate amount corresponding to the proportion of the services already provided up to the point at which you inform us of your exercise of the right of cancellation with regard to this contract Comparison with the overall scope of services provided for in the contract.


4. Sample cancellation form

(If you want to cancel the contract, please fill out this form and send it back.)

hoots classic GmbH
Sebnitzer Str. 53
01099 Dresden

Email: info@hoots.de
Tel.: +49 (0351) 810 810 27

I/we (*) hereby revoke the purchase of the following goods (*)/the provision of the following service (*) concluded by me/us (*):

Ordered on (*)/received on (*):
Name of consumer(s):
Address of the consumer(s):


_____________________________
Signature of the consumer(s) (only for paper notification):


_____________________________
Date (*)

Delete what is not applicable

PART 5: NOTES ACCORDING TO BATTG and ElektroG

1. Information according to Section 18 Paragraph 3 ElektroG

Since our products may contain batteries and accumulators, we are obliged under the Battery Act (BattG) to point out the following to you:

Batteries and accumulators may not be disposed of with household waste; you are legally obliged to return used batteries and accumulators. Used batteries can contain harmful substances that, if not stored or disposed of properly, can harm the environment or your health. Batteries also contain important raw materials such as iron, zinc, manganese or nickel and can be recycled.

After use, you can either send the batteries back to us or return them free of charge in the immediate vicinity (e.g. in stores or in municipal collection points or in our shipping warehouse). The sale in sales outlets is limited to the quantities usual for end users and to those used batteries that the distributor carries or has carried in its range as new batteries.

The symbols shown on the batteries or accumulators have the following meaning: The symbol of the crossed out garbage can means that the battery must not be disposed of with household waste.

Pb = Battery contains more than 0.004 percent lead by mass
Cd = battery contains more than 0.002 percent cadmium by mass
Hg = Battery contains more than 0.0005 percent mercury by mass
Please note the above instructions.

You have the opportunity to read this information again in the documents accompanying the goods delivery or in the operating instructions of the respective device manufacturer. Further information on the Battery Act can be found in the consumer section of the Joint Battery Take-Back System Foundation (GRS) www.grs-batterien.de.

2. Information according to Section 18 Paragraph 3 ElektroG

End users are obliged to collect waste electrical equipment separately from unsorted municipal waste. This means that old electrical devices may not be disposed of with normal household waste, but must be returned to existing collection points, especially to public waste disposal providers, distributors and manufacturers. This is expressed by the symbol of the crossed-out garbage can.

Numerous distributors of electrical and electronic devices are obliged to take back old electrical devices free of charge in accordance with the criteria set out in Section 17 Paragraph 1 and Paragraph 2 ElektroG.

The provider as a distributor has created the following return options: https://www.telekom.de/hilfe/geraete-zubehoer/umwelt/recycling/elektrogeraeteruecknahme?samChecked=true. End users are still obliged to separate used batteries and accumulators that are not enclosed by the old device, as well as lamps that can be removed from the old device without destroying them, from the old device before handing them over to a collection point. Finally, it should be noted that end users are responsible for deleting personal data on the waste electrical equipment to be disposed of before handing it over to a collection point. Telekom is registered with the Stiftung Elektro-Altgeräte-Register under the WEEE registration number: DE 60800328. Note for the waste disposal company: The date of manufacture or placing on the market is stated on the nameplate in accordance with DIN EN 60062, number 5. Manufacturers must annually publish compliance with the targets set by the Electrical and Electronic Equipment Act (ElektroG). The Federal Ministry for the Environment, Nature Conservation and Nuclear Safety publishes information on this.

As of: December 2022

Shipping within Europe

We ship your order throughout Europe.

Customer service

Do you have questions? battery@hoots.de

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