General terms and conditions of business

Part 1: GENERAL CONDITIONS

1. Scope

1.1.
For all offers, deliveries and services of hoots classic GmbH (hereinafter referred to as "provider" or "we") to consumers or businesses ("orderer" or "customer"), the following general terms and conditions of the provider apply exclusively in the version valid at the time of the order. In addition to these general terms and conditions of the provider, special conditions (e.g. terms of use) apply to individual products and services. The orderer 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 object to them or the customer refers to them when placing the order. The customer's contractual terms and conditions do not apply even if the provider unconditionally accepts the customer's services in knowledge of these contractual terms and 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

hoots classic GmbH, Fabrikstr. 27, 01445 Radebeul
(Commercial Register: District Court of Dresden, HRB 36838)
Phone: 0049 351 81041406
Email: info@hoots.de

2.2.
For all questions, complaints or other concerns regarding our offers or contracts with you, you can reach our customer service Monday to Friday from 9 a.m. to 4 p.m. by telephone at (0351) 810 810 27 or by email at info@hoots.de.

The use of our customer service is generally free of charge; the only charges you will incur are those incurred by you through the use of the means of distance communication.

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 serves to submit a binding offer by the customer.

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, e.g. by telephone, e-mail, 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 product image and then 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 your shopping cart at any time without obligation by clicking on the "VIEW SHOPPING CART" button and remove the products displayed there from your shopping cart by clicking on the "Delete" button. If you want to buy the products in your shopping cart, click on the "COMPLETE" or "CHECKOUT" button on the "Shopping Cart" page.

3.1.3.
Before you start the ordering process, you can choose whether you want to create a customer account or place an order by entering only the necessary data. The optional information is marked accordingly. In the ordering process, you can choose a billing address other than the delivery address and select the payment method. The customer can correct all of his data, including the goods in the shopping cart, in the respective input fields or using the back button on his browser. By clicking the "ORDER WITH PAYMENT" button, the customer makes a binding purchase offer for the items in the shopping cart (purchase offer/order). The provider will immediately confirm receipt of his binding purchase offer/order to the customer by email (confirmation of receipt). This confirmation of receipt does not constitute a 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 customer's offer within eight working days by either sending the customer an order confirmation (in writing, by fax or email), whereby receipt of the order confirmation by the customer is decisive, or by delivering the ordered goods to the customer, whereby receipt of the goods by the customer is decisive, or by requesting payment from the customer after placing the order. The contract is effectively concluded upon acceptance.

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

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 using the communication method chosen by the customer. The customer can send a non-binding request for an offer to the provider by telephone, fax, email, post or using the online contact form provided on the provider's website. At the customer's request, the provider will send the customer a binding offer in text form (e.g. by email, fax or letter) to sell the goods previously selected by the customer from the provider's product range.

3.2.2.
A contract is concluded with the provider and thus a contractual obligation for the individual products only comes into effect when the customer accepts the offer. The customer can accept the provider's offer 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 paying for the ordered goods. The contract is effectively concluded upon acceptance.

3.2.3.
The acceptance period begins when the offer is received by the customer, whereby the day on which the offer is received is not included in the calculation of the period. If the customer does not accept the provider's offer within the aforementioned period, the provider is no longer bound by its offer and can once again freely dispose of the goods.

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

Irrespective of an order or acceptance confirmation, a contract is concluded and thus a contractual obligation for the individual services with the selected payment method “PayPal” or “credit card” when the customer has confirmed the payment instruction to the payment service provider after entering his payment data and, if applicable, other data for his legitimation.

4. Storage of the contract text, contract language

4.1.
The contract text is saved by the provider and sent to the customer, including their 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 on their order and past orders there. Otherwise, the order data is no longer accessible via the Internet for security reasons.

4.2.
The only languages available for ordering and contracting are German and English.

5. Prices, shipping costs, payment methods

5.1.
Unless otherwise stated in the product description or the offer, the prices stated are end-user prices, include the applicable statutory VAT rates and are always exclusive of shipping costs. When ordering via our online shop, the respective shipping costs are shown separately in the ordering process and otherwise 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 the transfer of money by 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.
The fees agreed upon conclusion of the contract are due immediately upon conclusion of the contract and are payable without deduction, unless otherwise stated in the ordering process or on an invoice.

5.4.
Unless otherwise stated during the ordering process or in 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 instructions on 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 sent to the customer after default has occurred, the customer may be charged a reminder fee of EUR 2.50. The customer is free to provide evidence that the provider has incurred no costs or only significantly lower costs. If the provider can prove that it has incurred greater damages due to default, the provider is entitled to claim these.

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. Dispatch of goods, reservation of self-supply, transport damage

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

6.2.
In the case of advance payment, the period 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 contract is concluded and ends with the expiry of the last day of the period. If the last day of the period falls on a Saturday, Sunday or a public holiday recognized by the state at the place of delivery, the next working day takes the place of such a day.

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

6.4.
The contract is concluded subject to the correct and timely delivery by our suppliers. However, this reservation only applies if 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 him 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 supplier are suspended for the duration of the delivery disruption.

6.6.
If the customer purchases the goods as a consumer, the risk of accidental loss and accidental deterioration of the goods in the case of a mail order purchase is transferred to the customer when the goods are handed over to the consumer or a recipient designated by him. This applies regardless of whether the shipment is insured or not. Otherwise, the risk of accidental loss and accidental deterioration of the goods is transferred to the customer when the goods are handed over, in the case of a mail order purchase, when the goods are delivered 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 to the respective deliverer as soon as possible and then to contact the provider. Failure to complain or contact the provider has no consequences for the customer'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. In the case of digital content, the corresponding rights of use are granted only revocably until the respective fees due have been paid in full.

7.2.
Trademarks, company logos, other marks or protective notices, copyright notices, serial numbers and other identification features may not be removed or altered 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 status data collected for the vehicle as part of the contractual use of the goods, as well as position and movement data if applicable. Any further granting of rights remains unaffected.

8.2.
Apart from the rights of use or other rights granted to the customer in accordance with Section 8.1, the provider does not grant the customer any further rights of any kind, in particular to the company name and to 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 status data collected during the contractual use of the goods for the vehicle, as well as any position and movement data, in accordance with the provider's product data protection declaration. Any further granting of rights remains unaffected.

9. Warranty, liability

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

9.2
The provider is liable to the customer for claims for damages or reimbursement of wasted expenditure, regardless of the legal basis (e.g. in the event of breach of contract, impossibility or tort), to the following extent:

a)
without limitation in accordance with the statutory provisions in the event of intent and gross negligence, in the event of fraud, within the scope of a given guarantee of quality and/or durability, in the event of the absence of a guaranteed property, in the event of injury to life, body or health, for claims under the Product Liability Act and for claims arising from negligence in contract negotiations that had already arisen at the time these conditions were included;

b)
Liability for minor negligence is excluded unless the provider is liable without limitation according to point a) or the damage is based on a breach of essential contractual obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner regularly relies and may rely (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 could typically have expected to occur 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, are typically not compensated in this case.

c)
If the provider is in default with his performance, he shall be liable without limitation for this performance, even in the event of accident, unless the damage would have occurred even if the performance had been made 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. Set-off, right of retention

10.1.
The customer shall only be entitled to a right of set-off or retention of his performance 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 under clause 10.1 do not apply to consumers for a monetary claim of the customer against the provider or for claims for rescission of the contract to which the customer is entitled after exercising his statutory right of withdrawal or within the scope of the warranty against the provider.

11. Subcontractors, contract transfer

11.1.
The provider is entitled to commission third parties at any time, in whole or in part, 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 (contract transfer). In the event of a contract transfer, the customer is entitled to terminate the contractual relationship within 14 days of receiving the notification. The right to terminate for other reasons remains unaffected. Termination must be in writing.

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 relating to their online order without initially involving a court. The dispute resolution platform can be reached via 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 will endeavour to resolve any differences of opinion arising from our contract amicably. Furthermore, we are not obliged to participate in an arbitration procedure and will decide on a case-by-case basis whether to participate in such a procedure.

13. Deviating agreements in individual cases

Agreements between the provider and a customer that deviate from these terms and conditions must be in writing to be valid. This also applies to a waiver of the formal requirement. Section 305 b of the German Civil Code 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

In the event of a change in the market or competitive situation, changes in legal regulations or in the case law of the highest courts, we are entitled to change these General Terms and Conditions at any time with effect for the future without stating reasons, provided that this does not place an unreasonable burden on the customer.

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

1. Definitions

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

b)
Vehicle owner: Any owner, keeper 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, in particular position and movement data, recorded for the vehicle by the “hoots Sensor System”.

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 owner of the vehicle, 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.

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 product “hoots cloud”, 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, processed there in accordance with these additional terms and conditions and the terms of use of the portal.

2.2.
For the agreed contract period, the provider makes the IT infrastructure required to operate the portal and the relevant vehicle and usage data available for retrieval in the portal. Data communication for use of the portal and its functions takes place via online access to the provider's servers via the portal user's web browser.

2.3.
Due to maintenance and repair work as well as system updates, availability may be temporarily restricted. The same applies to technical faults that are outside the control of the provider. Uninterrupted data backup and data availability cannot be guaranteed.

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

2.5.
Furthermore, the scope of the individual services is determined from the product description current at the time of the order.

3. Technical requirements/registration

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

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

3.3.
After successful registration, the customer can log into the portal at any time using the email address provided during the registration process and his or her individual password.

4. Availability of the portal

4.1.
The availability of the portal is at least 98% on average throughout the year. This does not include times during which the 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 power outages or for network or server failures 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, it can temporarily suspend or restrict services, taking the interests of the portal user into account, if 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 suspensions or restrictions are necessary, the provider will inform the portal user in advance of the type, extent and duration of the impairment, as far as this is objectively possible under the circumstances and the notification 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 of the portal and its functionalities at any time, provided that this is reasonable for the portal user after weighing up the interests of other portal users.

5. Customer’s obligations and liability

5.1.
The provider advises 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 law, in particular the usage data, in particular position and movement data, recorded by the hoots sensor system when the vehicle is used.

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

5.3.
If the customer provides the access data required to register and use 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 using his registration data and shall indemnify the provider against claims by third parties upon first request.

5.4.
Before any use of the vehicle by a third party who is not the vehicle owner and in which usage data, in particular position and movement data of the vehicle, is recorded by the hoots sensor system, the customer is obliged to inform the third party of the collection, retrieval and processing of the data by the provider and/or portal visitor 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 bind the purchaser to these additional terms and conditions as well as other terms of use and legal notices 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 at the purchaser's request;

c)
to notify the provider of the sale, stating the contact details of the purchaser. The customer is liable to the provider and any third parties for compliance with the obligations under sections 5.2, 5.4 and 5.5 of these additional terms and conditions and shall indemnify the provider against any claims by third parties upon first request.

6. Special obligations/liability as an authorized third party

6.1.
If the product is used by an authorized third party, this third party is obliged:

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

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

c)
Any use of the registration data and any retrieval of the data stored in the portal must be stopped immediately as soon as the authorization to use granted to him by the vehicle owner expires.

6.2.
The obligations under Section 6.1 also apply if the authorized third party is a customer of the provider.

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

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

b)
is obliged to provide evidence to the provider at any time of compliance with its obligations under sections 6.1 and 6.3.a). If the user does not comply with a request for evidence from the provider despite a reminder setting a deadline, or does not comply sufficiently with it, 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 clauses 6.1 and 6.3.a) and shall indemnify the provider against claims by third parties 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 for the entire contract term is due for payment in advance.

7.2.
If the contract term is extended, the provider is entitled to change the billing period to a different cycle, 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 to adjust its prices with effect for the future to reflect changing market conditions, significant changes in procurement costs or changes in sales tax. The adjustment includes price increases in the event of an overall increase in costs.

8.2.
For periods for which the customer has already made an advance payment, the last agreed remuneration shall apply.

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

8.4.
In the event of price increases, the customer is entitled to terminate the user agreement within 4 weeks of receiving the notification. The termination will take effect (possibly retroactively) on the date of the announced price increase; the old price will apply until this point. The right to terminate for other reasons remains unaffected. The termination of the contract must be in writing.

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 selected 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 its registration.

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

9.4.
Within the agreed or extended (minimum) term, the contract can be terminated with a notice period of 1 month 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 expiry of the notice period 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 terminate the contract for good cause remains unaffected. The same applies to other termination and/or withdrawal rights of the customer (e.g. in the case of price adjustments) as well as statutory cancellation rights.

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

9.7.
When the contract period expires, the customer's access to the portal will be deactivated and the customer will no longer be able to access the data stored for the vehicle.

PART 3: SPECIAL CONDITIONS FOR ENTREPRENEURS AND RESELLERS

1. Obligations of the purchaser as a reseller

If the customer purchases the provider’s products (contract goods) for the purpose of reselling them 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 for its own account and remains the sole contractual partner and contact person vis-à-vis the provider.

1.2.
The reseller is obliged to provide the end customer with sufficient information when selling the contract 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 that use of the contract goods by the end customer is only permitted within the framework of the respective additional (product) conditions applicable to the contract goods and other terms of use of the provider (obligation to provide information).

1.3.
The reseller is obliged to sell the contract goods

a)
to oblige the end customer to comply with the additional (product) conditions and terms of use of the provider applicable to the contract goods with effect in favor of the provider and

b)
to obtain consent from the end customer on behalf of the provider, which entitles the provider in the sense of a non-exclusive right to process the personal data of the end customer, general and technical vehicle, device, sensor, operating and status data (and, if applicable, position and movement data) collected in connection with the use of the contract goods by the end customer and/or reseller, in accordance with the product data protection declaration and

c)
the provider the non-exclusive right referred to in paragraph 1.3. b) above

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 contact details of the end customer and to provide all information that enables the provider to make all functionalities of the contractual goods available to the end customer (notification obligation).

1.5.
The reseller is obliged to provide proof to the provider at any time that he has complied with his obligations under the above points 1.2 and 1.3 (obligation to provide proof). If he does not comply with a request for proof from the provider despite a reminder setting a deadline, or does not comply sufficiently, 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 under the above sections 1.2 and 1.3 as well as section 1.10 and shall indemnify the provider against third-party claims upon first request (liability indemnity). The obligations of the end customer and its liability towards the provider remain unaffected.

1.7.
To the extent that the Provider provides the Reseller with templates and samples free of charge to fulfill its obligations, the Provider assumes no liability for their effectiveness.

1.8.
If the end customer fails to comply with his obligations arising from the additional (product) terms and conditions applicable to the contractual goods and the terms of use of the provider and the reseller is entitled to 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 forced 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 distribute the contract goods (e.g. independent sales representatives), the reseller undertakes to contractually bind this third party with regard to the reseller's obligations towards the provider under these provisions or by law in the same way as the reseller is bound under this contract. The reseller is responsible to the provider for all activities undertaken by the third party commissioned by the reseller in connection with the promotion of the contract goods and is liable to the provider for these.

1.11.
The above provisions shall apply accordingly if the Purchaser purchases the contractual goods from the Supplier for the purpose of merely making them available 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 customer is obliged, as long as ownership has not yet been transferred to him, to treat the reserved goods with care and to insure them at his own expense against fire, water and theft damage to their new value.

2.2.
The customer is not entitled to pledge the reserved goods to third parties or to transfer them as security. The customer is, however, 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 customer assigns the claims against his business partners arising from the sale 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 on its own behalf and for its own account. The provider's right to collect the claims itself is not affected by this. However, the provider will not collect the claims itself and will not revoke the direct debit authorization as long as the customer properly fulfills its payment obligations.

2.4.
If the customer acts in breach of contract towards the provider, in particular if he defaults on his payment obligations, the provider can demand that the customer disclose the assigned claims and the respective debtors, inform the respective debtors of the assignment and hand over to the provider all documents and provide all information that the provider needs to assert the claims.

2.5.
The processing or transformation of the reserved goods by the customer always takes place in the name 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 the ratio of the value of the reserved goods to the other combined or mixed items at the time of combination or mixing. If the combination or mixing takes place in such a way that the customer's item is to be regarded as the main item, it is agreed that the customer transfers co-ownership to the provider in proportion. The provider accepts this transfer. The customer will keep the sole ownership or co-ownership of the item thus created for the provider.

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

3. Warranty

3.1.
If the purchaser 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 give notice of defects in accordance with Section 377 of the German Commercial Code (HGB). If the purchaser fails to comply with the notification obligations set out therein, 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 subsequent performance;

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

c)
The limitation period 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 invalid, this shall not affect the validity of the remaining clauses. In this case, the invalid or unenforceable provision shall be replaced by the parties 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 event of a regulatory gap.

5. Place of jurisdiction

5.1.
The place of jurisdiction for all claims in connection with an order from 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 customer’s general place of jurisdiction.

PART 4: CANCELLATION POLICY FOR CONSUMERS AND SAMPLE CANCELLATION FORM

1. Explanations

When concluding a contract outside of our business premises, in particular when concluding by telephone, internet or other means of telecommunications, you as a consumer have a right of withdrawal, 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 withdraw from this contract within fourteen days without giving any reason. The withdrawal period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the last goods or partial shipment. To exercise your right of withdrawal, you must notify us

hoots classic GmbH
Fabrikstr. 27, 01445 Radebeul
Email: info@hoots.de
Phone: (0351) 810 810 27

by means of a clear statement (e.g. a letter sent by post or email) of your decision to withdraw from this contract. You may use the attached model withdrawal form for this purpose, but this is not mandatory.

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.

Consequences of revocation:

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

We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us that you have cancelled this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period. You will bear the direct cost of returning the goods.

You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.

End of revocation

3. Cancellation policy for services

Right of cancellation

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period shall be fourteen days from the date of conclusion of the contract.

To exercise your right of withdrawal, you must

hoots classic GmbH
Fabrikstr. 27, 01445 Radebeul
Email: info@hoots.de
Phone: (0351) 810 810 27

by means of a clear statement (e.g. a letter sent by post or an e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory.

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.

Consequences of revocation

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 in time at which you notify us of the exercise of the right of cancellation with regard to this contract compared to the total scope of the 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
Fabrikstr. 27
01445 Radebeul

Email: info@hoots.de
Phone: +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 if notification is on paper):

_______________________________
Date (*)

Delete as appropriate

PART 5: INFORMATION ACCORDING TO BATTG and ElektroG

1. Information pursuant to Section 18 Para. 3 ElektroG

Since our products may contain batteries and rechargeable batteries, we are obliged under the Battery Act (BattG) to inform you of the following:

Batteries and rechargeable batteries must not be disposed of in household waste. You are legally obliged to return used batteries and rechargeable batteries. Old batteries can contain harmful substances that can harm the environment or your health if not stored or disposed of properly. However, batteries also contain important raw materials such as iron, zinc, manganese or nickel and can be recycled.

You can either send the batteries back to us after use or return them free of charge in your immediate vicinity (e.g. in stores or at municipal collection points or in our shipping warehouse). Returns to sales outlets are limited to the quantities usual for end users and to those used batteries that the distributor has or has had in its range as new batteries.

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

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

You can also read this information again in the documents accompanying the delivery of goods or in the operating instructions of the respective device manufacturer. Further information on the Battery Act can be found in the consumer area of the Stiftung Gemeinsames Rücknahmesystem Batterien (GRS) www.grs-batterien.de.

2. Information pursuant to Section 18 Para. 3 ElektroG

End users are obliged to dispose of old electrical equipment separately from unsorted municipal waste. This means that old electrical equipment may not be disposed of in normal household waste, but must be returned to existing collection points, in particular to public waste disposal authorities, distributors and manufacturers. This is indicated by the symbol of the crossed-out garbage bin.

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

The provider as distributor has created the following return options: https://www.telekom.de/hilfe/geraete- zubehoer/umwelt/recycling/elektrogeraeteruecknahme?samChecked=true . End users are also obliged to separate old batteries and accumulators that are not enclosed in the old device, as well as lamps that can be removed from the old device without causing damage, from the old device before handing them over to a collection point. Finally, it should be noted that end users themselves are responsible for deleting personal data on the old electrical devices to be disposed of before handing them over to a collection point. Telekom is registered with the Stiftung Elektro-Altgeräte-Register under the WEEE reg. no.: DE 60800328. Note for the waste disposal company: The date of manufacture or placing on the market is indicated on the type plate in accordance with DIN EN 60062, item 5. Manufacturers must publish their compliance with the targets set out in the Electrical and Electronic Equipment Act (ElektroG) on an annual basis. Information on this is published by the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety.

Status: December 2022