Terms and conditions
You may cancel your declaration of contract within one month without stating reasons by means of written confirmation (e.g. letter, fax, email) or – where you have received the item prior to the end of the prescribed period – by returning the item. The period begins after receipt of this instruction in the written form, however not before receipt of the goods by the addressee (where similar goods are delivered on a recurring basis, not before receipt of the first partial delivery), nor before fulfilment of our obligations to provide information as defined in Article 246 § 2 in conjunction with § 1 Para. 1 and 2 of the Introductory Act to the Civil Code (EGBGB) as well as our duties pursuant to § 312e Para. 1 Clause 1 of the German Civil code (BGB) in conjunction with Article 246 § 3 EGBGB. Timely dispatch of the cancellation or item shall suffice for purposes of compliance with the prescribed revocation period. The revocation must be addressed to:
Fax: +49 (0)5971 8072356
Consequences of revocation:
In the event of an effective revocation, the services received by either party shall be returned and any benefits derived from receipt of such services shall be surrendered (e.g. interest). Where you are unable to return the services received in whole or in part or only in a deteriorated condition, you shall be required to compensate us in this respect. In the case of items provided for use, this does not apply if the deterioration in the item is exclusively due to its being inspected, as may have been possible in a retail shop. You shall not be liable for compensation in the event of deterioration of the item as a result of use as intended. Goods suitable for shipping via parcel are to be returned at our risk. Where the delivered goods correspond to the goods ordered and where the price of the goods to be returned does not exceed an amount of 40 Euro or where you have not yet rendered counter performance or a contractually agreed partial payment for a higher priced item at the time of revocation, you shall be liable for the costs of the return shipment. In all other cases the return shipment shall be at no charge to you. Goods that are not suitable for shipping via parcel shall be collected from you. You shall be obliged to reimburse payments within 30 days of dispatch of your declaration of revocation. The prescribed period shall commence for you on dispatch of your declaration of revocation or item, and for us on receipt of same.
Terms and Conditions
Terms and Conditions
§ 1 General conditions
1) These terms and conditions apply to any business relationship between Hoodboyz GmbH and the buyer in thier valid version on time of the order. Deviating conditions of the buyer are not accepted by Hoodboyz GmbH, unless Hoodboyz GmbH explicitly accepted them in writen form. The exclusive jurisdiction for all claims in connection with the business relationship is Rheine.
2) Hoodboyz GmbH is always entitled to alter these terms and conditions. The buyer may object to such alterations. If the buyer does not object to the altered conditions in written form within four weeks after receipt of the alteration notice, the altered terms and conditons will take effect. Hoodboyz GmbH will advise the buyer in writen form or by e-mail at the beginning of the period.
3) The presentation of the products on this website pose a non-binding offer.
4) The order of the buyer in whatever form is a binding offer to conclude the purchase contract on the ordered product(s), which Hoodboyz GmbH can accept within 2 weeks.
5) Hoodboyz GmbH claims ownership and copyright on all illustrations, drawings, layouts, calculations and other documents. This also applies to written documents marked as "confidential". The buyer should not transfer such documents to third parties without express consent in written form by Hoodboyz GmbH.
§ 2 Conclusion of contract and rescission
1) The buyer can order via mail, e-mail, telephone or the Hoodboyz.de Online Shop.
The buyer should leave in any case his telephone number and e-mail address so Hoodboyz GmbH can contact the buyer for further inquiries.
2) The presentation of products or services on this website is only advertising and not an offer in principle.
The offer is basically given by the buyer, which Hoodboyz.de can accept or not.
3) If writing, printing, database and/or computational errors occure on the website, then Hoodboyz GmbH may withdraw from the contract.
4) The contract with Hoodboyz GmbH will only get effective when Hoodboyz GmbH accepts the offer.
The acceptance is subject to the flawless display of goods and their data as well as the availability of the ordered goods or services. The declaration of acceptance by Hoodboyz GmbH to the buyer is not required, the customer waives this § 151 S. 1 BGB. The automatic order confirmation via e-mail, which the customer receives, only confirms the receipt of the order and not it's accuracy or availability.
5) By submitting the order the buyer declares that he is fully capable of business and at least 18 years old.
6) If Hoodboyz GmbH is not able to accept the offer, Hoodboyz GmbH will inform the buyer in electronic form.
7) Hoodboyz GmbH may also withdraw from the contract if the supplier of Hoodboyz GmbH does not supply the ordered products despite a contractual obligation. In this case, the buyer will be informed immediately that the ordered product is not available. The price already paid by the buyer will be refunded immediately.
- Shipping / delivery charges are usually for a return will not be refunded.
8) Complaints may Hoodboyz.de unfortunately only in production errors within the statutory time limits may be accepted.
§ 3 Prices
1) The sales tax is included in our prices.
2) The standard currency used in the Hoodboyz.de Online Shop is Euro. Prices in other currencies are calculated based on the price in Euro and the official exchange rate supplied by the European Central Bank on a daily basis.
3) Costs for packaging and shipment will be invoiced separately, as far as no other information is given in the order confirmation. The actual costs will be displayed on screen before the confirmation of the offer by the buyer and also after that in the confirmation email.
If the order amount is less than 26 Euros Hoodboyz GmbH will raise a minimum quantity surcharge of 5 Euros.
§ 4 Delivery
1) Unless otherwise agreed, delivery occures from Hoodboyz GmbH's warehouse to the buyer's shipping address. Information on the delivery deadline is not binding, except a binding delivery deadline was promised by Hoodboyz GmbH in written form.
§ 5a Payment, Maturity, Default (domestic)
1) Domestic orders are all orders with a shipping address inside Germany.
2) The purchase price is immediately payable with the order. The buyer can pay the purchase price by cash on delivery, bank transfer, invoice, debit, credit card or PayPal. If a higher detectable damage is incurred to Hoodboyz GmbH, Hoodboyz GmbH may assign this claim.
3) The ordered products will be reserved to the buyer for 20 days. If no payment is received within this period, Hoodboyz GmbH may cancel the reservation and offer the product again to other customers in the online shop or at ebay.de. Hoodboyz GmbH reserves the right to cancel the order after the expiration of 20 days.
§ 5b Payment, Maturity, Default (abroad)
1) Abroad orders are all orders with a shipping address outside of Germany.
2) HoodBoyz GmbH reserves the right to increase the shipping lump-sum for large orders. In this case the buyer is granted a separate right of cancellation.
3) For abroad orders the buyer can pay the purchase price by bank transfer, credit card or PayPal. COD is only possible for shipments to Germany and Austria.
4) The ordered products will be reserved for the buyer for 20 days. If no payment is received within this period, Hoodboyz GmbH may cancel the reservation and offer the products again to other customers in the online shop or at ebay.de. Hoodboyz GmbH reserves the right to cancel the order after the expiration of 20 days.
§ 5c Shipping
The shipping fee depends on the country of the shipping adress:
|To Germany||$ 6.34
|In other countries of the EU
|To Norway or Switzerland
|In all other countries
If the buyer is a consumer, Hoodboyz GmbH carries, regardless of the shipment, in any case the transit risk. If the buyer is a business owner, all the risks and dangers of the shipment pass over to the buyer as soon as the goods have been transfered to the authorized logistics partner by Hoodboyz GmbH.
For COD deliveries to Germany, there are 5 € delivery charges (including the € 2 charge of Deutsche Post) added.
For COD deliveries to Austria, there are 7 € delivery charges (including the € 4 charge of Deutsche Post) added.
§ 6 Retention of Title, Compensation, Lien
1) If the buyer is a consumer, all delivered products remain the property of Hoodboyz GmbH until complete payment by the buyer.
2) If the buyer is a business owner or legal entity, all delivered products remain the property of Hoodboyz GmbH until all open accounts recievables of the business relationship between Hoodboyz GmbH and the buyer are equalized. The respect security interests are transferable to third parties.
3) The buyer only has a right to compensate if his counterclaims are legally established or undisputed by Hoodboyz GmbH. Also the buyer only has a right of lien insofar as his counterclaim is based on the same contractual relationship.
§ 7 Warranty and Liability
1) If there is a damage or fault on a purchased product which is in the responsability of Hoodboyz GmbH, the buyer may demand either a repair or replacement of the product. If Hoodboyz GmbH is not able or willing to repair/replace the product due to disproportion, or if a repair/replacement is delayed beyond appropriate periods for reasons which Hoodboyz GmbH is responsible for, or if the repair/replacement fails in any way, the buyer may withdraw from the contract. As far as not otherwise indicated below, further claims by the buyer - regardles for whatever legal reasons - are excluded.
Hoodboyz GmbH is not liable for damages, which did not occur on the delivered goods themselves; especially Hoodboyz GmbH is not liable for lost profits or other financial losses of the buyer. Where the liability of Hoodboyz GmbH is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents of Hoodboyz GmbH. The foregoing liability limitation does not apply if the damage was caused by intent or gross negligence or personal injury is involved. It also does not apply if the customer asserts claims under Sections 1, 4 Product Liability Act, claims due to the lack of a guaranteed property or claims for damages for failure to comply in accordance with Sections 463, 480 para 2 BGB argues. If Hoodboyz GmbH negligently breached a contract obligation, the obligation to pay compensation for property damage is limited to the typically resulting damage.
We provide you with high quality products. Please follow the care instructions on the product. Hoodboyz GmbH is not liable for damages caused by incorrect handling or incorrect washing of the product.
§8a Exercising the statutory right of revocation
1) Should you wish to exercise your right of revocation, return the goods to us in the form of a stamped package and retain the postage receipt. We shall reimburse you the postal charges to the extent that you are not responsible for same (see § 9b).
2) Please return the goods in their original packaging where possible, including all accessories. Should the original packaging no longer be available, please use alternative appropriate packaging for ensuring protection of the goods against damage during transport.
3) The procedures laid down in § 9a Para. 1 and 2 do not constitute a prerequisite for effective exercising of your right of revocation.
§8b Return costs when exercising the statutory right of revocation
1) In the event that you exercise your statutory right of revocation, you shall be responsible for regular costs of the return shipment if the goods supplied correspond to the goods ordered and if the shipment cost of the item to be returned does not exceed an amount of 40 Euro or if you have not yet rendered counter performance or a contractually agreed partial payment for a higher priced item at the time of revocation or if the sender's address of the return shipment is located outside of Germany.
§ 9a Privacy
1) The buyer has been informed about the type, size, reason and place of the collecting, processing and utilization of personal data used for processing orders by Hoodboyz GmbH. The buyer explicitly accepts this collecting, processing and utilization of his personal data.
§ 9b storage and processing of personal data
1) Hoodboyz GmbH commits to protect the privacy of all persons who buy in their shop and to keep all personal data in confidence. This is based on the relevant statutory provisions, such as the Federal Data Protection Act (BDSG) and Information and Communication Services Act (IuKDG). The data received from you will be stored. However, you can always demand the deletion of your data. If you wish your data to be deleted, please let us know by e-mail at email@example.com.
§ 9c use of personal data
1) Hoodboyz GmbH will exclusively use your data to fulfill the contract closed with you. This data is only stored for tax reasons (eg, customer database, invoices for the tax).
§ 8d disclosure of information
1) Hoodboyz GmbH will not give your personal data to third parties, except their shipping partners (eg, DHL). These partners will receive the data which is necessary to accomplish the delivery.
§ 9e security measures to prevent loss and misuse of personal data
1) Hoodboyz GmbH uses encryption technology for the transfer of personal data for maximum confidentiality. Your personal data is also protected by a password, so that only you can access it. Our servers use different security mechanisms and authorization processes to make unauthorized access more difficult.
§ 10 Applicable Law
1) German law applies under exclusion of the CISG.
§ 312 e BGB with the exception of the clause relating to the involvement of the Terms is excluded.
Should individual regulations of this Treaty, in whole or in part, are or become invalid, this shall not affect the rest of the contract. In the event of such ineffectiveness, the contractors will apply to an effective regulation, which is economically as close as possible to the ineffective regulation. The same applies to the extent that there is a gap in the contract.