General Terms and Conditions (GTCs)

The following general terms and conditions (GTC) also contain legal information about your rights under the regulations governing distance selling and electronic commerce via the platform and online shop of www.heylovelypeople.com.

Starting January 9, 2016, disputes between consumers and merchants related to online sales contracts or online service contracts will be resolved via an online platform. This platform, established by the European Union, can be accessed at http://ec.europa.eu/odr.

1. SCOPE

1.1. The following General Terms and Conditions in the version valid at the time of the order shall apply exclusively to the business relationship between Hey GmbH (represented by the brand "heylovelypeople"), Pagendarmweg 5, 33100 Paderborn, (hereinafter "Seller") and the customer (hereinafter "Customer").

1.2. If you have any questions, complaints, or objections, you can contact us by email at info@heylovelypeople.com on weekdays from 10:00 a.m. to 4:00 p.m.

1.3. A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for a purpose that can predominantly be attributed neither to their commercial nor to their independent professional activity (Section 13 of the German Civil Code).

1.4. Deviating terms and conditions of the customer will not be recognized unless the seller expressly agrees to their validity.

2. OFFERS AND SERVICE DESCRIPTIONS

2.1. The presentation of products in the online shop does not constitute a legally binding offer, but rather an invitation to place an order. Descriptions of services in catalogs and on the seller's websites do not constitute a warranty or guarantee.

2.2. All offers are valid "while stocks last," unless otherwise stated for the products. Errors and omissions excepted.

3. ORDER PROCESS AND CONCLUSION OF CONTRACT

3.1. The customer may select products from the seller's product range without obligation and collect them in a shopping cart by clicking the "Add to Cart" button. The customer can then complete the order process within the shopping cart by clicking the "Continue to Checkout" button.

3.2. By clicking the "Order with payment" button, the customer submits a binding request to purchase the goods in the shopping cart. The customer can edit and review the data at any time before submitting the order. Required information is marked with an asterisk (*).

3.3. The Seller will then send the Customer an automatic confirmation of receipt by email, which lists the Customer's order again and which the Customer can print using the "Print" function (order confirmation). The automatic confirmation of receipt merely documents that the Customer's order has been received by the Seller and does not constitute acceptance of the order. The purchase contract is only concluded when the Seller ships or hands over the ordered product to the Customer, or confirms shipment to the Customer with a second email, express order confirmation, or sending the invoice.

4. PRICES AND SHIPPING COSTS

4.1 The prices quoted are final prices plus Shipping costs .

4.2. VAT will be charged on items sold within the European Union (EU) and Northern Ireland.

4.3. Since 1 July 2021, items sold within the European Union (EU) and Northern Ireland must be subject to the VAT rates of the country into which the products are delivered or imported.

4.4. The prices in our shop are listed in euros and include German VAT. Please note that the final price depends on the actual VAT applicable to your order. For orders from outside the EU, German VAT will be deducted and the VAT applicable for the country of destination will be charged.

4.5. For shipments to countries outside the European Union (e.g., Switzerland), you may be charged VAT or other taxes, depending on the laws of the respective country, or import or customs duties may apply. In such cases, customs duties and import VAT must be paid by the customer to the customs authorities upon receipt of the shipment. These charges are in addition to the purchase price and shipping costs and are beyond the control of the provider.

5. DELIVERY AND AVAILABILITY OF GOODS

5.1. If not all ordered products are in stock, the Seller is entitled to make partial deliveries at its own expense, provided this is reasonable for the Customer.

5.2. Should delivery of the goods fail due to the buyer's fault despite three delivery attempts, the seller may withdraw from the contract. Any payments made will be refunded to the customer immediately.

5.3. If the ordered product is not available because the seller is not supplied with this product by its supplier through no fault of its own, the seller may withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, propose the delivery of a comparable product. If no comparable product is available or the customer does not wish to receive a comparable product, the seller will immediately reimburse the customer for any consideration already provided.

5.4. Customers will be informed about delivery times and delivery restrictions (e.g. restriction of deliveries to certain countries) on a separate information page or within the respective product description.

5.5. Multiple products ordered at the same time will be delivered in one shipment; the delivery time for the product with the longest delivery time applies to the combined shipment. If the customer wishes to have a specific product with a shorter delivery time delivered in advance, they must order that product separately.

6. CONSUMER RIGHT OF WITHDRAWAL

6.1. A customer who purchases as a consumer is entitled to a right of withdrawal in accordance with the statutory provisions. A customer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed.

6.2. The Seller grants a Customer with permanent residence outside Germany a 14-day withdrawal period, even if the Consumer's national law provides for a shorter period; for Consumers with permanent residence in Slovenia, a withdrawal period of 15 calendar days applies.

6.3. The Seller grants a consumer with permanent residence outside Germany the right to submit the declaration of withdrawal informally even if the consumer's national law provides for a stricter form.

6.4 For consumers permanently residing in Switzerland, the conditions and legal consequences of the German consumer right of withdrawal apply even if withdrawal is not provided for under Swiss law.

6.5. There is no right of withdrawal for orders of customizable products. It is expressly pointed out that products of this type supplied by heylovleypeople or Wortmann Consulting & Services are goods manufactured according to customer specifications and tailored to the customer's personal needs. According to Section 5f Z 3 of the Consumer Protection Act (KSchG), the customer has no right of withdrawal from distance selling contracts for such goods.

6.6. Exceptions to the right of withdrawal:
The right of withdrawal does not apply to contracts for the delivery (1) of goods which are not prefabricated and for whose production an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer and (2) of goods which, due to their nature, are not suitable for return (e.g. downloads, non-physical products).

7. PAYMENT METHODS

7.1. The customer can choose from the available payment methods during and before completing the order process. Customers will be informed about the available payment methods on a separate information page.

7.2. When paying using a payment method offered by PayPal, payment processing is carried out via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – subject to the terms and conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

7.3. When paying using a payment method offered by Stripe, payment processing (credit card payment) is carried out via the payment service provider Stripe Payments Europe Ltd, Block 4, Harcourt Centre, Harcourt Road, Dublin 2, Ireland (hereinafter: "Stripe"), subject to the Stripe Terms of Use, which can be viewed at https://stripe.com/de/legal, to which the seller assigns its payment claim. Stripe collects the invoice amount from the customer's specified credit card account. The credit card is charged immediately after the customer submits the order in the online shop. Even if the payment method selected is credit card payment via Stripe, the seller remains responsible for general customer inquiries, e.g. regarding the goods, delivery time, shipping, returns, complaints, cancellation notices and shipments, or credit notes.

7.4. If the payment is due according to the calendar date, the customer shall be in default simply by missing the due date. In this case, the customer shall pay statutory default interest.

7.5. The Customer's obligation to pay default interest does not exclude the Seller's right to claim further damages caused by default.

7.6. The customer is only entitled to a right of set-off if his counterclaims have been legally established or recognized by the seller. The customer may only exercise a right of retention if the claims arise from the same contractual relationship.

8. RESERVATION OF TITLE

The delivered goods remain the property of the seller until full payment has been made.

9. WARRANTY AND GUARANTEE FOR MATERIAL DEFECTS

9.1. The warranty is determined in accordance with statutory provisions.

9.2. A guarantee for goods delivered by the Seller only exists if this has been expressly stated. Customers will be informed of the guarantee conditions before initiating the order process.

10. LIABILITY

10.1. The following exclusions and limitations of liability shall apply to the Seller's liability for damages, without prejudice to any other statutory requirements for claims.

10.2. The Seller shall be liable without limitation if the cause of the damage is based on intent or gross negligence.

10.3. Furthermore, the Seller shall be liable for the slightly negligent breach of essential obligations, the breach of which jeopardizes the achievement of the purpose of the contract, or for the breach of obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the Customer regularly relies. In this case, however, the Seller shall only be liable for foreseeable, contract-typical damages. The Seller shall not be liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.

10.4. The above limitations of liability do not apply in cases of injury to life, body, or health, for defects after a guarantee has been given regarding the quality of the product, or for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.

10.5 To the extent that the Seller's liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.

11. STORAGE OF THE CONTRACT TEXT

11.1. The Customer may print the contract text before submitting the order to the Seller by using the print function of his browser in the last step of the order process.

11.2. The seller will also send the customer an order confirmation with all order details to the email address provided by the customer. If you have registered in our shop, you can view your placed orders in your profile area. We also save the contract text, but do not make it available online.

12. DATA PROTECTION

12.1. The Seller processes the Customer's personal data for specific purposes and in accordance with the statutory provisions.

12.2. The personal data provided for the purpose of ordering goods (such as name, email address, address, payment details) will be used by the Seller to fulfill and process the contract. This data will be treated confidentially and will not be shared with third parties not involved in the ordering, delivery, and payment processes.

12.3. The customer has the right to receive, upon request and free of charge, information about the personal data stored about him or her by the seller. In addition, the customer has the right to correct inaccurate data, block, and delete his or her personal data, provided that no statutory retention period conflicts with this.

12.4. Further information on the nature, scope, location and purpose of the collection, processing and use of the required personal data by the Seller can be found in the Privacy Policy.

13. JURISDICTION, APPLICABLE LAW, CONTRACT LANGUAGE

13.1. The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. However, German law does not apply to consumers permanently residing outside of Germany if the consumer's national law contains provisions from which no contractual derogation to the consumer's detriment is permissible.

13.2. The contract language is German.

13.3 Should individual provisions of these General Terms and Conditions prove to be invalid or unenforceable, this shall not affect the validity of the remaining provisions.