Terms of service

General Terms and Conditions

Table of Contents
1. Scope of Application
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Terms
6. Retention of Title
7. Liability for Defects (Warranty)
8. Liability
9. Redemption of Gift Vouchers
10. Applicable Law
11. Place of Jurisdiction
12. Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter "GTC") of Harley & Cho e. K. (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 These GTC apply accordingly to contracts for the delivery of vouchers, unless otherwise stipulated.

1.3 A consumer within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity.

1.4 An entrepreneur within the meaning of these Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, is acting in the course of their commercial or independent professional activity.

2) Conclusion of Contract

2.1 The product descriptions contained in the seller's online shop do not constitute binding offers on the part of the seller, but serve as an invitation to the customer to submit a binding offer.

2.2 The customer can submit the offer via the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding offer to purchase the goods contained in the shopping cart by clicking the button that completes the order process.

2.3 The seller may accept the customer's offer within five days by:

• sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the customer is decisive; or
• by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive; or
• by requesting payment from the customer after the customer has placed the order.

If several of the aforementioned alternatives apply, the contract is concluded at the point in time when one of the aforementioned alternatives first occurs. The period for accepting the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is considered a rejection of the offer, with the consequence that the customer is no longer bound by their declaration of intent.

2.4 When selecting a payment method offered by PayPal, payment processing is handled by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full; or – if the customer does not have a PayPal account – subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the seller hereby declares acceptance of the customer's offer at the moment the customer clicks the button that completes the order process.

2.5 When submitting an offer via the seller's online order form, the contract text is stored by the seller after the conclusion of the contract and sent to the customer in text form (e.g., email, fax, or letter) after the order has been placed. The seller does not make the contract text available in any other way. If the customer has created a user account in the seller's online shop before placing their order, the order data is archived on the seller's website and can be accessed free of charge by the customer via their password-protected user account using the corresponding login details.

2.6 Before submitting a binding order via the seller's online order form, the customer can identify potential input errors by carefully reading the information displayed on the screen. A useful technical aid for better identifying input errors is the browser's zoom function, which enlarges the display on the screen. During the electronic ordering process, the customer can correct his entries using the usual keyboard and mouse functions until he clicks the button that completes the ordering process.

2.7 Different languages are available for concluding the contract. The specific language selection is displayed in the online shop.

2.8 Order processing and communication generally take place via email and automated order processing. The customer must ensure that the email address provided for order processing is correct so that emails sent by the seller can be received at that address. In particular, if using spam filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller for order processing can be delivered.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the seller's cancellation policy.

3.3 The right of withdrawal does not apply to consumers who are not citizens of a Member State of the European Union at the time of conclusion of the contract and whose sole residence and delivery address are located outside the European Union at the time of conclusion of the contract.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices, including statutory VAT. Any additional delivery and shipping costs will be specified separately in the respective product description.

4.2 The payment option(s) will be communicated to the customer in the seller's online shop.

4.3 If advance payment by bank transfer is agreed upon, payment is due immediately upon conclusion of the contract, unless the parties have agreed upon a later due date.

4.4 If a payment method offered via the payment service "PayPal" is selected, payment processing is handled by PayPal, which may also utilize the services of third-party payment service providers. If the seller also offers payment methods via PayPal where they provide services to the customer in advance (e.g., purchase on account or installment payment), they assign their payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer.

Before accepting the seller's assignment of receivables, PayPal or the payment service provider commissioned by PayPal will conduct a credit check using the customer data provided. The seller reserves the right to refuse the selected payment method to the customer in the event of a negative credit check result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, payment can only be made to PayPal or the payment service provider commissioned by PayPal with legally binding effect. However, even in the case of assignment of receivables, the seller remains responsible for general customer inquiries, e.g., regarding the goods, delivery time, shipping, returns, complaints, cancellations and returns, or credit notes.

4.5 When selecting a payment method offered via the "Shopify Payments" service, payment processing is handled by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments are displayed to the customer in the seller's online shop. Stripe may use other payment services to process payments, for which separate terms and conditions may apply. The customer will be notified separately of any such terms and conditions. Further information on "Shopify Payments" is available online at https://www.shopify.com/legal/terms-payments-de.

5) Delivery and Shipping Terms

5.1 If the seller offers shipping of the goods, delivery will be made within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. The delivery address specified in the seller's order processing system is decisive for the processing of the transaction.

5.2 If delivery of the goods fails for reasons attributable to the customer, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the costs of the initial shipment if the customer effectively exercises their right of withdrawal. For return shipping costs, the provisions set forth in the seller's cancellation policy apply if the customer effectively exercises their right of withdrawal.

5.3 If the customer is acting as a business, the risk of accidental loss or damage to the goods sold passes to the customer as soon as the seller has handed the goods over to the carrier, freight forwarder, or other person or entity designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss or damage to the goods sold generally only passes to the customer upon delivery of the goods to the customer or an authorized recipient. Notwithstanding the foregoing, the risk of accidental loss or damage to the goods sold also passes to the customer in the case of consumers as soon as the seller has handed the goods over to the carrier, freight forwarder, or other person or entity designated to carry out the shipment, provided that the customer has commissioned the carrier, freight forwarder, or other person or entity designated to carry out the shipment and the seller has not previously informed the customer of the identity of this person or entity.

5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery to the seller by its own suppliers. This applies only if the non-delivery is not the seller's fault and the seller has concluded a specific cover transaction with the supplier with due diligence. The seller will make every reasonable effort to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the payment will be refunded immediately.

5.5 Self-collection is not possible for logistical reasons.

5.6 Vouchers will be provided to the customer as follows:

• via download
• via email

6) Retention of Title

6.1 With respect to consumers, the seller retains title to the delivered goods until full payment of the purchase price is received.

6.2 With respect to businesses, the seller retains title to the delivered goods until all claims arising from the ongoing business relationship have been settled in full.

6.3 If the customer is a business, the following also applies:

In the event of processing of the delivered goods, the seller is considered the manufacturer and acquires title to the newly created goods. If the processing is carried out together with other materials, the seller acquires title in proportion to the invoice value of its goods relative to the value of the other materials. If, in the event of combination or mixing of the seller's goods with an item belonging to the customer, the latter is considered the principal item, co-ownership of the resulting item passes to the seller in proportion to the invoice value of the seller's goods relative to the invoice value, or, in the absence of such a value, the market value, of the principal item. In these cases, the customer is considered the custodian.

The customer may neither pledge nor assign as security any goods subject to retention of title or other rights. The customer is only authorized to resell the goods subject to retention of title in the ordinary course of business. The customer hereby assigns to the seller in advance all claims against third parties arising from such resale, up to the amount of the respective invoice value (including VAT). This assignment applies regardless of whether the goods subject to retention of title have been resold before or after processing. The customer remains authorized to collect the receivables even after the assignment. The seller's right to collect the receivables directly remains unaffected. However, the seller will not collect the receivables as long as the customer fulfills their payment obligations to the seller, is not in default of payment, and no application for the commencement of insolvency proceedings has been filed.

The customer must immediately notify the seller of any access to goods owned or co-owned by the seller or to assigned receivables. The customer must immediately remit to the seller any amounts collected by the customer that have been assigned to the seller, insofar as the seller's claim is due.

If the value of the seller's security rights exceeds the amount of the secured claims by more than 10%, the seller will release a corresponding portion of the security rights at the customer's request.

7) Liability for Defects (Warranty)

Unless otherwise stipulated in the following provisions, the statutory provisions regarding liability for defects apply. The following applies in deviation from this for contracts for the delivery of goods:

7.1 If the customer is acting as a business,

• the seller has the right to choose the method of subsequent performance;
• the limitation period for defects in new goods is one year from delivery of the goods;
• rights and claims due to defects in used goods are excluded;
• the limitation period does not restart if a replacement delivery is made under the warranty for defects.

7.2 The aforementioned limitations of liability and reductions of time limits do not apply

• to claims for damages and reimbursement of expenses by the customer,
• in the event that the seller has fraudulently concealed the defect,
• to goods that, according to their customary use, have been used for a building and have caused its defectiveness,
• to any existing obligation of the seller to provide updates for digital products, in the case of contracts for the supply of goods with digital elements.

7.3 Furthermore, for businesses, the statutory limitation periods for any existing statutory right of recourse remain unaffected.

7.4 If the customer is a merchant as defined in Section 1 of the German Commercial Code (HGB), they are subject to the commercial duty to inspect and give notice of defects pursuant to Section 377 of the HGB. If the customer fails to comply with the notification obligations stipulated therein, the goods are deemed approved.

7.5 If the customer is a consumer, they are requested to report any delivered goods with obvious transport damage to the delivery service and to inform the seller accordingly. Failure to do so will not affect their statutory or contractual warranty rights.

8) Liability

The seller is liable to the customer for all contractual, quasi-contractual, and statutory claims, including tort claims, for damages and reimbursement of expenses as follows:

8.1 The seller is liable without limitation for any legal reason:

• in cases of intent or gross negligence,
• in cases of intentional or negligent injury to life, body, or health,
• based on a guarantee promise, unless otherwise stipulated,
• based on mandatory liability, such as under the Product Liability Act.

8.2 If the seller negligently breaches a material contractual obligation, liability is limited to the foreseeable damages typical for this type of contract, unless unlimited liability applies pursuant to the preceding clause. Material contractual obligations are those obligations that the contract imposes on the seller according to its content for the achievement of the contractual purpose, the fulfillment of which is essential for the proper performance of the contract, and on the observance of which the customer may regularly rely.

8.3 Otherwise, the seller's liability is excluded.

8.4 The above liability provisions also apply with regard to the seller's liability for its vicarious agents and legal representatives.

9) Redemption of Gift Vouchers

9.1 Gift vouchers that can be purchased via the seller's online shop (hereinafter referred to as "gift vouchers") can only be redeemed in the seller's online shop, unless otherwise stated on the voucher.

9.2 Gift vouchers and any remaining balance on gift vouchers are redeemable until the end of the third year following the year of purchase. Remaining balances will be credited to the customer until the expiry date.

9.3 Gift vouchers can only be redeemed before the order is completed. Subsequent crediting is not possible.

9.4 Multiple gift vouchers can be redeemed in a single order.

9.5 Gift vouchers can only be used to purchase goods and not to purchase other gift vouchers.

9.6 If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be used to pay the difference.

9.7 The balance of a gift voucher will neither be paid out in cash nor accrue interest.

9.8 The gift voucher is transferable. The seller may make payment with discharging effect to the respective holder who redeems the gift voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the respective holder's lack of entitlement, legal incapacity, or lack of authority to act on behalf of another.

10) Applicable Law

10.1 All legal relations between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws on the international sale of goods. For consumers, this choice of law applies only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which they have their habitual residence.

10.2 Furthermore, this choice of law does not apply to the statutory right of withdrawal for consumers who, at the time of conclusion of the contract, are not resident in a Member State of the European Union and whose sole residence and delivery address at the time of conclusion of the contract are outside the European Union.

11) Place of Jurisdiction

If the customer is a merchant, a legal entity under public law, or a special fund under public law, and has its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the seller's place of business. If the customer has its registered office outside the territory of the Federal Republic of Germany, the seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract, provided that the contract or claims arising from the contract can be attributed to the customer's professional or commercial activities. In the aforementioned cases, however, the seller shall in any event be entitled to bring an action before the court at the customer's registered office.

12) Alternative Dispute Resolution

12.1 The EU Commission provides a platform for online dispute resolution at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.

12.2 The seller is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.