Terms of service

General terms and conditions (GTC) of the online shop of Handhood of Schlesiger Werner GbR, Berlin (https://www.handhood.de)

1. Scope
For all contracts concluded between Schlesiger Werner GbR, Berlin (hereinafter “Handhood”) and the customer (hereinafter “customer”) on https://www.handhood.de, the following general terms and conditions apply exclusively at the time of the order by the customer current version. Conflicting, deviating or supplementary general terms and conditions of the customer do not become part of the contract, unless Handhood expressly agrees to their validity.

Handhood is currently only sold within Germany. Therefore, both the delivery address and the billing address of the customer must be in Germany.

2. Conclusion of contract
Customers can purchase goods in the Handhood online shop - as a registered customer or via an access for which no login or registration is required. Registration is free of charge and can be canceled at any time and there are no obligations on the part of the customer. Deregistration or termination takes place informally and directly by email to hallo@handhood.de or in writing to Schlesiger Werner GbR, Waldemarstr. 3b, D-10179 Berlin.
The presentation of the goods is not a legally binding offer, but a non-binding offer from Handhood. The customer can select goods and place them in the shopping cart. By clicking the "Pay now" button, the customer places a binding order for the goods he has selected. Input errors can be corrected at any time before submitting the order. With the order, the customer accepts the terms and conditions. The receipt of the order is confirmed by an automated email immediately after receipt of the order and does not yet constitute an acceptance of the contract by Handhood. The contract is only concluded when the customer's offer is sent by a separate order confirmation by email or by sending the ordered product is accepted. The acceptance can take place within three days after receipt of the offer.
3. Right of withdrawal
Consumers have a 14-day right of withdrawal. A consumer is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity. 

The customer has the right to withdraw from this contract within 14 days without giving reasons. The cancellation period is 14 days from the day on which he or a third party named by him who is not the carrier has taken possession of the goods, or if several goods that the customer has ordered as part of a single order are delivered separately on which he or a third party named by him, who is not the carrier, has taken possession of the last goods. 

In order to exercise the right of withdrawal, the customer must send a clear declaration (for example a letter sent by post or a E-mail) of his decision to withdraw from this contract. He can use the attached model withdrawal form for this purpose, but this is not mandatory. To meet the cancellation deadline, it is sufficient for the customer to send the notification of exercising the right of cancellation before the cancellation period has expired. The right of revocation does not apply to contracts for the delivery of sealed goods that are unsuitable for return for reasons of health protection or hygiene if their seal has been removed after delivery. 


Model withdrawal form

To: Handhood, Schlesiger Werner GbR, Waldemarstr. 3b, D-10179 Berlin:

- I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following products / goods (*):
- Ordered on (*) / received on (*):
- Name of the consumer (s):
- Address of the consumer (s):
- Signature of the consumer (s) (only when notified on paper)
- date

(*) Delete where inapplicable.

4. Consequences of withdrawal
If the customer cancels this contract, we shall immediately repay all payments that we have received from him (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us) at the latest within fourteen days from the day on which we received notification of his cancellation of this contract. For this repayment we use the same means of payment that the customer used for the original transaction, unless something else was expressly agreed with him; In no case will the customer be charged fees for this repayment. We can refuse repayment until we have received the goods back or until he has provided evidence that he has sent the goods back, whichever is earlier.

The customer must send back or hand over the goods to us immediately and in any case no later than 14 days from the date on which he informed us of the cancellation of this contract. The deadline is met if he sends the goods before the period of fourteen days has expired.

The customer must ensure that the goods are returned to us unused / unworn and with the appropriate labels. If the goods show signs of use due to use, we are entitled to claim compensation. The customer only has to pay for any loss of value / replacement of the value of the goods if this loss in value is due to an inspection of the quality, properties and functionality of the goods (s) that are not necessary for him to handle.  

5. Exclusion of the right of withdrawal
Unless otherwise agreed by the parties, the right of withdrawal does not apply to the following contracts:

Contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,

Contracts for the delivery of sealed goods that are unsuitable for return for reasons of health protection or hygiene if their seal has been removed after delivery,

6. Availability of goods
If the product ordered by the customer is temporarily unavailable, Handhood will immediately inform the customer of this fact in the order confirmation. If the delivery is delayed by more than two weeks, the customer has the right to withdraw from the contract.

If it turns out only after the conclusion of the contract that the goods are permanently unavailable, Handhood will inform the customer of this immediately after becoming aware of this by email. In this case, both the customer and Handhood can withdraw from the contract. 

In the event of a withdrawal from the contract, Handhood will immediately reimburse the customer for payments already made.

7. Prices and shipping costs
All prices quoted are total prices in euros. They contain the applicable statutory sales tax. The prices at the time of the order always apply. 

We send the HANDHOODs ordered by the customer within Germany and charge shipping costs per order in the amount of from  2,95 (including sales tax). If you order three HANDHOODs or more, shipping is free (online gift vouchers do not count).

When exercising the statutory right of withdrawal (see No. 3 of these terms and conditions), the customer can return the goods. As a customer, he then bears the shipping costs for the return. We do not offer shipping outside of Germany at the moment.

8. Terms of delivery
The goods are currently only dispatched within Germany. Exceptions can be requested at the e-mail address hallo@handhood.de. The delivery times specified in the offer apply, these start with receipt of payment. We deliver the goods in accordance with the agreements made with the customer. Any shipping costs are listed in the product description and are shown separately on the invoice.
9. Payment terms
Handhood offers various payment options, but reserves the right not to make individual payment methods available or to refer to other payment methods in individual cases. 

Payment in advance. If prepayment by bank transfer has been agreed, payment is due immediately after the conclusion of the contract, unless the parties have agreed a later due date. This means that the transfer of the total amount (calculated from the specified purchase price plus the shipping costs incurred) must be made by the customer to the account of Schlesiger Werner GbR (Handhood) immediately after the conclusion of the contract:

Account: Schlesiger Werner GbR
IBAN: DE96 2013 0400 0060 0302 85
Grenke Bank, Baden-Baden
Purpose: "Order No. ..."

PayPal. Furthermore, Handhood (Schlesiger Werner GbR) is ready to accept credits to Handhood's PayPal account on account of performance (§364 II BGB) (provider is PayPal (Europe) S.à rl & Cie, SCA, 5th floor, 22-24 Boulevard Royal, L-2449, Luxembourg). The contractual relationships between PayPal and its customers are based exclusively on PayPal's terms of use.

Credit card. We also accept payments that are processed by electronic direct debit or by credit card. When purchasing, the respective account is debited when the order is shipped. These payments are processed through our service provider Shopify Payments; Address: Zeughofstraße 20, 10997 Berlin, Germany. The contractual relationships between Shopify Payments and its customers are based exclusively on the Shopify Payments Terms of Use. For more information on Shopify Payments, visit the Shopify homepage

Apple / Google / Shop Pay. With Apple Pay or Google Pay, customers can use the payment and shipping information stored in their Apple or Google account to shop quickly and securely. The payment buttons are located directly in the shopping cart. In the case of goods being returned, the amount will be credited to the corresponding Apple or Google account after receipt of the goods.

If the contract is not concluded or is canceled, the purchase price that may already have been paid will be refunded immediately. The repayment is made to the account used by the customer for payment. In the case of a return, the amount will be credited to the relevant account after receipt of the goods. This process can take three to five days, depending on the banks.

10. Coupons
The customer can - for a limited time - on www.handhood.de Purchase vouchers. Purchased vouchers can be redeemed in the Handhood online shop. Payment in cash is excluded. A voucher is considered redeemed if it has been offset against a purchase of goods in the online shop. 

11. Retention of title, Offsetting and right of retention
The delivered goods remain the property of Handhood until all payment obligations have been fully met by the customer. The customer is only entitled to offset if his counterclaims are undisputed by us or have been legally established. The customer is only authorized to exercise a right of retention if the counterclaim is based on the same contractual relationship.
12. Warranty for material defects, information on liability for defects
Insofar as there are defects in the goods - for example production errors or damage - the customer is entitled to the statutory warranty rights. The assignment of these rights to third parties by him is excluded. The limitation period for warranty claims for consumers is two years from delivery.

Handhood is not liable for defects in the delivered goods that were caused by the goods being improperly handled or modified in a manner not approved by Handhood. The same applies in the event that the customer has not followed the regulations on handling and caring for the goods (e.g. washing instructions).

13. Liability
We are liable for intent and gross negligence. Furthermore, we are liable for the negligent breach of obligations, the fulfillment of which enables the proper execution of the contract in the first place, the breach of which jeopardizes the achievement of the purpose of the contract and on the compliance of which the customer regularly relies. In the latter case, however, we are only liable for the foreseeable, contract-typical damage. We are not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences. The above exclusions of liability do not apply to injury to life, limb or health. Liability under product liability law remains unaffected.
14. Applicable law, place of jurisdiction
The contract language is German.

The law of the Federal Republic of Germany to the exclusion of the UN Sales Convention (CISG) applies to contracts between Handhood and the customer. In business dealings with business people or legal entities under public law, the place of jurisdiction for all disputes arising from contractual relationships between Handhood and the customer is the headquarters of Handhood (Berlin).

Should a provision in these terms of use or a provision in the context of other agreements be or become ineffective, this shall not affect the validity of all other provisions or agreements. Should a regulation be ineffective, it will be replaced by one that comes closest to the purpose of these terms of use.

15. Objection to the commercial use of our contact data
The use of the contact data published in our imprint or comparable information such as postal addresses, telephone and e-mail addresses by third parties to send information that has not been expressly requested is not permitted unless we have expressly given our prior written consent or we have given it already a business relationship. We expressly reserve the right to take legal steps against senders of so-called SPAM mails who violate this prohibition. The service provider and all persons named on this website hereby object to any commercial use and disclosure of their data.
16. Complaints / Dispute Resolution
From February 15, 2016, the EU Commission will provide a platform for out-of-court settlement of disputes. This gives consumers the opportunity to initially resolve disputes in connection with their online order without the intervention of a court. The dispute settlement platform is under the external link http://ec.europa.eu/consumers/odr/ reachable.