General Terms and Conditions
General Terms and Conditions
- 1 Scope and Subject of the Contract
1.1. The following General Terms and Conditions (GTC) in the respectively valid version at the time of contract conclusion conclusively regulate the business relationship between the operator of the homechic.eu retailer shop HMCK Sp. z o.o. with registered office in 30-384 Kraków, Szuwarowa 8/23, Poland (hereinafter referred to as the "Seller") and the respective buyer. All contractual agreements on the homechic.eu shop for goods offered by the Seller (hereinafter referred to as "Shop Items") are to be understood as the basis for which the Seller is obligated to provide deliveries and services to the Buyer. By placing an order, the Buyer expressly confirms that they have taken note of and accepted the following GTC of the Seller.
1.2. Buyers can be both consumers and entrepreneurs. A consumer is any natural person who concludes a legal transaction for purposes that predominantly cannot be attributed to their commercial or independent professional activity (§ 13 German Civil Code, hereinafter referred to as the “BGB"). An entrepreneur is a natural or legal person or a legal partnership that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction (§ 14 BGB).
1.3. The subject of the respective contract is the sale of Items by the Seller to the Buyer via the online trading platform homechic.eu.
- 2 Conclusion of Contract, Contract Language, Technical Steps to Conclusion of Contract, Recognition and Correction of Input Errors
2.1. The Buyer can select and order Shop Items offered by the Seller on the website homechic.eu. The Seller's offer of Shop Items merely constitutes an invitation to the Buyer to submit a purchase offer to the Seller. It is a prerequisite that the Buyer is registered with homechic.eu and has created a corresponding user account.
2.2. The Buyer can select Shop Items from the search results list on homechic.eu and collect them in their virtual shopping cart by clicking on the respective item and pressing the "Add to Cart" button. By clicking the "Shopping Cart" button, the Buyer can view the items they have already placed in the shopping cart and, on this overview page, has the option to change the quantity of items or remove them. Now, the Buyer can either add more items from homechic.eu's product offering or other Shop Items from the Seller to their shopping cart, or they can click the "Proceed to Checkout" button. If the Buyer is not logged into their homechic.eu account, they must first log in to proceed with the ordering process. On the order page "Your Order," the Buyer can set the following order options:
Shipping address: The preferred shipping address of the Buyer is displayed. The Buyer can click "Change" to select a different saved shipping address or enter a new shipping address. Saved shipping addresses can be edited or deleted using the corresponding buttons. Alternatively, a pick-up station can be searched and selected, or the items can be shipped to multiple addresses.
Payment method: A payment method of the Buyer is already preselected by the homechic.eu ordering system. Alternatively, the Buyer can select another already saved payment method, add new payment methods, enter voucher and promotional codes, or add an invoice account for payment on account. By clicking "Invoice Address," a billing address different from the delivery address can be set.
Review items and shipping: The Buyer can review the order details and select the shipping method. Changes to the item(s) to be ordered can only be made via the shopping cart.
- 3 Contract Processing and Delivery
3.1. After concluding the purchase contract and transmitting the order through homechic.eu, the Seller is obliged to immediately dispatch the goods to the Buyer, depending on the selected shipping method.
3.2. The Buyer pays the purchase price for the ordered shop Item(s) of the Seller using the payment system offered by homechic.eu and the payment methods accepted there.
3.3. The Buyer can find information on delivery times before completing the order (clicking "Buy Now") on the order overview page ("Your Order").
- 4 Liability
4.1. Without prejudice to other legal prerequisites for claims, the following liability exclusions and limitations apply to the Seller's liability for damages.
4.2. The Seller is liable without limitation if they are guilty of intent or gross negligence. For simple negligence, the Seller is only liable for the breach of a material contractual obligation, the fulfilment of which enables the proper execution of the contract in the first place and on whose compliance the Buyer can regularly rely (cardinal obligation).
4.3. If the Seller is liable for simple negligence according to the above paragraph, their liability is limited to the damage that was typically foreseeable based on the circumstances known at the time of contract conclusion.
4.4. These liability exclusions and limitations do not apply if the Seller has provided a guarantee for the quality of the goods or has fraudulently concealed the defect of the goods. Furthermore, the Seller is liable without limitation for damages to be compensated under the Product Liability Act and for damages to life, body, and health.
4.5. These liability exclusions and limitations also apply in favour of the Seller's employees and agents, as well as in favour of other third parties used by the Seller for contract fulfilment.
4.6. The statutory provisions that subject the Seller to liability without fault for certain actions or omissions are not affected by the above liability exclusions and limitations.
- 5 Warranty
Consumers have statutory warranty rights for the services offered according to the relevant provisions of the German Civil Code (BGB).
- 6 Default and Retention of Title
6.1. If the Buyer is not a consumer, they are in default if they have not made payment within 30 days after it falls due. Consumers are also in default within 30 days after the payment falls due if they have been notified of this consequence in the invoice or payment request. If the Buyer is in default of payment, the purchase price is to be paid during the default period at a rate of 5 percentage points above the base interest rate. The Seller reserves the right to prove and claim higher default damages against the Buyer.
6.2. The delivered goods remain the property of the Seller until full payment is made by the Buyer.
6.3. In commercial transactions, ownership of the purchased goods is transferred from the Seller to the Buyer only when the Buyer has settled all claims arising from the business relationship with the Seller (extended retention of title).
6.4. If the Seller's retention of title to goods purchased in commercial transactions is extinguished by resale, connection, or processing of the purchased goods by the Buyer, the new item or the claim arising from one of these actions (extended retention of title) takes the place of the purchased goods.
- 7 Right of Withdrawal
7.1. Withdrawal Period
You can revoke an order within the legal withdrawal period (14 days after receipt of the goods) without providing reasons in writing. After that, you can return the goods to us (HMCK Sp. z o.o. with registered office in 30-384 Kraków, Szuwarowa 8/23, Poland, Email: kontakt@homechic.eu). Please note that 14 days after receipt of the goods have expired. We recommend that you keep a receipt or similar proof for returning the goods.
7.2. Consequences of Withdrawal
If you revoke an order, we will refund all payments we have received from you, including delivery costs (except for additional costs resulting from choosing a different delivery method than the cheapest standard delivery we offer), immediately and at the latest within 14 days from the day we receive notification of your revocation of the contract with us. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this refund. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever comes first.
7.3. You must return the goods to us immediately, and in any event no later than within 14 days from the date on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of 14 days.
7.4. The direct costs of returning the goods shall be borne by you.
7.5. You shall only be liable for any loss in value of the goods if this loss in value is due to handling that is not necessary for checking the condition, properties, and functionality of the goods.
7.6. Exclusion of the Right of Withdrawal
The right of withdrawal does not apply to 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.
- 8 Data Protection
8.1. Data protection is very important to us. We process personal data in compliance with the applicable data protection regulations. For details, please refer to our Privacy Policy available on our website.
8.2. We collect, process, and use your personal data for the execution of your order and for our own marketing purposes. This includes advertising by post, email, and telephone.
8.3. You can object to the use of your data for advertising purposes at any time without incurring any costs other than the transmission costs according to the basic rates. A written notification to the contact details provided in the imprint (or any other specified contact details) is sufficient for this purpose.
- 9 Final Provisions
9.1. Should individual provisions of these GTC be or become invalid or unenforceable, the remaining provisions shall remain unaffected. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision that comes closest to the economic purpose pursued by the invalid or unenforceable provision.
9.2. The law of the Federal Republic of Germany applies to the exclusion of the UN Sales Convention.
9.3. If the buyer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the Seller's registered office.
- 10 Information on the EU Commission's Online Dispute Resolution Portal, Alternative Dispute Resolution
10.1. The EU Commission provides an online dispute resolution platform ("ODR platform"), which can be reached via the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN. If the buyer is a consumer residing in the European Union, there is the option to use this platform for the out-of-court settlement of disputes concerning contractual obligations from online purchase agreements.
10.2. We are not obligated to participate in a dispute settlement procedure before a consumer arbitration board and are not willing to do so.