General terms and conditions of business
The following terms and conditions are written in German and can be loaded into the customer’s memory and printed out.
§ 1 Applicability
The following general terms and conditions apply exclusively to contracts with private customers that are concluded with the customer's contractual partner, Dark Honor, Hiddeser Str. 135, 32760 Detmold, represented by its managing director Nick Erfkamp, (hereinafter referred to as the online shop) via the German online shop (https:// darkhonor . shop ).
§ 2 Product selection
The customer has the option of selecting and ordering products on the website www.darkhonor.shop using standard Internet-enabled communication media . The customer receives a separate description for each product on the respective website. The customer can click on the products he or she wants on the website to find out about the properties of the goods. The customer has the option of collecting the products he or she has selected in a virtual shopping cart.
§ 3 Conclusion of Contract
The online shop's internet catalogue is merely a sales brochure; by displaying the products on the website, the online shop invites the customer to submit offers (orders). Once the customer has completed his product selection, the customer receives a list of the products at the end of his purchase at the total final price including VAT. Before submitting the order, the online shop allows the customer to check the order for accuracy of content, in particular price and quantity, and to correct it if necessary. The customer submits his offer by clicking on the "Buy now" button. The online shop immediately confirms receipt of the order by email. The online shop reserves the right to refuse to conclude the contract; the decision on this is at the online shop's sole discretion. In such a case, the online shop will inform the customer immediately. In addition, the customer must have a delivery address within the Federal Republic of Germany. The customer is bound to his offer for a maximum of 5 days after receipt of the order. The online shop accepts the customer's offer by sending the shipping confirmation by email.
The customer has the option of retrieving the contractual provisions when concluding the contract and saving them in a reproducible form. The contract text is saved by the online shop . The customer can access it by making a request at www.darkhonor.shop .
The online shop does not sell any goods to minors, even those specifically intended for minors. The online shop only sells to adults.
§ 4 Prices
The prices are stated in EURO including the legally applicable VAT. The VAT rate and percentage are shown on the invoice.
§ 5 Delivery
The online shop delivers to the order address specified by the customer. Delivery can only be made within the Federal Republic of Germany. Delivery to PO boxes is not possible. Delivery is carried out by the parcel service DHL. No liability is accepted for deliveries with delivery to a desired location or neighbor. If the customer discovers that the goods have been damaged during transport, the online shop asks that this be reported immediately if possible. The online shop points out that this notification is not a prerequisite for exercising the statutory right of cancellation or asserting claims for defects.
§ 6 Terms of Payment
The customer can pay the purchase price by direct transfer, SEPA direct debit or Paypal.
The deadline for advance notification of SEPA direct debits is reduced to one day. No payment fees are charged for the payment methods mentioned.
If a voucher is redeemed when placing an order, only one voucher will be accepted per order. Multiple vouchers or different vouchers cannot be redeemed for one order. Cash payment of e-shop vouchers is also not possible. The online shop checks and evaluates the customer's information, including using data from credit agencies, and can reject individual payment methods if there is a legitimate reason.
§ 7 Delay in acceptance or payment
If the customer does not accept the goods at the agreed delivery location or does not collect them from the DHL Parcel Shop within a reasonable time, the online shop is entitled to withdraw from the contract after setting and unsuccessfully expiring a grace period of 14 days. In this case, the online shop is entitled to claim 12 percent of the gross price as flat-rate compensation instead of performance, unless the customer proves that only significantly less damage or no damage at all has been caused. The online shop reserves the right to claim higher damages.
§ 8 Retention of Title
The delivered goods remain the property of the online shop until full payment has been made.
§ 9 Liability for defects and dispute settlement
The online shop is liable for defects in the goods in accordance with the statutory provisions, in particular Sections 434 ff of the German Civil Code (BGB) and the mandatory rules for the sale of consumer goods. The customer is only entitled to a guarantee if the online shop has provided this separately. The customer should use the original packaging and the return slip contained therein for the return as far as possible. The online shop expressly points out that the assertion of claims for defects and/or claims for damages and the exercise of the right of withdrawal are not dependent on this. The EU Commission has provided an internet platform for the online settlement of disputes (so-called "OS platform"). The OS platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. The OS platform can be reached at the following link: https://www.ec.europa.eu/consumers/odr .
Home Haven is not willing or obliged to participate in a dispute resolution procedure before a consumer arbitration board.
§ 10 Copyright and trademarks
The website is owned and operated by the online shop. The entire content of the website, including texts, graphics, photos, images, moving images, sounds, illustrations and software (hereinafter: "CONTENT"), is the property of the online shop, its licensees and/or content providers. All elements of the website, including the general design and content, are protected by copyright and other rights. Unless otherwise stated on the website, duplication, editing, translation, storage, processing of the content, in particular the use of image and text material on platforms such as eBay, is not permitted. All trademarks, service marks and brand names used herein are - unless otherwise stated - trademarks or registered trademarks of the online shop. The customer is not authorized to copy, reproduce, republish, upload, send, transmit, distribute or modify trademarks without the prior written permission of the online shop.
§ 11 Final Provisions
The law of the Federal Republic of Germany applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
The contract language is German.
Should any provision of these terms and conditions be or become invalid, the remaining provisions shall remain valid. The online shop and the customer shall replace the invalid provision with one that economically comes closest to the will of the contracting parties.
Version number of the General Terms and Conditions: 2019.003, as of: 01.04.2021