hajoona GmbH General Terms and Conditions
§ 1 Scope
(1) All of our deliveries, services and offers shall be governed exclusively by these General Terms and Conditions (hereinafter referred to as “GTC”). They shall be integral compoinents of all contracts hajoona GmbH (hereinafter referred to as hojoona) enters into with its customers (hereinafter also referred to as “Buyer” or “Client”) in respect to the products offered by hojoona.
(2) General terms and conditions of the Client that are in conflict with the following Terms and Conditions shall not apply. The following GTC shall also apply exclusively if hojoona, being aware of the conflicting or deviating terms and conditions of the Client, performs the delivery and service without raising objections.
(3) Clients may review these GTC on on hojoona’s website http://www.hajoona.com. Clients may also print these GTC out in hard copy or archive them on computers by clicking on the register tab “File” and by subsequently clicking register tab “Save in” or “Print.” To open the PDF file you currently need the Adobe Reader software, which is – as a rule – available for download free of charge.
(4) Client’s order information will be archived by hojoona; however, for security reasons, the data is not directly accessible to the Client. In the future, hojoona will offers its customers password-protected access to the site. In the future, after they have registered, this will also allow Clients to review processed and pending orders as well as the archived address information.
§ 2 Contracting Parties
The Contracting Parties are the Client and hojoona. The sole language available for the execution of the Agreement is German.
§ 3 Consumer Revocation Rights
You do have the right to revoke this Agreement within fourteen days without having to cite any grounds.
The revocation period shall total fourteen days as of the date on which you or a third party designated by you, who is not the transportation company, have/has taken possession of the goods. If the Agreement comprises multiple goods, which you have ordered as part of one uniform purchase order and provided these goods are shipped separately, the revocation period, in the deviation from the previous sentence, shall begin on the date on which you or any third party designated by you who is not the transportation company, have/has taken possession of the goods. In the event that the Agreement should cover the delivery of goods at regular intervals for a defined period of time, the revocation period, in deviation from the aforementioned, shall begin on the day you or a third party designated by you, who is not the transportation company, have/has taken possession of the first shipment of goods.
To exercise your revocation rights, you are required to inform us (hajoona GmbH, Heinrich-Fuchs-Straße 94-96, 69126 Heidelberg, FAX: +49 (0) 6221 72566-79,
a telefax or an e-mail). You do have the option to use the sample revocation form we have enclosed at the end of this document; however, you are under no obligation to use it. Sending the notification that you are exercising your right to revoke prior to the expiration of the revocation period shall suffice to remain in compliance with the revocation deadline.
Consequences of Revocation
In the event that you should revoke this Agreement, we shall be required to immediately refund to you all payments we have received from you, including any shipping costs (with the exception of the added costs that arise from the fact that you have chosen a different delivery method than the standard shipping option we offers as the lowest cost choice). Such refunds shall be credited to you at the latest within fourteen days as of the date on which we have received your revocation of the Agreement. To process the refund, we shall use the same payment method you have used during the original transaction unless we have explicitly made different arrangements with you. You shall not be charged any fees for this refund under any circumstances.We do have the option to refuse to grant a refund if we have not received the returned goods or until you have submitted proof that you have returned the goods, depending on which of these two scenarios occurs earlier.
You shall undertake to promptly return or hand over to us the goods and shall do so no later than fourteen days as of the date on which you notified us of your decision to revoke the Agreement. The deadline shall be considered met if you send the goods back prior to the expiration of the fourteen-day-deadline.
You shall pay the direct costs resulting from the return of the goods.
You shall be liable for any value decline of the goods only if the decline in value has to be attributed to any handling of the goods not necessary to inspect the condition, properties and functions of the goods.
§ 4 Execution of the Agreement
(1)The presentation of our goods shall not establish a binding offer made by us. A binding offer shall not have been made until you issue a purchase order for any goods pursuant to § 145 BGB (German Civil Code).
(2) The placement of your purchase order via our website, via e-mail, order form, team partner application or telefax shall constitute a legally binding offer to enter into a purchase agreement. We shall promptly confirm the receipt of your order. The confirmation of your order as well as any acceptance of an order you phone in shall not yet constitute a legally binding acceptance by us. We shall accept your offer by shipping the goods to you, by confirming your order by way of an acceptance declaration or by sending a payment request to you or by accepting your payment. Please keep in mind that the Agreement related to your purchase order shall not be archived by us and that you will no longer be able to access it once the Agreement has been executed.
(3)You shall place your orders for goods in our online store or the online store of our team partners by completing the following process:
Your order will be placed using the so-called double opt-in process. Once you have completed the order form, the order is first confirmed on our website. The Buyer also has to click a respective field to confirm that he or she has taken note of these GTC. During the order process, you can check the entries you have made by clicking on the order button and you can also still make changes at the time.
By clicking on the “Buy Now” button, you are placing a binding order for the goods in your shopping cart. You will receive a confirmation of receipt immediately after you have submitted your order. The confirmation of receipt does not constitute an acceptance of your order. It is provided merely to inform you that we have in fact received your order.
(4) If we should be unable to accept your order because an ordered item is no longer available, we shall promptly notify the Client. Of course any payments the Client has already made shall be refunded as soon as possible in this case. If, in exceptional cases, a product the Client has ordered should no longer be available after we have already confirmed the order and provided we are not responsible for its non-availability, e.g. in cases of destruction due to force majeure or by third parties or as a result of theft, we reserve the right to rescind from any and all agreements regarding this specific product. In this case, we shall promptly notify the Client of the non-availability and shall immediately refund any payments already made by the Client.
(5) The Client warrants that he or she is of adult age. The Client warrants that all information provided during the registration process and in the order form is true, correct and complete. The Client shall undertake to notify us of any changes to his or her data immediately via e-mail, citing his or her customer number and, if this option has already been technically implemented, the Client shall promptly update the data on our website.
§ 5 Prices and Payment
(1) Orders, including those placed in our online store, shall be subject to the prices listed at the time of the order placement in the quotation. For deliveries to addresses outside of Germany, additional costs may be incurred upon importation into a non-EU country (customs duties, import taxes). The Client shall pay these added costs.
(2) All prices are quoted including applicable value added tax.
§ 6 Payment
We offer our Clients a wide range of payment options. Please choose the method that is most convenient for you:
The following payment options are available for Germany and Austria:
Advance cash payment:
In the confirmation e-mail you will receive once you place the order, you will find the total amount due for your order along with our account information
We shall ship the goods as soon as the full amount has been credited to our account. The shipment shall not leave our premises until the payment has been received in full. Upon receipt of your payment, you shall also receive an invoice for your records.
Payment via Direct SEPA Debit to Client’s Account
Clients who choose the Direct SEPA Account Debit option authorize hajoona GmbH to withdraw the invoice amount plus shipping charges directly from the bank account provided. If the payment request is returned to us due to insufficjent funds, the respective fees incurred shall be billed to the Client.
SEPA Direct Account Debit payments shall be generally accepted if at least 3 prior orders have been processed via cash advance, credit card or PayPal.
Credit Card Payment
For credit card payments, hojoona accepts only VISA or Mastercard payments. To process your payment, please enter your card number when you place your order, as well as the expiration date, cardholder name and the card verification code. The card verification code is located on the back of the card next to the signature field. It is a three-digit number. Upon shipment, the billing amount is charged to your card.
Payment via PayPal
When you register with PayPal, you have to provide your banking information once. Henceforth, all you need to make payments will be your e-mail address and your password. Every time you use PayPal to pay for an order, you are given the option to pay with your PayPal balance, your bank account or your credit card. What makes PayPal particularly secure is that you do not have to provide any banking information when you shop.
If you place orders in other European countries, you have the following payment options:
- Advance cash payment
- Credit card payment
§ 7 Special Terms for Subscription Clients
(1) hajoona GmbH offers customers who sign up for product delivery subscriptions special terms that are subject to special regulations, which can be found on the respective order forms.
(2) Clients who want to take advantage of these special terms shall be required to make the commitment to procure the respective products for the stipulated minimum time period.
The applicable order period shall be calculated as of the date the first order is received by hojoona. Along with the initial order, the Client shall make a binding decision to take advantage of the special terms. The special terms shall not be granted automatically if the Client meets the requirements.
(3) The respective minimum order value for the special terms shall be determined by the respective selected subscription and shall be subject to the addition of the lump sum shipping fee. Compliance with the minimum monthly order value shall be mandatory. Hence, it does not suffice to mathematically reach the overall volume over the term of the Agreement, if some of the individual orders fall short of the minimum order value.
(4) The subscription shall be in effect for an indefinite period of time. The Client shall have the option to cancel the subscription at any time up to seven days prior to the delivery date set by the Client; however cancellations shall only be possible once the agreed upon minimum time period has been reached. The aforementioned shall be without prejudice to either Partys right to terminate extraordinarily for important grounds.
(5) If the Client should be in default of payment, for instance because an automatic charge to his or her bank account was returned, hojoona may terminate the Agreement after setting a reasonable remedial period, if the Client should fail to meet his or her payment obligaitons by the stipulated deadline. This shall be without prejudice to any payments that are due.
(6) If the product prices should change, the new prices for current Agreements shall become effective within two months after the amendment of the price list. This shall, however, not apply to current subscriptions while the minimum term is in effect. In the event of a price change, the Client shall have the option to terminate the Agreement in writing within one month after the announcement of the price change. If the Client should not issue a termination notice, the Agreement shall continue with the new prices. hojoona shall notify the Client of the price changes, the option to terminate and the legal consequences of failing to terminate. The notification shall be sent to the e-mail address the Client provided when registering.
(7) The Client shall also have the option to make changes to Client’s master data, orders, etc. on our online store . Until then, his or her competent team partner shall be the contact who is able to make such changes. However, please bear in mind that due to delivery times, changes in the composition of the product portfolio, etc. changes can be taken into account only if the change to the product selection is made at the latest seven days prior to the upcoming delivery date. Such changes cannot be accommodated for current subscriptions.
(8) For changes to the product selection not made through our online store, but through our customer care department, hojoona shall principally charge a processing fee of EUR 5.00. This fee shall not be charged if the Client
proves to hojoona that no damages at all or lesser damages were incurred. This shall not apply in the event of a one-time change to the selection of your products within a time frame of six months as of the date of your first order. Such changes shall be complimentary for the Cient. The customer care department can be reached via
Telefon: +49 6221 64702-77
Fax: +49 6221 64702-89
§ 8 Delivery Date and Time
(1) hajoona shall strive to promptly process all orders. Unless a different delivery date has been agreed upon between the Parties, deliveries within Europe shall be made within two weeks after receipt of the payment. On the respective product page, we shall notify our Clients of any deviations from this delivery time.
(2) If we should fail to meet an agreed upon delivery date, the Client shall grant us a reasonable remedial period of no less than two weeks under any circumstances.
(3) If the Client is a consumer, the risk of accidental loss or decline of the sold goods shall transfer to the consumer upon handover of the goods to the consumer or to any recipient designated by the former if this is a mail order shipment. In all other cases the risk of accidental loss or decline of the goods for mail order shipments shall transfer to the Client upon handover of the goods to the freight forwarder or to any other entity commissioned to handle the transportation.
§ 9 Warranties
(1) In the event of deficiencies inherent in the delivered products the statutory warranty period shall apply to consumer sales.
(2) Warranty entitlements vis-à-vis entrepreneurs shall be limited to a time frame of one year as of the date of delivery. Arrangements with entrepreneurs shall be governed by § 377 HGB (German Commercial Code).
(3) However, damage compensation claims of the Client shall be governed by the special terms set forth in § 11.
§ 10 Liability for Damage Compensation
(1) Grounds for damage compensation – regardless of the legal grounds – targeting us, including our representatives and agents, which are subject to acts of minor neglect, shall exist only if a cardinal conratual duty has been breached. In such cases, damage compensation amounts shall be limited to the typical foreseeable damages.
(2) The above provision shall be without prejudice to any claims filed on the grounds of loss of life, personal injury or health damages as well as material damages based on the Product Liability Act because of intentional acts or gross neglect as well as guaranteed quality parameters.
§ 11 Testimonials
(1) It pleases us to learn that our Clients are enthusiastic about our products. Hence, we shall publish respective feedback from time to time in its entirety or in the form of excerpts on our website as well as other advertising media, if applicable.
(3) hajoona distances itself from any team partner statements that refer to the healing potential or promises made by its team partner shall not assume liability for any of such statements under any circumstances. The only valid statements shall be those made in official media and publications produced by hojoona.
§ 12 Title Retention
(1) We reserve all title rights to delivered products until the purchase price has been paid in full. While the title retention period is in effect, the Client shall not be permitted to sell or dispose of the ownership in same (hereinafter referred to as “title retention goods”) in any way.
(2) In the event of third party attachments – in particular by the court enforcement officer – to title retention goods, the Client shall advise the attacher of the existing third party title and shall notify us immediately so that we have the opportunity to enforce our title rights.
(3) In the event of Client’s contact breaching conduct, in particular in the event of default of payment, we shall have the right to demand the return of the title retention goods if we have rescinded from the Agreement.
§ 13 Changes to the GTC
Changes to these GTC shall be communicated to the Client. They shall be deemed approved if the Client does not object to them in writing within one month after their announcement. In the event that objections are raised, each Party shall be entitled to extraordinary termination rights. We shall notify the Client of his/her right to object and the importance of the objection period in the notification. The notification shall be sent to the e-mail address the Client provided during the registration.
§ 14 Data Privacy
(1) Data Generation Principles
In conjunciotn with hojoona’s provision of the services under this Agreement, it shall collect, store, process and use personal data of registered users to process orders and to optimize our offers. hajoona does not collect any personal data that are not provided voluntarily by the Client or that have been provided automatically during your visit. The automatically collected data shall comprise information in the log files of webserves that are communicate by the browser. They include:
- Browser type/version
- Utilized operating system
- Referrer URL (previously visited website)
- Host name of the accessing computer (IP address)
- Time the server request was received
This data is provided in the form of anonymous information. This data is not merged with other data sources and the data is also deleted once it has been statistically analyzed. If pertinent legislation requires the Client’s consent in terms of the collection, storage, processing and use of such data, hojoona shall obtain the required consent.
(2) Data generation: When Clients register in order to start a contractual relationship with hojoona, the Client discloses data to us that will be archived in our system. Such data comprises:
- First and last name
- Delivery and billing address
- Date of birth
- E-mail address
- Phone numbers
- Banking information
- Credit card information
- Tax number / value added tax identification number
An objection pertaining to the collection, use or processing of mandatory data will result in hojoona being unable to render the offered services, which shall be construed as a termination notice. The deletion of data that is required for fulfilling the Agreement shall be implemented only once the Agreement has been fulfilled in its entirety and the statutory retention obligations are no longer in conflict with this action.
(4) Data sharing: hajoona shall share the collected data only if third parties – in particular suppliers – process data on our behalf or if we are required to do so as a matter of law or if the respective Client has given his or her consent to data sharing. If you do not choose the advance cash payment method, we may share your name and address with the SCHUFA Holding AG or an equivalent partner to conduct a justified credit check.
(5) According to the German Federal Data Privacy Act, you have the right to receive complimentary information on the data stored about you and, if applicable, the right to have this data corrected, blocked or deleted. If you have questions about the collection, processing or use of your personal data, about credit information, corrections, blockages or the deletion of data, please contact:
§ 15 Offsetting
(1) The Client shall have the right to offset any of Client’s accounts receivable due from hojoona only if Client’s counter demands have been found legally final by a court of law or if they are undisputed.
(2) The Client shall have the right to exercise any withholding rights only to the extent that Client’s counter demands are based on the same contractual relationship.
§ 16 Final Provisions
(1) Inf any of the provisions of these GTC should be or become ineffective, this shall not affect the effectiveness of the remaining provisions.
(2) If the Client should be a professional merchant, a legal entity under public law or a special entity under public law or if the Client should not have a domestic place of jurisdiction, the place of jurisdiction for any and all litigation arising from or in connection with this contractual relationship between hojoona and the Client shall be Heidelberg, Germany.
(3) The contractual relationship shall be governed by German law subject to the exclusion of international private law and the UN Convention on the International Sale of Goods (CISG) that has been adopted by German law.
This is a translation of the German version of the GTC. The wording of the German GTC is the legally binding version.