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General terms and conditions of business
the HAPPY BRANDS GbR
for entrepreneurs

§ 1 General and scope

  1. The following general terms and conditions govern the relationship between Happy Brands GbR and customers who are entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB) and who purchase goods from Happy Brands GbR, e.g. via the website www.happy-brands.com. Any terms and conditions that conflict with or deviate from the general terms and conditions of Happy Brands GbR are
    The purchaser’s conditions will not be accepted.
  2. The version of the General Terms and Conditions of Happy Brands GbR valid at the time the contract is concluded is decisive and also applies to all future transactions with the customer.

§ 2 Conclusion of the contract

  1. The customer can find out about the products of HAPPY BRANDS GbR on the website www.happy-brands.com and send a non-binding inquiry to HAPPY BRANDS GbR by email, contact form, telephone or fax. The customer will then receive an offer from HAPPY BRANDS GbR in accordance with Section 145 of the German Civil Code (BGB) with the specific delivery conditions for the requested product and the applicable general terms and conditions.
  2. The customer can accept this offer by signing the two marked places on the offer form and faxing the signed form to HAPPY BRANDS GbR at the following number: 040 / 70 70 76 98-0
  3. The customer will then receive an order confirmation by email from HAPPY BRANDS GbR and an invoice for the ordered goods.
  4. In the case of obvious spelling and calculation errors that were expressly the subject of the contract negotiations (so-called obvious calculation errors), HAPPY BRANDS GbR is entitled to contest the offer if the error cannot be corrected in any other way, for example by interpreting the declarations of intent.

§ 3 Prices and payment conditions

  1. For orders, only the price information provided by HAPPY BRANDS GbR at the time of the order – i.e. the acceptance of the offer by sending the order letter from the purchaser to HAPPY BRANDS GbR by fax – is decisive.
  2. All prices are exclusive of VAT. VAT will be shown separately on the invoice at the statutory rate on the day of invoicing.
  3. The packaging and shipping costs for delivery to the address specified by the customer will be calculated and shown separately.
  4. Payment of the purchase price must be made exclusively to the following account:
    Account holder: HAPPY BRANDS
    Bank: Commerzbank AG
    Bank code: 2040000
    Account number: xxx
  5. With regard to the payment of the purchase price due, HAPPY BRANDS GbR basically offers the customer two options:
    (a) The purchaser shall pay 50 % of the agreed purchase price immediately upon receipt of the order confirmation and the invoice. The remaining 50 % of the purchase price shall be due upon receipt of the ordered goods.
    (b) Alternatively, the customer has the option of paying the entire purchase price immediately after receiving the order confirmation and the invoice from HAPPY BRANDS GbR. In this case, he is entitled to deduct 2 % discount from the invoice amount.
    (c) The validity of other payment methods requires the prior written agreement with HAPPY BRANDS GbR.
  6. In case of late payment, HAPPY BRANDS GbR is entitled to charge default interest at a rate of 8 percentage points above the base interest rate.

§ 4 Delivery dates

  1. Delivery dates or deadlines, which can be agreed upon either bindingly or non-bindingly, must generally be in writing.
  2. HAPPY BRANDS | HAMBURG HAPPY BRANDS GbR is not responsible for delays in delivery and performance due to force majeure and events that make delivery significantly more difficult or impossible - this includes in particular strikes and official orders - even if binding deadlines and dates have been agreed.
  3. The company HAPPY BRANDS GbR is entitled to make partial deliveries and partial services at any time.

§ 5 Transfer of risk in the case of sale by dispatch

  1. When the ordered goods are dispatched to the customer, the risk of accidental loss or accidental deterioration of the goods passes to the customer.
  2. This applies regardless of who bears the delivery costs.

§ 6 Set-off and retention rights

  1. The purchaser is only entitled to set-off if his
    Counterclaims are legally established or undisputed.
  2. The customer is only entitled to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.

§ 7 Retention of title

  1. Deliveries by HAPPY BRANDS GbR remain the property of HAPPY BRANDS GbR until the purchase price has been paid in full.
  2. The purchaser may not pledge the purchased item or transfer it to third parties as security.

§ 8 Rights of third parties

  1. By placing the order, the customer confirms that he has all necessary copyright, usage and trademark rights as well as other rights related to the ordered goods. HAPPY BRANDS GbR does not carry out any checks.
  2. In this context, the customer will indemnify HAPPY BRANDS GbR against any claims made by third parties upon first request.

§ 9 Warranty

  1. Defect-free custom-made products made specifically to the customer's specifications are generally excluded from exchange.
    HAPPY BRANDS | HAMBURG
  2. The purchaser must inspect the goods received immediately upon arrival for defects, quality and any guaranteed properties. Complaints can only be taken into account if they are reported to HAPPY BRANDS GbR immediately upon receipt of the ordered goods.
  3. Hidden defects must also be reported to HAPPY BRANDS GbR immediately after discovery.
  4. The warranty does not cover any damage caused to the purchaser as a result of improper storage or handling.
  5. In the event of justified complaints, HAPPY BRANDS GbR will, at its discretion, either repair or replace the goods.
  6. The purchaser’s warranty claims expire within one year after delivery of the ordered goods.

§ 10 Liability

  1. Claims for damages against HAPPY BRANDS GbR for compensation for financial losses are limited to cases of intentional or grossly negligent actions. However, HAPPY BRANDS GbR is liable for simple negligence if there is a breach of an obligation whose proper fulfillment is essential for achieving the purpose of the contract (cardinal obligation). In this case, liability for financial losses is limited in terms of its scope to the direct financial loss and in terms of its amount to the foreseeable damage.
  2. To the extent that the liability of HAPPY BRANDS GbR is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
  3. Liability arising from a guarantee or claims for compensation for personal injury remains unaffected by these provisions.
  4. The websites of HAPPY BRANDS GbR contain links to websites operated by third parties. HAPPY BRANDS GbR does not claim ownership of the third-party websites accessible via links and is not responsible for their content. They are subject to the liability of the respective providers.

§ 11 Data protection

  1. The customer is aware of and agrees that his personal data required for the order and the ordering process will be stored by HAPPY BRANDS GbR. The customer agrees to the collection, processing and HAPPY BRANDS | HAMBURG
    expressly consents to the use of his data. The data will not be passed on to third parties.
  2. This consent can be revoked by the customer at any time. This will result in the immediate deletion of their data. This only applies if the order process has not yet been completed.

§ 12 Copyright

  1. All articles, images and data published on the HAPPY BRANDS GbR website are protected by copyright.
  2. The same applies to all designs and concepts developed by HAPPY BRANDS GbR. Any use not permitted by copyright law requires the prior written consent of HAPPY BRANDS GbR.

§ 13 Applicable law, place of jurisdiction, partial invalidity

  1. The laws of the Federal Republic of Germany apply to these general business relationships and the entire legal relationship between the customer and HAPPY BRANDS GbR.
  2. The place of jurisdiction for both contracting parties is Hamburg. HAPPY BRANDS GbR is also entitled to sue the customer at his or her general place of jurisdiction.
  3. Should any provision in these General Terms and Conditions or any provision in any other agreement be or become invalid, the validity of all other provisions or agreements shall not be affected.
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