General Terms and Conditions
§ 1 Purview
(1) All deliveries, services and offers of our (online) shop are subject to these General Terms and Conditions (hereafter: GTC). These are part of all contracts which hajoona GmbH (hereafter: "hajoona") concludes with its customers (hereafter "Buyer") related to the offered products.
(2) Any conflicting or deviant general terms and conditions of the customer find no application. The following GTC also apply solely if hajoona renders performance with full knowledge of conflicting or different terms and conditions of Buyer.
(3) You can find our current GTC on our website http://www.hajoona.com . Furthermore, you can print out or save this document by using your web browser. Click onto the tab "File" and afterwards onto the field "Save as..." or "Print". To open the PDF file you must have the free Adobe Reader program.
(4) We will store your order data. However for security reasons these are not directly accessible for Buyers. In the future, hajoona offers a password-protected access for its customers. Here, buyers can view data of their outstanding and recently dispatched orders as well as address information after registering.
§ 2 Contractual Partner
Your contractual partner is hajoona GmbH. Contracts are only available in the German language.
§ 3 Right of Withdrawal
You may declare the revocation of your contractual statement in text form (e.g. letter, fax, email) without giving reasons within a period of 14 days or by returning the merchandise if you have received them prior to the expiry of the time limit.
The withdrawal period commences with the receipt of this instruction in text format or with the receipt of the goods by the recipient (for repeat deliveries of similar goods: with the receipt of the first partial delivery), whichever is the later, and only after we have met our duty of information according to article 246, paragraph 2, in conjunction with paragraph 1, subparagraphs 1 and 2 EGBGB as well as our obligations under article 312e, subparagraph 1, clause 1 BGB in conjunction with article 246 § 3 EGBGB.
For keeping the withdrawal period, the timely dispatch of the cancellation or the product is sufficient. The cancellation is to be sent to:
Effects of Withdrawal
In the event of a valid cancellation, the payments or goods received by both parties are to be restored and, if necessary, any profit drawn (e.g. interest) surrendered. If you cannot return the service received in whole or in part or only in a worse state, you shall be obliged to compensate us for any depreciation in value, if applicable. This does not apply if the depreciation of the good is attributed to its inspection – as it would have been possible in a retail shop. As for the rest, the obligation of compensation for deterioration caused by putting the subject matter to its intended use can be avoided by not treating the subject matter as if it were your own property and by omitting anything detrimental to the value. Objects which can be dispatched as packages are to be returned at our risk. You must bear the shipping costs when the delivered goods correspond to those that have been ordered and when the price of the returned goods does not exceed EUR 40, or when in the case of a higher price you have not yet, at the time of the withdrawal, provided the compensation or have not paid a contractually conditioned partial payment. Otherwise returning the goods will be free of charge for you. Goods not suitable for delivery by parcel will be picked up. Obligations to reimburse payments must be discharged within 30 days. The withdrawal period shall commence for you upon sending your cancellation notice or returning the goods, and for us upon receipt thereof.
End of Cancellation Policy
The right of withdrawal does not apply for goods, which are not suitable for a return due to their condition or may spoil quickly or their expiration date would be exceeded such as food already opened including nutritional supplement and coffee. In addition, the right of withdrawal does not apply to contracts for the supply of goods manufactured either according to customer specifications or those clearly customised to personal needs.
§ 4 Cost of returning the goods in case of cancellation
We expressly point out to our customers, that they must pay the regular costs of return consignments under the legal right of withdrawal, if the delivered goods correspond to those ordered, if the price of the returned item does not exceed EUR 40 or, if the item price is higher, the Buyer has not made payment or a contractually agreed part payment at the time of withdrawal. Otherwise returning the goods will be free of charge for you.
§ 5 Contract Closing
(1) The presentation of our merchandise does not constitute a binding offer. A binding offer pursuant to § 145 BGB first comes into effect upon your ordering the goods.
(2) The customer presents a binding obligation to conclude a purchasing contract by giving an order for the wished products by means of our Website, E-Mail, Order Form, Team Partner Request or Fax. We will confirm the receipt of the order without delay. An order confirmation as well as the acceptance of an order placement via telephone does not represent a binding acceptance of the order by us. By sending the goods to you, or confirming your order with an acceptance declaration or sending you a payment request or receiving your payment, we accept your offer. Please note, that the contract regarding your order will not be stored. Data cannot be recalled after conclusion of contract.
(3) How to order goods in our online shop or in one of our team partners:
The order takes place by the so-called double opt-in process. After completing the order form, the order will be confirmed on our website first. In addition, the Buyer must confirm to have taken notice of these GTC by clicking an appropriate field. After clicking the order button, you can check the entries made during the order process and make changes if necessary. When pressing the button 'Send order' you place a binding order of the items in the shopping cart. The confirmation of the entrance of the order follows immediately after placing the order. This confirmation of receipt does not represent our acceptance of your order, it simply informs you that we have received your order.
(4) Should we not be able to deliver a product that has been ordered, in the exceptional case that the article is out of stock, you will be informed immediately. We will reimburse the Buyer any payments as soon as possible in this case. In the case that a product has already been accepted in an order, and the delivery cannot be carried out for reasons out of our control, for instance damage due to an Act of God, damage through a third party or due to theft, we reserve the right to rescind upon any agreements in regard to the mentioned product. IN this case, we will inform the Buyer immediately about the unavailability of the goods and reimburse the Buyer any payments.
(5) The Buyer assures to be of legal ages. The Buyer assures, that all information provided during the registration process and in the order form are correct and complete. The Buyer agrees to notify us of any changes to his/her data immediately by e-mail stating the customer number or adapt the corresponding data immediately itself on our website.
§ 6 Prices and Shipping Costs
(1) For orders – also in our internet shop – the prices indicated at the time of the order apply. In the case of deliveries outside of Germany, importation into a third-party country may incur additional costs (customs duties, possible customs charges and importation tax). These additional costs shall be paid by the customer.
(2) The prices indicated are final prices, which means they include the statutory VAT valid.
(3) For an order placed in our online shop, hajoona charges EUR 6.90 for deliveries within German and EUR 8.90 for deliveries to Austria (packages < 4,5 kg.). Shipping costs for deliveries to other countries can be requested under firstname.lastname@example.org.
§ 7 Payment
We offer you different payment options. Choose the most convenient for you:
The following payment options are available for Germany and Austria:
You will see the amount as well as our bank account in the email, we will send you as order confirmation. After we received your payment, the goods will be dispatched. Goods will not be delivered until hajoona has received full payment. After receipt of payment we will send you an invoice for your retention.
Direct Debit Payment
The Buyer authorises hajoona to debit the invoice amount plus freight charges from the specified bank account. In case of a returned debit, all accruing fees will be charged to the Buyer. Direct Debit Payment will be accepted, if at least three previous orders were paid in advance, with credit card or via PayPal.
SEPA Direct Debit
Hajoona agrees a different deadline for sending the prior information regarding SEPA direct debit with their customers. The period shall be at least 5 days at initial direct debits and at least 2 days in subsequent debits. Further, hajoona agrees with their customers that mandate issue for SEPA direct debits can be done in written form without signature using transmission by telecommunication.
Payment by Credit Card
If payment is made by credit card (VISA or MasterCard), please enter the card number, the expiration date of the card, the cardholder and the card verification number into the order. You can find the card verification number on the back of your card in the signature field. Please enter the last three digits. The invoice amount will be charged by us with shipment.
Payment by PayPal
With your registration at PayPal you deposit your bank account once. From then on you only need your e-mail address and your password for further payments. With every purchase, you can choose whether you want to pay with your bank account or your credit card. PayPal is very safety because you do not need to enter your bank data with purchases.
For orders from other European countries, you have the following payment options:
• Advanced Payment
• Payment by Credit Card
§ 8 Special Conditions for Subscribers
(1) Hajoona offers special conditions for customers who want to purchase products on a regularly basis. These special conditions are regulated separately and marked on the appropriate order form.
(2) A prerequisite for obtaining the special conditions is that the customer agrees to conclude at least one 3 or 12 months subscription. The relevant order period shall be counted from the date of receipt of the first order. The minimum order value of the respective orders amounts to EUR 45.00. With his/her first order, the customer must decide binding for the use of the special conditions. There is no automatic granting of special conditions for fulfilment of the requirements.
(3) The respective minimum order value within the scope of the special conditions is EUR 45. Whereby at least 12 orders of EUR 45 each must be complied within 12 months, plus delivery charges, for the use of the special conditions for half a year.
(4) The subscription is for an indefinite period. The subscription can be cancelled at any time up to seven days before the delivery date specified by the customer, but not before the first 3 or 12 months, depending on the contract conclusion. The right to extraordinary termination remains unaffected for both sides.
(5) If the customer is in default of payment, such as a debit was billed back, hajoona has the right to terminate the contract after setting a reasonable period of time and if the customer's payment obligation is not complied within this time. Overdue payments shall remain unaffected.
(6) When product prices change, new prices become effective for current contracts two months after revision of the price list. In case of price changes, the customer is entitled to terminate the existing contract in written form within one month after announcement of the price change. If we don't receive a cancellation from the customer within this period, the contract will be continued on the basis of the new prices. Hajoona will notify the customer of the price change, existing cancellation possibility and the legal consequences of failure to give notice. This information may also be made via a corresponding publication in the respective subscribed media (such as e-mail).
(7) In the future, the customer has the additional option to make modifications on his/her master data, orders, etc. over our online shop www.hajoona.com . Until then, his/her responsible team partner is his/her contact person. Team partners are also able to make modifications. However, please note that due to delivery deadlines, changes related to the composition of the products can be only taken into account if the change of the composition of the products will be made no later than seven days before the next delivery date. These changes cannot be granted for fixed subscriptions.
(8) We will generally charge a processing fee of EUR 5.00 for changes of the product's composition, if this modification is made through our Customer Care Service and not via our online shop. The fee will not be charged, if we the customer proves that no or only minor damage occurs to hajoona. This does not apply to a single change in the composition of your products within a period of six months from the date of your first order. This modification is free of charge for you.
You can reach our Customer Care Service as follows:
(9) As for the rest our General GTC in the valid version apply.
§ 9 Delivery and Delivery Times
(1) Hajoona endeavours to process the orders in a timely manner. If no other delivery date has been agreed, the delivery within Europe takes place within 2 weeks after your order or receipt of payment. We will point out any different delivery times on the product page.
(2) If we do not meet an agreed delivery date, the customer will give us an appropriate extended deadline of a minimum of two weeks.
(3) For consumers making mail order purchases, the risk of accidental demise or deterioration of the purchased goods shall transfer to the consumer or a recipient specified by the consumer on delivery of goods. If the buyer is an entrepreneur, the risk of accidental loss and the accidental deterioration of the goods shall pass to the buyer upon the surrender, in case of the purchase to destination, upon the delivery of the goods to the forwarding agent, the carrier, or any other person or institution charged with the execution of the shipment.
§ 10 Warranty
(1) In the case of the delivered good being faulty or damaged to consumers the statutory warranty period applies. Warranty claims against traders are limited to a period of one year from dispatch.
(2) Contractors must notify us in writing of obvious defects immediately, but at the latest within a period of 16 days from receipt of the goods. In addition, § 377 HGB (German Commercial Code) applies for businessmen.
(3) However, the specific provisions of §1 are valid for compensation claims of the Buyer!
§ 11 Liability for damages
(1) Hajoona - including any person engaged in performing any obligation under this contract - shall be liable for damages under any claim based on normal negligence only if hajoona breaches a basic obligation, whose breach puts the contract goal at risk (cardinal obligation), under this contract. In this case claims for damages shall be limited to the amount of typical foreseeable damages.
(2) Damage claims due to death, personal injury or impaired health as well as damage claims under the Product Liability Act with regard to wilful conduct or gross negligence, guaranteed features shall remain unaffected from these limitations of liability.
(3) The Buyer is obliged to compensate the damage which originates to us from a false booking because of wrong date regarding his/her bank account and/or lacking cover of the account. The right to assert further damages is expressly reserved.
§ 12 Testimonials
(1) We are glad if you are persuaded of our products. We publish appropriate feedbacks, hence, every now and then completely or in extracts on our website as well as on other advertising media if necessary.
(2) Should you not agree with a publication of your statements or no longer, you can inform us by an email to email@example.com at any time.
(3) Hajoona dissociate itself from all eventually made statements or promises of salvation and those of our team partners concerning our products and no case is liable for any comments. The statements made by hajoona in official produced media and publications apply.
§ 13 Retention of Title
(1) We reserve the property on all delivered goods until complete payment of the purchase price. While ownership is still with us, the customer must not dispose of or sell these goods (hereafter: retained goods).
(2) In the event of third-party access - particularly bailiffs - to the retained goods, the purchaser shall inform the third-party of the seller's ownership of the goods and notify the latter without delay so he may assert his ownership rights.
(3) In case of conduct in contravention of the contract of the buyer, especially default in payment, we have the right to withdraw from the contract and to reclaim the retained goods.
§ 14 Changes of GTC
Changes to these GTC will be notified to the customer. They shall be deemed approved if the customer does not object to the changes in written form within one month after notification. We will inform the customer about his/her right to raise objections and the significance of the objection period in its notifications. The notification will be send to the E-mail address recorded during the registration process.
§ 15 Data Protection
(1) Principles of Data Collection
As part of the service provision, hajoona captures, stores, processes and uses personal user data of registered users to process orders and to optimize our offer. Hajoona does not collect any personal data if the customer has not voluntarily provided us with this information or provided them automatically by visiting us. The automatically collected data are information in the log files of the web servers which are transmitted by the browser. These are:
- browser type and version
- used operating system
- referrer URL (previously visited website)
- host name of accessing computer (IP address)
- time of server inquiry
These data are anonymised. A combination of this data with other sources of data is not carried out, the data is furthermore cancelled after a statistical analysis. Where your consent is required by legal regulations for storing and processing data, hajoona will ask for this at the relevant place on the website.
(2) Data Collection
With the registration to the admission of a contractual relationship with hajoona the customer announces data to us which we store. These are:
• first and last name
• delivery and invoice address
• date of birth
• E-mail address
• phone number
• bank account data
The customer may demand the correction, deletion or blocking of his/her data at any time. For this purpose, please send an email to: firstname.lastname@example.org.
(4) Data Transfer
hajoona will only transfer data, if a third party – in particular suppliers – process data on our behalf, if the law commits us to do so or if the customer has given his/her consent to do so. Providing you don't pay via prepayment and in order to protect our rightful interests, your name and your address will be sent to the SCHUFA Holding AG or another equal partner in order test your credit-worthiness.
(5) In accordance with the Federal Data Protection Act, you have a right to be provided with information free of charge relating to your stored data and, where applicable, a right to have this data corrected, blocked or erased. All questions concerning the collection, processing or use of your personal data as well as their information, correction, blocking or deleting should be addressed to: hajoona GmbH, Klingenteichstr. 23, 69117 Heidelberg
§ 16 Compensation
(1) The customer may only offset amounts in the presence of counterclaims which are legally enforceable, undisputed or recognised by us.
(2) The customer shall only be entitled to practice a retention, if his counterclaim is based on the same contract relationship.
§ 17 Codes of Conduct
We are not subject to any special and previously unmentioned codes of conduct.
§ 18 Cease-and-Desist
(1) We are constantly trying to keep the latest rules and laws regarding representation, text, images etc. on our website. Should you have any objections, we are grateful for any information.
(2) Please notify us in writing, so that we can review it immediately and change it if
(3) In the event you sent us warnings or take professional legal counsel without prior notice to us, we herewith refuse reimbursement.
§ 19 Final Provisions
(1) If any provision of these GTC should be or become ineffective, this shall not affect the validity of the remaining provisions. The contracting parties undertake to replace an inoperative provision with the operative provision that approximates as closely as possible to the economic intent and purpose of the inoperative provision. The above applies accordingly for any contract gaps.
(2) There are no verbal side agreements. Amendments must be made in writing in order to be valid.
(3) As far as the buyer is a merchant, a legal person of public law or public special property or the buyer has no jurisdiction within Germany, the place of jurisdiction for all disputes arising under and in connection with the contractual relationship between the buyer and us is Heidelberg.
(4) German law shall apply, to the exclusion of international private law and UN purchase law.