AGB of
Hoshiko BV
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General Terms and Conditions of Hoshiko BV (AGB)
1. Scope of application
The use of this website and the business relations between Hoshiko BV (www.happydogleash.com / Hoshiko BV, Oder 20, UNIT D7778, 2491 DC, The Hague Netherlands and its customers are subject to the following General Terms and
Conditions (GTC) in the version currently available and valid when calling up the website or ordering goods.
A customer is any natural and legal person who maintains business relations with Hoshiko BV. The general terms and conditions, the terms of delivery and payment as well as the data protection regulations may change from time to time. Hoshiko BV asks you to read these terms and conditions carefully each time you visit the website and order goods. These GTC apply exclusively. Conflicting, supplementary or deviating terms and conditions require the express written confirmation of Hoshiko BV in order to be valid. When using this website or placing an order for goods, the customer agrees to fully accept these General Terms and Conditions of Business including delivery and payment conditions.
Should individual provisions of these General Terms and Conditions prove to be ineffective or unenforceable or become ineffective or unenforceable, this shall not affect the validity of the remaining provisions. The operator of this website Hoshiko BV.
2. Information on this website
www.happydogleash.com contains information about products and services. Price and assortment changes as well as technical changes are reserved. All information on www.happydogleash.com (product descriptions, illustrations, films, dimensions, weights, technical specifications, accessory relationships and other information) are only to be understood as approximate values and do not represent any assurance of properties or guarantees, unless it is explicitly stated otherwise. Hoshiko BV makes every effort to provide accurate, complete, up-to-date and clear information on this website, but Hoshiko BV can neither expressly nor implicitly warrant this.
All offers on this website are subject to change without notice and do not constitute a binding offer.
Hoshiko BV cannot guarantee that the products listed are available at the time of ordering. Therefore, all information on availability and delivery times are subject to change without notice.
3. Prices
Unless otherwise stated, Hoshiko BV prices include statutory value-added tax, any early recycling charges (VRG) and copyright fees for electronic equipment. Prices are net prices in Euro (€).
Unless otherwise specified, any shipping costs will be charged additionally and are to be paid by the customer.
Shipping costs are shown separately in the order process. Hoshiko BV reserves the right to make technical changes, errors and misprints. Hoshiko BV reserves the right to make price changes at any time and without prior notice. The sales prices do not include consulting and support services.
4. Conclusion of contract
The offers on this website constitute a non-binding invitation to the customer to order products and/or services from Hoshiko BV. By placing an order via this website, including the acceptance of these General Terms and Conditions of Business, the customer submits a legally binding offer to conclude a contract. Hoshiko BV then sends an automatic “Order Confirmation” by email, which confirms that the customer’s offer has been received by Hoshiko BV. Orders placed are binding for the customer. Unless otherwise stated, there is no right of return or withdrawal.
The contract is concluded as soon as Hoshiko BV sends a declaration of acceptance by email confirming the shipment of the ordered products or services. Orders will only be delivered after receipt of full payment (exception: delivery against invoice) and as far as the goods are available. If, after conclusion of the contract, it turns out that the ordered goods cannot be delivered or cannot be delivered in full, Hoshiko BV is entitled to withdraw from the entire contract or from one part of the contract. If the customer’s payment has already been received by Hoshiko BV, the payment will be refunded to the customer.
If no payment has been made, the customer is released from the obligation to pay. In the event of a contract termination, Hoshiko BV shall not be obliged to make a replacement delivery. a. Conclusion of a subscription contract The dispatch of the first box in the subscription takes place in Q4 2020 after receipt of the order. Afterwards the box will be sent in every following month around the 23rd day of the month. The actual delivery date can be postponed.
Delivery is made as an unwritten parcel shipment (service provider is Swiss Post or an alternative parcel deliverer). When the parcel is handed over to the customer by the parcel deliverer, the latter assumes responsibility for the parcel.
If you order a subscription as a gift (shipping goes to another person than the billing contact) this does not renew itself automatically. The subscription expires at the end of the selected subscription period without any further obligations.
If you order a subscription for yourself, this runs indefinitely. After expiration of the selected subscription period, the subscription is automatically renewed for the originally selected period. The subscription can be cancelled up to the 10th day of the first month after the end of the current subscription period. If the cancellation is received at a later date, the subscription will be extended by the subscription period selected at the time of ordering and the cancellation will be valid for the next subscription period. The invoice amount is due for payment with each invoicing. Non-payment of the invoice is NOT to be equated with termination of the contract. Unpaid invoices will be dunned against payment. In order to complete the cancellation, the customer must send an e-mail to [email protected] with the subject “cancellation” and indicate his name and billing address. Subscriptions are excluded from the right of return.
5. payment options, retention of title and reminders
The payment options indicated in the order process are exclusively available to the customer. Hoshiko BV reserves the right to exclude customers from individual payment methods or to insist on prepayment without giving reasons.
The products delivered to the customer remain the property of Hoshiko BV until full payment has been received. For payment by invoice, the following Byjuno AG terms and conditions apply.
6. Delivery, obligation to inspect, notification of defects and return shipment
Deliveries will be sent by post or courier to the address specified by the customer in the order. Invoices are issued by email or by post. With dispatch, the benefit and risk are transferred to the customer.
If the delivery cannot be delivered or if the customer refuses to accept the delivery, Hoshiko BV can terminate the contract after notification of a complaint by email to the customer and setting a reasonable deadline and charge the costs for the handling.
The customer is obliged to inspect the delivered goods immediately upon receipt of the delivery and to notify Hoshiko BV immediately in writing by letter or email to the address (imprint) of any defects for which Hoshiko BV warrants.
Returns to Hoshiko BV shall be made at the expense and risk of the customer. The customer must send the goods in their original packaging, complete with all accessories and together with the delivery note and a detailed description of the defects to the return address indicated by Hoshiko BV (Oder 20, Unit D7778, 2491 DC, The Hague, Netherlands).
If Hoshiko BV examination by Hoshiko BV reveals that the goods do not show any detectable defects or that these are not covered by the manufacturer’s warranty, Hoshiko BV may charge the customer for the handling, return or possible disposal.
7. Right of withdrawal
The customer is granted a right of withdrawal for 14 calendar days after receipt of the goods. The deadline shall be deemed to have been met if the customer sends the written revocation by email ([email protected]) or letter (Oder 20, Unit D7778, 2491 DC, The Hague, Netherlands).) to Hoshiko BV within the deadline. The revocation does not require any justification. Subscriptions are excluded from the right of withdrawal.
Exercising the right of revocation leads to a reversal of the contract. The customer must return the goods within 14 calendar days unopened in sealed original packaging, complete with all accessories and together with the delivery note to the return address indicated by Hoshiko BV (Oder 20, Unit D7778, 2491 DC, The Hague, Netherlands).
Returns to Hoshiko BV shall be made at the expense and risk of the customer. Any payment already made will be refunded to the customer within 30 calendar days if Hoshiko BV has already received the goods or the customer can provide proof of shipment.
Hoshiko BV reserves the right to demand appropriate compensation for damage, excessive wear and tear or loss of value due to improper handling and to deduct the reduction in value from the purchase price already paid or to invoice the customer. No right of withdrawal is granted in the following cases:
(i) If the contract has a random element, namely because the price is subject to fluctuations over which the
provider has no influence.
(ii) If the subject matter of the contract is a movable object which, due to its nature, is not suitable for return or can spoil quickly;
(iii) If the subject matter of the contract is a movable object made according to the specifications of the consumer or clearly tailored to personal needs;
(iv) If the subject matter of the contract is digital content and this content is not made available on a fixed data carrier or if the contract is to be fulfilled immediately by both contracting parties in full;
(v) If the contract relates to a service and the contract is to be fulfilled in full by the provider with the prior express consent of the consumer before the revocation period has expired.
8. Warranty
Hoshiko BV strives to deliver goods of impeccable quality. In the event of timely notification of defects, Hoshiko BV shall, during the statutory warranty period of generally two years from the delivery date, assume warranty for the faultlessness and functionality of the item purchased by the customer. Hoshiko BV reserves the right to make a warranty at Hoshiko BV discretion by repairing, replacing or refunding the purchase price free of charge. Further claims are excluded.
The warranty does not cover normal wear and tear, the consequences of improper handling or damage by the customer or third parties or defects due to external circumstances. The warranty for consumables and wearing parts (e. g. batteries, accumulators, etc.) is also excluded.
Hoshiko BV makes no representations or warranties as to the timeliness, completeness or accuracy of the data and the constant or undisturbed availability of the website, its functionalities, integrated hyperlinks and other content. In particular, Hoshiko BV does not warrant or guarantee that the use of this website will not infringe any rights of third parties that are not owned by Hoshiko BV.
9. Liability
Hoshiko BV excludes any liability, irrespective of its legal basis, as well as claims for damages against Hoshiko BV and any auxiliary persons and vicarious agents. In particular, Hoshiko BV shall not be liable for indirect damages and consequential damages, loss of profit or other personal injury, damage to property and pure financial losses of the customer. We reserve the right to further mandatory statutory liability, for example for gross negligence or unlawful intent.
Hoshiko BV only uses hyperlinks to facilitate the customer’s access to other websites. Hoshiko BV cannot know the content of these websites in detail, nor can it assume any liability or other responsibility for the content of these websites.
10. Data protection
Hoshiko BV may process and use the data collected within the framework of the conclusion of the contract for the fulfilment of the obligations arising from the purchase contract as well as for marketing purposes. The data necessary for the performance of services can also be passed on to contracted service partners (logistics partners) or other third parties.
11. Further provisions
Hoshiko BV expressly reserves the right to amend these General Terms and Conditions at any time and to enact them without prior notice. In the event of disputes, Swiss substantive law shall apply exclusively, excluding conflict-of-law provisions.
The UN Convention on Contracts for the International Sale of Goods (CISG) is explicitly excluded. The place of jurisdiction shall be Zurich, unless the law provides for mandatory legal venue.
12. Contact
If you have any questions about these terms and conditions, please contact us: [email protected]
