Terms and Conditions
Status: December 27, 2021
(1) This website (the “Site”) and / or the services, including all associated mobile applications (collectively: the “Services”) and all offers and sales of products (“Products”) through the Site, are owned by Habit GbR, Nico Renn and Dipesh Kalian and is operated by them (hereinafter also: "we", "us" and "our"). These terms and conditions (“Terms”) set out the conditions under which visitors or users (collectively: “User” or “You”) may visit or use the Site and / or the Services and purchase products.
(2) By accessing or using the services, you declare that you agree to the terms and conditions and that you agree to them in a binding manner. If you do not agree to all of the terms, you may not access the site or use the services. Please read these terms carefully before accessing our site, using the services or purchasing products. These terms and conditions tell you who we are, how we sell products to you, how you can withdraw from the sales contract and what you can do in the event of problems.
(3) You affirm that you are of legal age and have the legal authority, the right and the freedom to enter into a binding agreement on the basis of these terms and conditions and to use the services and purchase products. If you are a minor, you will need parental or legal guardian approval to use the Services or purchase products.
Purchase of products
(1) The purchase of products is subject to the conditions applicable at the time.
(2) When you buy a product: (i) you are responsible for reading the item description in full before making a binding purchase, and (ii) completing an order on the site (by completing a payment process using the "Paid order ”or a similar button) can represent a legally binding contract for the purchase of the corresponding product, unless the present conditions provide otherwise.
(3) By clicking on the corresponding button, you can select products from our product range and place them in the shopping cart. Our prices are listed on the site. We reserve the right to change our prices at any time and to correct unintentional price errors. These changes do not affect the price of products that you have previously purchased. When paying, you will be shown an overview of all the products that you have placed in the shopping cart. The overview includes the essential properties of each product as well as the total price for all products, the applicable sales tax (VAT) / value added tax (VAT) and, if applicable, the shipping costs. On the payment page you also have the option of checking the products and quantities and, if necessary, changing, removing or correcting them. You can also use the editing function to identify and correct any input errors before you place your final, binding order. All specified delivery times apply from receipt of your payment of the purchase price. If you click on the button “Order for a fee”, you are placing a binding order to purchase the listed products at the stated price and at the stated shipping costs. To complete the ordering process using the “Order for a fee” button, you must first acknowledge these terms and conditions as legally binding for your order by ticking the appropriate box.
(4) We will then send you an e-mail confirmation of receipt of your order, in which your order is listed again and which you can then print out or save using the corresponding function. Please note that this is an automatic notification that only proves that we have received your order. It does not indicate that we have accepted your order.
(5) The legally binding agreement on the purchase of the products is only concluded when we send you a declaration of acceptance by email or send the products to you. We reserve the right not to accept your order. This does not apply in cases in which we offer a payment method - and you choose this payment method for your order - in which a payment process is initiated immediately upon submission of your order (e.g. electronic transfer or real-time transfer via PayPal, Giropay, Paydirekt) . In this case, the legally binding agreement is deemed to have been concluded when you have initiated the ordering process, as described above, using the "Order for a fee" button.
(6) The purchase contract can be concluded in [German] language. After the conclusion of the contract, the contract terms will be kept with us, you will then no longer have access to them.
Right of withdrawal
You can cancel this contract within 14 days without giving a reason. The cancellation period expires after 14 days from the day on which you or a third party named by you who is not the carrier acquires physical possession of the goods.
In order to exercise your right of withdrawal, you must contact us
Nürnberger Strasse 7
91052 Erlangen, Germany
Telephone number: 09131 9232563,
Email address: firstname.lastname@example.org
inform you of your decision to withdraw from this contract by means of an unequivocal declaration (e.g. a letter by post, fax or e-mail). You can (but do not have to) use the attached cancellation form.
In order to meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.
Consequences of the withdrawal
If you withdraw from this contract, we will reimburse you - without unnecessary delay, but in any case no more than 14 days after receipt of notification of your withdrawal - all payments already received from you, including delivery costs (except for the additional costs incurred for one of you desired delivery method that deviates from the cheapest standard delivery we offer). We will issue such a refund using the same method of payment that you used for the original transaction, unless you have expressly authorized otherwise; in any event, you will not incur any fees for such reimbursement. We may withhold the refund until we have received the goods back or you have provided evidence that you sent the goods back, whichever comes first.
The goods are returned or handed over to
Nürnberger Strasse 7
91052 Erlangen, Germany
Telephone number: 09131 9232563,
Email address: email@example.com
without unnecessary delay, but in any case a maximum of 14 days after receipt of the notification of your revocation. The deadline is met if you send the goods before the 14-day period has expired. You bear the direct costs for returning the goods.
You are only liable for a decrease in the value of the goods if it is the result of treatment that is not necessary to determine the nature, properties and functionality of the goods.
(Just copy this form, fill it in and send it back as an e-mail if you want to cancel the contract)
- To ([name and address of the shop]), telephone number: [please state your telephone number], fax number: [please state your fax number], email address: [please state your email address], fax number: [please state your fax number ], E-mail address: [Please enter your e-mail address].
- I / we (*) hereby inform you that I / we (*) cancel my / our (*) purchase contract for the following goods (*) / for the provision of the following services
- Ordered on (*) / received on (*)
- Name of the customer
- Address of the customer
- Signature of the customer (only if this form is sent in paper form)
(*) Delete what does not apply.
Warranty for products
In accordance with the statutory warranty provisions, we are liable for quality defects and / or legal defects in the products that you buy from us.
Storage of online payment details
You can save a preferred payment method for the future. In this case, we store this payment information in accordance with the applicable industry standards, if available (e.g. PCI, DSS). You can identify your saved card by its last four digits.
Vouchers, gift cards and other offers
Vouchers, gift cards or discounts and other offers are available from time to time for our products ("Offers"). Such offers are only valid for the period specified in this offer. Offers may not be transferred, modified, sold, exchanged, reproduced or distributed without our express written consent.
(1) In order to access and use certain areas and functions of our site, you must first log in and create an account (“member account”). You must provide correct and complete information when registering your member account.
(2) If someone other than yourself accesses your member account and / or your settings, they can carry out all the actions available to you, e.g. B. Make changes to your member account. We therefore strongly advise you to keep the login details for your member account safe. Such activities can be presumed to have occurred for you and on your behalf, and you may be solely responsible for those activities that occur under your member account, whether or not you have expressly authorized them, and for all damages, expenses and losses resulting therefrom. You are liable for activities in connection with your member account in the manner described if you have negligently enabled the use of your member account by neglecting to take reasonable care to protect your login data.
(3) You can create and access your member account via a dedicated website or via a third-party platform such as Facebook (the “social network account”). When you log in using an account on a third-party platform, you hereby give us access to certain information about you that is stored in your social network account.
(4) We can permanently or temporarily block or suspend your access to the member account, without any liability claims on your part, in order to protect us, our site and our services or other users if, for example, you have provisions of these terms and conditions or applicable law or regulations in connection with Violate your use of the Site or your member account. This can be done without prior notice if the circumstances require immediate action; in this case we will inform you as soon as possible. In addition, we reserve the right to terminate your member account by giving two months' notice by email if, for example, we discontinue our program for member accounts. You can stop using it at any time and request the deletion of your member account by contacting us.
(1) Our services are made available to you for information purposes and only for private, non-commercial use. When using our services, you must comply with these terms and all applicable laws.
(2) Unless expressly permitted by these Terms, it is not permitted: (i) to use our services in an unlawful or fraudulent manner (including infringing the rights of third parties) or for the purpose of collecting personal data or posing as other users to spend; (ii) change or use our notices of copyrights, trademarks or other proprietary rights or interfere with the security-related functions of our services; (iii) use our services in any way to manipulate or falsify content or undermine the integrity and correctness of content, or take measures to disrupt, damage or interrupt parts of our services; (iv) use our services to send, receive, upload / post, download material that does not meet our content standards; (v) use our services to transmit unsolicited or unauthorized advertising or promotional material or to enable the transmission thereof; (vi) use our services to transmit data or upload data to our services that contains viruses, trojans, worms, time bombs, keystroke logging, spyware, adware, or other harmful programs or similar computer code that may cause the operation of computer software or hardware should affect; (vii) To use robots, spiders, other automatic devices or manual processes to monitor / copy our or other sites or the content contained in our services, or to use network monitoring software to determine the architecture of our services or to obtain usage data to extract our services; (viii) engage in behavior that restricts or prevents other users from using our services, or (ix) using our services for commercial purposes or in connection with a commercial activity carried out without our prior written consent. You agree to cooperate fully with us in investigating any activity that allegedly or actually violates these terms and conditions.
Intellectual property rights
(1) Our services and associated content (and all derivative works or improvements thereof), in particular with regard to all texts, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials , Products, services, URLs, technology, documentation, trademarks, service marks, brand names and trade dress, and interactive features, and all intellectual property rights thereto, are either owned or licensed by us (collectively: "our intellectual property rights"), none of the wordings in these terms gives you rights related to our intellectual property rights. Unless expressly stated here or required by mandatory statutory provisions for the use of the services, you acquire no rights, claims or interests in our intellectual property rights. All rights not expressly granted in these conditions are expressly reserved.
(2) If the products include digital content, such as music or videos, you are granted the rights as set out in relation to such content on the site.
Disclaimer of Warranties for Use of the Site and Services
The services, our intellectual property rights and all information, materials and content that are made available in connection therewith and made available to users free of charge are provided without guarantee of defects or availability and without guarantees of any kind, express or tacit (guarantees of suitability for a specific purpose or warranties regarding the safety, reliability, timeliness, accuracy and performance of our services, among others) provided - with the exception of cases of malicious failure to disclose defects. We do not guarantee that free services will be provided without interruption or error, or that they will meet your requirements. Access to the services and the site may be suspended or restricted due to repairs, maintenance work or updates. This does not affect the warranty for products that you have specified with us as described in the "Warranty for products" section above.
You agree to defend us and hold us harmless from and against all actual or alleged claims, claims for damages, costs, liabilities and expenses (especially reasonable attorney's fees) arising out of or in connection with your use of the Website and the Services in breach of these terms and conditions, including in particular any use that violates the restrictions and requirements set out in the section "Permitted Use", unless these circumstances are not attributable to you.
Limitation of Liability
(1) We are only liable in the event of willful misconduct, gross negligence, negligent injury to life, limb, health or slightly negligent breach of an essential contractual obligation, and only in the case of paid services or the sale of products. A "material contractual obligation" means an obligation that you must meet as a prerequisite for the proper implementation of the Agreement and that you can normally and reasonably rely on. Our liability for slightly negligent breach of an essential contractual obligation is limited to the amount of customary and foreseeable damage for this type of contract. Our liability under the Product Liability Act or in the event that we have explicitly given a guarantee remains unaffected.
(2) The above provisions apply to our contractual (including liability for wasted expenditure) and non-contractual liability (including liability for tort) as well as for liability arising from transactions before the conclusion of a contract (culpa in contrahendo). They also apply in favor of our managing directors, executives or other legal representatives, employees and vicarious agents.
Change of Terms and Services; attitude
We reserve the right to change these terms from time to time, in our sole discretion, to reflect changes in law or additional features we may introduce or as we otherwise develop our business. Therefore, you should read these terms and conditions regularly and in any case during the checkout process when purchasing products. The new terms will apply to any new order you place after the effective date of the new terms. If the ongoing services you use are affected by the changes in the conditions, we will take due account of your legitimate interests. We will inform you of such changes in good time in advance. You are deemed to have accepted the changes if you do not object to these changes within two months of this notification. We will point this out to you in our message. If you object to the changes, we have a special right of termination - without any further obligations to you - which will take effect on the date the changes come into force.
We can change the services, discontinue the provision of the services or one or more functions of the offered services or limit the services. We can terminate or suspend access to the services ourselves permanently or temporarily - without giving reasons and without further obligations. If this is possible under the circumstances, we will inform you in good time in advance and take your legitimate interests into account in such measures.
Links to third party websites
The services may contain links that you can use to leave the site. Unless otherwise stated, we have no control over the linked sites, and we are not responsible for the content of any linked site, any links contained on any linked site, or any changes or updates to such sites. We are not responsible for transmissions received from any linked website. Links to third party websites are provided for informational purposes only. The fact that we have added links to other websites does not mean that we endorse their owners or their content.
(1) These conditions are subject to the laws of the [Federal Republic of Germany] (without taking into account the conflict of laws provisions) and are to be interpreted accordingly.
(2) The European Commission provides a platform for online dispute resolution (OS), available at: https://ec.europa.eu/consumers/odr/. Please note that we are not obliged to resolve disputes with consumers before alternative dispute resolution bodies.
(1) A waiver by one of the parties with regard to a breach or delay under these terms and conditions does not constitute a waiver for previous or subsequent breaches or delays.
(2) The headings used in these terms and conditions are only used for better understanding, they are not given any legal meaning.
(3) Unless otherwise expressly stated, if any part of these terms and conditions is deemed illegal or unenforceable for any reason, it is agreed that this part of the terms and conditions will be deleted and the remaining terms and conditions will remain unaffected and in full effect.
(4) Without our prior written consent, you can neither assign your agreement with us under these conditions nor all or part of your contractual rights or obligations.
(5) These terms and conditions constitute the entire agreement and supersede all prior written or oral agreements between you and us in connection with the services and the sale of products.
(6) The provisions of these terms and conditions, which due to their nature are intended to outlast such an act on our part, remain in effect, in particular with regard to provisions regarding compensation, indemnifications, exclusions of liability, limitations of liability and this section "Miscellaneous".
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