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TERMS AND CONDITIONS

Scope

These terms and conditions apply to all purchases from Happy Fox World made by private customers.

Private customers in this sense are those for whom the goods ordered by them cannot be attributed to either their commercial or their independent professional activity.

 

Prices and shipping costs

The prices quoted are final prices excluding VAT in accordance with the small business regulation pursuant to § 19 UStG. The amount shown at the time of the binding order applies. Shipping costs are added, which depend on the shipping method and the size and weight of the product(s) you have ordered. You can find out about the details of the respective product in the checkout before completing the purchase.

 

Payment

Payment shall be made on delivery by means of

              - Apple Pay

              - Google Pay

              - PayPal

              - Klarna

              - Shop Pay, Amex, Maestro, Visa, Mastercard

 

Default of payment

If you are in default of payment, Happy Fox World is entitled to charge interest on arrears at a rate of 5 percentage points above the base interest rate p.a. announced by the Deutsche Bundesbank for the time of the order. If Happy Fox World can prove that it has incurred higher damages due to the delay, Happy Fox World is entitled to claim these.

 

Right of retention

The customer is only entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.

 

Return policy

As indicated on our About section each product is custom produced on demand for your order only. Due to the regulations which are put on custom produced items we currently cannot offer any returns.

This provision corresponds to § 312g para. 2 no. 1 BGB. As soon as the order has been forwarded to the producer, there is no right of withdrawal.

In case of any questions for that procedure please do not hesitate to contact us through hello@happyfoxworld.com

 

Delivery and Custom Fees

      (1) We fulfill via different facilities worldwide. Based on your shipping address the nearest warehouse is automatically chosen.

      For international shipments customs fees may incur upon receival. This depends entirely on the destinations countries regulations like weight, value, and size and is completlely beyond our control. Since we do not have any chance to affect those we do not take responsibility for customs fees. We can’t mark orders as gifts or undeclare the actual value.

      (2) If force majeure (natural disasters, war, civil war, terrorist attack) makes delivery or any other service permanently impossible, Happy Fox World is not
      obliged to perform. Amounts already paid will be refunded by Happy Fox World without delay.

      (3) Happy Fox World can also refuse performance if this requires an effort that is grossly disproportionate to the customer's interest in fulfilling the purchase contract, taking into account the content of the purchase contract and the requirements of good faith. Amounts already paid will be refunded by Happy Fox World without delay.

       

      Retention of title

      The delivered goods remain the property of Happy Fox World until all claims against the customer arising from the purchase contract have been settled in full. As long as this retention of title exists, the customer may neither resell nor dispose of the goods; in particular, the customer may not contractually grant third parties any use of the goods.

       

      Defect rights

      (1) If a product is already defective at the time of delivery (warranty case), Happy Fox World will, at the customer's option and at Happy Fox World's expense, replace it with a defect-free product or have it professionally repaired (subsequent performance). It is pointed out to the customer that there is no case of warranty if the product had the agreed quality at the time of transfer of risk. A warranty case does not exist in particular in the following cases:

      1. a) in the event of damage caused to the customer by misuse or improper use,
      2. b) in the event of damage caused by the products having been exposed to harmful external influences at the customer's premises (in particular extreme temperatures, humidity, exceptional physical or electrical stress, voltage fluctuations, lightning, static electricity, fire).

      (2) Furthermore, Happy Fox World does not provide any warranty for a defect caused by improper repair by a service partner not authorised by the manufacturer.

      (3) If the type of subsequent performance requested by the customer (replacement delivery or repair) requires an effort which, in view of the product price, is grossly disproportionate to the customer's interest in performance, taking into account the content of the contract and the requirements of good faith - whereby in particular the value of the object of purchase in a defect-free condition, the significance of the defect and the question of whether the other type of subsequent performance can be resorted to without significant disadvantages for the customer are to be taken into account - the customer's claim is limited to the respective other type of subsequent performance. The right of Happy Fox World to also refuse this other type of subsequent performance under the aforementioned condition remains unaffected.

      (4) Both in the case of repair and in the case of replacement, the customer is obliged to send the product at Happy Fox World's expense to the return address provided by Happy Fox World, stating the order number. Before sending in the product, the customer must remove any items he has inserted from the product. Happy Fox World is not obliged to inspect the product for the insertion of such items. Happy Fox World will not be liable for the loss of such items unless it was readily apparent to Happy Fox World at the time of taking back the product that such an item had been inserted into the product (in which case Happy Fox World will inform the customer and hold the item ready for collection by the customer; the customer will bear any costs incurred in doing so). The Customer shall also, before sending a Product for repair or replacement, if applicable, make separate back-up copies of the system software, applications and all data on the Product on a separate data carrier and deactivate all passwords. No liability is assumed for loss of data. Likewise, after the repaired product or the replacement product has been returned to the customer, it is the customer's responsibility to install the software and data and reactivate the passwords.

      (5) If the customer sends the goods in order to receive a replacement product, the return of the defective product shall be governed by the following provision: If the customer was able to use the goods in a defect-free condition between delivery and return, the customer shall reimburse the value of the benefits derived by him. The customer shall pay compensation for the value of any loss or further deterioration of the goods not caused by the defect and for the impossibility of surrendering the goods not caused by the defect in the period between delivery of the goods and return of the goods. The customer does not have to pay compensation for the deterioration of the goods caused by the intended use of the goods. Furthermore, the obligation to pay compensation for lost value shall not apply to the return of a defective product in the event of a warranty claim,

      1. a) if the defect entitling to withdrawal has only become apparent during processing or transformation,
      2. b) if Happy Fox World is responsible for the deterioration or loss or if the damage would also have occurred at Happy Fox World,
      3. c) if the deterioration or loss has occurred at the customer's premises although the customer has exercised the care which he is accustomed to exercising in his own affairs.

      (6) The customer's liability for damages in the event of a breach of the obligation to return goods for which the customer is responsible shall be governed by the statutory provisions.

      (7) The customer may choose to withdraw from the contract or reduce the purchase price if the repair or replacement delivery has not resulted in a condition of the product in accordance with the contract within a reasonable period of time.

      (8) In addition, there may also be claims against the manufacturer within the framework of a warranty granted by the manufacturer, which are governed by the corresponding warranty conditions.

      (9) Happy Fox World's statutory warranty ends two years after delivery of the goods. The period begins with the receipt of the goods.

       

      Liability

      (1) In the event of slight negligence Happy Fox World is only liable for the breach of material contractual obligations and limited to the foreseeable damage. This limitation does not apply in case of injury to life, body and health. Happy Fox World is not liable for other damages caused by slight negligence due to a defect in the object of purchase.

      (2) Irrespective of any fault on the part of Happy Fox World, liability on the part of Happy Fox World in the event of fraudulent concealment of the defect or from the assumption of a guarantee remains unaffected. The manufacturer's guarantee is a guarantee of the manufacturer and does not constitute an assumption of a guarantee by Happy Fox World.

      (3) Happy Fox World is also responsible for the impossibility of delivery occurring by chance during its delay, unless the damage would also have occurred in the event of timely delivery.

      (4) The personal liability of Happy Fox World's legal representatives, vicarious agents and employees for damage caused by them through slight negligence is excluded.

       

      Applicable law

      The contract concluded between you and Happy Fox World is exclusively subject to the law of the Federal Republic of Germany with the express exclusion of the UN Convention on Contracts for the International Sale of Goods. The mandatory provisions of the state in which you have your habitual residence remain unaffected.

       

      Place of jurisdiction

      If, contrary to the information you provided when placing your order, you do not have a place of residence in the Federal Republic of Germany, or if you transfer your place of residence abroad after conclusion of the contract, or if your place of residence is not known at the time the action is brought, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship shall be [the registered office of the operator of the online shop].

       

      Dispute resolution

      General information requirements for alternative dispute resolution in accordance with Art. 14 (1) ODR Regulation and § 36 VSBG (Consumer Dispute Resolution Act):

      The European Commission provides a platform for online dispute resolution (OS), which you can find at this address: http://ec.europa.eu/consumers/odr/ . We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.

      Final provisions

      (1) Should individual provisions of this contract be or become invalid or void in whole or in part, this shall not affect the validity of the remainder of the contract insofar as a contracting party is not unreasonably disadvantaged thereby.

      (2) Amendments or supplements to this contract must be made in writing.