1. The terms set out below shall apply to all orders that we accept and execute through online shop with end consumers. „End consumer“ as used in our terms and conditions shall pursuant to § 13 of the German Civil Code mean any individual entering into a legal transaction that may not be mainly attributed to a commercial business or a self-employed business. 

2. Unless specified otherwise your may order all products of our online ship through the website www.hoopr-store.com. All product offers listed therein are without obligation are no offers in a legal sense. If you have made your choice, placed the selected products into the product basket, have ticked the box „Accept Terms and Conditions“ and have sent away your order by clicking the button „Binding Order“ then you have placed a legally binding offer to the conclusion of a sale and purchase agreement regarding the products that you have ordered. Prior to sending you may always remove or add products to your product basket. The language of agreement shall be German only. Upon receipt of your order you will receive an automatically generated summary of your order. This is a non-binding confirmation receipt to let you know that you order has been duly received and which products you have ordered. Only upon our order confirmation or any subsequent delivery a legally binding sale and purchase agreement shall have been concluded. 

3. Through sending your order and your registration with our online shop you assure that all information provided therein, particularly name, Email address, account information is accurate. Please notify us immediately of any changes. 

4. All prices indicated in our online shop are end consumer prices where statutory VAT is excluded to § 19 Subsect. 1 of  the German Law of Value Added Tax. 

5. For any order and shipment address to the United States of America exceeding an order value of $100 we do not charge a contribution to shipment costs. For other countries outside the EU we reserve the right to charge shipping costs for each order and delivery address regardless of the order value.

6. When shipping to non-EU countries, additional taxes or costs (e.g. customs duties) may be incurred as part of your order, which are not paid through us or invoiced by us, but must be paid by you directly to the relevant customs or tax authorities. For details, please contact the respective competent authorities.

7. You may pay your order through the following modes. Through SEPA standard direct debit mandate you authorize us to retract the invoice amount from your bank account. The authorisation is valid for future invoices also but may be revoked at any time. The debit to the account that you have specified will be placed upon dispatch of your order to the transport agent. Prepayments or advance payments will be debited upon receipt of the order. The deadline for advance notice will be reduced to five working days. You pay through PayPal, Visa or Master Card in advance. All personal data will be transferred through SSL encryption.  In case of overdue payments, we may charge default interest of 5 % above the base rate (§ 247 German Civil Code). We have the right to prove that a significantly higher loss has been caused. 

8. Unless specified otherwise, delivery will be made through parcel service. We may to a reasonable extent make partial shipments. Once shipped, all updates on the tracking status of your order are handled by the shipping company. Our selected parcel services are fully responsible for any delayed updates to their trackers and/or package deliveries once items are handed over to them. Should any of the products that you have ordered not be available at all or not in time due to reasons beyond our control we reserve the right to cancel your order of such item. We will immediately inform you thereof and refund any purchase price that you have advanced therefor. 

9. We shall retain ownership title for the shipped products until payment has been made in full. 

10. You have the right to return your product(s) within fourteen days (14). The return term shall be fourteen (14) days starting at the date at which you or any third party designated by you (other than the delivery agent) shall have taken possession of the product. To exercise your right of return you must inform us (HOOPR c/o Sebastian Bernhard, Mühlendamm 2, 22087 Hamburg, Germany, Email address: contact@hoopr-store.com) through explicit notice (e.g. letter sent by ordinary mail or Email) about your decision to return your products.

You must cover the costs of the return of the product. 

If you return the product(s), we must refund to you all payments that we have received from you including the costs of delivery (except those incremental costs that have been caused by your selection of a delivery mode different from the cheapest standard mode offered by us) immediately, however, no later than by fourteen (14) days after the date at which we have received your notice of return of the product(s). 

For such refund, we shall use the same payment mode that you have used for payment of the original transaction unless we have expressly agreed otherwise with you; in no event, we will change any fees for the refund. 

We may refuse the refund until we have received the product back. You must immediately, in any case no later than fourteen days after the date at which you have notified us, return the goods to us. To meet the deadline, it shall be sufficient that you send away the products prior to expiry of the deadline.

You must return the product(s) unwashed, unworn, and in new condition with all original components and tags still intact. You shall be responsible for any deterioration of the product only if such deterioration has been caused by any treatment exceeding the orderly examination of the condition, characteristics, and functionality of the product.

NO RETURN RIGHT exists for agreements regarding delivery of products that are not prefabricated and where its manufacturing is mainly based on an individual selection or a specification of the customer and for agreements for delivery of goods with minimal shelf life or where the shelf life has expired, and the revocation right is forfeited for agreements regarding delivery of sealed products which, for reasons of health protection or hygiene are not suitable for return or if the seal has been removed after delivery, or for agreements regarding delivery of sound or video recordings or computer software in a sealed packaging if the seal has been removed after delivery.

11. Notwithstanding applicable provisions of law, our liability to compensation of losses is subject to the following disclaimers and qualifications: We shall be liable for wilful misconduct or gross negligence. For simple negligence we shall be liable only in case of violation of an obligation the compliance with which is as essential prerequisite for orderly performance of this Agreement and on the due performance of which the counterpart can reasonably rely (so-called „key obligations“). Apart therefrom, we do not assume any liability for losses of any kind, irrespective of the legal basis therefor which shall also include also any pre-contractual liability. If we shall be liable for simple negligence according to subsect. 1 above, our liability shall be limited to losses the occurrence of which we could have reasonable foreseen based on the situation known to us upon conclusion of this Agreement. The above liability provisions do not apply if we have issued a guarantee for the characteristics of a product or for damages that are to be compensated pursuant to the Product Liability Act or for losses/damages regarding life, physical integrity or health or for remedies based on applicable laws. The above disclaimers apply also to the benefit of our employees, agents and other third parties we have retained for the execution of this Agreement.

12. You may redeem with us any product vouchers (vouchers that you have purchased) for the purchase of products. They may, however, not be used for purchasing other vouchers. The currency of issue and the currency of redemption must be identical. The credit amount of a voucher can be expressed in USD or EUR and does not carry interest. A cash redemption is not possible. Electronic vouchers shall be issued in pdf format and must only be paid by credit card. A redemption after receipt of the order or any other subsequent redemption shall not be possible. The product voucher may not be combined with other promotions our vouchers. If the credit amount on the product voucher shall not be sufficient for the order, the balance may be settled through any other payment modes offered. Partial redemption shall be possible, any residual value shall be kept on the product voucher. The product voucher is transferable and valid for two years after the issue date. Product vouchers may not be copied, edited, or manipulated. In case of loss, theft, or illegibility of product vouchers or in case of any typos with the Email address of a product voucher of a recipient we do not assume any liability and cannot not replace the voucher. In the event of liquidation of the company, we shall be released from the obligation to pay consideration.

13. We collect and store data of our customers necessary for processing the business transaction. We adhere to applicable laws then processing personal data. Details are set out in our Data Protection Statement that you can retrieve online. You can always obtain information on your personal data that we have stored. You consent that communication regarding the agreement may be done electronically. 

14. We do not participate in any alternative dispute resolution schemes with a consumer arbitration panel and are not required to do so. 

15. The conclusion of this Agreement is made in either English or German. The order text will not be stored and may not be retrieved after completion of the ordering process. However, you may print out your ordering data directly after sending of the order. 

16. These terms and conditions and the entire legal relationship between us and our counterparts shall be governed by the laws of the Federal Republic of Germany excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and the provisions of German Private International Law. 

17. If you are a business person and have your registered office in Germany at the time of the order, the exclusive place of jurisdiction is the registered office of the seller, Hamburg. Otherwise, the applicable statutory provisions shall apply to the local and international jurisdiction.

18. Our address for objections and other legal notices and the address for summons shall be: HOOPR c/o Sebastian Bernhard, Mühlendamm 2, 22087 Hamburg, Germany

19. If general terms and conditions have not become part of the contract in whole or in part or are ineffective, the remainder of the contract shall remain effective.

 DATA PROTECTION STATEMENT 

All data processing procedures (e.g. collection, processing, and transfer) are carried out by us in accordance with applicable laws. Your data necessary for processing the business transaction will be stored and made available to the service provider retained by us only to the extent necessary for order and payment. Moreover, address and ordering data will be collected and processed by us for marketing purposes only. We can further assure you that your address data will for not be disseminated to third parties for marketing purposes. 

Notice: You may always object to the use, the processing and transfer of your personal data for marketing purpose through informal notice sent by regular mail to HOOPR c/o Sebastian Bernhard, Mühlendamm 2, 22087 Hamburg or Email to contact@hoopr-store.com. This shall certainly not apply to data necessary for processing your order. Upon receipt of your objection we will no longer use, process, and transfer the relevant data for any purpose other than the processing your order and will cease to send to you our catalogues and other marketing material. 

1. The terms set out below shall apply to all orders that we accept and execute through online shop with end consumers. „End consumer“ as used in our terms and conditions shall pursuant to § 13 of the German Civil Code mean any individual entering into a legal transaction that may not be mainly attributed to a commercial business or a self-employed business. 

2. Unless specified otherwise your may order all products of our online ship through the website www.hoopr-store.com. All product offers listed therein are without obligation are no offers in a legal sense. If you have made your choice, placed the selected products into the product basket, have ticked the box „Accept Terms and Conditions“ and have sent away your order by clicking the button „Binding Order“ then you have placed a legally binding offer to the conclusion of a sale and purchase agreement regarding the products that you have ordered. Prior to sending you may always remove or add products to your product basket. Upon receipt of your order you will receive an automatically generated summary of your order. This is a non-binding confirmation receipt to let you know that you order has been duly received and which products you have ordered. Only upon our order confirmation or any subsequent delivery a legally binding sale and purchase agreement shall have been concluded. 

3. Through sending your order and your registration with our online shop you assure that all information provided therein, particularly name, Email address, account information is accurate. Please notify us immediately of any changes. 

4. All prices indicated in our online shop are end consumer prices where statutory VAT is excluded to § 19 Subsect. 1 of  the German Law of Value Added Tax. 

5. For any order and shipment address to EU countries exceeding an order value of 100 EUR we do not charge a contribution to shipment costs. If we, due to technical reasons are shipping your order in several batches we will certainly charge any contribution to shipment costs only once. 

6. You may pay your order through the following modes. Through SEPA standard direct debit mandate you authorize us to retract the invoice amount from your bank account. The authorisation is valid for future invoices also but may be revoked at any time. The debit to the account that you have specified will be placed upon dispatch of your order to the transport agent. Prepayments or advance payments will be debited upon receipt of the order. The deadline for advance notice will be reduced to five working days. You pay through PayPal, Visa or Master Card in advance. All personal data will be transferred through SSL encryption. In case of overdue payments, we may charge default interest of 5 % above the base rate (§ 247 German Civil Code). We have the right to prove that a significantly higher loss has been caused. 

7. Unless specified otherwise, delivery will be made through parcel service. We may to a reasonable extent make partial shipments. Should any of the products that you have ordered not be available at all or not in time due to reasons beyond our control we reserve the right to cancel your order of such item. We will immediately inform you thereof and refund any purchase price that you have advanced therefor. 

8. You have the RIGHT TO REVOCATION of this Agreement within fourteen days (14) without giving reasons. The revocation term shall be fourteen (14) days starting at the date at which you or any third party designated by you (other than the delivery agent) shall have taken possession of the product. To exercise your right of revocation you must inform us (HOOPR c/o Sebastian Bernhard, Mühlendamm 2, 22087 Hamburg, Germany, Email address: contact@hoopr-store.com) through explicit notice (e.g. letter sent by ordinary mail or Email) about your decision to revoke this Agreement. You may use the revocation form which we attached hereto but this is not required. To meet the deadline for revocation, it shall be sufficient that you send away the notice on the revocation of this Agreement prior to expiry of the revocation deadline. If you revoke this Agreement, we must refund to you all payments that we have received from you including the costs of delivery (except those incremental costs that have been caused by your selection of a delivery mode different from the cheapest standard mode offered by us) immediately, however, no later than by fourteen (14) days after the date at which we have received your notice of revocation of this Agreement. For such refund, we shall use the same payment mode that you have used for payment of the original transaction unless we have expressly agreed otherwise with you; in no event, we will change any fees for the refund. We may refuse the refund until we have received the product back or have you have proved that you have returned the product, whichever is the earlier. You must immediately, in any case no later than fourteen days after the date at which you have notified us on your revocation of this Agreement, return the goods to us. To meet the deadline, it shall be sufficient that you send away the products prior to expiry of the deadline.You must cover the costs of the return of the product. You must return the product(s) unwashed, unworn, and in new condition with all original components and tags still intact. You shall be responsible for any deterioration of the product only if such deterioration has been caused by any treatment exceeding the orderly examination of the condition, characteristics, and functionality of the product. END OF REVOCATION RIGHT.

9. NO REVOCATION RIGHT exists according to § 312g subsect. 2 German Civil Code, amongst others, for agreements regarding delivery of products that are not prefabricated and where its manufacturing is mainly based on an individual selection or a specification of the customer and for agreements for delivery of goods with minimal shelf life or where the shelf life has expired, and the revocation right is forfeited for agreements regarding delivery of sealed products which, for reasons of health protection or hygiene are not suitable for return or if the seal has been removed after delivery, or for agreements regarding delivery of sound or video recordings or computer software in a sealed packaging if the seal has been removed after delivery.

10. We shall retain ownership title for the shipped products until payment has been made in full. 

11. If any products should have evident defects or manufacturing faults including any damages caused by transport, please immediately notify these faults to us or to the individual delivering the product on behalf of the delivery company. Failure to raise such objection is, however, of no adverse effect to your rights. To all defects of the purchased product arising during the warranty period the legal remedies shall apply which shall, depending on your selection, include the legal right to subsequent performance, curing of fault/new delivery and – if the requisite legal requirements are met – further rights to abatement or rescission of contract and also to compensation of losses including the right to demand compensation in lieu of completion and refund of useless expense. Our manufacturers guarantee the trustworthiness of their products. Please refer to the descriptions in the catalogue or the user manuals for the warranty terms. Should we undertake to provide you with a seller’s warranty please refer the warranty terms and conditions for any details which have been attached to delivered articles. Warranties are valid without prejudice other to legal remedies/claims.   

12. Notwithstanding applicable provisions of law, our liability to compensation of losses is subject to the following disclaimers and qualifications:
Subsect. 1: We shall be liable for wilful misconduct or gross negligence. For simple negligence we shall be liable only in case of violation of an obligation the compliance with which is as essential prerequisite for orderly performance of this Agreement and on the due performance of which the counterpart can reasonably rely (so-called „key obligations“). Apart therefrom, we do not assume any liability for losses of any kind, irrespective of the legal basis therefor which shall also include also any pre-contractual liability.
Subsect. 2: If we shall be liable for simple negligence according to subsect. 1 above, our liability shall be limited to losses the occurrence of which we could have reasonable foreseen based on the situation known to us upon conclusion of this Agreement.
Subsect. 3: The above liability provisions do not apply if we have issued a guarantee for the characteristics of a product or for damages that are to be compensated pursuant to the Product Liability Act or for losses/damages regarding life, physical integrity or health or for remedies based on applicable laws.

Subsect. 4: The above disclaimers apply also to the benefit of our employees, agents and other third parties we have retained for the execution of this Agreement.

13. You may redeem with us any product vouchers (vouchers that you have purchased) for the purchase of products. They may, however, not be used for purchasing other vouchers. The currency of issue and the currency of redemption must be identical. The credit amount of a voucher is expressed in Euro and does not carry interest. A cash redemption is not possible. Electronic vouchers shall be issued in pdf format and must only be paid by credit card. A redemption after receipt of the order or any other subsequent redemption shall not be possible. The product voucher may not be combined with other promotions our vouchers. If the credit amount on the product voucher shall not be sufficient for the order, the balance may be settled through any other payment modes offered. Partial redemption shall be possible, any residual value shall be kept on the product voucher. The product voucher is transferable and valid for two years after the issue date. Product vouchers may not be copied, edited, or manipulated. In case of loss, theft, or illegibility of product vouchers or in case of any typos with the Email address of a product voucher of a recipient we do not assume any liability and cannot not replace the voucher. In the event of liquidation of the company, we shall be released from the obligation to pay consideration.

14. We collect and store data of our customers necessary for processing the business transaction. We adhere to applicable laws then processing personal data. Details are set out in our Data Protection Statement that you can retrieve online. You can always obtain information on your personal data that we have stored. You consent that communication regarding the agreement may be done electronically. We do not participate in any alternative dispute resolution schemes with a consumer arbitration panel and are not required to do so. 

15. The conclusion of this Agreement is made in either English or German. The order text will not be stored and may not be retrieved after completion of the ordering process. However, you may print out your ordering data directly after sending of the order. 

16. These terms and conditions and the entire legal relationship between us and our counterparts within the EU shall be governed by the laws of the Federal Republic of Germany excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and the provisions of German Private International Law. 

17. If you are a business person and have your registered office in Germany at the time of the order, the exclusive place of jurisdiction is the registered office of the seller, Hamburg. Otherwise, the applicable statutory provisions shall apply to the local and international jurisdiction.

18. Our address for objections and other legal notices and the address for summons shall be: HOOPR c/o Sebastian Bernhard, Mühlendamm 2, 22087 Hamburg, Germany

19. If general terms and conditions have not become part of the contract in whole or in part or are ineffective, the remainder of the contract shall remain effective.

 DATA PROTECTION STATEMENT 

All data processing procedures (e.g. collection, processing, and transfer) are carried out by us in accordance with applicable laws. Your data necessary for processing the business transaction will be stored and made available to the service provider retained by us only to the extent necessary for order and payment. Moreover, address and ordering data will be collected and processed by us for marketing purposes only. We can further assure you that your address data will for not be disseminated to third parties for marketing purposes. 

Notice: You may always object to the use, the processing and transfer of your personal data for marketing purpose through informal notice sent by regular mail to HOOPR c/o Sebastian Bernhard, Mühlendamm 2, 22087 Hamburg, Germany or Email to contact@hoopr-store.com. This shall certainly not apply to data necessary for processing your order. Upon receipt of your objection we will no longer use, process, and transfer the relevant data for any purpose other than the processing your order and will cease to send to you our catalogues and other marketing material.