§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods including digital content (data that is created and made available in digital form).
(2) As soon as the respective product is placed on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the „shopping cart“. You can use the corresponding button in the navigation bar to call up the „shopping cart“ and make changes there at any time.
After calling up the „Checkout“ page and entering your personal data as well as the terms of payment and shipping, the order data will then be displayed as an order overview.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Sofortüberweisung) as the payment method, you will either be taken to the order overview page in our online shop or redirected to the website of the provider of the instant payment system.
If you are forwarded to the respective instant payment system, make the appropriate selection or enter your data there. Finally, on the website of the provider of the instant payment system or after you return to our online shop
were routed, the order data is displayed as an order overview.
Before sending the order, you have the option of checking the details in the order overview again, changing them (also using the „back“ function of the Internet browser) or canceling the order.
By sending the order via the corresponding button („order with obligation to pay“ or similar designation), you declare your acceptance of the offer in a legally binding manner, whereby the contract is concluded.
(4) Your requests for the preparation of an offer are non-binding for you. We will make you a binding offer in text form (e.g. by e-mail), which you can accept within 5 days (unless a different period is stated in the respective offer).
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract takes place via e-mail, in some cases automatically. You must therefore ensure that the e-mail address you have given us is correct, that the receipt of the e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
§ 3 License of use for digital content
(1) The digital content offered is protected by copyright. You will receive a usage license from the respective licensor for every digital content purchased from us. The type and scope of the license to use result from the license terms specified in the respective offer.
§ 4 Individually designed goods
(1) You provide us with the appropriate information, texts or files required for the individual design of the goods via the online ordering system or by e-mail immediately after the conclusion of the contract at the latest. Any of our specifications for file formats must be observed.
(2) You undertake not to transmit any data whose content infringes the rights of third parties (in particular copyrights, naming rights, trademark rights) or violates existing laws. You expressly release us from all third-party claims asserted in this context. This also applies to the costs of the legal representation required in this context.
(3) We do not check the transmitted data for correctness of content and assume no liability for errors in this respect.
§ 5 Right of retention, retention of title
(1) You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 6 Warranty
(1) The statutory warranty rights apply.
(2) As a consumer, you are asked to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. Don’t follow that
this has no effect on your statutory warranty claims.
(3) If a feature of the goods deviates from the objective requirements, the deviation is only deemed to have been agreed if you were informed by us of the same before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
§ 7 Choice of Law
(1) German law applies. For consumers, this choice of law only applies insofar as the protection provided by mandatory provisions of the law of the state of the consumer’s habitual residence is not withdrawn (principle of favourability).
(2) The provisions of the UN Sales Convention expressly do not apply.
II. Customer Information
Identity of the seller
Nadine Hugendubel
Prince Fritzi Avenue, 15
78166 Donaueschingen
Germany
Telephone: 077160240368
Email: info@howana-reitsportartikel.de
Alternative Dispute Resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), which can be accessed at
https://ec.europa.eu/odr.Information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the regulations „Conclusion of the contract“ in our General Terms and Conditions (Part I.).Contract language, contract text storage
3.1. Contract language is German.
3.2. We do not save the full text of the contract. Before sending the order via the online shopping cart system, the contract data can be printed out or saved electronically using the print function of the browser. After we have received the order, the order data, the information required by law for distance contracts and the General Terms and Conditions will be sent to you again by email.
3.3. If you request an offer outside of the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g. by e-mail, which you can print out or save electronically.Codes of Conduct
4.1. We have subjected ourselves to the buyer seal quality criteria of Händlerbund Management AG, which can be viewed
at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertigungsbedingungen.pdf.Essential characteristics of the goods or service
5.1 The essential features of the goods and/or service can be found in the respective offer.Prices and payment methods
6.1. The prices listed in the respective offers and the shipping costs represent total prices. They include all price components including all applicable taxes.
6.2. The shipping costs are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you in addition, unless free delivery has been promised.
6.3. If delivery is made to countries outside the European Union, additional costs for which we are not responsible may be incurred, such as customs duties, taxes or money transfer fees (bank transfer or exchange rate fees), which you must bear.
6.4. You have to bear the costs incurred for the money transfer (bank transfer or exchange rate fees) in cases where the delivery is made to an EU member state but the payment was made outside the European Union.
6.5. The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.
6.6. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.Terms of Delivery, Provision
7.1. The delivery conditions, the delivery date and any existing delivery restrictions as well as the conditions for the provision of digital content can be found under a correspondingly designated button on our website or in the respective offer.
7.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold during shipment only passes to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the contractor or another person responsible for carrying out the shipment.
7.3 Delivery and Service Delays
Delivery and service delays due to force majeure and due to extraordinary and unforeseeable events, which we cannot prevent even with the utmost care and for which we are not responsible (this includes in particular strikes, official or court orders and cases of incorrect or improper self-delivery despite the corresponding hedging transaction) entitle us to postpone the delivery for the duration of the impeding event.Statutory liability for defects
Liability for defects is based on the „Warranty“ provision in our General Terms and Conditions (Part I).
These terms and conditions and customer information were created by the Händlerbund’s lawyers, who specialize in IT law, and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. You can find more information on this at: https://www.haendlerbund.de/de/dienstleistungen/rechtssicherheit/agbservice.
last update: 01.01.2022Cancellation policy for consumers in distance contracts
Right of withdrawal
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods/the last goods.
In order to exercise your right of withdrawal, you must send us (Howana, Ms. Nadine Hugendubel, Prinz-Fritzi-Allee 15, 78166 Donaueschingen, telephone: +49 176 84418307, e-mail: howana@gmx.de) a clear statement (e.g. a letter sent by post or e-mail) about your decision to withdraw from this contract. You can use the attached sample revocation form for this, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
– End of revocation –
Exclusion of the right of withdrawal
The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer. Likewise, there is no right of withdrawal for contracts for the delivery of goods that can spoil quickly or whose expiry date would be exceeded quickly.
Voluntary return guarantee
We grant you an extended return guarantee for your purchases from our range, which goes 16 days beyond the statutory 14-day cancellation period. You can therefore withdraw from the contract even after the 14-day cancellation period has expired by sending the goods back to us within 30 days of receipt (beginning of the period on the day after receipt of the goods), provided that the goods are complete and in their original packaging and are in an unused condition and undamaged condition. Also, it must not be about goods that are specially made according to customer specifications and are therefore individual. The timely dispatch to the address given in the cancellation policy is sufficient to meet the deadline.
Consequently, the contractually granted voluntary return guarantee does not affect your legal rights and claims. In particular, your statutory right of withdrawal and your statutory warranty rights remain unrestricted.
10. Your Posts
10.1 Abusive Posts
We will disable or delete abusive content or posts without notice. Such content designs are given, for example, in the following cases:
– to send spam,
– to send and save content that is infringing, obscene, threatening, insulting or otherwise violates the rights of third parties,
– to send and store viruses, worms, Trojan horses and harmful computer codes, files, scripts, agents or programs,
– to upload programs that are likely to disrupt, impair or prevent operation,
– attempting to gain unauthorized access to our Service or any module, system or application, or to allow any third party to do so,
– Content that glorifies violence, is pornographic, or is otherwise objectionable or criminal.
In the event of recurring violations, we reserve the right to block or delete your account. Payments already made cannot be refunded in this case. The right to extraordinary termination remains unaffected.
10.2 Content Use
By placing content in the database, you grant us the right to use this content for an unlimited period of time for the placement and provision in the database and for retrieval and storage by third parties, in particular to store, reproduce, make available, transmit, to link and publish. This can also be done through or in the form of advertising material (in particular links to social networks, use for commercials, use for your own website or in printed form, etc.) by us or by third parties. Here, the author explicitly waives his name. Furthermore, we have the right to edit the content, especially if it does not meet the above requirements of these terms.
11. Rating
11.1 General
We give you the opportunity to evaluate the offers and services of our providers. You are obliged to provide the information to the best of your knowledge and belief. Submitted ratings can be checked by us editorially for their admissibility. We are entitled, but not obliged, to publish reviews on our website and make them visible to all users.
11.2 Abusive or Unlawful Reviews
Abusive or unlawful reviews will be deactivated or deleted by us without prior notice. Such are the case, in particular, if false, insulting or other infringing information is provided, or if the ratings are misused as advertising space.
Alternative Streitbeilegung gemäß Art. 14 Abs. 1 ODR-VO und § 36 VSBG:
Die Europäische Kommission stellt eine Plattform zur Online-Streitbeilegung (OS) bereit, die du unter https://ec.europa.eu/consumers/odr findest. Wir sind bereit, an einem außergerichtlichen Schlichtungsverfahren teilzunehmen.