Terms of service
GENERAL TERMS AND CONDITIONS
1. Scope
The following terms and conditions are an integral part of every contract concluded between us (hereinafter “we”), out loud UG (haftungsbeschränkt), Bismarckstein 1, 22587 Hamburg, and you via our online store. These terms and conditions apply to consumers (Section 13 BGB) and entrepreneurs (Section 14 BGB).
A consumer (Section 13 BGB) is any natural person who concludes a legal transaction with us for a purpose that cannot be attributed to their commercial or independent professional activity.
An entrepreneur (§ 14 BGB) is a natural or legal person or a partnership with legal capacity who or which, when entering into a legal transaction with us, acts in exercise of his or its trade, business or profession.
2. Conclusion of contract; delivery
(1) The presentation of our goods on our website www.theweeks.de does not constitute a binding offer on our part.
3. Our liability
Unless otherwise agreed below, our goods are subject to statutory liability for defects:
(1) We shall be liable - irrespective of the legal grounds - for damages or compensation for futile expenses in accordance with the following provisions under lit. (a) and (b) below:
(a) In the event of intent and gross negligence, we shall be liable without limitation. In the event of simple negligence, we shall only be liable for damages arising from the breach of a material contractual obligation (obligation whose fulfillment is essential for the proper execution of the contract and on whose compliance you regularly rely and may rely); in this case, however, our liability is limited to compensation for the foreseeable damage typical for the contract.
(b) The exclusions and limitations of liability resulting from letter (a) shall not apply if we have fraudulently concealed a defect or have assumed a guarantee for the quality of the item, for damages resulting from injury to life, body or health, as well as in the case of liability under the Product Liability Act.
(2) Insofar as liability towards us is excluded or limited, this also applies to the personal liability of our legal representatives and vicarious agents.
(3) If you are an entrepreneur, the warranty period for new goods is limited to one year.
4. Retention of title
The goods remain our property until full payment has been made.
5. Discount codes and vouchers
(1) We offer one or more voucher programs (hereinafter “vouchers”) and/or discount codes (hereinafter “discounts”) at various times and under various conditions. There is no entitlement to receive such vouchers/discounts. The value of the vouchers/discounts depends on the current conditions of the voucher/discount at the time of issue.
(2) Our vouchers/discounts are subject to an expiry period. The expiry period can be found in the respective voucher/discount. If a voucher/discount does not contain an expiration date, it can be redeemed at the latest by the end of the third year after the date of issue; after that, they lose their validity.
(3) The vouchers/discounts are subject to the following conditions, unless otherwise agreed:
(a) Vouchers/discounts are non-transferable;
(b) The voucher/discount must be redeemed at the time of ordering. Subsequent crediting is not possible;
(c) Vouchers and/or discounts cannot be combined.
(4) The vouchers/discounts can only be redeemed in the country in whose currency the price is quoted.
6. Consumer arbitration
We do not participate in dispute resolution proceedings before a consumer arbitration board and are not obliged to do so.
7. Final provisions
(1) If you place the order as an entrepreneur, German law applies. The United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980 (CSIG) does not apply.
(2) If you place the order as a merchant, a legal entity under public law or a special fund under public law, if you do not have a general place of jurisdiction in Germany or if you move your place of business abroad after conclusion of the contract, the place of jurisdiction for all disputes arising from the business relationship between us and you shall be our registered office. Mandatory statutory provisions on exclusive places of jurisdiction remain unaffected.
(3) Should individual provisions of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions.
2. WITHDRAWAL POLICY FOR CONSUMERS
1. Right of withdrawal
You have the right to cancel your contract within fourteen days without giving any reason.
The withdrawal 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 first goods.
To exercise your right of withdrawal, you must inform out loud UG, Bismarckstein 1, 22587 Hamburg, e-mail: support@theweeks.de, phone: +49 30 62930175, of your decision to withdraw from the contract by an unequivocal statement.
To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
2. Consequences of withdrawal
If you withdraw from your contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), at the latest within fourteen days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. We may withhold reimbursement until we have received the goods back or until you have supplied evidence of having sent back the goods, whichever is the earliest.
You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You shall bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.
3. Notification of your return
If you wish to return something or if something has gone wrong with your order, please notify support@theweeks.de of your return by email, stating your order number and, if you wish, a reason for the return.
1. Scope
The following terms and conditions are an integral part of every contract concluded between us (hereinafter “we”), out loud UG (haftungsbeschränkt), Bismarckstein 1, 22587 Hamburg, and you via our online store. These terms and conditions apply to consumers (Section 13 BGB) and entrepreneurs (Section 14 BGB).
A consumer (Section 13 BGB) is any natural person who concludes a legal transaction with us for a purpose that cannot be attributed to their commercial or independent professional activity.
An entrepreneur (§ 14 BGB) is a natural or legal person or a partnership with legal capacity who or which, when entering into a legal transaction with us, acts in exercise of his or its trade, business or profession.
2. Conclusion of contract; delivery
(1) The presentation of our goods on our website www.theweeks.de does not constitute a binding offer on our part.
3. Our liability
Unless otherwise agreed below, our goods are subject to statutory liability for defects:
(1) We shall be liable - irrespective of the legal grounds - for damages or compensation for futile expenses in accordance with the following provisions under lit. (a) and (b) below:
(a) In the event of intent and gross negligence, we shall be liable without limitation. In the event of simple negligence, we shall only be liable for damages arising from the breach of a material contractual obligation (obligation whose fulfillment is essential for the proper execution of the contract and on whose compliance you regularly rely and may rely); in this case, however, our liability is limited to compensation for the foreseeable damage typical for the contract.
(b) The exclusions and limitations of liability resulting from letter (a) shall not apply if we have fraudulently concealed a defect or have assumed a guarantee for the quality of the item, for damages resulting from injury to life, body or health, as well as in the case of liability under the Product Liability Act.
(2) Insofar as liability towards us is excluded or limited, this also applies to the personal liability of our legal representatives and vicarious agents.
(3) If you are an entrepreneur, the warranty period for new goods is limited to one year.
4. Retention of title
The goods remain our property until full payment has been made.
5. Discount codes and vouchers
(1) We offer one or more voucher programs (hereinafter “vouchers”) and/or discount codes (hereinafter “discounts”) at various times and under various conditions. There is no entitlement to receive such vouchers/discounts. The value of the vouchers/discounts depends on the current conditions of the voucher/discount at the time of issue.
(2) Our vouchers/discounts are subject to an expiry period. The expiry period can be found in the respective voucher/discount. If a voucher/discount does not contain an expiration date, it can be redeemed at the latest by the end of the third year after the date of issue; after that, they lose their validity.
(3) The vouchers/discounts are subject to the following conditions, unless otherwise agreed:
(a) Vouchers/discounts are non-transferable;
(b) The voucher/discount must be redeemed at the time of ordering. Subsequent crediting is not possible;
(c) Vouchers and/or discounts cannot be combined.
(4) The vouchers/discounts can only be redeemed in the country in whose currency the price is quoted.
6. Consumer arbitration
We do not participate in dispute resolution proceedings before a consumer arbitration board and are not obliged to do so.
7. Final provisions
(1) If you place the order as an entrepreneur, German law applies. The United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980 (CSIG) does not apply.
(2) If you place the order as a merchant, a legal entity under public law or a special fund under public law, if you do not have a general place of jurisdiction in Germany or if you move your place of business abroad after conclusion of the contract, the place of jurisdiction for all disputes arising from the business relationship between us and you shall be our registered office. Mandatory statutory provisions on exclusive places of jurisdiction remain unaffected.
(3) Should individual provisions of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions.
2. WITHDRAWAL POLICY FOR CONSUMERS
1. Right of withdrawal
You have the right to cancel your contract within fourteen days without giving any reason.
The withdrawal 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 first goods.
To exercise your right of withdrawal, you must inform out loud UG, Bismarckstein 1, 22587 Hamburg, e-mail: support@theweeks.de, phone: +49 30 62930175, of your decision to withdraw from the contract by an unequivocal statement.
To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
2. Consequences of withdrawal
If you withdraw from your contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), at the latest within fourteen days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. We may withhold reimbursement until we have received the goods back or until you have supplied evidence of having sent back the goods, whichever is the earliest.
You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You shall bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.
3. Notification of your return
If you wish to return something or if something has gone wrong with your order, please notify support@theweeks.de of your return by email, stating your order number and, if you wish, a reason for the return.