§ 1 Scope
For the business relations between HEY-U and the orderer, the following General Terms and Conditions of Business exclusively apply in the version valid at the time of the order. HEY-U does not accept any deviating conditions by the orderer unless HEY-U would have given its expressed written consent to their validity. HEY-U is the trade name for HEY-U Entertainment GmbH.
§ 2 Conclusion of a contract
Your order constitutes an offer to conclude a contract of sale with us. An actual contract of sale will only be concluded on receipt of your payment (you may choose between advance payment via bank transfer or credit card payment via PayPal),
When we ship the ordered product to you and when we confirm the shipment by a second e-mail (shipment confirmation). No contract of sale is concluded for products from the same order that are not listed in the shipment confirmation. The contracting party is the HEY-U Entertainment GmbH.
HEY-U does not offer any products for sale to minors. Our products for children also may only be bought by adults.
Please note that all products are only sold by us in reasonable household quantities.
§ 3 Cancellation
You may cancel your contract declaration within two weeks in writing without giving any reasons (e.g. via letter or e-mail) or by sending the goods back. The time period begins when the goods are received and not before you have received these instructions. To honour the cancellation period, it is sufficient to send the cancellation or goods in due course. Any cancellation has to be addressed to:
HEY-U Entertainment GmbH
Speisingerstrasse 121-127
A-1230 Vienna
or online at webschop@hey-u-com
Returned goods should be sent to the following address:
HEY-U Entertainment GmbH
Speisingerstrasse 121-127
A-1230 Vienna
(Please note: Returned goods are only to be sent to the return address!)
Consequences of cancellation:
In the case of an effective cancellation, the services received by both parties have to be returned and any benefits (e.g. interest) have to be reimbursed. If you cannot return the received services in whole, in part or only in a worsened condition, you may have to pay damages to the extent required. This does not apply to the permission of use for certain goods if the worsening of the goods is exclusively due to their examination, as it would have been possible for you e.g. in a conventional salesroom.
However, you can avoid the obligation to compensate any loss of value if you do not accept the goods as an owner and avoid any kind of action that could affect their value. If up to 40 Euros’ worth of goods delivered are returned within 14 days, you have to carry the costs of the return shipment if the goods delivered correspond to the goods ordered. In all other cases, returning the goods within 14 days is free of charge for you.
§ 4 Delivery
Unless otherwise provided, delivery is made from HEY-U’s warehouse to the delivery address provided by the orderer. Any information on the delivery time is not binding, unless the delivery date has been definitely agreed on by way of exception.
Opening the product packaging of CDs and DVDs obligates the purchaser to purchase the goods, and in this case, HEY-U is exempted from any relevant obligation to take the goods back.
If HEY-U is not able to deliver the goods ordered without its own fault because HEY-U’s supplier has not fulfilled its contractual obligations, HEY-U will be entitled to the right to cancel the contract with the orderer. In such a case, the orderer will be immediately notified that the product ordered is not available. The legal rights of the orderer remain unaffected.
If delivery to the orderer is not possible because the orderer is not resident at the delivery address provided, although the orderer was notified of the time of delivery within a reasonable period of time in advance, the orderer will have to carry the costs of the unsuccessful delivery.
§ 5 Payment date, payment, and delay in payment
The orderer may pay the purchase price in advance or by credit card (via PayPal). If the orderer is delayed in payment, HEY-U shall be entitled to charge interest on arrears in the amount of 5% p.a. more than the base interest rate announced by the European Central Bank. If HEY-U can prove that more damage has been caused due to a delay in payment, HEY-U shall be entitled to demand appropriate compensation.
§ 6 Offset, withheld delivery
The orderer is only entitled to offset payments if his/her counterclaims are legally final and absolute or undisputed by HEY-U. Apart from that, s/he is only entitled to the right to withhold delivery to the extent that an existing counterclaim is based on the same contractual relationship.
§ 7 Reservation of ownership
The goods delivered remain within the ownership of HEY-U until full payment is made.
§ 8 Liability for defects
In case of a defect of the good purchased, the relevant legal provisions apply. Any assignment of these claims of the orderer is excluded.
Unless otherwise provided below, any further claims of the orderer are excluded, irrespective of their legal grounds. HEY-U shall not be liable for damage not caused to the delivered object itself. In particular, HEY-U shall not be liable for lost profits or any other financial damage of the orderer. To the extent the contractual liability of HEY-U is excluded or restricted, the same also applies to the personal liability of employees, representatives and auxiliary persons.
The above-mentioned liability restrictions do not apply if the cause of damage is due to premeditation or gross negligence, or in case of personal injury. Furthermore, it does not apply if the orderer lodges claims based on legal regulations.
If HEY-U violates any significant contractual obligation due to culpable negligence, the duty of compensation for damage to property is limited to the typically caused damage.
If the supplementary performance takes place in the form of a substitute delivery, the orderer shall be obligated to send the delivered goods back to HEY-U within 30 days at the expense of HEY-U. Returning defective goods has to take place according to the relevant legal provisions. HEY-U reserves the right to claim damages according to the relevant legal terms and conditions.
The statute of limitations is twelve months from the time of delivery.
§ 9 Collection, processing and usage of personal information about our clients
Information we receive from you helps us to individualise your shopping and to constantly improve it. We use this information for processing orders, for delivering goods and for providing services as well as for the transaction of payments. We also use this information to communicate with you about orders, products, services and marketing offers, as well as to update our datasets and to maintain and update your client accounts. We also use your information to improve our platform, to prevent misuse of our website or to discover such misuse, or to allow third parties to provide technical, logistic or other services on our behalf.
For more information on the type, scope, place and purpose of the collection, processing and usage of personal data required for processing orders, for registering to the e-mail notification service, and for the transmission of an online review, please see the Data Protection Declaration.
§ 10 Applicable law
Austrian law applies with the exclusion of the UN-purchase law. The place of jurisdiction is Vienna. |