1.1. For all offers, deliveries and services from HOOTS Sensors GmbH (hereinafter”Provider” or “we” called) vis-à-vis consumers or entrepreneurs (”Orderer” or” customer” ), only the following general terms and conditions of the provider apply in the version valid at the time of the order. In addition to the provider's general terms and conditions, there are additional special conditions for individual products and services (e.g. terms of use). The customer is made aware of the validity of these additional conditions.
1.2. Divergent, conflicting or supplementary general terms and conditions of the customer do not become part of the contract, even if the provider does not expressly object to them or the customer refers to them when ordering. The customer's contractual terms do not apply even if the provider, in knowledge of these contractual terms, accepts the customer's services without reservation, but only if the provider has expressly agreed to their validity in writing.
2.1. Unless expressly stated otherwise, the provider and contractual partner is
HOOTS Sensors GmbH, Fabrikstraße 27, 01445Radebeul
(Commercial register: Dresden District Court, HRB 36838)
Phone: +49 351 810 810 27
email: info@hoots.de
2.2. For any questions, complaints or other concerns about our offers or contracts with you, please contact our customer service Monday to Friday from 9 a.m. to 4 p.m. at (0351) 810 810 27 and by e-mail at info@hoots.de.
The use of our customer service is generally free of charge, only the charges that you incur when using the means of remote communication.
The presentation and description of the goods, offers and other services (product) on the website or in other descriptions does not represent a legally binding offer to conclude a contract, but serves to make a binding offer by the customer.
A contract between the provider and the customer can be concluded via the websites (Section 3.1.) or upon individual request from the customer, e.g. by telephone, e-mail, fax or letter (Section 3.2.).
There is no right to conclude a contract.
3.1.1. Once you have found the desired product, you can take a closer look at it by clicking on the product name or the product image and add it to the virtual shopping cart by clicking on the “ADD TO SHOPPING CART” button. This process is non-binding.
3.1.2. You can view the contents of the shopping cart at any time without obligation by clicking on the “VIEW SHOPPING CART” button and remove the products displayed there from the shopping cart by clicking on the “delete” button. If you want to buy the products in the shopping cart, click on the “COMPLETE” or “CHECKOUT” button on the “Shopping Cart” page.
3.1.3. Before you initiate the ordering process, you can choose whether you want to create a customer account or place an order only by entering the necessary data. The information, which is only optional, is marked accordingly. During the ordering process, you can choose a billing address different from the delivery address and select the payment method. The customer can correct all of his data, including the goods from the shopping cart, in the respective input fields or via the back button on his browser. By pressing the “ORDER FOR A FEE” button, the customer submits a binding purchase offer for the items contained in the shopping cart (purchase offer/ order). The provider will immediately confirm receipt of his binding purchase offer/order to the customer by e-mail (confirmation of receipt). This confirmation of receipt does not yet represent a binding acceptance of the customer's order.
3.1.4. A contract with the provider is only concluded upon acceptance of the offer by the provider. The provider can accept the customer's offer within eight working days by either sending the customer an order confirmation (in writing, by fax or e-mail), in which case receipt of the order confirmation by the customer is decisive, or by delivering the ordered goods to the customer, in which case receipt of the goods by the customer is decisive, or by asking the customer to pay after submitting his order. Upon acceptance, the contract is validly concluded.
If there are several of the above alternatives, the contract is concluded at the time when one of the above alternatives occurs first. The period for accepting the offer begins on the day after the offer has been sent by the customer and ends with the expiration of the eighth working day following the sending of the offer. If the provider does not accept the customer's offer within the above period, this is considered a rejection of the offer with the result that the customer is no longer bound by it and the supplier can freely dispose of the goods again.
3.2.1. When ordering by telephone or by e-mail, fax or letter, our products are ordered using the form of communication chosen by the customer. For this purpose, the customer can send a non-binding request to the provider by telephone, fax, e-mail, post or via the online contact form available on the provider's website. At the customer's request, the provider sends the customer in text form (e.g. by e-mail, fax or letter), a binding offer to sell the goods previously selected by the customer from the supplier's range of goods.
3.2.2. A contract with the provider and thus a contractual commitment for the individual products is only concluded upon acceptance of the offer by the customer. The customer can accept the supplier's offer within the period specified in the offer, either by sending the supplier a corresponding order confirmation (in writing, by fax or e-mail), in which case receipt of the order confirmation by the supplier is decisive, or by the customer paying for the ordered goods. Upon acceptance, the contract is validly concluded.
3.2.3. The acceptance period starts from receipt of the offer by the customer, although the date of receipt of the offer is not included in the calculation of the deadline. If the customer does not accept the supplier's offer within the aforementioned period, the supplier is no longer bound to his offer and can dispose of the goods freely again.
Irrespective of an order or acceptance confirmation, a contract and thus a contractual commitment for the individual services with the selected payment method “PayPal” or “credit card” is already concluded when the customer has confirmed the payment instruction to the payment service provider after entering his payment details and, if applicable, further data relating to his authorization.
4.1. The contract text is saved by the provider and sent to the customer, including his order data and the terms and conditions, by e-mail. If the customer has used a user account for the provider's websites when ordering, the customer can also view the contract text and all data relating to his order and previous orders there. In addition, the order data is no longer accessible via the Internet for security reasons.
4.2. Only German and English are available for ordering and as contract language.
5.1. Unless otherwise stated in the product description or offer, the prices quoted are retail prices, include the applicable statutory value added tax rates and generally exclude shipping costs. When ordering via our online shop, the respective shipping costs are shown separately during the ordering process, otherwise on our offer.
5.2. Orders from countries outside the European Union may incur additional costs in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for money transfer by credit institutions (e.g. transfer fees, exchange rates) or import duties or taxes (e.g. customs duties). Insofar as the provider is aware of these costs, these will be shown separately during the ordering process, otherwise on our offer.
5.3. Unless otherwise stated in the ordering process or an invoice, the fees agreed upon conclusion of the contract are due immediately upon conclusion of the contract and are payable without deduction.
5.4. Unless otherwise stated during the ordering process or our offer, the purchase price can be paid either by invoice or in advance. The provider reserves the right to only offer selected payment methods for selected products. Further information and information on the individual payment methods can be found in the corresponding “Payment methods” section on our website.
5.5. If the customer is in default of payment, the provider is entitled to claim statutory default interest in accordance with Section 288 BGB. For every reminder sent to the customer after the default has occurred, the customer may be charged a reminder fee of 2.50 euros. The customer is free to prove that the provider has not incurred any or only significantly lower costs. If the provider has demonstrably suffered higher damage due to delay, the provider is entitled to claim this.
5.6. The customer agrees to send the invoice as an electronic invoice (invoice issued and received in electronic format, e.g. as a PDF document) by e-mail. At its own discretion, the provider can also send the invoice to the customer on paper.
6.1. Unless otherwise stated in the product description, the ordering process or our individual offer, the products are delivered worldwide; within Germany at the latest within Germany within 10 working days, outside Germany within 15 working days at the latest.
6.2. In the case of payment in advance, the period begins on the day after the payment order has been issued to the transferring bank or, in the case of other payment methods, the day after the conclusion of the contract and ends on the expiry of the last day of the period. If the last day of the deadline falls on a Saturday, Sunday or a public holiday recognized by the state at the place of delivery, the next working day takes the place of such day.
6.3. If not all ordered goods are immediately in stock, the supplier is entitled to make partial deliveries, insofar as this is reasonable for the customer.
6.4. The contract is concluded subject to correct and timely self-delivery by our suppliers. However, this reservation only applies in the event that we have concluded a congruent hedging transaction with the supplier and are not responsible for any incorrect or non-delivery. In this case, the provider will immediately inform the customer that the ordered goods are not available within the delivery time and will immediately refund any services already provided.
6.5. In the event of delivery disruptions due to force majeure (e.g. strikes, pandemic and lockouts), the customer and provider's performance obligations are suspended for the period of the delivery disruption.
6.6. If the customer buys as a consumer, the risk of accidental loss and accidental deterioration of the goods is transferred when the goods are handed over to the consumer or a recipient designated by him. This applies regardless of whether the shipment is insured or not. Otherwise, the risk of accidental loss and accidental deterioration of the goods is transferred to the customer upon delivery, in the case of shipment purchase, upon delivery of the goods to the freight forwarder or the person or institution otherwise designated to carry out the shipment.
6.7. The following applies to consumers: If goods are delivered with obvious transport damage, the customer is asked to complain to the respective deliverer as soon as possible and then contact the provider. Failure to make a complaint or contact us has no consequences for the customer's legal claims and their enforcement, in particular warranty rights.
7.1. The delivered goods remain the property of the provider until full payment has been made. In the case of digital content, the corresponding rights of use are only granted revocably until full payment of the fees due in each case.
7.2. Trademarks, company logos, other trademarks or protective notices, copyright notices, serial numbers and other identification features may not be removed or changed either in electronic format or in printouts.
8.1. The provider grants the customer the non-exclusive right to use and process the operating and status data as well as, if applicable, position and movement data collected as part of the contractual use of the goods for the vehicle. Any further granting of rights remains unaffected.
8.2. Apart from the rights of use or other rights granted to the customer in accordance with Section 8.1., the provider does not grant him any further rights of any kind, in particular to the company name and industrial property rights (such as patents, utility models, trademarks, layouts, etc.), nor is the provider obliged to grant the customer such rights.
8.3. The customer grants the provider the non-exclusive right to use and process the operating and condition data collected when using the goods for the vehicle in accordance with the contract, as well as, if applicable, position and movement data in accordance with the provider's product privacy policy. Any further granting of rights remains unaffected.
9.1. If the delivered goods are defective, the provider's warranty is governed by the statutory provisions (§§ 433 ff. BGB).
9.2. The provider is liable to the customer for claims for damages or reimbursement expenses, irrespective of the legal basis (e.g. in case of breach of contract, impossibility or tort), to the following extent:
a) unlimited in accordance with the statutory provisions in the event of intent and gross negligence, in the event of malice, within the framework of a given quality and/or durability guarantee, in the absence of warranted property, in the event of injury to life, limb or health, for claims under the Product Liability Act and for claims arising from fault in contract negotiations that have already arisen at the time of incorporation of these conditions;
b) Liability for slight negligence is excluded unless the provider is fully liable in accordance with point a) or the damage is based on a breach of essential contractual obligations, the fulfilment of which makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner regularly trusts and may rely (so-called cardinal obligations, e.g. contractual performance and delivery). In the event of a breach of such an essential contractual obligation, liability is limited to the damage that the provider typically had to reckon with under the circumstances known at the time of conclusion of the contract. Damages that have not been caused to the goods themselves, in particular lost profit or other financial losses, are typically not reimbursed in this case.
c) If the provider is in default with its performance, it is also fully liable for coincidence as a result of this performance, unless the damage would have occurred even if the service was made on time.
9.3 The above limitation of liability also applies to the liability of employees, representatives, organs, vicarious agents and other third parties that the provider uses to fulfill the contract.
10.1. The customer is only entitled to offset and withhold his services if the relevant counterclaims have been legally established or are undisputed, unless the claims are based on the same legal relationship.
10.2. The restrictions in accordance with Section 10.1 do not apply against consumers to a claim made by the customer for money against the provider and to claims for rescission of the contract which the customer is entitled to following the exercise of a statutory right of withdrawal or as part of the warranty against the provider.
11.1. The provider is entitled to engage third parties in whole or in part to provide the agreed services at any time.
11.2. In addition, the provider may transfer its rights and obligations under this contract to one or more third parties (transfer of contract). In the event that the contract is accepted, the customer is entitled to extraordinarily terminate the contractual relationship within 14 days of receipt of the notification. The right of termination for other reasons remains unaffected. The termination must be made in writing.
12.1. The EU Commission provides a platform for out-of-court dispute resolution. This gives consumers the opportunity to resolve disputes in connection with their online order initially without the involvement of a court. The dispute resolution platform is available under the external link http://ec.europa.eu/consumers/odr (so-called OS platform).
12.2. However, we are required by law to inform you of our email address. This is: info (at) hoots.de. We make every effort to resolve any disagreements arising from our contract amicably. In addition, we are not obliged to participate in conciliation proceedings and will decide individually whether to participate in such proceedings on a case-by-case basis.
Agreements between the provider and a customer that deviate from these terms and conditions must be made in writing to be effective. This also applies to an abolition of the formal requirement. Section 305 b BGB remains unaffected.
Only German law applies, excluding the UN sales law.
In the event of changes in the market and competition situation, changes in legal regulations or supreme court case law, we are entitled to change these terms and conditions at any time with effect for the future without giving reasons, unless the customer is unreasonably burdened as a result.
PART 2: SPECIAL CONDITIONS FOR THE PRODUCT “HOOTS — CLOUD”
a) vehicle: The object for which the product is used and in which usage, in particular position and movement data, is recorded by the installed “hoots sensor system” and processed by the provider.
b) Vehicle owner: Any owner, owner or other authorized person who decides on the use of the vehicle.
c) Portal: The web-based access system provided by the provider for retrieving and processing the usage, in particular position and movement data collected by the “hoots sensor system” for the vehicle.
d) customer: Anyone who has legally purchased the product from the provider or subsequently from a customer of the supplier.
e) self-using customer: Any customer who, as a vehicle owner, uses the product himself or has it used by a third party authorized by him.
f) Authorized third party: Any customer or third party authorized by the vehicle owner to use the product without being a vehicle owner or user of the vehicle.
g) Portal users: Any self-using customer or authorized third party who retrieves the vehicle and usage data collected by the “hoots sensor system” via the portal.
2.1. With the “hoots cloud” product, the provider enables the vehicle and usage data collected by the “hoots Sensor System” to be retrieved and, if necessary, edited there via the portal in accordance with these additional conditions and the portal's terms of use.
2.2. For the agreed contract period, the provider will have the IT infrastructure required to operate the portal as well as the relevant vehicle and usage data available for retrieval in the portal. Data communication for using the portal and its functions takes place via online access via the portal user's web browser to the provider's servers.
2.3. Due to maintenance and repair work as well as system updates, availability may be limited for a short time. The same applies to technical faults that are beyond the control of the provider. Uninterrupted data backup and data availability is therefore not guaranteed.
2.4. For initial access to the portal and its registration, the provider provides the customer who has purchased the product from him with an individual activation key.
2.5. In addition, the scope of the individual services is based on the current product description at the time of ordering.
3.1. To access the portal and retrieve the content and functions stored there, the portal user needs access to the Internet and an Internet-enabled device (e.g. smartphone or PC), with the help of which the portal user can establish unrestricted Internet connections to external servers and retrieve and, if necessary, save the content and functions stored there.
3.2. A one-time registration is required to use the portal. Registration takes place by entering the hoots serial number and an activation key, which is sent to the customer when making a purchase. A separate registration is required for each purchased hoots sensor system.
3.3. After successful registration, the customer can log in to the portal at any time using the email address stored during the registration process and their individual password.
4.1. The availability of the portal is at least 98% on an annual average. This does not include periods during which the use of the portal is interrupted or impaired for technical or other reasons beyond the provider's control (e.g. force majeure). In particular, the provider assumes no responsibility for energy failures or for network or server failures, insofar as these affect portal user systems or the public Internet.
4.2. The provider is entitled to carry out regular maintenance work on its IT systems to secure network operation, maintain network integrity, interoperability of services and data protection. For this purpose, he may temporarily suspend or restrict services taking into account the interests of the portal user, insofar as important reasons justify this. As far as possible, the provider will carry out maintenance work and updates during periods of low usage.
Should longer temporary service settings or restrictions be required, the provider will inform the portal user in advance of the nature, extent and duration of the impairment, insofar as this is objectively possible under the circumstances and the notification would not delay the elimination of interruptions that have already occurred.
4.3. The provider is entitled to carry out updates and extensions or restrictions of the portal and its functionalities independently at any time, insofar as this is reasonable for the portal user even after weighing up the interests of other portal users.
5.1. The provider points out to the customer that the data retrievable in connection with the use of the product in the portal may be subject to special data protection protection, in particular the usage, and movement data collected by the hoots SensorSystem when using the vehicle.
5.2. The customer must store the data provided by the provider securely against unauthorised access by unauthorised third parties for initial registration in the portal.
5.3. Insofar as the customer provides the access data necessary to register and use the portal to an (authorized) third party, he is liable to the provider and potential third parties for all activities carried out with his login data and, upon first request, releases the provider from third-party claims.
5.4. Before any use of the vehicle by a third party who is not the vehicle owner and when usage, in particular position and movement data of the vehicle is collected by the Hoots Sensor System, the customer is obliged to inform the latter that the data has been collected, retrieved and processed by the provider and/or portal visitors in accordance with the (product) privacy policy.
5.5. When selling the vehicle, the customer is obliged to:
a) to immediately refrain from further use of the portal by yourself and/or authorized third parties;
b) to oblige the acquirer to these additional terms and conditions as well as other terms of use and legal information on the provider's (product) data protection in their currently valid version with effect in favour of the provider and to make them available to the purchaser at the latter's request;
c) notify the provider of the sale, providing the contact details of the purchase.
5.6. The customer is liable to the provider and potential third parties for compliance with the obligations under sections 5.2., 5.4 and 5.5 of these additional conditions and, upon first request, releases the provider from third-party claims.
6.1. If the product is used by an authorized third party, the third party is obliged to:
a) obtain sufficient consent from the vehicle owner beforehand to the respective use or the associated processing of the data available via the portal,
b) inform the provider of the use as an authorized third party when registering,
c) when retrieving the data stored in the portal and further processing it (storage/evaluation), to comply with the applicable data protection regulations, to store the data securely, to protect against access by unauthorised third parties in accordance with current security standards and to refrain from any transfer and processing of this data that is not necessarily necessary to fulfill obligations towards the vehicle owner, and
d) Any use of the login data and the retrieval of the data stored in the portal must be stopped immediately as soon as the right of use granted to him by the vehicle owner expires.
6.2. The obligations under section 6.1 apply even if the authorized third party is a customer of the provider.
6.3. The authorized third party who is the customer of the provider
a) is obliged to independently inform the vehicle owner of these additional conditions as well as other terms of use and legal information on the provider's (product) data protection in their currently valid version and to make them available to him at any time upon his request; this does not apply if the vehicle owner himself is a customer of the provider;
b) is obliged to prove compliance with its obligations under clauses 6.1 and 6.3.a) to the provider at any time. If he does not or does not sufficiently comply with a provider demanding proof despite a reminder under a deadline, the provider is entitled to temporarily block access to the portal to protect the vehicle owner.
c) is liable to the provider and potential third parties for compliance with the obligations under clauses 6.1 and 6.3.a) and releases the provider from third-party claims upon first request.
7.1. Unless otherwise stated in the product description, in the ordering process or in our individual offer, the agreed remuneration is due in advance for the entire contract period.
7.2. If the contract period is extended, the provider is entitled to change the billing period to another cycle, e.g. as a monthly statement.
8.1. At its reasonable discretion in accordance with Section 315 BGB, the provider is entitled and obliged for the benefit of the customer to adjust its prices with effect for the future to changing market conditions and in the event of significant changes in procurement costs or changes in sales tax. The adjustment includes price increases with an overall increase in costs.
8.2. For periods for which the customer has already made an advance payment, the most recently agreed remuneration applies.
8.3. The customer will be notified of the price adjustment by invoice or email.
8.4. In the event of price increases, the customer is entitled to extraordinarily terminate the user contract within 4 weeks of receipt of the notification. The cancellation will be effective (retroactively, if applicable) on the date of the announced price increase; the old price applies until that time. The right of termination for other reasons remains unaffected. The termination of the contract must be made in writing.
9.1. The contract period depends on the term option specified in the product description or the individual offer and selected by the customer.
9.2. The term starts on the day on which the provider provides the customer with the individual activation key for access to the portal and registration for the first time.
9.3. Unless otherwise stated in the product description or in our individual offer or in the ordering process, the contract is extended for an indefinite period after expiry of the agreed (minimum) term, unless it has been previously terminated by a contracting party.
9.4. Within the agreed or extended (minimum) term, the contract can be terminated with a notice period of 1 month before the end of the respective contract period. If the contract has been extended for an indefinite period, the termination period is 1 month. For periods after expiry of the notice period for which the customer has already made an advance payment, the provider will refund the amount to the customer on a pro rata basis.
9.5. The right of each contracting party to terminate the contract extraordinarily for good cause remains unaffected. The same applies to other termination and/or withdrawal rights of the customer (e.g. in the event of price adjustments) as well as statutory cancellation rights.
9.6. Cancellations can be made in writing, in text form (e.g. by e-mail) or in electronic form via the termination device (cancellation button) provided by the provider on its website.
9.7. At the end of the contract period, the customer's access to the portal is deactivated and the customer can no longer access the data stored for the vehicle.
PART 3: SPECIAL CONDITIONS FOR ENTREPRENEURS AND RESELLERS
Insofar as the customer acquires the supplier's products (contract goods) for the purpose of reselling to third parties (reseller), the following applies:
1.1. The reseller provides his deliveries and services of the contract goods to the third party (end customer) in his own name and for his own account and remains the sole contractual and contact person vis-à-vis the provider.
1.2. The reseller is obliged to provide the end customer with sufficient support when selling the contract goods
a) to draw attention to any (product) additional terms and conditions of use and information on the provider's (product) data protection, in particular on the use of personal data by the provider, and to make them available to the end customer,
b) to inform that use of the contract goods by the end customer is only permitted within the framework of the respective (product) additional conditions applicable to the contract goods and other terms of use of the provider (Information requirement).
1.3. When selling the contract goods, the reseller is obliged to
a) to oblige the end customer to comply with the (product) additional conditions and terms of use of the provider applicable to the contract goods with effect in favour of the provider and
b) obtain consent from the end customer in favour of the provider, which entitles the provider, in the sense of a non-exclusive right, to process the personal data of the end customer, general and technical vehicle, device, sensor operating and status data (as well as, if applicable, position and movement data) collected in connection with the use of the contract goods by the end customer and/or reseller, in accordance with the product privacy policy and
c) to transfer to the provider the non-exclusive right of use referred to in section 1.3. b) (Granting of usage rights).
1.4. The reseller is obliged to notify the provider of the sale, providing the contact details of the end customer and to provide all information that enables the provider to provide the end customer with all functionalities of the contract goods (Notification requirement).
1.5. The reseller is obliged to prove compliance with its obligations under sections 1.2 and 1.3 above to the provider at any time (Obligation to provide evidence). If he does not or does not sufficiently comply with a request for proof from the provider despite a reminder, the provider is entitled to withdraw from the contract.
1.6. The reseller is liable to the provider and potential third parties for compliance with the obligations in accordance with the above clauses 1.2 and 1.3 as well as section 1.10. and releases the provider from third-party claims upon first request (Exemption from liability). The obligations of the end customer and his liability towards the provider remain unaffected.
1.7. Insofar as the provider provides the reseller with templates and samples free of charge to fulfill his obligations, the provider does not guarantee their effectiveness.
1.8. If the end customer does not comply with his obligations arising from the (product) additional conditions and terms of use of the provider and if the reseller has claims against the end customer as a result, the reseller is obliged to assign these claims to the provider at the provider's request.
1.9. If the provider is prompted to recall the product due to a defect in the contract goods, the reseller will support the provider and take all reasonable measures ordered by the provider.
1.10. In the event that the reseller uses a third party to sell the contract goods (e.g. independent sales representatives), the reseller undertakes to contractually bind this third party with regard to the obligations incumbent on the reseller under these provisions or under law vis-à-vis the provider in the same way as the reseller himself is bound under this contract. The reseller is responsible to the provider for all activities that the third party commissioned by the reseller undertakes in connection with the advertising of the contract goods and is responsible to the provider for them.
1.11. The above regulations apply mutatis mutandis if the customer purchases the contract goods from the provider for the purpose of simply handing them over to the end customer for (free of charge) use.
2.1. The delivered contract goods (reserved goods) remain the property of the provider until all claims arising from this contract have been paid in full. As long as ownership has not yet been transferred to him, the customer is obliged to treat the reserved goods with care and to insure them at their own expense against fire, water and theft damage at their original value.
2.2. The customer is not entitled to pledge the reserved goods to third parties or to transfer them as security. However, the customer is entitled to use the reserved goods and resell them to third parties in the ordinary course of business as long as he is not in default with his payment obligations. The customer assigns the claims arising from the sale to its business partners to the provider as a security measure. The provider accepts the assignment.
2.3. The provider revocably authorizes the customer to collect the claims assigned to the provider for the seller's account in his own name. The provider's right to collect the receivables itself is not affected by this. However, the provider will not collect the claims itself and will not revoke the direct debit authorization as long as the customer duly fulfills his payment obligations.
2.4. If the customer acts contrary to the contract vis-à-vis the provider, in particular he defaults on his payment obligations, the provider may demand that the buyer disclose the assigned claims and the respective debtors, notify the respective debtors of the assignment and hand over all documents to the provider and provide all information that the provider requires to assert the claims.
2.5. The processing or transformation of the reserved goods by the customer is always carried out on behalf of and on behalf of the provider. If the reserved goods are processed with other items that are not owned by the provider, the provider acquires joint ownership of the new item in proportion of the value of the reserved goods to the other processed items at the time of processing. If the reserved goods are inseparably combined or mixed with other items not belonging to the provider, the provider acquires joint ownership of the new item in proportion of the value of the reserved goods to the other combined or mixed items at the time of combination or mixing. If the combination or mixing is carried out in such a way that the buyer's item is regarded as the main thing, it is agreed that the customer transfers joint ownership to the provider on a pro rata basis. The provider accepts this transfer. The customer will store the resulting sole or joint ownership of the item for the provider.
2.6. If the reserved goods are seized or exposed to other interventions by third parties, the customer is obliged, as long as ownership has not yet been transferred to him, to inform the third party of the provider's ownership rights and to immediately notify the provider in writing so that the provider can enforce his ownership rights.
3.1. If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code, he is required to carry out commercial investigations and give notice of defects in accordance with Section 377 of the German Commercial Code. If the customer fails to comply with the notification obligations regulated there, the goods are considered approved.
3.2. If the customer acts as an entrepreneur,
a) The provider has the choice of the type of subsequent performance;
b) In the case of new goods, the limitation period for defects is one year from delivery of the goods;
c) The limitation period does not begin again if a replacement delivery is made as part of liability for defects.
Should a provision of these terms and conditions be or become invalid, this shall not affect the effectiveness of the remaining clauses. In this case, the invalid or unenforceable provision should be replaced by the parties with an effective provision which comes as close as possible to the economic purpose of the invalid or unenforceable provision. The same applies in the event of a regulatory gap.
5.1. The place of jurisdiction for all claims in connection with the appointment of merchants, legal entities under public law or special funds under public law is Dresden.
5.2. The provider is also entitled to sue at the customer's general place of jurisdiction.
PART 4: WITHDRAWAL POLICY FOR CONSUMERS AND SAMPLE WITHDRAWAL FORM
When concluding a contract outside our business premises, in particular when concluding by telephone, Internet or other means of telecommunications, you as a consumer have a right of withdrawal, which we will draw your attention to when concluding the contract. Please note that you are only entitled to withdraw if you conclude the contract as a consumer, i.e. for private purposes and not in connection with a commercial or other professional activity.
Withdrawal policy
Right of withdrawal:
You have the right to cancel this contract within fourteen days without giving reasons. 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 or has taken possession of the last goods or partial shipment. To exercise your right of withdrawal, you must tell us
HOOTS Sensors GmbH,
Fabrikstraße 27, 01445 Radebeul
email: info@hoots.de,
Phone: (0351) 810 810 27
inform you of your decision to cancel this contract by means of a clear statement (e.g. a letter sent by post or an e-mail). You can use the attached sample withdrawal form for this purpose, but this is not mandatory.
In order to meet the withdrawal period, it is sufficient that you send the notification that you have exercised your right of withdrawal before the withdrawal period has expired.
Consequences of withdrawal:
If you cancel this contract, we will reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we receive notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used for the original transaction, unless something else has been expressly agreed with you; in no case will you be charged any fees as a result of 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 notify us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You 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 them that is not necessary to check the nature, properties and functioning of the goods.
End of cancellation policy
Withdrawal policy
Right of Withdrawal
You have the right to cancel this contract within fourteen days without giving reasons. The cancellation period is fourteen days from the date the contract is concluded.
To exercise your right of withdrawal, you must tell us
HOOTS Sensors GmbH,
Fabrikstraße27, 01445 Radebeul
email: info@hoots.de,
Phone: (0351) 810 810 27
inform you of your decision to cancel this contract by means of a clear statement (e.g. a letter sent by post or an e-mail). You can use the attached sample withdrawal form, but this is not mandatory.
To meet the withdrawal period, it is sufficient that you send the notification that you have exercised your right of withdrawal before the withdrawal period has expired.
Consequences of withdrawal
If you cancel this contract, we will reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we receive notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used for the original transaction, unless something else has been expressly agreed with you; in no case will you be charged for this repayment.
If you have requested that the services begin during the cancellation period, you must pay us a reasonable amount equal to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.
(If you want to cancel the contract, please fill out this form and send it back.)
andie
HOOTS Sensors GmbH,
Fabrikstraße27, 01445 Radebeul
01099Dresden,
email: info@hoots.de,
Phone: (0351) 810 810 27
I/we (*) hereby cancel the purchase made by me/us (*) of the following goods (*) /the provision of the following service (*):
Ordered on (*) /received on (*):
Name of consumer (s):
Address of consumer (s):
_______________________________
Signature of consumer (s) (only if notified on paper):
_______________________________
date
(*) Delete where incorrect
PART5: MANDATORY INSTRUCTIONS AFTER BATTG and ElektroG
Since our products may contain batteries and accumulators, we are required under the Battery Act (BattG) to draw your attention to the following:
Batteries and accumulators must not be disposed of with household waste, but you are required by law to return used batteries and accumulators. Old batteries can contain pollutants that, if not properly stored or disposed of, can damage the environment or your health. However, batteries also contain important raw materials such as iron, zinc, manganese or nickel and can be recycled.
After use, you can either return the batteries to us or return them in the immediate vicinity (e.g. at retail outlets or at municipal collection points or in our shipping warehouse) free of charge. Delivery to sales outlets is limited to the usual quantities for end users and such old batteries that the distributor has or has kept as new batteries in its range.
The symbols shown on the batteries or accumulators have the following meaning: The symbol of the crossed garbage can means that the battery must not be thrown into household waste.
Pb= battery contains more than 0.004 percent by mass of lead
Cd= battery contains more than 0.002 percent by mass of cadmium
Hg= battery contains more than 0.0005 mass percent mercury
Please note the above notes.
You can also read this information again in the documents accompanying the delivery of the goods or in the operating instructions from the device manufacturer. Further information on the Battery Act can be found in the consumer section of the Common Battery Take-Back System Foundation (GRS) www.grs-batterien.de.
a) General notes
Electrical and electronic devices are marked with the crossed-out trash can on wheels.
The symbol indicates that electrical and electronic devices cannot be disposed of with normal household waste, but must be sent to a separate garbage collection. This is because the substances contained in old electrical appliances can be reused. In addition, old batteries and accumulators that are not surrounded by the old device, as well as lamps that can be removed non-destructively from the old device, must be separated without destruction before delivery.
Please note that you are responsible for deleting all personal data from your old device.
According to Section 17 paragraph 2 of the Electrical and Electronic Equipment Act, we are obliged to take back electrical and electronic equipment free of charge at your request as follows.
— When purchasing a new electrical or electronic device of the same type of device from us, which essentially fulfills the same functions as the new device (Section 17 (1) No. 1);
— of a maximum of 3 old devices per type of device, which are not larger than 25 centimeters in any external dimensions (§ 17 para. 1 no. 2).
In addition, you can drop off your old electrical appliances at any time free of charge at one of the municipal collection points (so-called recycling centers) near you.
We will collect old devices of the same type of equipment for which there is an obligation to take back in accordance with Section 17 (1) No. 1 from you at our expense or can be returned to us at our expense. In all other cases, shipping to us is at your expense.
If you would like to use the option to return the old device to us, please contact us before returning the old device at info@hoots.de, or using the contact options provided on our website, to register the return. Please enter the product name and serial number of the old device purchased from us as well as the invoice number.
b) Electrical register: WEEE number DE 20414221
(For more information, please visit: www.stiftung-ear.de/de/homepage
Status: March 2025
