AGB

General Terms and Conditions of HEY-SIGN GmbH
Status: 03/2022

HEY-SIGN GmbH (hereinafter referred to as HEY-SIGN) operates an online shop under the domain https://hey-sign-shop.de/ for furniture and home accessories that are primarily made of felt (hereinafter referred to as the products) for end customers.  The products of HEY-SIGN are manufactured according to the customer’s individual configurations. These General Terms and Conditions (hereinafter referred to as the "GTC") of HEY-SIGN shall apply to all contracts for the ordering and delivery of goods concluded by the end customer (hereinafter referred to as “the customer") with HEY-SIGN with regard to the goods presented by HEY-SIGN in its online shop.

Offer of acceptance of the contract - conclusion of the contract
The product descriptions presented in the online shop of HEY-SIGN do not constitute binding offers on the part of HEY-SIGN, but serve for the submission of a binding offer by the customer, which the customer can submit via the online order form that is integrated in the HEY-SIGN's online shop. In the case of furniture or products to be specially configured, this shall take place after completion of the special configurations by the customer.

After placing the selected goods in the virtual shopping basket and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping basket by clicking the button that concludes the ordering process. After the order has been placed, the customer receives an automatically generated email reflecting receipt and its details.

The customer's offer shall be accepted by HEY-SIGN within ten days,

• by means of an order confirmation sent to the customer at the email address provided by the customer, the date of receipt being the date on which HEY-SIGN sends the order confirmation;
  or
• by delivery of the ordered goods to the customer, in which case the date of receipt of the goods by the customer shall be decisive
  or
• by payment by the customer via PayPal or as soon as the payment amount has been credited to HEY-SIGN by advance payment.

If several of the aforementioned alternatives exist, the contract shall be concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer shall commence on the day after the customer sends the offer and shall end at the end of the tenth day following the sending of the offer. If HEY-SIGN does not accept the customer's offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the customer shall no longer be bound by his/her declaration of intent.

Customer information: Storage of order data
The respective order with details of the concluded contract (e.g. type of product, price, etc.) shall be stored by HEY-SIGN. If the customer has registered, he/she can access past orders via the Customer Log-In section (Login).
When submitting an offer via HEY-SIGN's online order form, the text of the contract shall be stored by HEY-SIGN after the conclusion of the contract and transmitted to the customer by email after the customer has submitted his/her order. HEY-SIGN shall not make the text of the contract accessible beyond this. If the customer has set up a user account in HEY-SIGN's online shop before submitting its order, the order data shall be archived on HEY-SIGN's website and can be accessed by the customer free of charge via his/her password-protected user account by providing the relevant login data.

The customer may correct his/her entries at any time before submitting the order by pressing the Delete button. HEY-SIGN shall inform the customer of further correction options on the way through the ordering process. The ordering process can also be ended completely at any time by closing the browser window.

Shipping and terms of payment
Delivery is made within Germany and to the following countries:
Belgium, Netherlands, Luxembourg, France, Austria, Switzerland, Italy, Poland

It shall be made to the delivery address specified by the customer. HEY-SIGN shall be entitled to make partial deliveries if this is reasonable for the customer.

The list prices at the time of the order as shown on the web pages shall be applicable. The prices are ex warehouse and include the applicable statutory VAT and do not include shipping costs.

The shipping costs per order are:

If the customer wants to export the goods from the EU, we would like to point out, for your understanding, that Hey-Sign does not offer any VAT refund.
Bulky goods are marked as such in the item description and will be delivered by a forwarding agency.

Information about the delivery by a forwarding agency

• Delivery by the forwarding agency always on working days from 9:00 - 17:00 hours Monday to Friday.
• Delivery date is agreed by telephone: You will receive a call from the forwarding agency when it suits you best.
• “Free kerbside” delivery: You will receive a call from the forwarding agency when it suits you best.
• In the event of unsuccessful delivery, a storage fee will be charged from the 4th day onwards.

Delivery times
Delivery times may vary depending on the product.
As a manufacturer, HEY-SIGN produces most of its products individually for the customer. Therefore, delivery times may vary from product to product. The respective delivery times - which apply from the time of order confirmation - are shown in the product description. HEY-SIGN always takes efforts to execute the order as quickly as possible.

Payment
The customer can pay the purchase price by prepayment or PayPal. In the case of deliveries to countries outside the European Union, further costs may be incurred in individual cases for which HEY-SIGN is not responsible and which shall be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

PayPal
If a payment method offered by PayPal is selected, the payment will be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as: "PayPal"), subject to the PayPal terms of use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

Payment in advance
If the customer chooses the advance payment by bank transfer, payment is due immediately after conclusion of the contract.

Cancellation policy - Right of withdrawal
The customer has the right to withdraw from the contract within 14 days without giving reasons. The right of revocation does not apply to products to be manufactured individually, as these are not prefabricated and an individual selection (configuration) or determination by the customer is decisive for their manufacture or which are clearly tailored to the personal needs of the customer.
The period begins on the day on which the customer or a third party commissioned by the customer, but not the carrier, takes receipt of the last goods to be delivered in an order. In order to exercise its right of revocation, the customer must inform HEYSIGN of its decision to revoke the contract by means of a clear declaration in text form (e.g. a letter sent by post, fax or email).
In order to comply with the revocation period, it shall be sufficient for the customer to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period to:

Email:
service@hey-sign.de
Address: Insterburger Straße 18, 40670 Meerbusch

Consequences of withdrawal:
If you revoke this contract, we must repay 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 type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your revocation of 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 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 the earlier.

You must return or hand over the goods to us without delay 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 expiry of the period of fourteen days. 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 the condition, properties and functioning of the goods.

The right of revocation does not apply to the following contracts:
* 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.

Warranty
HEY-SIGN's warranty shall be governed by the statutory provisions pursuant to §§ 433 et seq. of the BGB (German Civil Code). Accordingly, in the event of a defective product, the customer shall have the right to subsequent performance in the form of rectification of the defect or a new delivery. The customer shall decide the type of supplementary performance. If the type of subsequent performance chosen by the customer involves disproportionate costs for HEY-SIGN, the customer's right to subsequent performance shall be limited to the respective other type.

The following shall be excluded from the warranty provision:
- Wear and tear due to use
- Defects that were already known to the customer at the time of purchase
- Customer's own fault (e.g. improper operation, incorrect storage)

Liability
HEY-SIGN shall only be liable for breaches of contract or tortious acts in the event of intent or gross negligence.

This does not include the liability in accordance with the provisions of the Product Liability Act and to the extent of an assumed guarantee, claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations). Material contractual obligations are obligations the fulfilment of which is essential for the proper performance of the contract and compliance with which the customer may regularly rely on. In the event of a breach of a material contractual obligation due to slight negligence, HEY-SIGN's liability shall be limited to the foreseeable damage typical for the contract. The above limitation of liability shall also apply to the personal liability of HEY-SIGN's employees, vicarious agents, representatives and bodies.

Any contributory negligence on the part of the customer shall be imputed to the customer.

Information on out-of-court dispute resolution procedures for consumers
Dispute settlement proceedings (Germany)
We are neither willing nor obliged to participate in a dispute settlement proceedings before a consumer arbitration board.

Online dispute settlement (EU)
The European Commission provides consumers with a platform for extrajudicial online dispute settlement (OS), which you can find under the external link https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage.

Applicable law, place of jurisdiction
All legal relations between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws on the international sale of movable goods.
If the customer has his/her registered office outside the territory of the Federal Republic of Germany, the registered office of HEY-SIGN shall be the exclusive place of jurisdiction for all disputes arising from this contract. However, HEY-SIGN shall in any case be entitled in the above cases to bring the matter before the court at the customer's place of business.