§ 1 Scope, Customer Information
The following general terms of business regulate the contractual relationship between Happy Discounts and the consumers and enterprises who buy goods through our shop. Contravening or diverging terms and conditions of enterprises ordering in our shop are not recognized by us. Our Terms and Conditions furthermore contain customer information according to the EGBGB (Introductory law of the German Civil Code). The Contract languages are German and English. We reserve the right to change these Terms and Conditions at any time.
§ 2 Conclusion of Contract
(1) The offers in our web shop represent a non-binding invitation to you to buy goods.
(2) After input of your data and by clicking the order button you deliver an obliging offer to conclude a purchase contract. The contract text with information to the article is stored by us. You have no access to the contract text on the Internet. In case of that you lose your order documents it will be our pleasure to send these by e-mail to you at your request. You can also place a binding order by telephone.
(3) Via our confirmation mail, which will be sent immediately to you by e-mail, we accept your offer and the contract is concluded.
(4) For you as customer the legal right exists to cancel the contract as stipulated below under “cancellation right”, as well as to repeal your offer. Other possibilities to cancel the contract do not exist. Nevertheless, we retain the right to cancel the contract in cases of non-availability of the ordered products, unpredictable failures of delivery for any reason (e.g., damages) and in the special cases where the right to cancel is subject to our judgement (e.g., no payment and no establishment of contact within 7 working days after order). Should you already have paid the purchase price in such cases, we will refund this immediately. Please indicate in such a case in in due course and frequency outstanding amounts provided that we have not reacted already ourselves. We must charge you for any costs which accrue to us on the basis of self-ordered charge backs or account cancellations to you, provided that you have not pointed out us in due course before. Damages from lost profits cannot be demanded from us in such cases.
§3 order and delivery
(1) The product pictures used by us must not always agree with the appearance of the delivered products. Occasionally, it can happen that the manufacturer has carried out changes in the appearance or his products. Furthermore, it can be that we have used the picture of the same product with other contents amount for the representation of a product. The claim for delivery only refers to the product represented in the text description. Any default or reduction claims do not exist for the cases described above, unless the divergences are not reasonable for you.
(2) Our delivery time to addresses of delivery in Germany amounts to 1-2 working days from time of payment received the corresponding delivery time outside of Germany amounts to 2-7 days. You are informed about the payment received or the delivery of the product to our delivery agent separately by confirmation email. Should you have not received after receipt of email confirmation within 3 working days either product or notification slip of transport agent, please get in contact please with us to clarify the whereabouts of your product (Moreover please also refer to §4 section (2))
(3) Our shipping charges can be inferred from our Shipping cost page.
§ 4 Payment and other Items
(1) Orders have to paid within 7 work days in the payment method chosen by you. Otherwise our right of cancellation takes effect from § 2 section (4).
(2) According to § 3 section (2) our delivery time amounts to 1-2 working days for deliveries to German addressees and 2-7 working days to addressees in the EU and Switzerland and Norway. Irrespective of the rights according to § 474 section (2) in connection with § 447 of the German Civil Code (“Bürgerliches Gesetzbuch”), we have fulfilled our primary obligations from the contract by delivering the merchandise to our logistics partner. You will be informed thereof by email. In case no receipt of your merchandise after 1-2 days (Germany) or 2-7 days (EU countries out Germany, as well as Switzerland and Norway), please get in contact with us. Please refrain from charge-backs at your initiative or via your credit card companies. Any cost incurred herewith will be passed on by us to you provided that you have not drawn our attention to the issue before in reasonable kind and frequency.
§5 cancellation right for consumers
(consumer is every natural person who conducts a legal business for a purpose which can be ascribed neither her commercial nor independent professional activity)
Cancellation right instruction
You can cancel your contract declaration within 14 days without giving reasons in text form (e.g. letter, E-mail) or - if the merchandise is handed over to you before the end of the term – b returning the merchandise. The term begins after receipt of this instruction in text form, however not before arrival of the merchandise at the recipient and also not before fulfilment of our obligation to inform according to article 246 § 2 in connection with § 1 sec. 1 and 2 of the introductory law to the German Civic code as well as our obligations according § 312g sec. 1 sent. 1 of the German Civic Code in connection with article 246 § 3 of the introductory law of the German Civic Code. To warrant the term of cancellation the timely dispatch of your cancellation or the merchandise.
The cancellation has to be directed to
Consequences of cancellation
In case of an effective cancellation the benefits received on both sides have to be redeemed and potential uses (e.g., interest) have to be returned. If you cannot redeem us the received benefits as well as uses (e.g., convenience value of use) either fully or partially of if you cannot return the merchandise in kind or in a worsened condition you will be obliged to compensate the loss of in monies. For the deterioration of the merchandise and for benefits received at your you must compensate use only, as far as the uses or the deterioration of the merchandise are due to causes that are beyond checking of the quality and the function of the merchandise. “Checking the quality and function” corresponds to the testing of the merchandise which would be normal and possible in a “real shop”. Goods which can be sent via parcels have to be sent back at our risk. You will have to bear the regular cost of return mail, if the delivered good corresponds to the ordered good and if the price of the good to be returned does not exceed 40 EUR (or an equivalent in foreign currency) or – in the case of a higher price – if at the time of the cancellation you have not given the consideration of effected partial payment. In all other cases the return mail is free of charge to you.
Obligation to redeem payments have to be effected within 30 days. The term for you begins with the dispatch of the declaration of cancellation or the good; for us it begins with the receipt of the merchandise.
Exclusion of the Cancellation Right
The right of cancellation does not exist in the case of contracts for delivery of goods, that are customised for individual customers or which are clearly tailored for individual needs or which – based on their nature are not fit for return mail or which are subject to decay or which are beyond expiry date or in the case of delivery of audio- and video recordings or of software, insofar as the data carriers returned have been un-sealed and in the case of newspapers, journals and magazines (unless you have given your contract declaration in the latter case via telephone).
End of instruction on cancellations
§ 6 Return mail cost in the case of cancellation
You will have to bear the cost for return mail, if the delivered good corresponds to the ordered good and if the price to of the good to be returned does not exceed the amount of € 40 and if – in the case of a higher price – have not paid the consideration or a contractual partial payment. You only have to bear the regular cost of return mail. Additional cost, e.g. which may have been caused by a change of our domicile or the use of specific logistics partners at our request will be borne by us.
§ 7 Return of merchandise
(1) Please send the merchandise back to us as a franked parcel and keep the receipt in your custody. At your request we will refund postage upfront, if it does not have to borne by you.
(2) Please be aware that procedure described under paragraph (1) is not a precondition for a valid exercise of your right to cancel.
§ 8 Retention of Title
The subject matter remains in our property until the complete consideration has been given to us.
§ 9 Warranties and Guarantees
The legal rules for warranties are applicable. The statute of limitations for defects and flaws amounts to two years after the delivery has been effected. The product illustrations shown in the web shop of Happy Discounts may deviate from the appearance of the delivered products. If the deviations are reasonable, no claims for defects arise therefrom.
§ 10 Limitation of Liability
We exclude the liability for easy-negligent obligation injuries, if there is no contract-relevant obligations, damage from the injury of the life, the body or the health or warranties or requirements according to the product liability law are affected.
The same holds for breaches of duties of our representatives and legal agents. Part of the contract-relevant obligations, i.a. are the duty to deliver the merchandise to you and transfer title to you. Additionally, we have to hand over the merchandise free from technical and legal defects.
§ 11 Data Processing
Regarding the data processing, we refer to our privacy statement. You can find our privacy statement on this website under the corresponding heading.