No returns to this address high by honey GmbH
Düsseldorfer Strasse 26 51379 Leverkusen Email: customercare@highbyhoney.com
Commercial register: HRB 111531
Register court: District Court of Cologne
VAT ID No. DE337676435
Managing Director: Romina Meier
and the customer.
Customers within the meaning of these General Terms and Conditions are both consumers and entrepreneurs. A consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed to either their commercial or independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
The relationship between the contracting parties is governed by the law applicable in the Federal Republic of Germany. For consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his or her habitual residence.
§2 Conclusion of the contract in electronic commerce The products and services listed in the online shop do not represent binding offers from high by honey GmbH. Rather, they are an invitation to the customer to make a binding offer by placing an order.
As soon as we receive your order, you will receive an email confirming receipt of your order and containing its details. We will then check the availability of the items you have ordered. If one or more items are not available, we will not accept your offer and you will receive a corresponding notification by email. high by honey GmbH is entitled to accept the customer's contract offer within 3 (three) working days of receipt of the order. The contract with the customer is only concluded when the order is expressly accepted by high by honey GmbH. high by honey GmbH does not assume any procurement risk and reserves the right to release itself from the obligation to fulfill the contract in the event of incorrect or improper delivery by suppliers. The liability of high by honey GmbH for intent or negligence in accordance with the liability regulations in accordance with Section II 9 of these General Terms and Conditions remains unaffected. In the event of unavailability or only partial availability of the service, high by honey GmbH will inform the customer immediately; In case of withdrawal, the consideration will be refunded to the customer immediately.
For technical reasons, we are unfortunately unable to accept orders by phone, letter or email. We only accept orders placed via our online shop.
§3 Information about your right of withdrawal Consumers have a right of withdrawal for distance selling contracts in accordance with Section 355 of the German Civil Code (BGB). As a consumer, you therefore have the right to withdraw your contractual declaration in accordance with the following cancellation policy:
Right of withdrawal You have the right to withdraw from this contract within 14 days without giving any reason.
The cancellation period shall be 14 days from the day on which you or a third party other than the carrier designated by you takes possession of the goods.
To exercise your right of withdrawal, you must inform us (high by honey GmbH,
Düsseldorfer Straße 26, 51379 Leverkusen , email: customercare@highbyhoney.com) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or email). You can use the attached model withdrawal form for this purpose, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation If you cancel this contract, we will refund all payments that we have received from you (except for delivery costs) promptly and at the latest within 14 days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. We may refuse to refund 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 promptly and in any event no later than 14 days from the date on which you notify us that you have cancelled this contract. This deadline is met if you send the goods before the expiry of the 14-day period. You will bear the direct cost of returning the goods. If the goods cannot be returned by normal post due to their nature, the costs are estimated at a maximum of approximately 10.00 euros.
You only have to pay for any loss of value of the goods if this loss of value is due to handling which is not necessary to check the quality, properties and functioning of the goods.
- End of revocation -
If you want to cancel the contract, please fill out the following sample cancellation form and send it back ➔
To the form §4 Voluntary right of return We do not offer an extended voluntary right of return beyond the 14-day statutory right of withdrawal.
II General Terms and Conditions (GTC) of high by honey GmbH (as of August 2023)
The following conditions apply to all orders placed via the website www.highbyhoney.com. The terms and conditions valid at the time of the order apply.
§1 Prices; delivery and shipping costs Our prices include the statutory VAT applicable at the time of the order. In the case of cross-border deliveries, additional taxes (e.g. in the case of an intra-community purchase) and/or duties (e.g. customs duties) may have to be paid by the customer in individual cases. The customer bears the shipping costs. The prices you see for the items in your shopping cart are identical to those on the current product information page on our website. We charge the price that was listed on the website at the time of your order. The order is placed at the current daily price. Please note that we are not bound to an incorrect price. Your order does not constitute a purchase contract.
§2 Availability Unavailable products are not displayed in the online shop or are marked "SOLD OUT". If you have ordered a product that is no longer available due to an error, you will be informed of this by email immediately after the error is discovered.
§3 Payment high by honey GmbH accepts the payment methods listed on the respective offer website and made available for selection by the customer. The customer selects his preferred payment method from the available payment methods.
high by honey GmbH reserves the right to exclude certain payment methods in individual cases. Payment by sending cash or checks is not possible. high by honey GmbH excludes liability in the event of loss.
Payment for the order must be made within 14 days of receipt of the order confirmation. high by honey GmbH reserves the right to cancel the reservation of the ordered items for orders without registered receipt of payment after a further written deadline of 14 days. There is no possibility of a discount.
§4 Delivery conditions The items purchased by the customer will be dispatched according to the delivery times indicated on the product pages after the payment method has been confirmed or the receipt of payment has been registered.
Delivery will be made to the delivery address provided by the customer. You will be informed of the shipment by email. Shipping is currently carried out by the company DHL.
The risk of accidental loss of the ordered goods passes to the customer as soon as the goods are handed over to him (Section 446, Paragraph 1 of the German Civil Code) or if he is in default of acceptance (Section 300, Paragraph 2 of the German Civil Code).
§5 Acceptance of the goods We use DHL to ship your order. If a delivery of goods arrives damaged, we would like to ask you to do the following: If possible, complain about the damaged goods directly to the employee of the shipping service provider and document the degree and extent of the damage. Otherwise, it is almost impossible to settle the claim if the contents of the package are damaged. You can refuse to accept damaged goods.
Any rights and claims of the customer - especially the statutory rights of the buyer in the event of defects in the (purchased) item - remain unaffected by the above provisions. These therefore do not include any limitation period for the customer's rights in accordance with Section II 8 of these General Terms and Conditions.
§6 Retention of title We retain title to all goods delivered by us until full payment has been made. To assert our retention of title, we are entitled to demand immediate return of the reserved goods, excluding any right of retention, unless there are legally established or undisputed counterclaims.
§7 Force majeure In the event that we are unable to provide the service owed due to force majeure (pandemics, epidemics, natural disasters, strikes, lockouts, official interventions, energy and raw material shortages, transport bottlenecks for which we are not responsible, operational disruptions for which we are not responsible, for example due to fire, water and machine damage and all other disruptions which, from an objective point of view, were not caused by our fault), we are released from our obligation to provide the service for the duration of the disruption. If we are unable to execute the order or deliver the goods for more than one month due to force majeure, you are entitled to withdraw from the contract.
§8 Warranty When you purchase goods, you are entitled to statutory liability rights for defects in the goods. As a customer, you therefore have the right to assert warranty rights in the event of defects in the goods, subject to the following provisions.
We are not the manufacturer of the goods we supply. In the event of claims under the Product Liability Act, we will contact the manufacturer on your behalf. Please report any complaints to us by sending an email to customercare@highbyhoney.com.
The warranty of high by honey GmbH is otherwise governed by the following paragraphs. high by honey GmbH does not generally provide any guarantees of its own; the mere presentation of the articles in the online shop is therefore to be regarded as a pure description of the service.
No warranty applies for damage caused by improper handling or use of the goods by the customer. The same applies to so-called deliberate wear and tear.
If the purchased item is defective, the customer is entitled to subsequent performance if and to the extent that the requirements of the statutory provisions on rights in the event of defects are met.
As part of the subsequent performance, consumers have the choice of whether the subsequent performance should be carried out either by repair or replacement delivery. However, high by honey GmbH is entitled to refuse the selected type of subsequent performance if this is only possible at disproportionate costs and the other type of subsequent performance remains without significant disadvantages for the consumer.
For businesses, high by honey GmbH initially provides a warranty for defects in the goods by means of repair or replacement delivery at its own discretion.
The limitation period for the rights of a consumer in the event of defects is 2 (two) years, and for the rights of an entrepreneur 1 (one) year - in each case from the delivery of the goods to the customer. The above limitation period relief does not apply if high by honey GmbH is liable according to Section II 9 of these terms and conditions or if it concerns the property right of a third party on the basis of which the return of the delivery item can be demanded.
The recourse claims of entrepreneurs specified in Sections 478 and 479 of the German Civil Code (BGB) remain unaffected by the above sentences.
Obvious defects must be reported by the entrepreneur within 14 days of receipt of the goods using the contact details provided above; otherwise, the assertion of the warranty claim is excluded. To meet the deadline, it is sufficient to send the notification of defects.
Pursuant to Regulation (EU) No. 524/2013, the European Commission provides a European platform for resolving disputes between consumers residing in the European Union and traders established in the European Union arising from the online sale of goods or the online provision of services (so-called ODR platform / URL: http://ec.europa.eu/consumers/odr/) via an interactive website that can be accessed electronically in all official languages of the European Union institutions. To submit a complaint on this so-called ODR platform, consumers must fill out an electronic complaint form. The individual information that must be provided when submitting a complaint is listed in the annex to Regulation (EU) No. 524/2013.
§9 Liability According to the statutory provisions, high by honey GmbH is liable without limitation for damages resulting from injury to life, body or health that are based on a negligent or intentional breach of duty as well as for other damages that are based on a grossly negligent or intentional breach of duty as well as fraudulent intent.
In addition, high by honey GmbH is fully liable for damages that are covered by liability under mandatory statutory provisions, such as the Product Liability Act, or if and to the extent that high by honey GmbH has provided a guarantee for a quality of the item or that the item will retain a certain quality for a certain period of time.
high by honey GmbH is liable for damages caused by simple or slight negligence, insofar as this negligence concerns the violation of contractual obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the customer can regularly rely (so-called cardinal obligations). The liability of high by honey GmbH is limited to foreseeable, contract-typical damages.
In the event of slightly negligent breaches of such contractual obligations that are not covered by the above paragraph (so-called minor contractual obligations), high by honey GmbH is liable to consumers - however, this is limited to the foreseeable, contract-typical damage.
Any further liability is excluded – regardless of the legal nature of the claim asserted.
§10 Contract language/Storage of the contract text The contract language is German.
We do not save the contract text and it can no longer be accessed after the order process has been completed. However, you can print out your order data immediately after submitting the order.
§11 Final provisions Place of performance and jurisdiction in business transactions with companies and legal entities is the registered office of high by honey GmbH. The same applies if the customer as an entrepreneur does not have a general place of jurisdiction in Germany or if his or her place of residence or habitual abode is not known at the time the action is brought. The right to also appeal to a court at another legal place of jurisdiction remains unaffected. This contract is governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods and international private law.
