Exclusion of liability:
1. Online content
The author may not be held responsible for the topicality, correctness, completeness or quality of the information provided. Liability claims against the author of a material or immaterial nature caused by the use or non-use of any information provided or through the use of incorrect and incomplete information are excluded, as long as there is no proof of ill intention or gross negligence on the part of the author. All offers are non-binding and without obligation. The author expressly reserves the right to change, add to, delete or cease publication of parts of the pages or the entire offer without prior notice, temporarily or permanently.
2. References and links
Liability for direct or indirect references to external websites (“hyperlinks”), which lie outside the responsibility of the author, would only enter into force in cases in which the author is aware of the content and where it would be technically possible and reasonable for him to prevent the use of illegal content. The author hereby expressly declares that at the time of linking, no illegal content was found on the linked pages. The author has no influence on the current and future designs, content or authorship of the linked sites. The author therefore expressly distances himself from the content of any linked sites which were changed after the creation of the link. This applies to all links and references on the website, as well as to external entries in the author’s guest books, discussion forums, link directories, mailing lists and all other types of databases to which external write access is possible. For illegal, incorrect, or incomplete content and in particular for damages resulting from the use or non-use of such information, the provider of the linked website is solely liable, not the party that merely established the link in question.
3. Data protection
Should the opportunity arise for visitors of the site to enter personal or business-related data (email addresses, name, addresses), the entry of this data on the part of the user is on a voluntary basis. The use and payment of all offered services are permitted, insofar this is technically possible and reasonable, without specification of any personal data or under specification of anonymized data or an alias. The use of contact data published under the imprint or comparable information such as postal addresses, telephone or fax numbers and email addresses for the sending of unsolicited information is prohibited. The right to take legal action against senders of spam emails in violation of this restraint is expressly reserved.
4. Legal validity of this disclaimer
This disclaimer is to be regarded as part of the internet publication from which reference was made to this page. If sections or individual terms of this text are not, are no longer or are not fully applicable, the content and validity of the remaining parts of the document remain unaffected.
5. Information about Google Analytics
This website uses Google Analytics, a web analysis service of Google Inc. Google Analytics uses “cookies”, text files that are stored on your computer, which enable analysis of your use of the website. The information generated by the cookie about your use of our website (including your IP address) will be transmitted to a Google server in the US where it will be stored. Google will use this information to evaluate your use of our website, compiling reports on website activity for website operators and for the provision of other services related to our website activity and Internet usage. Google may also pass this information on to third parties insofar as this is required by law or as far as third parties may process the data on Google’s behalf. Google will not associate your IP address with any other data held by Google. You may prevent the installation of cookies by selecting the appropriate settings on your browser; however, we should like to point out that if you do so you may not be able to use all functions provided on this website. By using this website, you agree to the processing of your data collected by Google as described and for the purpose set out above.
6. Data collection by Facebook
This website has a social plugin (programming code) for the Facebook network. This loads automatically with the content of the page in the form of a so-called inline frame, displayed in the form of the “Like” button. Facebook (Facebook Inc. 1601 S. California Ave, Palo Alto, CA 94304, USA) alone is responsible for the operation of the plugin. This inline frame ensures that your browser as user creates a direct communication with the Facebook server and that the social plugin is displayed in the above-named form of a button and that a column for comments along with the Facebook logo is shown. In the process, data, in particular the information that you have visited our website, is transferred to Facebook. Moreover, if you are logged into your Facebook account at the same time, your visit to our website can be logged to your Facebook account. This and other information, for example that information recorded when you click the “Like” button or leave a comment, is transferred directly to Facebook and stored there. If you do not agree with this transfer and the logging to your user account, you should log off properly from your Facebook account before visiting our website, clicking the button or submitting a comment. We expressly refer you to Facebook for further information on data protection on that network, in particular regarding the scope of data collected, as well as the storage and use of that data. You’ll get more information at https://www.facebook.com/privacy/explanation and http://www.facebook.com/policy.php.
7. Copyright and Trademark Law
The author endeavors to observe the copyright law in all publications of images, graphics, audio files, video sequences and texts used by him, and furthermore to use his own images, graphics, audio files, video sequences, and texts or only use license-free graphics, sound files, video sequences and texts. All brand names and trademarks mentioned on the website, including those protected by third parties, are subject in full to the provisions of the applicable trademark law and the ownership rights of the respective registered owners. A mere mention does not imply that trademarks are not protected by third party rights! The copyright for any published material created by the author remains solely with the author of the site. Any duplication or use of such graphics, audio files, video sequences, and texts in other electronic or printed publications is not permitted without the express permission of the author.
8. Image & source directory (photos for banners & products):
The name and the brand name of happy liquid – your favorite flavor is a registered trademark and is subject to the copyright provisions. All content is the property of Happy People GmbH or the respective copyright owner. Any copy, reproduction, etc. of content requires the consent of the management of Happy People GmbH. Infringements will result in criminal proceedings.
Copyright © 2011-2015 Happy People GmbH – All rights reserved.
General Terms and Conditions and Cancellation Policy
General Terms and Conditions
Happy-Liquid Online Shop / www.happy-liquid.com
1.1 The following general terms and conditions apply to all offers, services and supplies as well as orders from
Happy People GmbH
Deutschland / Germany
Managing Partner: Thomas Mrva
1.2 These general terms and conditions also apply to all future business relations with entrepreneurs (any natural or legal person or a legal business partnership that acts in exercise of their or its trade or independent professional activity, §14 BGB), even if they have not been expressly agreed upon. We will not recognize differing or contrary terms and conditions unless we have expressly agreed to such.
1.3 Our product range is aimed exclusively at consumers who have reached the age of 18.
1.4 The contract language is German.
2. Conclusion of contracts for orders in the online-shop
2.1 Offers in the happy liquid online shop are considered binding offers to conclude a contract on these goods.
2.2. The contract is concluded when you accept the offer by clicking the “confirm order” button in the final step of the ordering process. To this end, a confirmation window with the details of your order will be displayed to you before completion of the ordering process. You can confirm the details and correct them if necessary here.
2.3 If you choose the payment method Novalnet AG Billing (purchase on account) in the order process, the following applies: After you click the “Confirm order” button, the system carries out a credit check. The purchase contract is concluded as soon as the credit check ends with a positive result. This will be displayed. If the result of the credit check is negative, no purchase contract is formed. You can then select an alternative payment method.
2.4 Immediately after submitting your order, you will receive an email confirmation about the transaction and the contents of your order (order confirmation).
3. Storage of contract text for orders in the online shop
3.1 We store the order and the details that you entered. In the context of the order process, the system creates a user account for you. The access data for this account is also sent to you by email after the order is complete. You can see the details of your order in your user account at any time. If you later want to delete your account, simply send us an email.
3.2 You also have the option to print out your order and the data entered in the course of the ordering process. The order data and these General Terms and Conditions are sent to you in the email order confirmation.
4.1 As a consumer (any natural person who enters into a legal transaction for purposes that predominantly are outside their trade, business or profession, § 13 BGB), you have a legal right of withdrawal.
CANCELLATION POLICY Right of Withdrawal You have the right to cancel this contract within 14 days without giving reasons. The revocation period is fourteen days from the date on which you or a third party appointed by you (which is not the carrier) have taken the goods in possession. To exercise your right of withdrawal, you must inform us (Happy People GmbH, Rupert-Mayer-Str. 44, 81379 München, Deutschland / Germany, Tel.: +49.(0)89.41615354, Fax: +49.(0)89.41615356, Email: firstname.lastname@example.org) of your decision to withdraw from this contract by submitting a clear declaration (e.g. via fax, email, or a letter sent by post). You can use the attached model withdrawal form – which is not required, however. In order to maintain the withdrawal period, you must submit the notice of the right of withdrawal before the withdrawal deadline.
Effects of Withdrawal
If you withdraw from this contract, we are obliged to refund all payments we have received from you including the shipping charges (except for additional costs arising if you chose a method of shipping different from the most cost-efficient standard delivery offered by us) without delay and at the latest within fourteen days from the day on which we received the notice of cancellation. We will issue the refund using the same method of payment that you selected for the original transaction, unless expressly agreed with you otherwise; under no circumstances will you be charged a fee for this refund. We may withhold the refund until the goods have been returned to us or until you have provided evidence that you have shipped the goods, whichever comes first.
You must ship or deliver the goods back to us immediately and in any event no later than fourteen days from the date on which you notify us that you are canceling this contract. The deadline will be considered kept if you dispatch the goods before the fourteen-day deadline has expired. You bear the direct cost of returning the goods.
You will only be liable for the potential loss in value of the goods when a test of the condition, characteristics, and functioning of the goods shows that the loss in value was due to improper handling on your end.
4.2. The right of withdrawal expires prematurely for contracts for the supply of sealed goods that, for reasons of health or hygiene, are unsuitable for return once the seal has been removed after the delivery.
4.3 To exercise your right of withdrawal you can use the following withdrawal form template.
Example Withdrawal Form
(If you would like to withdraw from the contract, please complete this form and send it back.)
To: Happy People GmbH
Deutschland / Germany
I/We(*) hereby give notice that I/we(*) withdraw from my/our(*) contract of sale of the following goods(*) /provision of the following service(*):
Ordered on (*):
/Received on (*):
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only for notifications on paper)
(*) Strike out anything that does not apply.
You can download the withdrawal form using the following link: DOWNLOAD PDF
5. Prices and shipping costs
5.1 The prices specified in the happy liquid online shop include the legal value added tax and do not include the respective shipping costs. Please click here for information about our shipping costs.
5.2 For deliveries to countries outside the EU, additional duties, taxes and fees may apply.
5.3 The following applies in addition for entrepreneurs: If you would like a specific form of shipping at higher costs, you are responsible for these additional costs.
6. Payment, delay
6.1 Payment can be made either by prepayment (bank transfer), credit card (via PayPal), PayPal directly or Novalnet AG purchase on account. We reserve the right to exclude specific payment methods in a particular case.
6.2 In the event of payment in advance, you receive an email from us with payment information, including our bank account, after the order. The payment amount must be paid within 5 days. We ship the goods only after receipt of payment in our account.
6.3 In the case of payment by credit card, your credit card account is charged on completion of the order.
6.4 You must have a PayPal customer account for payment via PayPal. You can open one if necessary in the course of the payment process. Visit www.paypal.com for more information about PayPal.
6.5 In the case of payment via Novalnet AG billing (payment on account), you will receive an invoice along with the goods. The invoice has a payment term of 7 days after receipt. More information about the Novalnet AG payment on account is available here: http://www.novalnet.de/kauf-auf-rechnung-online-payment. Please note: If invoices from previous orders have not yet been settled, our shop system will not permit any new orders.
6.6 We have engaged a service provider, Novalnet AG, for the settlement of payments (invoice). For this purpose, Novalnet AG requires specific information from you, including personal information. This includes your name and address, account number and bank routing number or credit card number (including expiry date), invoice amount, currency and the transaction number. Novalnet AG may use this information for the purpose of payment processing and may forward it to us. Novalnet AG is obliged to handle information in accordance with German data protection laws.
6.7 In the case of an order quantity of 1,000 units or more, a minimum of 50% of the total price must be paid in advance. The selection of a different payment method after this is not possible.
7. Offsetting, right of retention
7.1 You have the right to offset only if your counterclaim has been legally established or has not been denied by us.
7.2 You may exercise a right of retention only if and to the extent your counterclaim is based on the same purchase contract.
8. Retention of title
8.1 The goods remain our property until the complete payment of the purchase price.
8.2 In addition, the following applies to entrepreneurs in the sense of § 14 BGB:
– The ownership of the goods remains reserved until the complete settlement of all claims arising from the ongoing business relationship.
– The pledging or assigning as security of the goods is not permitted before the transfer of ownership.
– The resale of the goods in the ordinary course of business is permitted. In this case, you now transfer to us all claims that result from the resale in the amount of the invoice. We accept the transfer; however, you remain entitled to collect the claims. We reserve the right to collect claims ourselves, as far as you do not properly comply with your obligations.
– In the association and mixing of the goods subject to the retention of title, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed objects at the time of processing.
9.1 The statutory regulations apply to the warranty.
9.2 For entrepreneurs in the sense of § 14 BGB, the statutory regulations apply with the following modifications:
– You are obliged to examine the goods without delay and with due care for quality and quantity deviations. You must inform us of obvious defects within 7 days of receipt of the goods. Sending the notice of defects in due time will be sufficient to meet the deadline. This applies accordingly for concealed defects detected later. If you do not observe this duty to inspect and give notice of defect, this rules out potential warranty claims later.
– In case of defects, we guarantee repair or replacement delivery (supplementary performance) at our discretion. In the case of repair, we are not responsible for added costs that result from the shipment of the goods to a location other than the place of performance insofar as the shipment does not correspond to the intended use of the goods.
– If the attempted supplementary performance fails twice, you have the right to demand a price reduction or to withdraw from the contract.
– The warranty period is one year from the date of delivery.
10. Transport damages
10.1 When goods are delivered with obvious transport damage, please make a complaint regarding the damage to the shipper immediately and contact us as soon as possible.
10.2. The failure to comply with a complaint or contact does not affect the statutory warranty rights for consumers in the sense of § 13 BGB. However, this helps us to make our own claims against the carrier.
11.1 We are liable for intent and gross negligence. In addition, we are liable for the negligent breach of duty, the fulfillment of which enables the proper performance of the contract, the breach of which endangers the purpose of the contract and on which you regularly rely as a customer. In the latter case, we are liable only for the foreseeable damage typical of such a contract. We are not liable for the negligent breach of obligations other than those noted in the foregoing sentences.
11.2 The above exclusions of liability do not apply to injury of life, body and health. Liability under product liability law remains unaffected.
12. Final provisions
12.1 Contracts between us and you are subject exclusively to German law. For consumers, this applies only insofar as the protection by mandatory provisions of the law of the State in which the consumer has his habitual residence is preserved. The validity of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (“CISG”) is excluded.
12.2 If you are a business person, the court of jurisdiction for all disputes arising out of or in connection with contracts between you and us is Munich, Germany.
12.3 Should one or more provisions of these terms and conditions be or become invalid, the validity of the other provisions is not affected.
Copyright © 2011-2016 Happy People GmbH – All Rights Reserved.