Terms & Conditions
For all purchase agreements made on this page, the following terms and conditions apply:
YOUR SUPPLIER AND CONTRACTOR HORIZN STUDIOS IS A SERVICE OF:
Horizn Studios GmbH
Stralauer Allee 11
Directors: Stefan Holwe, Jan Roosen
Commercial Register: Amtsgericht Berlin (Charlottenburg) HRB 166199
VAT ID: DE 299 635 540
§ 1 SCOPE AND PARTIES
(1) These General Terms and Conditions, in the version applicable at the time an order is placed, govern the relationship between Horizn Studios GmbH, Stralauer Allee 11, 10245 Berlin (the "Seller") and the customer (the "Customer"),and apply to transactions at the Online Store (https://horizn-studios.com/en/),the "Online Store"). When placing an order the Customer can access the General Terms and Conditions via the links in the Online Store or save them on his computer and/or print them out. The General Terms and Conditions that apply to the Customer's order will, however, be sent to him separately, together with the acknowledgment and receipt or contract confirmation, as well as when the goods are delivered, on a durable storage media (e.g. as an e-mail, pdf attachment or printout on paper).
Some clauses of these General Terms and Conditions only apply to the Customer if the Customer is a consumer according to Section 13 German Civil Code (“Bürgerliches Gesetzbuch”, BGB). The Customer is deemed to be a consumer if the Customer acquires the goods neither mainly associated with its commercial activities nor mainly associated with its self-employment. Horizn expressly makes clear any limitation of applicability of the respective Section.
(2) The following company provides customer service for the Online Store on the Seller's behalf. The Customer may contact it with questions, requests or complaints: Horizn Studios GmbH, Stralauer Allee 11, 10245 Berlin, Germany, E-mail: email@example.com
(3) The range of goods in the Online Store is aimed only at consumers of legal age who can provide a delivery address in the following countries: Australia, Austria, Belgium, Bulgaria, Denmark, Germany, Estonia, Finland, France, Greece, United Kingdom, Ireland, Italy, Japan, Croatia, Latvia, Lithuania, Luxembourg, Netherlands, Norway, Poland, Portugal, Romania, Sweden, Switzerland, Slovakia, Slovenia, Spain, Czech Republic, Hungary, Canada and the USA; Consumer within the meaning of the statutory definition is any natural person acting for purposes which are wholly or mainly outside his trade, craft or business.
§ 2 THE ORDER PROCESS
(1) The Online Store merely constitutes an invitation to the Customer to make an offer to enter into a purchase contract for the goods presented in the Online Store.
(2) The Customer may select items from the Seller's range of goods and collect these in a "Shopping Cart" by clicking on the "Add to cart" button. By clicking on the button “Complete Order”, the Customer makes an offer to purchase the goods that are in his Shopping Bag (the "Order").
(3) Goods will only be delivered in the quantities usual for private households. For business inquiries please contact firstname.lastname@example.org.
(4) Before placing an Order, the Customer can view and amend the details of his Order at any time by clicking on the "Cart" button.
(5) After submitting his Order, the Customer will automatically be sent an acknowledgment of receipt by e-mail with a summary of the details of his Order. This automatic acknowledgment of receipt does not constitute acceptance of the Customer’s offer by the Seller; it merely documents the fact that the Seller has received the Customer’s Order.
(6) A binding contract of sale is first concluded when the Seller accepts the Customer’s Order. The Seller is entitled but not obliged to accept the Customer's offer within 7 days from its receipt. The Seller declares its acceptance by sending the Customer a dispatch confirmation by e-mail (also referred to as the "Contract Confirmation").
(7) If several items are included in an Order, a contract is only concluded in respect of the items expressly mentioned in the Contract Confirmation.
(8) The aforegoing also applies where, due to his selected method of payment, the Customer has already paid the purchase price or given payment instructions before the conclusion of the contract. If for any reason no contract is concluded, the Seller will notify the Customer of this by e-mail (in the case of contractual acceptance in respect of part of the Order, it will do this together with Contract Confirmation in respect of available items),and refund the Customer the pre-payment without delay.
(9) The Customer's statutory right of withdrawal (see § 7) remains unaffected by the preceding provision.
(10) The contract is concluded in English. The Seller will save a copy of the contract wording (consisting of the Order, the General Terms and Conditions and the Contract Confirmation),and forward it to the Customer.
§ 3 DELIVERY, DELIVERY TIMES, AVAILABILITY OF GOODS
(1) Unless agreed otherwise, the goods will be delivered to the Customer at the delivery address provided. Delivery is only available within the above mentioned countries. The Seller will notify the Customer of the delivery time, where appropriate, during the order process, and in the dispatch confirmation. Unless otherwise stated, delivery time for standard deliveries will be approximately 2 to 5 business days from the contract confirmation within the European Union and 6 to 8 business days outside of the European Union (subject to availability). Further information about dispatch options, the carriers used and the delivery process may be viewed on the Online Store's information pages.
(2) After the goods have been handed over to the carrier, the Customer will receive an e -mail with a confirmation of dispatch from the Seller and a tracking link allowing him to monitor the delivery status of his Order. The delivery is made through UPS and DPD.
(3) If the Seller is unable for reasons beyond his control to meet a binding delivery deadline (unavailability of goods, for example, due to failure of the Seller's own supplier to deliver or force majeure),it will inform the Customer without delay and, where applicable, specify a new estimated date of delivery. If the new delivery time is unacceptable to the Customer or the goods are also not available within the new delivery time or not available at all, either party will be entitled to rescind the contract in respect of the goods concerned; in this case the Seller will give the Customer a refund for any payment already made. Any statutory rights of the parties will remain unaffected.
§ 4 PRICES AND DELIVERY CHARGES
(1) All of the prices listed on the Seller’s website include the currently applicable statutory value-added tax.
(2) The Seller will notify the Customer, where applicable, of the delivery charges as well as of any additional charges, e.g. for gift wrapping, on the order form immediately before the Order is placed. The Customer will bear the notified delivery charges and any additional charges. Shipping costs may vary depending on the country of the shipment. The final cost of shipping will be displayed in the checkout. All applicable duties and taxes are included. Please contact our customer service for any questions: email@example.com
§ 5 PAYMENT
(1) The Seller only accepts the methods of payment shown during the order process.
(2) To protect itself against the risk of default in payment by the Customer, the Seller reserves the right to exclude certain methods of payment in an individual case.
(3) For orders we offer the payment methods credit card, PayPal, SOFORTbanking, and Klarna Invoice. We reserve the right to exclude certain payment for certain clients.
(4) If you are paying by credit card, the value of the order will be debited from the account upon order completion.
(5) Our partner Klarna only accepts invoice payments for customers ordering from Austria, Germany and the Netherlands. Klarna will send payment information to you via email.
(6) If you are paying via SOFORTbanking you only need the account number, bank code, PIN and TAN. Via the secure, for the trader not accessible payment form of SOFORT GmbH, the SOFORT GmbH is instantly transferring in real time to your online bank account. The purchase amount is immediately transferred to the merchant´s account. If you select the payment method SOFORTbanking, a pre-filled form is automatically opening. This already includes our bank details. Moreover, the transfer amount and intended use are already displayed in the form. You need to select the country where you are having your bank account and enter the bank code. Then enter the same data as during the Sign up for the online banking (account number and PIN). Confirm your order by entering the TAN. Immediately after you receive the confirmation of the transaction. Basically, every internet user can use the SOFORTbanking, if he has an unlocked online banking account with PIN/TAN procedure. Please note that a few banks do not offer the SOFORTbanking procedure. To check whether your bank is offering the SOFORTbanking procedure please use the following link klarna.com/sofort
§ 6 RETENTION OF TITLE
Goods remain our property until full payment has been made.
§ 7 TRANSPORT DAMAGES
If goods with apparent transport damages are delivered, please complain about such faults as soon as possible to the deliverer and contact us immediately. Failure to make a complaint or contact us has no consequences whatsoever for your statutory claims and their enforcement, in particular your warranty rights. However, you help us to be able to assert our own claims against the carrier or transport insurance.
§ 6 RIGHT OF WITHDRAWAL
(1) Consumers as defined in § 13 German Civil Code have a legal right of withdrawal in the case of goods bought at a distance. In accordance with the legal provisions, we would like to inform you about this right as follows:
INSTRUCTIONS ON WITHDRAWAL
RIGHT OF WITHDRAWAL
You have the right to withdraw from this contract a) for HORIZN STUDIOS SMART LUGGAGE within 100 days and b) for all other products within 30 days without giving any reason. The time limit begins after receipt of this instruction in text form, however not before receipt of the goods by the recipient (in case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also not before the fulfilment of our obligations under Article 246 §2 in connection with §1 paragraph 1 and 2 draft law and our obligations according to §312e Section 1 Clause 1 German Civil Code in conjunction with Article 246 §3 German Civil Code. To exercise your right of withdrawal, you must inform us (see below for contact details) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form, but it is not obligatory. You can also download a withdrawal form on our website electronically. You can also exercise your right of withdrawal by returning the relevant item to us, within the time limit for withdrawal; no separate declaration is then necessary. To exercise your right of withdrawal within the withdrawal period, it is sufficient for you to send a notice concerning your exercise of the right of withdrawal before that period has expired. Contact details for the exercise of the right of withdrawal: To exercise your right of withdrawal by letter, please write to:
Horizn Studios GmbH, Stralauer Allee 11, 10245 Berlin, Germany
To exercise your right of withdrawal by e-mail, please e-mail us at: firstname.lastname@example.org.
To exercise your right of withdrawal by returning the goods, please send them to:
Horizn Studios GmbH
c/o Radial GmbH
06116 Halle (Saale)
EFFECTS OF WITHDRAWAL
If you withdraw from this contract, we shall reimburse to you all payments received from you, excluding the costs of initial delivery, without undue delay and in any event not later than 14 days from the earlier of the day on which we receive the returned goods from you or evidence that you have sent them back. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless we have expressly agreed otherwise with you; in any event, we will not impose any fee for such reimbursement. We may withhold reimbursement until we have received the returned goods or until you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us without delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us (see above). The deadline is met if you send back the goods before the period of fourteen days has expired. We shall cover the costs of returning the goods when shipped within the EU. You are only liable for any diminished value of the goods if the goods were handled in a manner other than that necessary to establish the nature, characteristics and functioning of the goods.
EXCLUSION OF THE RIGHT OF WITHDRAWAL
No right of withdrawal exists inter alia in the case of contracts for the supply of – non-prefabricated goods made on the basis of an individual choice of or decision by the consumer or which are clearly personalised, – the supply of sealed goods which were unsealed after delivery and are thus not suitable for return due to health protection or hygiene reasons.
(2) In accordance with the statutory provisions, we would like to inform you about the model withdrawal form as follows. However, it is not mandatory to use this form. Horizn Studios GmbH
c/o Radial GmbH
06116 Halle (Saale)
Cancellation form (Complete and return this form only if you wish to withdraw from the contract)
Horizn Studios GmbH
c/o Radial GmbH
06116 Halle (Saale)
I hereby give notice that I withdraw from my contract of sale of the following goods:
Name of consumer:
Address of consumer:
(3) As an extension of the statutory provisions: – The Customer can also exercise his right of withdrawal by returning the relevant item to the Seller, within the time limit for withdrawal; no separate declaration is then necessary. – The Customer will bear the direct cost of returning the goods.
§ 9 WARRANTIES
The Customer has certain rights under the law. These include:
(i) that any products supplied by the Seller will be of satisfactory quality, fit for their intended purpose, and will conform to any description given on the Online Store and
(ii) certain remedies if a product is defective.
Nothing in these General Terms and Conditions is intended to affect these rights. The Seller will only be liable for loss or damage in accordance with the provisions of § 10.
The Seller shall not be liable for defects in the goods which are solely attributable to the fact that the Customer has stored the goods incorrectly or inappropriately. The regulation of § 477 BGB remains unaffected, i.e. if the Customer is a consumer and such a defect appears within six months after transfer of risk [“Gefahrübergang”], i.e. after the goods have been delivered to the Customer or the Customer is in default of acceptance (§ 446 BGB),Horizn must prove that the defect is due to the Customer´s incorrect or unsuitable storage of the goods. If Horizn does not succeed in doing so or if the cause of the defect or the time of occurrence of this cause remains open, the presumption that the defect already existed at the time of delivery or the occurrence of the Customer´s default of acceptance shall apply in the Customer´s favour. This shall not apply if the presumption is incompatible with the nature of the goods or the defect.
The Seller is also not responsible for damage to the objects transported or stored in the goods if these are exclusively due to improper use of the goods. Information on the nature of the goods, their suitability for certain purposes and their use can be found in our product information on the goods (description on our website, instructions for use, etc.). In particular, the following should be observed when using the goods:
- Please make sure that the zippers are locked in when the product is in use
- Please only store as much in the luggage and front pocket as it fits without enlarging the compartments (measurements provided on the website)
- Valuables have to be kept out of the front pocket when the luggage product is checked in
- Please make sure that you know your lock combination, store the combination in a safe place if necessary
- Please do not lift the luggage by using the fold-out telescope handle
§ 10 LIABILITY
We are always liable without limitation for claims due to damages caused by us, our legal representatives or performing agents [“Erfüllungsgehilfen”]
in the event of injury to life, body or health,
if the cause of damage is based on intentional or grossly negligent conduct,
to the extent of a guarantee assumed by us,
in the event of malicious concealment of defects, and
to the extent that the Product Liability Act applies.
In case of negligent behaviour on our part, on the part of our legal representatives or vicarious agents [“Erfüllungsgehilfen”], we shall only be liable in the event of a breach of material contractual obligations, the fulfilment of which is material for the proper performance of the contract and on the observance of which the contractual partner may ordinarily rely [“Kardinalpflichten”]. Our liability in this case shall be limited in amount to the damage which is foreseeable at the time of conclusion of the contract and the occurrence of which has to be typically expected.
Otherwise, our liability – including that for performing agents [“Erfüllungsgehilfen”] and vicarious agents [“Verrichtungsgehilfen”] – is excluded.
§ 11 CHOICE OF LAW AND JURISDICTION
(1) Contracts between the Seller and the Customer as well as these General Terms and Conditions are governed by the laws of Germany. Berlin is the exclusive place of jurisdiction for all disputes arising indirectly resulting disputes.
(2) The contractual language is English
(3) These terms and Conditions as well as the further relationship between Horizn Studios and the customer are subject to German law. The CISG does not apply.
§ 10 DISCOUNT CODES
(1) Multiple discount codes cannot be combined for a purchase.
(2) Discount codes cannot be used for products which are already on sale.
§ 11 GIFT CARDS
(1) All gift card purchases are final. Gift cards cannot be returned or redeemed for cash.
(2) Gift cards are valid for 3 years from date of purchase and can be redeemed online or at Horizn Studios brand stores.
(3) Gift cards purchased from horizn-studios.com are issued in EUR and can be redeemed at the Berlin brand store or on horizn-studios.com. Gift cards purchased from horizn-studios.co.uk are issued in GBP and can be redeemed at the London brand store or on horizn-studios.co.uk.
Effective Date: 6th May 2019