Terms of service

I. Terms and Conditions

§ 1 Basic Provisions

  1. The following terms and conditions apply to contracts you enter into with us, the provider (David Müller), via the website https://hush1up.com. Unless otherwise agreed, the inclusion of any terms and conditions you may use is hereby objected to.

  2. A "consumer" within the meaning of these provisions is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession. An "entrepreneur" is any natural or legal person or legally responsible partnership acting in the exercise of their trade, business, or professional activity when entering into a legal transaction.

§ 2 Formation of the Contract

  1. The subject matter of the contract is the sale of goods.

Our offers on the Internet are non-binding and not a binding offer to conclude a contract.

  1. You can submit a binding purchase offer (order) via the online shopping cart system.
    • The goods intended for purchase are placed in the "shopping cart." You can access and modify the "shopping cart" at any time via the corresponding button in the navigation bar.
    • After clicking the button "Checkout" or "Proceed to Order" (or a similar label) and entering your personal data and payment and shipping conditions, you will see a summary of the order details.
    • Before submitting the order, you have the opportunity to review and modify the information in the summary or cancel the order using the "back" function of your internet browser.
    • By submitting the order via the corresponding button ("order with obligation to pay," "buy now," "place paid order," or similar), you submit a binding offer to us.

You will first receive an automated email confirming the receipt of your order, which does not yet constitute a contract.

  1. Acceptance of the offer (and thus the conclusion of the contract) occurs within two days via a confirmation in text form (e.g., email) in which the execution of the order or delivery of the goods is confirmed (order confirmation). If you do not receive such a notification, you are no longer bound by your order. Any services already rendered will be refunded immediately in this case.

  2. Order processing and communication regarding the conclusion of the contract are carried out via email, partially automated. You must ensure that the email address you provide is accurate, that receipt of emails is technically ensured, and that it is not blocked by spam filters.

§ 3 Right of Retention, Reservation of Title

  1. You can exercise a right of retention only if it concerns claims from the same contractual relationship.

  2. The goods remain our property until full payment of the purchase price.

§ 4 Warranty

  1. Statutory defect liability rights apply.

  2. If you are informed of and expressly agree to reduced warranty rights for used goods before submitting your contract declaration, the warranty period for defects in used goods is one year from delivery of the goods. This limitation does not apply:

    • To damages attributable to us resulting from injury to life, body, or health caused intentionally or through gross negligence;
    • If we fraudulently concealed the defect or assumed a guarantee for the quality of the goods.

  3. As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects, and transport damage and to notify us and the carrier of any complaints as soon as possible. Failure to do so does not affect your statutory warranty claims.

  4. If a characteristic of the goods deviates from the objective requirements, the deviation is considered agreed upon only if you were informed of it before submitting your contract declaration and the deviation was expressly and separately agreed upon by the contracting parties.

§ 5 Choice of Law

  1. German law applies. For consumers, this choice of law applies only insofar as it does not remove the protection provided by mandatory legal provisions of the consumer's habitual residence (favorability principle).

  2. The provisions of the UN Convention on Contracts for the International Sale of Goods explicitly do not apply.

II. Customer Information

  1. Identity of the Seller

    • David Müller
    • Ritterstiftstraße 5
    • 97076 Würzburg, Germany
    • Phone: +49 1520 5270405
    • Email: hush1upp@gmail.com

    Alternative Dispute Resolution:
    The European Commission provides a platform for online dispute resolution (OS platform) accessible at https://ec.europa.eu/odr.

    We are neither willing nor obligated to participate in dispute resolution proceedings before consumer arbitration boards.

  2. Information on Contract Formation
    The technical steps for contract formation, the conclusion of the contract itself, and the correction options are governed by the provisions outlined in the "Formation of the Contract" section of our Terms and Conditions (Part I).

  3. Contract Language and Storage of the Contract Text

    • The contract language is German.
    • The complete contract text is not stored by us. Before submitting the order via the online shopping cart system, you can print or electronically save the contract data using the browser's print function. After receiving your order, we will resend the order data, legally required information for distance contracts, and the terms and conditions via email.

  4. Essential Features of the Goods or Services
    The essential features of the goods and/or services can be found in the respective offer.

  5. Prices and Payment Terms

    1. The prices listed in the respective offers and the shipping costs are total prices. They include all price components, including all applicable taxes.
    2. Shipping costs are not included in the purchase price. They can be viewed via a designated button on our website or in the respective offer, are displayed separately during the order process, and must be paid by you unless free shipping is confirmed.
    3. Available payment methods are listed under a designated button on our website or in the respective offer.
    4. Unless otherwise specified for the individual payment methods, payment claims from the contract are immediately due.

  6. Delivery Conditions

    1. The delivery conditions, delivery date, and any existing delivery restrictions can be found under a designated button on our website or in the respective offer.
    2. For consumers, the risk of accidental loss or deterioration of the sold item during shipping passes to you only upon delivery, regardless of whether the shipping is insured or uninsured. This does not apply if you independently commission a transport company not named by us or a person designated to carry out the shipment.

  7. Statutory Defect Liability
    The defect liability is governed by the provisions outlined in the "Warranty" section of our Terms and Conditions (Part I).