terms of use

§ Article 1 Scope and defense clause

(1) For all legal relationships between Hayato GmbH (hereinafter referred to as the "provider") and the customer established by ordering on this site, the following general terms and conditions applicable at the time of ordering shall apply. It shall be applied exclusively.

(2) If it deviates from the general conditions of the customer, it will be rejected.

§ 2 Conclusion of contract

(1) Advertising on our advertisements (flyers, etc.) and websites (www.hayatobento.de, www.tasteofcurry.de) does not bind the conclusion of a sales contract by the provider. We ask our customers to make an offer when placing an order.

(2) By submitting an order, the customer shall make a binding offer for the purpose of concluding a sales contract for the products contained in the shopping cart. By submitting your order, you acknowledge these Terms of Use as the sole authority in your legal relationship with the Provider.

(3) The provider confirms that your order has been received by sending a confirmation email. This order confirmation does not mean that the applicant has accepted the offer of the contract. It only provides customer information that the order is coming with the supplier. The description of acceptance of a contract offer is made through the distribution of goods or an explicit declaration of acceptance.

(4) Hayato GmbH reserves the right to perform specific price calculations in the event of typographical errors, omissions, or calculation errors in leaflets, websites, or other product introductions. In this case, you have the right to terminate the supply contract indefinitely.

(5) The photos on Hayato GmbH's flyers, websites and other product introductions are symbolic and the products may differ in design, layout and color.

(6) Your order can be placed online, by phone or directly from Hayato GmbH under these terms and conditions. Click the "View Contact" link to send an email to HAYATO GmbH.

(7) Orders from customers will be processed in the order in which they are received during business hours, unless there is a business need to handle them separately.

(8) The minimum order amount depends on the distance from Hyato GmbH to the shipping address and the order amount. Details can be found in the leaflets and how to order.

§ 3 Delivery

(1) Hayato GmbH will deliver it as long as it is in stock.

(2) Hayato GmbH will deliver it as soon as possible, regularly within 60 minutes. In addition, information regarding delivery dates and delivery dates is not binding unless there is an exceptional delivery date or delivery date promise explicitly promised in writing by HAYATO GmbH. This also applies to customer orders with due dates, the binding force of which must be expressly confirmed in writing by Hayato GmbH.

(3) Delivery will only take place within the delivery area, unless Hayato GmbH expressly promises delivery in writing.

(4) Prices listed on leaflets and websites include statutory value-added tax.

(5) The purchase price will be paid by cash or an EC card with a PIN (no direct debit) when the product arrives, or by online payment (PayPal, MasterCard, Visa, Giropay) when the order is completed.

(6) HAYATO GmbH reserves the right to charge costs if the customer is not visible on the promised or scheduled delivery date. This allowance claim also exists if delivery fails at the customer's responsibility (eg, defective doorbell). The amount of the expense reserve corresponds to the total order amount.

§4 Retention of title

Ownership retention is legally stipulated in Article 449 (1) BGB. In addition, the transfer of ownership is subject to the prior conditions under Article 158 (1) of BGB that the delivered goods remain the property of Hayato GmbH until the purchase price is paid in full.

§5 Warranty and liability for defects

(1) The customer's warranty right shall be based on general statutory provisions, except as provided below. The provisions of Article 6 of this Agreement apply to the customer's claim for damages against the provider.

(2) The provider has not declared the guarantee.

(3) At the time of delivery, check the product for any external damage or obvious defects, and file a complaint immediately if necessary. In the event of damage or loss during shipping, the driver will notify you directly and will contact Hayato GmbH immediately.

(4) If the delivered product is defective, the customer can request complementary performance by replacement. Supplement If you fail to perform, or if there is an insignificant defect, you can withdraw the sales contract, reduce the sales price, or claim damages.

§6 Exemption from liability

(1) Customers' claims for damages are excluded except in the following cases. The above disclaimer also applies if the customer makes a claim to the provider's legal representatives and agents.

(2) The right to claim damages for harming life, body, or health and the right to claim damages for breach of essential contractual obligations are excluded from the exemption determined by the provisions of Item 1. is. Mandatory contractual obligations are those that must be fulfilled in order to achieve the purpose of the contract, for example, the provider delivers the goods without material and legal defects to the customer and procures their ownership. Must. In addition, liability for damages caused by the intentional or gross negligence of the provider, its legal representative or agent's breach of duty is also exempt from liability.

(3) The provisions of the Product Liability Act (ProdHaftG) will continue to be unaffected.

§7 External links, exclusion of liability

Hayato GmbH does not take any responsibility for the pages linked to our homepage / website. The operator or owner of these internet pages is solely responsible for all content, information and references contained on the internet pages accessible via links on the Hayato GmbH homepage / website. .. This also applies to all services, promises, and all other possibilities that can be used there.

§8 Law selection and jurisdiction selection

(1) The contractual relationship between the provider and the customer shall be governed by the laws of the Federal Republic of Germany. Excluded from this law's choice are mandatory consumer protection regulations in the country in which the customer resides. The application of UN purchase rights is excluded.

(2) The jurisdiction of all disputes arising from the contractual relationship between the customer and the provider shall be Düsseldorf only if the customer is a merchant, a legal entity under public law, or a special fund under public law.


§9 Regulatory gap

If the parties to a contract that they believe have not actually agreed on what they should agree on, Hayato GmbH will, in return, consider the interests of both parties in addition to the agreed agreement. We reserve the right to close regulatory gaps at our discretion.

§10 Separation clause

The invalidity of any provision of this Agreement shall not affect the validity of the remaining provisions.
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