Terms and Conditions

1. SCOPE OF APPLICATION

The following terms and conditions apply to all Orders placed via our Online Store. Our Online Store is aimed exclusively at consumers.

A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.


2. CONTRACTING PARTIES, CONCLUSION OF CONTRACT, AND CONTRACT TEXT STORAGE

2.1 The purchase contract is concluded with HAMAKA e.U.
2.2 The presentation of the Product(s) in the Online Store does not constitute a legally binding offer, but a non-binding online catalogue. You can initially place our Product(s) in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided and explained for this purpose in the order process. By clicking the order button you make a binding offer for the goods contained in the shopping cart. The confirmation of receipt of your order will be sent by e-mail immediately after sending the Order.
2.3 After having selected one or more products in the Online Shop by placing the Product(s) into your shopping cart, you will be asked to provide certain information, such as your invoicing and shipping information, shipping method and payment information. Before completing your Order, all Product(s) selected, the total price (inclusive of taxes, as well as, where applicable, all additional freight, delivery or postal charges and any other costs) and all information provided by you will be displayed in an order summary for your review and confirmation. If needed, you can review the details of your Order and, if necessary, correct any input errors before placing the Order.
2.4 By clicking on “Checkout” below the order summary, you submit your Order and, thus, a legally binding offer to HAMAKA e.U. for the purchase of the selected Product(s). HAMAKA e.U. reserves the right to accept or deny your offer for this purchase.
2.5 Immediately after submitting the Order, you will receive an order confirmation via email from us. This order confirmation email solely confirms receipt of your Order and it does not confirm our acceptance of your Order and thereby a conclusion of a purchase contract for the ordered product(s).
2.6 After receipt of your order, we will re-confirm that the selected products are available and can be sold and delivered to you. Once this process has been completed, we will confirm via email whether the products will be shipped to you. Such a shipping confirmation email results in the acceptance of your Order and in the conclusion of a purchase contract between you and HAMAKA e.U. based on these EU Purchase Conditions and the order you submitted.
2.7 If HAMAKA e.U. cannot accept your order, we will inform you accordingly. In this case, a purchase contract will not be concluded between you and HAMAKA e.U.
2.8 Legal Title. You will own the goods purchased, once we deliver them to you, at which point responsibility for your goods passes to you.
2.9 The contract terms will be stored by HAMAKA e.U. after the conclusion of the contract and may no longer be accessible to you. Please retain the emails provided by HAMAKA e.U. relating to your Order as they contain the relevant contract terms.

3. CHANGE TO CONTRACT
3.1 If you wish to make a change to the Product(s) you have ordered please contact us via email customercare@hamaka.me. We will let you know if the change is possible.
3.2 Unfortunately, if we have already sent you the second email referred to in cl 2.6 we are unable to change your Order.


4. PRICES AND PAYMENT

4.1 The purchase prices of the Product(s) are identified in the Online Shop at the time of the submission of the Order. All prices are provided in Euro and include the applicable VAT. The shipping costs and/or packaging costs (if applicable) are displayed separately. Please consult the F.A.Q. section on our website for an overview of the shipping costs per country. The total costs will, to the extent possible, be clearly identified during the ordering process.
4.2 The purchase price shall be due immediately upon completion of the purchase contract (see Section 2.6).
4.3 We accept credit or debit card payments via Visa, MasterCard and Bank transfer. If we are unable to accept or fulfil your Order for any reason then we will refund any money paid by you in respect of the Order. We will not dispatch the Product(s) until we receive payment in full.
4.4 Only one method of payment will be accepted per transaction.
4.5 You must comply with the ‎terms of all agreements between you and any third-party payment processors, and if you have any ‎disputes regarding the processing of your payment you must deal ‎directly with those third parties to ‎resolve the disputes. You authorise ‎to charge all amounts to the ‎payment method details you provide to us. You represent and warrant that each ‎credit card or other ‎payment method you use for payment to us belongs to you, and you have the right to charge all ‎such ‎payments on the credit card or other payment method.‎
4.6 For payment by card, all credit or debit cardholders and bank account holders respectively may be dependent on authorisation and authentication. If the issuer of your payment card or our service provider refuses to, or does not for any reason authorise or validate the payment, we will not be liable in these circumstances for any delay or non-delivery in respect of the Product(s) which you have ordered as a result.
4.7 We do not hold any of your payment details anywhere on the Site. They are passed securely to our payments processor for authorisation by your bank or payment provider.
4.8 Our prices may change at any time. If we discover that the price for Product(s) has changed or that there has been a pricing error when we receive your Order we will contact you and ask if you wish to proceed at the correct price. If you confirm that you do wish to proceed, please remember that we will not be under an obligation to supply the Product(s) until we have sent you the second email confirming your Order.
4.9 It is always possible that, despite our best efforts, some of the Product(s) we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Product(s) correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Product(s) correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your Order. If we accept and process your Order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.

5. PROMOTION AND OFFER CODES

5.1 To redeem a promotion or offer code ("Code"), insert the Code in the "Offer Code" box on the Shopping Bag page of the Site and click "Update". If valid, the Code will be applied.
5.2 In addition to any Code specific terms and conditions, the following conditions apply to all Codes:
5.2.1 Only one code can be used per Order
5.2.2 Codes can only be applied to full price items (Codes cannot be applied to sale items)
5.2.3 Codes are non-transferrable and no cash alternative is available
5.2.4 Orders must be made prior to 23:59 CET on the closing or expiry date of the Code (if one is specified)
5.2.5 All offers and promotions are dependent on stock availability
5.2.6 Offer codes and promotions may be amended or removed at any time
5.2.7 These Terms of Sale apply to purchases made using a Code

6. DELIVERY CONDITIONS

6.1 The type of delivery and relevant prices offered by HAMAKA e.U. are provided on our website under the F.A.Q. section.
6.2 The Product(s) will only be shipped to addresses in the EU, Switzerland, and the UK. Worldwide delivery is unfortunately not yet available on our website.
6.3 The delivery address stated by you and confirmed by HAMAKA e.U. via email shall be considered the correct address for the delivery of the Product(s).
6.4 You must send a separate order form for each address if you wish to order products that must be sent to various addresses.
6.5 HAMAKA e.U. reserves the right to extend times for deliveries by periods necessary for the correct delivery of the ordered Product(s), if the delay is due to an event beyond our reasonable control.
6.6 HAMAKA e.U. explicitly disclaims the purchasing risk in relation to the ordered articles.
6.7 If the ordered Product(s) are no longer available in the warehouse at the time of ordering and are incorrectly indicated as available on the website, it may result in some delay in the execution of the Order or its cancellation, of which you will be immediately informed. If items are exhausted in our stock, we will promptly refund any payment you have made.
6.8 We deliver only by mail order. A self-collection of the goods is unfortunately not possible.


7. DAMAGED AND DEFECTIVE PRODUCT(S)

7.1 Except for any specific warranties we offer in relation to any particular Product(s), or consumer guarantees under law, we do not offer any warranty or guarantee on our Product(s). Consumers will be informed of the warranty conditions prior to the initiation of the ordering process.
7.2 You should inspect the Product(s) when you receive them for defects or damage. If you find a defect or damage contact our Sales Team (sales@hamaka.me) as soon as possible with your Order reference number to hand.
7.3 If the Product(s) are found to be damaged prior to delivery to you, or defective (through no fault of your own wearing or use), we will replace the Product(s) or refund the price paid by you, including any delivery charges you paid, provided that you have not used and damaged the Product(s). We will refund the cost of the return of the Product(s) to us by you.

8. EXCHANGE AND RETURNS

8.1 You have the right to cancel this Contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods. In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
8.2 To cancel a Contract, you must clearly inform us by email (to sales@hamaka.me) your name, address and Order reference number.
8.3 We will refund any money received from you using the same method originally used by you to pay for your purchase.
8.4 You must return the Product(s) to us at your own cost within fourteen days after the day of notifying us of the cancellation, in the same condition in which you receive them. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right to deduct the cost of any deterioration, up to the price of the Product(s), from the refund to which you are otherwise entitled.
8.5 To return (or exchange) the Product(s), you should package the parcel securely using the original packaging and then return it to our return address: Canettistarsse 1/0111, 1100 Vienna, Austria.
8.6 If you cancel a Contract between us within fourteen days, we will process the refund due to you as soon as possible and, in any case, within fourteen days after the day on which we receive the Product(s) back or, if earlier, the day on which we receive evidence that you have returned the Product(s) to our returns address. We will refund the price of the Product(s) in full (except for any deduction we are entitled to make due to your use of, or damage to, the Product(s), or any unnecessary handling by you), including the cost of standard delivery. If you have selected a delivery method which is more expensive than the standard delivery method (the cheapest option), we will only refund you the amount of the standard delivery charge. All other cancellations and refunds are at our sole discretion.
8.7 For exchanges, if the value of the new Product(s) exceeds the original value of the Product(s), you will be required to pay the difference. Should the value of the new Product(s) be lower than the original value, the difference will be credited to the payment method originally used for the Order.
8.8 The right of withdrawal does not apply to the following contracts:
8.9.1. Contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene, if their seal has been removed after delivery.

9. LIABILITY

9.1 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
9.2 Nothing in these Terms of Sale will limit our liability for:
9.2.1 fraud; or
9.2.2 death or personal injury caused as a result of our negligence; or
9.2.3 or breach of your legal rights in relation to the Product(s) including the right to receive Product(s) which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; and supplied with reasonable skill and care.

10. NOTICES

10.1 All notices sent to you will be sent to the email address provided with your registration details (as updated by you). By accepting these Terms and Conditions you give your consent to receive communications from us by email.
10.2 Personal information that you supply to us will only be disclosed by us to a third party in accordance with our Privacy Policy. You agree that we may use the personal information supplied by you in accordance with our Privacy Policy.

11. PRIVACY

Our Privacy Policy can be found at the bottom of the webpage. By consenting to these Terms and Conditions, you acknowledge and agree to be bound by the terms of our Privacy Policy, which may be updated from time to time. Please read our Privacy Policy carefully.

12. INTELLECTUAL PROPERTY

The entire content of the Site, including all design, copyright, and other intellectual property rights it contains, including the name ‘HAMAKA’ (TM), is the sole property of HAMAKA e.U. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on the Site nor may you use any such content in connection with any business or commercial enterprise.

13. DISPUTE RESOLUTION

The European Commission provides a platform for online dispute resolution (OS), which you can find here [https://ec.europa.eu/consumers/odr/]. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.