General Terms and Conditions
v0.6.0 - Last Updated: 09.04.2019
Purpose of the Terms and Conditions
These General Terms and Conditions have the following purposes:
a) to inform potential customers about the conditions to which 320EAST GmbH sells and delivers the ordered products,
b) determine the rights and obligations of the parties in the context of the sale of the products from the seller to the customer. They apply without restriction and reservation to the order of all of Home OK on its website (www.homeok.io) as well as all URLs and websites operated by 320EAST GmbH or under the domain www.homeok.io ) offered products. Please read it carefully.
320EAST GmbH reserves the right to change the terms and conditions at any time.
§ 1 Scope and Provider
1.1 These terms and conditions apply to all orders you make at the online store of
Managing Director: Heiko Schneefeld
1.2 The product range in our online shop is exclusively aimed at buyers who have reached the age of 18 years.
1.3 Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. The general terms and conditions therefore apply to companies for all future business relationships, even if they are not expressly agreed again. The inclusion of general terms and conditions of a customer, which contradict our terms and conditions, is already contradicted.
1.4 Contract language is exclusively German.
1.5 You can retrieve and print the currently valid terms and conditions on the website http://www.homeok.io.
§ 2 Conclusion of contract
2.1 The presentation of goods in the online shop does not constitute a binding application for the conclusion of a purchase contract. Rather, it is a non-binding request to order goods in the online shop.
2.2 By clicking on the button "Buy starter kit now" you make a binding purchase offer (§ 145 BGB). Immediately before placing this order, you can check the order again and correct it if necessary.
2.3 After receipt of the purchase offer, you will receive an automatically generated e-mail confirming that we have received your order (acknowledgment of receipt). This confirmation of receipt does not represent an acceptance of your purchase offer. A contract does not come about through the confirmation of receipt yet.
2.4 A purchase contract for the goods is only concluded if we expressly declare the acceptance of the purchase offer (order confirmation) or if we ship the goods to you without prior express acceptance. Exception: when paying in advance, the order is accepted immediately with your order.
§ 3 Prices
3.1 The prices stated on the product pages include VAT and other price components and are exclusive of the respective shipping costs. The shipping costs will be displayed before the registration of the order and will be invoiced separately. The amount of delivery costs depends on the country to which the goods are delivered.
3.2 Home OK by 320EAST reserves the right to change the prices of the products offered on the website at any time. The prices charged when registering the order will be charged.
§ 4 Selection of products
4.1 By accepting the terms and conditions, you declare that you have informed yourself about the products of 320EAST GmbH and their properties. Before you place an order, you must: a) choose the products you want to order based on your needs, and b) assess whether the products ordered are compatible with those you use. If you are unable to make such an assessment, it is up to you to seek advice.
§ 5 Services & Products
5.1 The Starter Kit ("Product") may enable them to receive notifications when an event configured in the Mobile Application is registered by a Moment Catcher ("Sensor"). These notifications are always sent to you by email. We may also provide optional services in the form of a Home OK Membership, which you may purchase for a fee.
5.2 The guarantee of the function described in § 5.1 corresponds to the guarantee of the Starter Kit. The purchase of a Home OK Membership does not extend their warranty claim.
§ 6 Changes
6.1 In order to provide you with interesting and exciting innovations, we are constantly developing our products and premium services. We may change the terms of this Agreement or the features or functionality of any Service or Product at any time for the future. If the changes are material, we will notify you. Changes may include changing, suspending or terminating any part or function of the Services, changing the availability of any function or part of a Service or Product, or changing the fees and payment methods or categories of functions and services that are free or require payment. We may also limit certain features or services or restrict access to portions of or all such services. We will not backdate these changes. Material changes will be effective no earlier than 14 days after we notify you, except for changes that are urgent or reasonably necessary.
§ 7 User account
7.1 Our offer is aimed at persons aged 16 and over; only they are permitted to register.
7.3 In the relationship between them and others, they are the rights holders of their User Account. They agree to select a strong and secure password, to keep it secure and confidential, and not to transfer any portion of your User Account. You must notify us immediately of any unauthorised use of your User Account and/or Password. You are responsible for everything caused by your account unless you close it or report abuse.
7.4 We reserve the right to refuse registration or cancel a User Account or refuse any and all current or future use of the Services if you provide any information that we consider to be inaccurate, not current or incomplete.
§ 8 Home OK Membership
8.1 We may charge you a fee for certain aspects of the Services, such as when you purchase a paid Service that provides you with temporary access to additional features ("Home OK Membership").
8.2 The current monthly subscription fees for a Home OK Membership are described on our Website. There you will also find the scope of services and any restrictions.
8.3 Home OK Membership may include certain conditions, limitations and features, such as the number of Edge AI Gateways ("Gateways"), Moment Catcher ("Sensors"), Moment Eyes ("Cameras") and which they may use. You may upgrade or cancel the Home OK Membership you have selected through our website. You must provide our trusted third-party payment provider with a current, valid and accepted payment method ("Payment Method") so they can use a Home OK Membership and purchase products directly from us.
8.4 We provide Home OK Memberships with different terms. Unless otherwise stated in the respective offer presentation, your temporary access to additional functions will initially run from the day of the accepted order over the booked period of use.
8.5 No contract is concluded with your order. They can change and view their data at any time before sending the order. After the order has been placed, the receipt of the order will be confirmed electronically and the order will be accepted. The contractual relationship only comes into being when the order is accepted. Acceptance can also be implied, in particular by activating the Home OK membership.
8.6 The provision of additional functions in the form of a Home OK Membership ends automatically after the booked period of use has been reached.
§ 9 Trial membership
9.1 We may provide you functionalities and services free of charge for a period of time ("Trial membership"). It is at our sole discretion to determine who may use a Trial membership. We may terminate, extend or change the scope of the Trail membership at any time. We may require you to provide your payment details at the beginning of the Trial membership.
§ 10 Terms of payment; delay
10.1 Payment is by invoice.
10.2 The selection of the respectively available payment methods is our responsibility. In particular, we reserve the right to offer you only selected payment methods for payment, for example to hedge our credit risk.
10.3 When selecting the payment method, we will give you our bank details in the order confirmation. The invoice amount is to be transferred to our account within 10 days after receipt of the goods.
10.4 If you default on a payment, you are obliged to pay the statutory default interest in the amount of 5 percentage points above the base rate. For each reminder sent to you after the default has occurred, you will be charged a reminder fee of 2.50 EUR, unless a lower or higher damage is proven in individual cases.
§ 11 Set-off / right of retention
11.1 You are only entitled to set-off if your counterclaim has been legally established, is not disputed or acknowledged by us, or is in a close synallagmatic relationship to our claim.
11.2 You can only exercise a right of retention if your counterclaim is based on the same contractual relationship.
§ 12 Delivery; Retention of title
12.1 Unless otherwise agreed, the delivery of the goods from our warehouse to the address specified by you.
12.2 The goods remain our property until full payment of the purchase price.
12.3 Exceptionally, we are not obligated to deliver the ordered goods if we have ordered the goods properly on our part, but were not supplied correctly or on time (congruent hedging transaction). The prerequisite is that we are not responsible for the lack of product availability and have informed you of this fact immediately. In addition, we must not have assumed the risk of obtaining the ordered goods. If the goods are unavailable, we will immediately reimburse you for any payments already made. We do not assume the risk of having to procure ordered goods (procurement risk). This also applies to the ordering of goods, which is described only by their nature and their characteristics (generic goods). We are only obliged to deliver from our stock of goods and the goods we order from our suppliers.
12.4 The products are offered in the following countries: Germany, Austria.
§ 13 Cancellation Policy
13.1 In the event that you are a consumer within the meaning of § 13 BGB, ie make the purchase for purposes that are predominantly neither your commercial nor your independent professional activity can be attributed, you have a right of withdrawal in accordance with the following provisions.
You have the right to withdraw from 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, has or has taken possession of the goods.
To exercise your right of withdrawal, you must contact us
Telephone: +49 721 754054-0
Fax: +49 721 754054-55
by means of a clear statement (eg a letter sent by post, fax or e-mail) about your decision to withdraw from this contract. You can use the attached model withdrawal form, which is not required. In order to maintain the cancellation period, it is sufficient that you send the notice of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the cancellation
If you withdraw from this Agreement, we have selected all payments we have received from you, including delivery charges (except for the additional costs arising from your choosing a different delivery method than the most favorable standard delivery we offer have to repay immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for this repayment fees.
We may refuse to repay you until we have the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us or to us without delay and in any event not later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You bear the immediate costs of returning the goods. You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functionality of the goods.
Model withdrawal form
If you want to revoke the contract, please fill out this form and send it back.
Telephone: +49 721 754054-0
Fax: +49 721 754054-55
I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*):
Ordered on (*) / received on (*)
Name of the consumer (s):
Address of the consumer (s):
Signature of the consumer (s) (only when notified on paper)
(*) Delete as appropriate.
End of revocation
13.2 Please avoid damage and contamination. If possible, send the goods back to us in their original packaging with all accessories and all packaging components. If necessary, use a protective outer packaging. If you no longer have the original packaging, please provide suitable packaging for sufficient protection against damage in transit in order to avoid claims for damages due to defective packaging.
13.3 Please inform us before sending it back by e-mail to email@example.com to announce the return. In this way, you enable us to assign the products as quickly as possible.
13.4 Please note that the modalities mentioned in the preceding paragraphs 2 and 3 are not prerequisites for the effective exercise of the right of withdrawal.
§ 14 Transport damages
14.1 If goods are delivered with obvious transport damages, please complain about such errors immediately to the deliverer and please contact us as soon as possible.
14.2 Failure to make a complaint or contact has no consequences for your statutory warranty rights. However, they help us claim our own claims against the carrier or the transport insurance.
§ 15 Warranty
15.1 Unless expressly agreed otherwise, your warranty claims are based on the statutory provisions of the purchase right (§§ 433 ff. BGB).
15.2 You have the choice whether the supplementary performance is to be carried out by repair or replacement. We are entitled to refuse the type of supplementary performance chosen, if this is only possible with disproportionate costs and the other type of subsequent performance without significant disadvantages for you.
15.3 If the subsequent performance fails, you can in principle demand the reduction of the remuneration (reduction) or cancellation (withdrawal) as well as damages. For only minor defects, the customer has no right of withdrawal. If the customer chooses compensation for damages, the liability limitations according to § 16 of these terms and conditions apply.
15.4 Obvious defects of the goods must be reported in writing within two months of discovery; otherwise the assertion of the warranty claim is excluded.
15.5 The statutory provisions, in particular the two-year limitation period acc. Section 438 (1) no. 3 BGB.
§ 16 Liability
16.1 Unlimited liability: We are fully liable for intent and gross negligence as well as in accordance with the Product Liability Act. For slight negligence we are liable for damages resulting from injury to life, limb and health of persons.
16.2 In addition, the following limited liability applies: In case of slight negligence, we shall only be liable in the event of a breach of a material contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance you can regularly rely (cardinal obligation). Liability for slight negligence is limited in amount to the damage foreseeable at the time of conclusion of the contract, the occurrence of which is typically to be expected. This limitation of liability also applies in favor of our vicarious agents.
§ 17 Alternative Dispute Resolution
17.1 The EU Commission has provided a platform for out-of-court settlement. This gives consumers the opportunity to settle disputes in connection with their online order without the intervention of a court. The Dispute Settlement Platform can be reached at the external link http://ec.europa.eu/consumers/odr/.
We endeavor to settle any disputes arising from our contract by mutual agreement. In addition, we are not obligated to participate in a conciliation procedure and can not offer you participation in such a procedure.
§ 18 Final Provisions
18.1 Should one or more provisions of these Terms and Conditions be or become ineffective, this shall not affect the validity of the remaining provisions otherwise.
18.2 Contracts between us and you are governed exclusively by German law, excluding the provisions of the United Nations Convention on Contracts for the International Sales of Goods (CISG, "UN Purchase Law"). Compulsory regulations of the country in which you usually reside, remain unaffected by the choice of law.
Contract version: 0.5.0
The general terms and conditions are based on a sample of HÄRTING Rechtsanwälte, www.haerting.de, Vertragstexte@haerting.de, Chausseestraße 13, 10115 Berlin, Tel. (030) 28 30 57 40, Fax (030) 28 30 57 4.