himolla Polstermöbel GmbH (hereinafter referred to as the Provider) enables participants to take part in himolla prime (hereinafter referred to as the Premium Program) and to acquire added values and premium products by redeeming premium points. The contract for the redemption of premium points is established on the basis of the participation conditions of the Premium Program between the Provider and the participant. The Provider uses the service provider Goldmarie & Friends GmbH as a vicarious agent for the dispatch of the premium, located at Kazmairstr. 60, 80339 Munich, Tel: +49 89 414141 720, Email: support@goldmarie-friends.de. An order is only possible based on the participation conditions of the Premium Program. Only you yourself, as a participant, can request the desired premium through the online portal of the Premium Program. By placing the order, the person executing the order declares that they are authorized to select, order, and receive the premium product.
The presentation of goods in the premium shop does not constitute a binding offer to conclude a purchase contract. Rather, it is a non-binding invitation to order goods in the premium shop. By clicking the "ORDER" button, you submit a binding purchase offer. Upon receipt of the purchase offer, you will receive an automatically generated email confirming that we have received your order (order confirmation). This order confirmation does not yet represent acceptance of your purchase offer. A contract is not concluded by the order confirmation. A purchase contract for the goods is only concluded when we expressly declare acceptance of the purchase offer or when we dispatch the goods to you without prior express declaration of acceptance.
The point prices mentioned on the product pages do not include statutory value-added tax and may be rounded.
Unless otherwise agreed, the delivery of the goods is made from our warehouse to the address provided by you. Domestic delivery is made without additional costs. Delivery of added values and premiums is only possible to a delivery address within Germany. Delivery to a P.O. box address is excluded. In case of obvious transport damages, the participant is obliged to have them noted by the delivery agent or to refuse acceptance of the shipment. If this obligation is not fulfilled, the complaint may be rejected. In case of hidden transport damages, the participant must report the damage within 2 weeks to Goldmarie & Friends (hereinafter referred to as a complaint); after this period, a complaint is no longer possible. Returns for which the participant is responsible include the following cases: acceptance refused, recipient cannot be determined (e.g., due to incorrect address information), package was not picked up, and defects caused by the participant. In these cases, costs for processing, postage (if necessary), and additional shipping costs (handling, packaging, postage, higher insurance) may arise upon reshipment. These costs will be charged to the participant. We reserve ownership of the goods until all claims from the ongoing business relationship have been fully settled.
Warranty rights are governed by statutory provisions. The participant's warranty rights presuppose that they have properly fulfilled their duties of inspection and notification of defects in accordance with § 377 of the German Commercial Code (HGB). You are obliged to inspect the goods with due care for quality and quantity deviations and to notify us of obvious defects immediately upon receipt of the goods. This also applies to later discovered hidden defects from the time of discovery. In case of violation of the duty of inspection and notification, the assertion of warranty claims is excluded. Only our own specifications and the product description of the manufacturer are deemed binding for the quality of the goods, but not public promotions, statements, or other advertising by the manufacturer. The warranty period is one year from delivery of the goods. This limitation does not apply to claims due to damages arising from injury to life, body, or health, or from the breach of an essential contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the contractual partner may regularly rely (cardinal obligation), as well as to claims due to other damages based on an intentional or grossly negligent breach of duty by the user or their vicarious agents.
We are liable without limitation for intent and gross negligence as well as under the Product Liability Act. For slight negligence, we are liable for damages resulting from injury to life, body, or health of persons.
Limited liability: In case of slight negligence, we are only liable for the breach of an essential contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance you may regularly rely (cardinal obligation). The liability for slight negligence is limited in amount to the foreseeable damages typical for the contract at the time of conclusion. This limitation of liability also applies in favor of our vicarious agents.
We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.