Terms of service

1. Overview

This website is operated by hausgem.shop. Throughout the website, the terms “we,” “us,” and “our” refer to hausgem.shop.

These Terms of Service govern your access to and use of hausgem.shop, including all information, features, products, services, tools, and purchasing opportunities made available through the website.

By visiting the website, creating a customer account, placing an order, or otherwise using our services, you agree to be bound by these Terms of Service, together with our Privacy Policy, Return and Refund Policy, Shipping Policy, Legal Notice, and any other policies published on hausgem.shop.

Please read these Terms of Service carefully before using the website or placing an order.

Nothing in these Terms of Service excludes, limits, or replaces any mandatory rights granted to consumers under German or European Union law.

2. Contact Information

Questions concerning these Terms of Service may be sent to:

hausgem.shop
Email: info@hausgem.shop

When contacting us about an order, please include your order number and the email address used during checkout.

3. Scope of Application

These Terms of Service apply to all contracts concluded through hausgem.shop and to all use of the website.

A consumer is a natural person who enters into a legal transaction primarily for purposes that cannot be attributed to their commercial or independent professional activity.

A business customer is a natural or legal person, or a partnership with legal capacity, acting in the course of its commercial or independent professional activity.

Mandatory consumer protection rules apply regardless of any provision in these Terms of Service that states otherwise.

Individual agreements expressly made between hausgem.shop and a customer take priority over these Terms of Service.

4. Eligibility and Legal Capacity

You may place an order only if you have the legal capacity to enter into the relevant purchase contract.

By placing an order, you confirm that:

The information submitted during checkout is accurate and complete;
You are legally capable of entering into the contract or have the required consent of a legal representative;
You are authorised to use the payment method selected;
You are purchasing products for lawful purposes; and
You will comply with these Terms of Service and applicable law.

We may refuse or cancel an order where we reasonably believe that the order was placed fraudulently, without proper authorisation, or in violation of applicable law.

5. Product Information

We take reasonable steps to present product descriptions, photographs, dimensions, materials, features, specifications, and other product information accurately.

However:

Colours may appear differently depending on the device, screen, lighting, and display settings used;
Product packaging may differ from images shown on the website;
Minor variations may occur where products are manufactured in different production batches;
Measurements may be subject to reasonable manufacturing or measuring tolerances; and
Product descriptions may be updated to correct errors or reflect legitimate product changes.

These provisions do not affect your statutory rights where a product is defective, materially different from its description, or otherwise does not conform to the purchase contract.

You are responsible for reviewing the product description, available variations, measurements, compatibility information, and other relevant details before placing an order.

6. Product Availability

Products are offered subject to availability.

Placing a product in your shopping cart does not reserve that product. Availability may change before the order is completed.

If a product becomes unavailable after you submit an order, we will inform you as soon as reasonably possible. Where no contract has yet been accepted, we may reject the affected order.

Where payment has already been collected for an order that cannot be fulfilled, the relevant amount will be refunded using the original payment method without undue delay.

We may impose reasonable purchase limits where necessary to maintain fair availability, prevent resale abuse, protect against fraud, or comply with legal requirements.

7. Prices

All prices displayed to consumers are total prices and include applicable value-added tax where required by law.

Any delivery charges, import charges, or other additional costs payable by the customer will be disclosed before the order is submitted, where applicable.

The final price payable is displayed during checkout before you place the order.

Prices may change at any time. A price change does not affect an order that has already been accepted, except where the displayed price resulted from an obvious and recognisable error.

Promotional prices apply only during the stated promotion period and subject to any conditions communicated with the promotion.

8. Obvious Pricing and Information Errors

We make reasonable efforts to ensure that product information and prices are accurate.

If a product is displayed with an obvious pricing, technical, typographical, or calculation error that a reasonable customer should have recognised, we may correct the error before accepting the order.

If an order has already been acknowledged but not yet accepted, we may reject it and notify you of the correct information.

Where a contract has already been validly concluded, any legal rights concerning mistakes or errors will be governed by applicable law. Nothing in this section permits us to cancel a valid contract arbitrarily.

Any payment collected for an order that is validly cancelled will be refunded without undue delay.

9. Ordering Process

To place an order, you must generally:

Select the desired product and available variation;
Add the product to your shopping cart;
Review the shopping cart;
Proceed to checkout;
Provide the required contact, billing, and delivery information;
Select an available shipping and payment method;
Review the order summary and total price;
Review the applicable store policies; and
Submit the order using the checkout button indicating that the order creates a payment obligation.

Before submitting the order, you may review and correct input errors using the editing and navigation functions provided during checkout.

By submitting the order, you make a binding offer to purchase the products included in the order.

10. Formation of the Purchase Contract

Product listings on hausgem.shop are invitations to customers to submit an offer and do not, by themselves, constitute legally binding offers from us.

After an order is submitted, you may receive an automated email confirming that the order has been received. Unless the email expressly states that the order has been accepted, this acknowledgement does not itself constitute acceptance of the order.

The purchase contract is concluded when we:

Send an express order acceptance or shipping confirmation;
Dispatch the ordered products; or
Otherwise clearly confirm acceptance of the order.

If an order contains multiple products, acceptance may occur separately for each product or shipment.

We reserve the right to reject an order before acceptance for legitimate reasons, including:

Product unavailability;
Incorrect or incomplete customer information;
Failed payment authorisation;
Suspected fraud or unauthorised payment activity;
Unusual order quantities;
Delivery restrictions;
Technical or pricing errors; or
Suspected violation of these Terms of Service or applicable law.

Where an order is rejected, any payment already collected for the rejected products will be refunded without undue delay.

11. Contract Language and Contract Records

The contract language is English.

The order information and applicable contractual documents will be provided electronically, including through the order confirmation or related communications.

Customers should save or print the order confirmation, these Terms of Service, and the applicable store policies for their records.

Where a customer account is available, certain order information may also remain accessible through that account.

We may retain contract and transaction information for the periods required by applicable commercial, accounting, tax, consumer protection, and limitation laws.

12. Payment

The payment methods currently available are displayed during checkout.

Depending on the selected method, payment may be processed by Shopify, Shopify Payments, PayPal, Klarna, a card issuer, a bank, a digital-wallet provider, or another payment service provider.

Additional terms and privacy notices of the selected payment provider may apply.

Payment is due at the time indicated during checkout. For immediate payment methods, the total amount is generally due when the order is submitted.

You must ensure that:

The payment information provided is complete and accurate;
You are authorised to use the selected payment method;
Sufficient funds or credit are available; and
Any authentication requested by the payment provider is completed.

If payment is declined, reversed, cancelled, disputed, or not received, we may suspend processing or reject the order before acceptance.

A customer must not initiate an unjustified chargeback instead of contacting us about a return, cancellation, refund, or delivery issue. This does not restrict any lawful rights available through the payment provider.

13. Fraud Prevention and Order Verification

Orders may be subject to automated or manual fraud-prevention and security checks.

We may request reasonable additional information where necessary to verify:

The customer’s identity;
The billing or delivery address;
Ownership or authorisation of the payment method;
Unusual purchasing activity; or
A suspected security or fraud risk.

Please do not send complete card numbers, passwords, or payment security codes by email.

We may delay acceptance or dispatch while a legitimate verification is being completed.

If adequate verification cannot be completed, we may reject the order and refund any payment already collected.

14. Shipping and Delivery

Available delivery methods, delivery restrictions, estimated delivery periods, and any applicable shipping charges are described during checkout and in our Shipping Policy.

Delivery estimates are not guaranteed fixed dates unless we expressly confirm a binding delivery date.

An estimated delivery period may be affected by circumstances including:

Carrier delays;
Customs processing;
Public holidays;
Severe weather;
Incorrect or incomplete delivery information;
Security checks;
Delivery restrictions;
High seasonal order volumes; or
Events outside our reasonable control.

We will comply with all mandatory legal delivery obligations.

If delivery is materially delayed, please contact info@hausgem.shop. Any statutory rights concerning delayed or failed delivery remain unaffected.

15. Delivery Address and Customer Responsibilities

You must provide a complete and accurate delivery address during checkout.

Please review the address carefully before submitting the order. We cannot guarantee that an address can be changed after processing begins.

If an order cannot be delivered because the customer provided an incorrect or incomplete address, refused delivery without valid grounds, or failed to collect the parcel, the customer may be responsible for reasonable additional delivery or return costs where permitted by law.

This does not apply where the delivery problem was caused by hausgem.shop, the carrier, or circumstances for which the customer is not responsible.

Risk of accidental loss or damage generally passes to a consumer when the consumer, or a third party designated by the consumer other than the carrier, receives the goods, subject to mandatory law.

16. Partial Deliveries

We may deliver products from the same order separately where this is reasonable and does not cause significant inconvenience to the customer.

Customers will not be charged additional shipping costs solely because we choose to divide an order into multiple shipments.

Where products are sent separately, individual tracking information may be provided for each parcel.

17. Retention of Title

Products remain the property of hausgem.shop until the purchase price and any amounts directly associated with the order have been paid in full.

This provision does not affect the transfer of risk to consumers under mandatory law.

18. Right of Withdrawal

Consumers purchasing through distance contracts generally have a statutory right to withdraw from the purchase contract within 14 days without providing a reason, unless a legal exception applies.

Detailed information concerning:

The withdrawal period;
How to exercise the right of withdrawal;
Return instructions;
Return shipping costs;
Refund procedures; and
Exceptions to the right of withdrawal

is provided in our Return and Refund Policy and statutory withdrawal information published on hausgem.shop.

These Terms of Service do not restrict the statutory right of withdrawal.

Simply refusing delivery or failing to collect a parcel may not constitute a clear withdrawal notice. Customers should send an unequivocal withdrawal statement to info@hausgem.shop.

19. Returns and Refunds

Returns and refunds are handled in accordance with our Return and Refund Policy and applicable consumer protection law.

Products must not be sent to an address shown on the original parcel unless we have confirmed that it is the correct return address.

To request return instructions, contact:

Email: info@hausgem.shop

Refunds approved under the statutory right of withdrawal will be processed within the legally required period. We may withhold the refund until we receive the returned goods or the customer provides evidence that the goods have been sent back, whichever occurs first.

Refunds are generally issued through the original payment method unless another method is expressly agreed.

20. Defective or Non-Conforming Products

Products must comply with the purchase contract and applicable statutory conformity requirements.

If a product is defective, damaged, incorrect, incomplete, or materially different from its description, please contact us at info@hausgem.shop and provide:

Your order number;
A description of the issue;
Clear photographs or videos of the product;
Photographs of the packaging, where relevant; and
Any other information reasonably necessary to assess the issue.

Depending on the circumstances and applicable law, you may be entitled to:

Repair;
Replacement;
A price reduction;
Termination of the purchase contract;
A refund; or
Damages where the legal requirements are satisfied.

We will bear the necessary costs of statutory remedial performance where required by law.

The statutory rights relating to defective or non-conforming goods are separate from the 14-day right of withdrawal and remain unaffected by our voluntary policies.

21. Commercial Guarantees

A commercial guarantee applies only where it is expressly offered for a particular product.

Any commercial guarantee will be governed by the conditions provided with that guarantee and will not restrict the customer’s statutory rights concerning defective or non-conforming goods.

Statements describing expected product characteristics do not create a separate commercial guarantee unless they are expressly identified as such.

22. Customer Accounts

Certain website functions may allow you to create a customer account.

You are responsible for:

Providing accurate account information;
Keeping your login credentials confidential;
Preventing unauthorised access to your account;
Updating information that becomes inaccurate; and
Informing us promptly of suspected unauthorised access.

You must not create an account using false information, impersonate another person, or access another customer’s account without permission.

We may suspend or restrict an account where reasonably necessary to protect customers, prevent fraud, investigate misuse, or comply with legal obligations.

Suspending an account does not remove any existing payment obligations or mandatory customer rights.

23. Acceptable Use of the Website

You must not use hausgem.shop:

For unlawful, fraudulent, or abusive purposes;
To violate intellectual property, privacy, or other rights;
To submit false or misleading information;
To distribute malware, viruses, or harmful code;
To interfere with website security or operation;
To gain unauthorised access to accounts, systems, or data;
To scrape or extract data through unauthorised automated methods;
To place fraudulent orders or conduct payment abuse;
To harass customers, staff, or third parties;
To resell access to website services without permission; or
To engage in any conduct prohibited by applicable law.

We may take reasonable measures to block or restrict harmful activity and protect the website, customers, service providers, and business.

24. Reviews and Customer Content

Where the website allows reviews, photographs, comments, or other customer content, you retain ownership of your original content.

By submitting content for publication, you grant hausgem.shop a non-exclusive, worldwide, royalty-free licence to store, reproduce, display, format, translate, and use that content for operating, presenting, and promoting the website and products, subject to applicable privacy and consumer protection laws.

You confirm that submitted content:

Is accurate to the best of your knowledge;
Reflects a genuine experience where represented as a review;
Does not infringe third-party rights;
Does not contain unlawful, discriminatory, defamatory, threatening, or misleading material;
Does not contain malware or harmful code; and
Does not disclose another person’s personal data without lawful permission.

We may moderate or remove content where reasonably necessary to comply with law, protect rights, prevent fraud, or enforce these Terms of Service.

We will not manipulate reviews in a manner that misleads consumers.

25. Promotions and Discount Codes

Promotions and discount codes may be subject to additional conditions communicated with the relevant offer.

Unless expressly stated otherwise:

Discount codes cannot be exchanged for cash;
Only one discount code may be used per order;
Codes must be entered before the order is submitted;
Expired codes cannot be applied;
Codes may apply only to eligible products or customers;
Codes may have purchase or geographic restrictions; and
Codes may not be used fraudulently or transferred where marked as personal.

We may cancel or correct a promotion affected by an obvious technical error or misuse, subject to applicable law.

Promotional conditions do not restrict statutory consumer rights.

26. Gift Cards and Store Credit

Where gift cards or store credit are offered, their applicable value, validity, redemption conditions, and restrictions will be disclosed at the time of issue or purchase.

Gift cards and store credit may not be redeemed for cash except where required by law.

Loss, theft, or unauthorised use should be reported promptly. Replacement is not guaranteed unless required by law or the balance and entitlement can be reliably verified.

27. Intellectual Property

The website and its content, including text, graphics, product images, logos, designs, icons, videos, software, page layouts, and trademarks, are owned by or licensed to hausgem.shop and are protected by applicable intellectual property laws.

You may access and use the website for personal, lawful, non-commercial shopping purposes.

Without prior written permission, you must not:

Copy or republish substantial website content;
Reproduce product photographs for commercial use;
Modify, distribute, sell, or commercially exploit website content;
Remove copyright or trademark notices;
Use our branding in a misleading manner;
Reverse engineer website software, except where legally permitted; or
Create the false impression of an affiliation with hausgem.shop.

Mandatory statutory rights and legally permitted uses remain unaffected.

28. Third-Party Services and Links

The website may use or link to services provided by Shopify, payment providers, shipping companies, social media platforms, analytics services, or other third parties.

Third-party services may be governed by their own terms and privacy policies.

We are not responsible for independent third-party websites, content, or services that we do not control.

A link to a third-party service does not necessarily constitute endorsement.

Nothing in this section limits our responsibility for third parties acting as our agents or processors where responsibility cannot legally be excluded.

29. Privacy and Personal Data

Personal data is processed in accordance with our Privacy Policy and applicable data protection law.

Our Privacy Policy explains:

What personal data we collect;
The purposes and legal bases for processing;
The service providers and recipients involved;
International data transfers;
Data retention;
Cookies and similar technologies; and
Your data protection rights.

Please review the Privacy Policy before using the website or placing an order.

30. Service Availability

We aim to maintain reliable website access but cannot guarantee that the website will always operate without interruption or error.

We may temporarily restrict access where reasonably necessary for:

Maintenance;
Security updates;
Technical repairs;
Platform changes;
Legal compliance; or
Events outside our reasonable control.

Temporary website unavailability does not affect purchase contracts that have already been concluded.

We will not intentionally remove access to information that must remain available under mandatory law.

31. Liability

hausgem.shop has unlimited liability where liability results from:

Intentional misconduct;
Gross negligence;
Injury to life, body, or health;
A guarantee expressly assumed by us;
Fraudulent concealment of a defect;
Mandatory product liability law; or
Any other liability that cannot legally be excluded or limited.

For damage caused by ordinary negligence, we are liable where we breach an essential contractual obligation whose fulfilment is necessary for proper performance of the contract and on which the customer may normally rely.

In such cases, liability is limited to the damage that was foreseeable and typical when the contract was concluded, except where unlimited liability applies under the preceding paragraph.

To the extent legally permitted, we are not liable for damage caused exclusively by:

Incorrect information supplied by the customer;
Unauthorised use of the customer’s account or payment method where we are not responsible;
Failure to follow product instructions or safety warnings;
Incompatible third-party equipment or services;
Independent third-party websites; or
Events outside our reasonable control.

Nothing in these Terms of Service excludes or limits mandatory statutory consumer rights.

32. Events Outside Reasonable Control

We are not responsible for a delay or failure caused by an event outside our reasonable control, provided that we comply with applicable legal obligations.

Such events may include severe weather, natural disasters, epidemics, war, civil unrest, governmental measures, customs disruption, transport interruption, telecommunications failure, cyberattacks, power outages, labour disruption, or major supply-chain interruption.

We will take reasonable steps to reduce the effects of such an event and resume performance when reasonably possible.

If performance becomes permanently impossible or a delay gives the customer a statutory right to terminate the contract, those rights remain unaffected.

33. Indemnification by Business Users

This section applies only to business customers and does not apply to consumers.

A business customer will indemnify hausgem.shop against reasonable third-party claims, losses, and expenses arising from the business customer’s unlawful use of the website, infringement of third-party rights, or culpable breach of these Terms of Service.

This obligation applies only to the extent that the business customer is legally responsible for the relevant conduct.

34. Changes to These Terms

We may update these Terms of Service to reflect changes in:

Applicable law;
Website functionality;
Payment or delivery services;
Business processes;
Security requirements; or
Products and services.

Updated Terms of Service apply prospectively from the date they are published.

Changes will not retroactively alter an existing purchase contract unless:

The customer expressly agrees;
The change is required by mandatory law; or
Another legal basis permits the change.

The version applicable to an order is generally the version made available when that order was submitted.

35. Suspension and Termination of Website Access

You may stop using the website at any time.

We may suspend or terminate access where reasonably necessary because of:

Fraud or suspected fraud;
Security threats;
Unlawful activity;
Repeated material breaches of these Terms;
Abuse of payment or return systems; or
A legal or regulatory requirement.

Termination of website access does not affect rights and obligations arising from purchase contracts already concluded.

36. Consumer Dispute Resolution

We encourage customers to contact us first so that we can attempt to resolve complaints directly.

Complaints may be sent to:

Email: info@hausgem.shop

Unless participation is required by mandatory law, hausgem.shop is not willing to participate in dispute resolution proceedings before a consumer arbitration board and is not obliged to do so.

This statement does not restrict the customer’s right to bring a claim before a competent court.

37. Governing Law

These Terms of Service and contracts concluded through hausgem.shop are governed by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods.

For consumers who ordinarily reside in another country, this choice of law does not deprive them of mandatory protections provided by the law of their country of habitual residence where those protections apply under conflict-of-law rules.

38. Jurisdiction

For consumers, the competent court is determined by applicable statutory law.

Nothing in these Terms of Service requires a consumer to bring proceedings exclusively in a court that would not otherwise have jurisdiction under applicable consumer protection rules.

For merchants, legal entities under public law, or special funds under public law, the courts at the place of business of hausgem.shop will have jurisdiction to the extent that such a jurisdiction agreement is legally permitted.

39. Severability

If any provision of these Terms of Service is invalid, ineffective, or unenforceable, the remaining provisions will continue to apply to the extent permitted by law.

The invalid provision will be replaced by the applicable statutory rule.

This provision does not reverse or limit the statutory rules governing invalid standard contractual terms.

40. No Waiver

A failure or delay in exercising a contractual or statutory right does not constitute a waiver of that right.

A waiver is effective only where it is expressly made and legally valid.

41. Entire Agreement

These Terms of Service, together with the policies and order information incorporated into the purchase contract, contain the applicable contractual terms between hausgem.shop and the customer.

Individual agreements expressly made with a customer take priority over standard contractual terms.

Mandatory statutory rights remain unaffected.

42. Contact

For questions about these Terms of Service, orders, payments, delivery, returns, or complaints, contact: