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Terms And Conditions

The users are requested to read these GTC carefully before using the GetHalal services. By using the GetHalal services, the Customers declare their consent to be bound by these conditions and to conclude individual transactions and contracts, also with third parties, on the basis of these conditions. The users are further requested to read the data protection declaration and the information on cookies as well as the information available at www.gethalal.de/en/privacy-policy in order to understand how GetHalal collects and processes the personal data of its Customers through GetHalal services. GetHalal provides the GetHalal Services subject to the terms and conditions set out below.
GENERAL TERMS & CONDITIONS
All contractual relationships, deliveries and services of GetHalal Technologies GmbH, registered in the Commercial Register of the Local Court of Berlin Charlottenburg under HRB 235174 B and business address at Vulkanstraße 12A in 10367 Berlin (hereinafter “GetHalal“), are based on these General Terms and Conditions (hereinafter “GTC“). They are an integral part of all contracts that GetHalal concludes with its contractual partners and users (hereinafter referred to as “Customer“) regarding the services or deliveries offered by GetHalal. (GetHalal and Customer hereinafter individually the “Contract Partner” and jointly the “Contract Partners“.  1.1
These GTC shall also apply to all future deliveries, services or offers made to the Customer within the framework of a permanent contract of use of the services provided by GetHalal (hereinafter referred to as “Term Contract“), without these GTC having to be agreed separately in each individual case. Unless otherwise agreed, these GTC shall apply in the version communicated upon conclusion of the Term Contract.  1.2
These GTC shall apply exclusively. Deviating, conflicting or supplementary general terms and conditions of the Customer or third parties shall only become part of the contract if and to the extent that GetHalal has expressly agreed to their validity in writing. General terms and conditions of the Customer or third parties shall therefore not apply subject to GetHalal’s express consent, even if GetHalal does not separately object to their application in individual cases or refers to the exclusive application of these GTC. The consent requirement shall apply in any case. In particular, GetHalal’s reference to a letter containing or referring to the general terms and conditions of the Customer or a third party, as well as the unconditional performance or delivery in knowledge of the general terms and conditions of the Customer or a third party, does not constitute an agreement with the validity of those general terms and conditions. 1.3
These GTC apply in addition to individual contracts or offers provided by GetHalal. If and insofar as agreements made with the Customer in individual cases (including collateral agreements, supplements and amendments) contain deviations from these GTC, these shall in any case take precedence over these GTC. The remaining provisions of these GTC shall remain unaffected. 1.4 
If written form is required in these GTC, § 126 BGB (German Civil Code) shall apply. Unless individual provisions of these GTC expressly provide otherwise, the transmission of a copy of the respective document by telecommunication, in particular by fax or as a PDF copy by e-mail, shall be sufficient to comply with the formal requirement, provided that the copy of the signed declaration(s) is transmitted.  1.5
References to the applicability of statutory provisions shall only have a clarifying significance. Even without such clarification, the statutory provisions shall therefore apply unless they are directly amended or expressly excluded in these GTC.  1.6
ACCESS & SERVICES  2
Upon conclusion and subject to compliance with these GTC and any applicable individual agreements, in particular via the order form, between GetHalal and the Customer as well as payment of the respective applicable fees, GetHalal grants a limited, non-transferable and non-sub-licensable access for the access and use of the Services, such as the creation of an account and account management.  2.1
Customers may only use the Services in accordance with the terms of this GTC. You are solely responsible for the use of the Services by You and Your End Users and in doing so You must comply with and ensure compliance with all laws applicable to the use of the Services by them and any user, including but not limited to laws relating to records, intellectual property, data protection and export control.  2.2
Customers may access GetHalal content and use the Services subject to the terms and conditions of these GTC. However, Customers are prohibited from republishing, selling, renting or sub-licensing, reproducing, duplicating or copying, or otherwise redistributing GetHalal Services.  2.3
For communication purposes, GetHalal has integrated the following email address: wecare@gethalal.de  2.4
CONCLUSION OF CONTRACT  3
The presentation, display or advertising of articles on the GetHalal website does not constitute a binding offer to conclude a purchase contract, but an invitation to order the products described. By sending an order online by pressing the order button or similar, the Customer places a legally binding order. The contract is concluded as soon as GetHalal sends an order confirmation. A contract is only concluded above the minimum order value. This can be found in the online shop.  3.1
The content of the contract is the delivery of the products displayed and selected via the order form and payment of the respective fees. The relevant content is determined by the individual contract for the ordered goods, quantity and price as stated in the order confirmation.  3.2
PRICES, TERM & CONDITIONS OF PAYMENT  4
Agreed prices shall apply to the contract concluded via the GetHalal platform and/or the Order Form, otherwise listed in the advertisement of the order form or in the order confirmation of GetHalal. All prices are quoted in Euro exclusive of the statutory value added tax. Agreed fees are to be paid via the means of payment accepted by GetHalal. The Customer shall be entiteled pay the agreed fee via PayPal.  4.1
If payment is made by credit card, the Customer authorises the credit card company to charge the full invoice amount, including any delivery and shipping costs, when due. Depending on the amount of the payment or the type of delivery, the Customer may be asked for a required second authentication feature by displaying the website of the credit institution.  4.2
GetHalal also offers the electronic payment system PayPal and accepts credits on GetHalal’s PayPal account on account of performance (§ 364 para. 2 BGB). If a payment is made via PayPal, the Customer must have a PayPal account and legitimise himself with his PayPal access data. The Customer must then go through the PayPal payment process and confirm the payment to GetHalal. Using the PayPal payment method, payment can also be made without a PayPal account via the guest function. With regard to the PayPal guest function, the terms and conditions available via the payment method apply. If the Customer selects payment by credit card in PayPal, he/she may be asked for a required second authentication feature by displaying the website of the credit institution, depending on the amount of the payment or the type of delivery. The Customer must then verify the payment transaction with his personal second authentication feature such as password, PIN, TAN or biometric data such as fingerprint or face scan using a special online banking app. The contractual relationship between PayPal and the Customer is governed exclusively by PayPal’s terms of use.  4.3
If a payment is made via PayPal Plus, the Customer shall go through the relevant payment process, provide the necessary details and, if applicable, confirm the payment to the seller. PayPal Plus accepts the payment methods PayPal, direct debit, credit card and invoice.  4.5
If a payment is made by Sofortüberweisung (Klarna Sofort / Stripe) of the Klarna Group, the Customer must have an activated online banking account with PIN/TAN procedure. At the end of the order process, the Customer shall be requested to enter his/her account number, bank code, PIN and TAN in the form pre-filled by GetHalal (bank details, transfer amount, reason for transfer). Immediately afterwards, the transaction is confirmed to the Customer.  4.6
If the Customer does not pay on the due date, GetHalal shall be entitled to interrupt and suspend the services carried out by it until receipt of payment or, in the case of an individual order, to withdraw from the contract in accordance with the statutory provisions. Furthermore, the outstanding amounts shall be subject to interest from the due date at a rate of 5 percentage points above the base interest rate; the assertion of higher interest and further damages in case of default as well as the statutory lump sum according to § 288 para. 5 BGB shall remain unaffected. If the payment deadline is exceeded more than three times, this shall constitute an important reason in the sense of §§ 314, 626 BGB (German Civil Code) and shall entitle GetHalal to terminate the term contract without notice if GetHalal cannot reasonably be expected to adhere to the contract, also taking into account the other circumstances. Already accrued claims shall remain due for payment in the event of termination of the contract.  4.7
Offsetting with counterclaims of the Customer or the retention of payments due to such claims is only permissible insofar as the counterclaims are undisputed or have been legally established.  4.8
DELIVERY CONDITIONS  5
Delivery shall be made by handing over to the transport company selected and indicated in the contract. The Customer can make an individual contractual choice for the deliveries. GetHalal shall be released when GetHalal has handed over the ordered goods to the selected and named transport company.  5.1
In addition to the stated product prices, shipping costs will be added in the case of delivery, which are selected at the time of ordering and are part of the individual order.  5.2
Deliveries are made within Germany to the delivery address provided by the Customer. The Customer is responsible for ensuring that deliveries can be made to the delivery address. Information on the shipping status as well as possible adjustments regarding the place of delivery and the day of delivery can be agreed by e-mail.  5.3
WARRANTY, LIABILITY, LIMITATION PERIOD  6
GetHalal always tries to ensure that the GetHalal Services are available without restrictions or interruptions and that transmissions are error-free. However, due to the nature of the Internet, this cannot be guaranteed at all times.  6.1
In exceptional cases it is possible that products are not available, in these cases getHGalal’s obligation to perform shall not apply. In such cases getHalal undertakes to inform the Customer immediately about the non-availability and to refund the consideration without delay.  6.2
Unless otherwise stipulated in these GTC including the following provisions, the warranty rights of the Customer and the liability of GetHalal in case of a breach of contractual and non-contractual obligations shall be determined in accordance with the statutory provisions.  6.3
GetHalal as well as its legal representatives and vicarious agents shall only be liable – irrespective of the legal grounds – for intent or gross negligence. Insofar as essential contractual obligations (i.e. such obligations whose compliance is of particular importance for the achievement of the purpose of the contract) are affected, GetHalal shall also be liable for slight negligence. In this case, liability is limited to compensation for the foreseeable, typically occurring damage. In the event of a grossly negligent breach of non-essential contractual obligations, GetHalal shall only be liable to entrepreneurs to the amount of the foreseeable, typically occurring damage.  6.4
The liability for damages resulting from injury to life, body or health and according to the Product Liability Act (Produkthafungsgesetz) shall remain unaffected by the aforementioned limitation of liability. Furthermore, the aforementioned limitation of liability shall not apply if GetHalal has fraudulently concealed a defect or has assumed a guarantee for the quality of the product.  6.5
As the operator of the services, GetHalal is not liable for incorrect information or content provided by the Customers. GetHalal does not check the content posted on the website (in particular with regard to the infringement of third party rights). Should GetHalal become aware of incorrect, inaccurate, misleading or illegal information, this will be immediately checked and removed if necessary. Furthermore, GetHalal does not assume any liability for the correctness, up-to-dateness, completeness, quality or legality of the contents not originating from GetHalal.  6.6
As the foodstuffs are perishable goods, the Customer is obliged to check and clean them before consumption and to refrain from consumption if there is any doubt about their wholesomeness. Obviously spoiled goods are to be returned to GetHalal and not to be consumed.  6.7
The statutory provisions shall apply to the limitation period.  6.8
DATA PROTECTION, PASSWORD SECURITY, AVAILABILITY, COPYRIGHT  7
GetHalal shall be entitled to electronically store the data relating to the respective order and to process and use this data for operational purposes in accordance with the statutory provisions and the GetHalal data protection regulations.  7.1
The disclosure of data to third parties is only permissible insofar as this is the subject matter of the contract (e.g. when registering domains) or is necessary for the performance of the contract or disclosure must take place in accordance with statutory provisions or official orders.  7.2
The contractual partners are obliged to transmit passwords, personal data and other highly sensitive information only securely.  7.3
The legal obligations arising from the General Data Protection Regulation (EU-DSGVO), the Federal Data Protection Act (BDSG) and the Telecommunications Act (TKG) remain unaffected.  7.4
The Customer shall not be entitled to any claims due to temporary short-term unavailability of the online services, in particular within the framework of term contracts.  7.5
JURISDICTION, CHOICE OF LAW, MEDIATION  8
The contractual relationship between GetHalal and the Customer shall be governed by the laws of Germany to the exclusion of the provisions of international private law. The German version of the T&C, as amended from time to time, shall be the authoritative part of the contract.  8.1
For all disputes arising from or in connection with the contractual relationship (including those concerning the existence or the termination of the contractual relationship) between GetHalal and Customers who are either merchants, a legal entity under public law or a special fund under public law, the courts in Berlin shall have exclusive jurisdiction in the first instance. This shall apply irrespective of whether the Customer has its registered office in Germany or abroad.  8.2
CHANGES TO SERVICES OR CHANGES TO THE TERMS OF USE  8.3
The Customer can implicitly agree to the changed terms of use by accepting them with the publication of an advertisement about products or services or with the submission of an offer for products or services. GetHalal will then specifically indicate this by means of a corresponding notice.  8.4
On the other hand, GetHalal may propose an amendment to these Terms of Use to the Customer at any time. Amendments to these Terms of Use shall be offered to the Customers in text form (e.g. by e-mail) no later than 30 days before the proposed date of their coming into effect. The user shall be deemed to have given his or her consent if GetHalal is not notified in text form of his or her rejection prior to the proposed date on which the changes will take effect. If the user does not agree with the changes, he/she shall have the right to close the Customer account without notice and free of charge until the proposed time of the changes taking effect.  8.5
WITHDRAWAL  9
Insofar as a right of revocation exists, this shall be governed by the statutory provisions. Cancellation instructions can be found at https://gethalal.de/en/revocation/ In the event of a revocation, this is to be declared to the specified GetHalal contacts.  9.1
The right of withdrawal does not apply to perishable goods. Goods and products that are food and foodstuffs are considered perishable and are excluded from any right of withdrawal.  9.2
FINAL PROVISIONS  10
Amendments and supplements to all contracts must be made in writing in order to be effective, unless another legal form requirement exists. This also applies to amendments to this paragraph. 10.1
Should any provision of these GTC or any provision incorporated in them in the future be wholly or partially invalid or unenforceable or subsequently lose its validity or enforceability, the validity of the GTC shall not be affected thereby. The same shall apply if contracts between the contracting parties contain a loophole. In place of the ineffective or unenforceable provisions or in order to fill the gap, an appropriate provision shall apply which comes as close as possible to what the contracting parties intended or would have intended according to the meaning and purpose of the contract if they had considered the following point when concluding this contract or when adopting a provision at a later date 10.2 
Claims in connection with these Terms of Use arising from consumer protection standards can be filed either in Germany or in the EU member state in which the Customer lives. The European Commission provides a platform for online dispute resolution, which the Customer can find at https://ec.europa.eu/consumers/odr/. 10.3
The severability clause in clause 9.2 of these General Terms and Conditions shall not be understood as a reversal of the burden of proof, but as a waiver of § 139 BGB (German Civil Code). 10.5 
All contracts of GetHalal including these GTC shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and the conflict of laws. If the Customer is acting as a consumer, the mandatory consumer protection provisions applicable in the EU member state in which the Customer has its habitual residence shall also apply, provided that they grant the Customer further protection.  10.6

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