Terms and Conditions

General terms and conditions with customer information

 

Hawk Two Limited
50 Stanley Street,
Suite C, Level 7, World Trust Tower
Central
Hong Kong

BRN 76869482

 

Table of contents

1. Scope
2. Conclusion of contract
3. Prices and payment terms
4. Delivery and shipping conditions
5. Liability for defects
6. Redemption of promotional vouchers
7. Redemption of gift vouchers
8. Applicable law, place of jurisdiction

1) Scope

1.1 These terms and conditions of White Moose Montreal (hereinafter "Seller") apply to all contracts concluded between a consumer or entrepreneur (hereinafter "Customer") and the Seller regarding the goods and/or services presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby excluded, unless otherwise agreed.

1.2 These General Terms and Conditions shall apply accordingly to contracts for the delivery of vouchers, unless expressly agreed otherwise.

1.3 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity. An entrepreneur within the meaning of these General Terms and Conditions is any natural or legal person, or a partnership with legal capacity, who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

2) Conclusion of contract

2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve to submit a binding offer by the Customer.

2.2 The customer can submit an offer via the online order form integrated in the seller's online shop. After entering their personal data, the customer submits a legally binding contractual offer for the goods and/or services contained in the shopping cart by clicking the button that completes the order process.

2.3 The Seller may accept the Customer's offer within five days - by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), whereby receipt of the order confirmation by the Customer is decisive, or - by delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive, or - by requesting payment from the Customer after placing the order. If several of the aforementioned alternatives apply, the contract is concluded at the time one of the aforementioned alternatives occurs first. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.

2.4 If the customer selects "PayPal Express" as the payment method during the ordering process, they simultaneously issue a payment order to their payment service provider by clicking the button that completes the ordering process. In this case, the seller hereby declares, in deviation from Section 2.3, that they accept the customer's offer at the time the customer initiates the payment process by clicking the button that completes the ordering process.

2.5 The period for acceptance of the offer begins on the day after the offer is sent by the customer and ends on the expiry of the fifth day following the dispatch of the offer.

2.6 When submitting an offer via the Seller's online order form, the contract text will be saved by the Seller and sent to the Customer in text form (e.g., by email, fax, or letter) after the order has been submitted, along with these General Terms and Conditions. In addition, the contract text will be archived on the Seller's website and can be accessed free of charge by the Customer via their password-protected customer account by entering the relevant login data, provided the Customer has created a customer account in the Seller's online shop before submitting their order.

2.7 Before submitting the order via the Seller's online order form, the Customer can continuously correct his or her entries using the usual keyboard and mouse functions. Furthermore, all entries will be displayed again in a confirmation window before the order is submitted, and can also be corrected there using the usual keyboard and mouse functions.

2.8 The English language is available for the conclusion of the contract.

2.9 Order processing and contact will take place via email and automated order processing. The customer must ensure that the email address provided for order processing is correct, so that emails sent by the seller can be received at this address. In particular, when using spam filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

3) Prices and payment terms

3.1 The seller's prices include statutory VAT and other price components. Any additional delivery and shipping costs will be stated separately in the respective product description.

3.2 The customer has various payment options available, which are specified in the seller’s online shop.

3.3 If advance payment has been agreed, payment is due immediately after conclusion of the contract.

3.4 If you select the "PayPal" payment method, payment processing will be carried out by the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal Terms of Use, available at https://www.paypal.com/ch/webapps/mpp/ua/useragreement-full?locale.x=de_CH. This requires, among other things, that the customer has opened or already has a PayPal account.

3.5 If a payment method offered via the "Shopify Payments" payment service is selected, payment processing will be carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments will be communicated to the customer in the seller's online shop. Stripe may use other payment services to process payments, for which special payment terms may apply, to which the customer may be informed separately. Further information on "Shopify Payments" can be found online at https://www.shopify.com/legal/terms-payments-de.

4) Delivery and shipping conditions

4.1 Goods are generally delivered by post to the delivery address provided by the customer. The delivery address provided during the seller's order processing is decisive for the transaction. Exception: If PayPal is selected as the payment method, the delivery address provided by the customer to PayPal at the time of payment is decisive.

4.2 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful shipment.

4.3 In principle, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the Buyer upon dispatch of the goods or upon handover to the carrier.

4.4 Self-collection is not possible for logistical reasons.

4.5 Customs duties may apply and are to be borne by the buyer.

5) Liability for defects

The statutory liability for defects applies.

6) Redemption of promotional vouchers

6.1 Vouchers issued free of charge by the Seller as part of promotional campaigns with a specific period of validity and which cannot be purchased by the Customer (hereinafter "promotional vouchers") can only be redeemed in the Seller's online shop and only during the specified period.

6.2 Individual products may be excluded from the voucher promotion if a corresponding restriction arises from the content of the promotional voucher.

6.3 Promotional vouchers can only be redeemed before the order process is completed. Subsequent crediting is not possible.

6.4 Only one promotional voucher can be redeemed per order.

6.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.

6.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be selected to settle the difference.

6.7 The balance of a promotional voucher will not be paid out in cash or bear interest.

6.8 The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of his contractual right of withdrawal, if such a right has been agreed.

6.9 The promotional voucher is intended for use only by the person named on it. Transfer of the promotional voucher to third parties is excluded. The seller is entitled, but not obligated, to verify the material eligibility of the respective voucher holder.

7) Redemption of gift vouchers

7.1 Vouchers that can be purchased through the Seller's online shop (hereinafter "Gift Vouchers") can only be redeemed in the Seller's online shop, unless otherwise stated in the voucher.

7.2 Gift vouchers and any remaining balance on gift vouchers can be redeemed until the end of the third year following the year of purchase. Any remaining balance will be credited to the customer until the expiration date.

7.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent payment is not possible.

7.4 Only one gift voucher can be redeemed per order.

7.5 Gift vouchers can only be used to purchase goods and not to purchase additional gift vouchers.

7.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be selected to settle the difference.

7.7 The balance of a gift voucher will not be paid out in cash or bear interest.

7.8 The gift voucher is intended for use only by the person named on it. Transfer of the gift voucher to third parties is excluded. The seller is entitled, but not obligated, to verify the material eligibility of the respective voucher holder.

8) Applicable law, place of jurisdiction

8.1 If the customer acts as a consumer, Swiss law shall apply to all legal relationships between the parties, excluding the UN Convention on the International Sale of Goods, and the exclusive place of jurisdiction for all disputes arising from this contract shall be the customer's place of residence.

8.2 If the customer acts as an entrepreneur, the exclusive place of jurisdiction for all disputes arising from this contract shall be the place of residence or business of the seller.