General terms and conditions of business.
As of July 13, 2024
General terms and conditions of business
1. Scope
1.1 These General Terms and Conditions of Sale (hereinafter: T&Cs) apply to all contracts concluded between us via our online shop,
Company Nova Innovate GmbH, c/o Workbox Berlin GmbH Eresburgstr. 24-29, 12103 Berlin, telephone: +49 (0) 30 220 13 558, email: info@housedoll.de
and you as our customer. These Terms and Conditions apply regardless of whether you are a consumer, business owner, or merchant.
1.2. All agreements made between you and us in connection with the purchase contract arise in particular from these Terms and Conditions of Sale, our written order confirmation and our declaration of acceptance.
1.3. The version of the General Terms and Conditions valid at the time of conclusion of the contract shall apply.
1.4. We do not accept any deviating terms and conditions of the customer. This applies even if we do not expressly object to their inclusion.
1.5. Renters and buyers must be at least 18 years old to purchase or rent the goods. Upon collection or delivery of goods, a valid ID card may be required as proof of age.
1.6. The character traits described and product photos of a doll shown on the lessor's website are fictitious and are intended solely to stimulate the imagination. The dolls are not capable of performing the described functions independently. The clothing and accessories shown in the product photos are also not part of the offer.
2. Services
2.1. Rental of love dolls
2.1.1. The rental of love dolls is only available in the Berlin area and the surrounding postal code areas. Housedoll delivers the love dolls to the customer fully cleaned and disinfected.
2.1.2. Delivery will be made via our in-house delivery service between 6:00 PM and 9:00 PM on the selected rental start date. The customer will be notified by email 30 minutes prior to arrival.
2.1.3. The doll will be picked up between 9:00 a.m. and 12:00 p.m. on the last day of the rental. The exact pick-up time will be agreed upon between the customer and the driver upon delivery.
2.1.4. A condition report will be created for the doll before and after delivery, which cannot be viewed by the customer. Any serious damage discovered after the doll has been returned will be invoiced to the customer.
2.2 Sale of love dolls
2.2.1. housedoll offers three different products for sale: configured dolls, used dolls, and immediately available dolls.
Configured doll:
2.2.2. The customer can configure a love doll according to their wishes. The order will be sent to production within 24 hours, and cancellation is possible within this period.
2.2.3. After the 24-hour period, cancellation is excluded in accordance with statutory provisions for configured products.
2.2.4. Delivery is made directly from the factory to the customer. housedoll assumes no warranty or guarantee for shipping. The responsibility lies with the respective shipping company (UPS, DHL, TNT, FedEx, GLS, DB Schenker, or others).
Used doll:
2.2.5. Used dolls will be shipped to the customer within 48 hours of the order. The customer will receive a shipment notification.
2.2.6. The dolls are cleaned and disinfected according to a specific hygiene concept and sealed in a hygienic film.
2.2.7. The right of withdrawal expires upon opening the hygienic film, as it is a medical product.
2.2.8. housedoll assumes no liability or guarantee for shipping. Responsibility lies with the respective shipping company (UPS, DHL, TNT, FedEx, GLS, DB Schenker, or others).
Doll available immediately:
2.2.9. These dolls are stored in the manufacturer's warehouses within the EU (France, Spain, Germany, Poland, the Netherlands, or others).
2.2.10. Upon order, the manufacturer in China will arrange for the shipment of the fully configured doll within 48 hours.
2.2.11. The customer will be notified by email with a tracking number.
2.2.12. The right of withdrawal expires upon opening the box, as it is then no longer possible to determine whether the doll has already been used.
2.2.13. housedoll assumes no liability or guarantee for shipping. Responsibility lies with the respective shipping company (UPS, DHL, TNT, FedEx, GLS, DB Schenker, or others).
3. Conclusion of contract for rental items
3.1. The rental items described on the landlord's website ("www.housedoll.de") do not constitute binding offers on the part of the landlord, but serve to make a binding offer for the purpose of concluding a rental agreement by the tenant.
3.2. The tenant can submit the offer via the online order form integrated into the landlord's website. After placing the selected rental items in the virtual shopping cart and completing the electronic ordering process, the tenant submits a legally binding contractual offer for the rental items contained in the shopping cart by clicking the button that completes the ordering process. Furthermore, the tenant can also submit the offer to the landlord by email or post.
3.3 The landlord may accept the tenant’s offer within five days by
- he sends the tenant a written order confirmation or an order confirmation in text form (e-mail), whereby the receipt of the order confirmation by the tenant is decisive, or
- he leaves the rental property to the tenant, whereby the receipt of the rental property by the customer is decisive, or
- he requests payment from the tenant after placing his/her order.
If several of the above-mentioned acceptance options exist, the contract is concluded at the time one of the above-mentioned options occurs first. If the landlord does not accept the tenant's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that the tenant's offer expires.
3.4. The period for acceptance of the offer begins on the day after the offer is sent by the tenant and ends on the expiry of the fifth day following the sending of the offer.
3.5. When submitting an offer via the landlord's online order form, the contract text will be saved by the landlord after the contract has been concluded and sent to the tenant in text form (email) after the order has been submitted. The landlord will not make the contract text available beyond this time.
3.6. Before submitting a binding order via the Landlord's online order form, the Tenant can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the browser's zoom function, which enlarges the display on the screen. During the electronic ordering process, the Tenant can correct their entries using the usual keyboard and mouse functions until they click the button that completes the order process.
3.7. Only the German language is available for the conclusion of the contract.
3.8. Order processing and contact are generally conducted via email and automated order processing. The tenant must ensure that the email address provided for order processing is correct, so that emails sent by the landlord can be received at this address. In particular, when using spam filters, the tenant must ensure that all emails sent by the landlord or third parties commissioned by the landlord to process orders can be delivered.
4. Conclusion of contract for sale
4.1. The products described on the seller's website ("www.housedoll.de") do not constitute binding offers on the part of the seller, but serve to make a binding offer for the purpose of concluding a purchase contract by the buyer.
4.2. The buyer can submit the offer via the online order form integrated into the seller's website. After placing the selected products in the virtual shopping cart and completing the electronic ordering process, the buyer submits a legally binding contractual offer for the products contained in the shopping cart by clicking the button that completes the ordering process. Furthermore, the buyer can also submit the offer to the seller by email or post.
4.3 The Seller may accept the Buyer’s offer within five days by
- he sends the buyer a written order confirmation or an order confirmation in text form (e-mail), whereby the receipt of the order confirmation by the buyer is decisive, or
- he leaves the purchased product to the buyer, whereby the receipt of the purchased product by the buyer is decisive, or
- he requests payment from the buyer after placing his order.
If several of the above-mentioned acceptance options exist, the contract is concluded at the time one of the above-mentioned options occurs first. If the seller does not accept the buyer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the buyer's offer expires.
4.4 The period for acceptance of the offer begins on the day after the offer is sent by the buyer and ends on the expiry of the fifth day following the dispatch of the offer.
4.5. When submitting an offer via the seller's online order form, the contract text will be saved by the seller after the contract has been concluded and sent to the buyer in text form (email) after the order has been sent. The seller will not make the contract text available beyond this time.
4.6. Before submitting a binding order via the Seller's online order form, the Buyer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detecting input errors can be the browser's zoom function, which enlarges the display on the screen. The Buyer can correct their own entries during the electronic ordering process using the usual keyboard and mouse functions until the button that completes the order process is clicked.
4.7. Only the German language is available for the conclusion of the contract.
4.8. Order processing and contact are generally carried out via email and automated order processing. The buyer 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 buyer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
5. Transfer and delivery of the rental property
5.1. The rental property will generally be delivered to the delivery address provided by the tenant. The delivery address provided by the landlord during the ordering process is decisive, unless otherwise agreed.
5.2.If the rental item is returned to the lessor by the supplier due to unsuccessful delivery to the lessee, the lessee shall bear 100% of the costs stated in the rental agreement. This does not apply if the lessee effectively exercises their right of withdrawal, if they are not responsible for the circumstances leading to the impossibility of delivery, or if they were temporarily prevented from accepting the offered service, unless the lessor provided them with reasonable advance notice of the service.
5.3. In the case of self-collection, the landlord will first inform the tenant by email, WhatsApp message, or phone call that the rental property is ready for collection. After receiving this information, the tenant can collect the rental property from the landlord's premises, after consultation with the landlord.
5.4. The lessor shall deliver the rental item to the delivery address specified by the lessee within the delivery period specified by the lessee. The customer acknowledges that certain circumstances, such as heavy traffic, an above-average order volume, or individual customer requests, may lead to delays and cannot assert any claims against the lessor. The lessor assumes no liability for any damage or loss resulting from such delays.
6. Delivery and shipping conditions for purchased products
6.1. Types of Purchase Products:
Configured doll:
- a) The order will be sent to production within 24 hours.
- b) After completion, the doll is shipped directly from the factory to the customer.
- c) The average delivery time is 3-5 weeks. This information is non-binding.
Used doll:
- a) The doll will be shipped within 48 hours of receiving your order.
- b) The customer will receive a shipment notification by email.
- c) The average delivery time is 3-7 business days. This information is non-binding.
Doll available immediately:
- a) The order is forwarded to the respective manufacturer in China, who arranges shipping from the EU warehouse.
- b) Shipping will take place within 48 hours.
- c) The customer will receive a tracking number via email.
- d) The average delivery time is 5-10 business days. This information is non-binding.
6.2. housedoll assumes no warranty or guarantee for shipping. Responsibility lies with the respective shipping company (UPS, DHL, TNT, FedEx, GLS, DB Schenker, or similar).
6.3. If the seller offers shipping of the goods, delivery will be made within the delivery area specified by the seller to the delivery address provided by the buyer, unless otherwise agreed. The delivery address provided by the buyer to the seller during the order process is decisive for the processing of the transaction. However, if the buyer chooses PayPal or another online payment provider as the payment method, the delivery address stored with PayPal or another payment provider at the time of payment is decisive.
6.4. If delivery of the goods fails due to reasons attributable to the buyer, the buyer shall bear the reasonable costs incurred by the seller as a result. This provision does not apply to shipping costs if the customer effectively exercises their right of withdrawal. The provisions for return shipping costs in the event of effective exercise of the right of withdrawal by the buyer are set out in the seller's cancellation policy.
6.5. If the buyer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the buyer as soon as the seller has handed over the goods to the freight forwarder, carrier, or another person or institution designated for shipment. If the buyer is acting as a consumer, the risk of accidental loss and accidental deterioration of the sold goods shall generally only pass to the buyer or a person authorized to receive them as soon as the goods are handed over to the buyer. Notwithstanding the above, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the buyer, even in the case of consumers, as soon as the seller has handed over the goods to the freight forwarder, carrier, or another person or institution designated for shipment.
6.6. If the Seller offers the goods for collection, the Buyer may collect the ordered goods from the address specified by the Seller during the business hours specified by the Seller.
6.7. Delivery times for in-stock items are 2-15 working days.
6.8. The Seller provides non-binding information regarding delivery times and delivery dates for the products. These details serve only as a guideline and may depend on external circumstances. The Renter acknowledges that delays in delivery may occur that are beyond the Seller's control. In particular, delivery times depend on the manufacturer's production time and the delivery routes. The Seller assumes no liability for such delays or any resulting damages.
6.9 In case of significant delays or unavailability of the ordered product, the Seller will inform the Customer immediately and, if necessary, offer alternative solutions.
6.10. For orders from customers residing or doing business abroad, or if there are reasonable grounds for non-payment, we reserve the right to delay delivery until receipt of the purchase price plus shipping costs (prepayment reservation). If we exercise this prepayment reservation, we will notify you immediately. In this case, the delivery period begins upon payment of the purchase price and shipping costs.
7. Special features of rent
7.1 Rent and payment terms
7.1.1 The prices listed on the Lessor's website are total prices, including statutory VAT. Any additional delivery and shipping costs will be listed separately on the Lessor's website.
7.1.2. The rent includes the remuneration for the provision of the leased property, as well as for its maintenance and repair.
7.1.3. Adjustments and/or modifications to the rental property made at the request of the tenant shall be paid for separately, unless they are necessary for the maintenance or repair of the rental property or to ensure its contractual use. The landlord will issue an invoice for these modifications.
7.1.4. The rent will be billed as follows:
- Rent is payable in advance for the entire term of the contract, unless otherwise agreed. The tenant can choose from various payment methods listed on the landlord's website. Any additional delivery and shipping costs must be paid along with the rent.
7.1.5. If the tenant terminates the contract for good cause, he/she shall be liable for damages for the expenses incurred and the reduced possibility of renting the property to another party.
7.1.6. The compensation shall be the total amount (gross) and shall be reduced as follows:
- Cancellation up to 7 days before the specified start date of the rental: free of charge
- Cancellation up to 2 days before the specified start date of the rental: 50% of the gross amount
- Cancellation within 48 hours of the start of the rental period: 100% of the gross amount
- Cancellation of bookings with hotel rooms apply as above plus the room costs incurred in the hotel (2 hours: 50€ gross / 1 night: 90€ gross)
Any advance payments already made will be retained. The tenant is free to provide evidence that Nova Innovate GmbH has suffered no damage or only less than the amounts listed above.
The above cancellation conditions also apply to bookings made on the same day as the order.
7.1.7. If payment is not received, the tenant will receive a payment reminder by email no earlier than 7 days after the original payment date. If the company does not have the tenant's email address, the payment reminder will be sent by post to the address provided. A fee of €5 will be charged for each subsequent reminder. If the individually adjusted payment deadline set in the payment reminder is not met and the tenant does not respond, two further reminders will be sent. The company reserves the right to contact the tenant by telephone. In doing so, reference may be made to the company 'housedoll' and its business purpose, although attempts will be made to avoid this for reasons of discretion.
If the outstanding amount is not paid in full even after the third reminder, the case will be referred to a debt collection agency for further processing and collection of the outstanding amount. In the case of partial payments, the payment request will be reduced by the amount already paid and continued accordingly until the entire outstanding amount is paid.
7.2. Deposit and return of rental products
7.2.1. To secure its claims, the landlord reserves the right to demand security from the tenant in the form of a sum of money (deposit). The amount of this security deposit can be determined and communicated by the landlord following an order placed via the website (www.housedoll.de) or in advance of an order placed by the landlord. The amount of the deposit to be paid by the tenant is based on the market value of the rental property. The deposit must be paid in advance by the tenant in the same way as the rent.
7.2.2. If the tenant returns the rental property in proper condition and with all accessories at the end of the tenancy, the landlord will refund the deposit paid by the tenant within 1-7 business days. The landlord will generally use the same payment method used by the tenant to refund the deposit.
7.2.3. If the tenant fails to return the rental property in its entirety or in a proper condition, or if the rental property is permanently lost, the landlord shall retain the corresponding amount from the security deposit to cover the tenant's damages, provided the tenant is responsible for this. The landlord reserves the right to claim higher damages if the security deposit is insufficient to cover the damages.
7.2.4. Unless a security deposit has been agreed upon, the landlord reserves the right to assert claims for damages to the rental items. To prove the damage, the landlord will create photographic documentation and a damage report. The photographic documentation and damage report will be sent to the customer within 1-7 business days after the rental items have been returned.
7.2.5. If the rental property suffers significant damage that makes further rental impossible, the landlord reserves the right to assert claims in the amount of the current market value of the rental property.
7.2.6. As part of the order process for love dolls and torsos, we would like to point out that the enclosed manual contains detailed guidelines and specifications that renters must strictly adhere to. This manual is essential for the proper and appropriate use of the products and can be viewed at any time via the footer of the website www.housedoll.de and via a link in the order confirmation.
7.3. Use of the rental property, transfer of use to third parties
7.3.1. The rental property is provided for the exclusive use of the tenant. The rental property may only be used for the contractually agreed purposes.
7.3.2 Taking the rental property abroad is not permitted.
7.3.3. The tenant is not entitled to transfer the use of the rental property to a third party without the permission of the landlord, in particular to sublet or lend it to third parties.
7.3.4. The rental property, including all accessories, remains the property of the lessor for the entire rental period.
7.3.5. In the event of seizure of the rental property by third parties or other third-party interventions, the tenant is obligated to immediately point out that the property is owned by Nova Innovate GmbH and to promptly notify the landlord in writing. If the third party fails to reimburse the resulting legal or extrajudicial costs, the tenant shall be liable for them. Legal fees will be billed in accordance with the German Lawyers' Act (RVG).
7.4. Changes to the rental property
7.4.1. The landlord is entitled to make changes to the leased property, provided they serve to maintain it. Improvements may only be undertaken if they are reasonable for the tenant and do not impair the contractual use of the leased property. The landlord must notify the tenant of such changes in a timely manner. Any expenses incurred by the tenant as a result of these changes must be reimbursed by the landlord.
7.4.2. Alterations and additions to the rental property by the tenant require the prior written consent of the landlord. This applies in particular to additions or installations, as well as the connection of the rental property to other objects. Upon return of the rental property, the tenant shall restore it to its original condition at the landlord's request.
7.4.3. Any defect, damage or loss of the rental property must be reported to the landlord immediately in writing.
7.5. Landlord’s obligation to maintain the property, tenant’s rights in the event of defects
7.5.1. The lessor is obligated to maintain the leased property in a condition suitable for contractual use for the duration of the lease term and to carry out the necessary maintenance and repair work. The relevant measures will be carried out at regular maintenance intervals and when defects, malfunctions, or damage occur. The lessor must be granted the necessary access to the leased property for this purpose.
7.5.2. The tenant must immediately notify the landlord in writing of any defects, malfunctions or damage that occur.
7.5.3. Defects shall be remedied by repairing or improving the leased property free of charge. The landlord must be granted a reasonable period of time to do so. With the tenant's consent, the landlord may replace the leased property or individual components of the leased property for the purpose of remedying the defect. The tenant will not unreasonably withhold their consent to this.
7.5.4. Termination by the tenant pursuant to Section 543, Paragraph 2, Sentence 1, No. 1 of the German Civil Code (BGB) due to failure to provide contractual use is only permissible if the landlord has been given sufficient opportunity to remedy the defect and this has failed. Failure to remedy the defect can only be assumed if this is impossible, if the landlord refuses to remedy it or unreasonably delays it, if there are reasonable doubts regarding the prospects of success, or if the remedy is unreasonable for the tenant for other reasons.
7.5.5. The tenant's rights regarding defects are excluded if they make or have made changes to the leased property without the landlord's consent, unless the tenant proves that the changes will not have an unreasonable impact on the landlord's ability to analyze and remedy the defect. The tenant's rights regarding defects remain unaffected provided the tenant is entitled to make changes, particularly within the scope of exercising the right to self-remedy pursuant to Section 536a Paragraph 2 of the German Civil Code (BGB), and these changes were carried out professionally and documented in a comprehensible manner.
7.5.6. Rental items designated VR must be handled in accordance with the specifications and instructions described in the accompanying user manual. These documents will be sent to the renter in the order confirmation and are accessible at any time on the website www.housedoll.de.
7.5.7. In the event of damage or impairment of the functionality of the VR rental property, which, according to our inspection, can be attributed to the tenant, the tenant is obligated to bear the costs of replacement in the amount of €469.
7.5.7. If the failure of or damage to the VR rental equipment prevents another previously confirmed rental from being carried out with a replacement device, the renter will be charged additional costs for the loss of rental.
7.5.7. All costs incurred as a result of the damage described above shall be borne by the tenant and paid within 7 days of invoicing.
7.6. Costs for damages and additional services
7.6.1. The landlord will hand over the rental property in a thoroughly inspected, cleaned, and disinfected condition. Should the tenant soil the rental property beyond normal use, an additional cleaning fee of €39 will be charged.
7.6.2. In particular, the vaginal insert must be removed and cleaned by the tenant after use (use only with a condom).
7.6.3 As part of our rental agreement, we expect tenants to treat the products carefully and responsibly. In the event of damage or increased costs for cleaning and repair, the following fees apply:
- If the product is dirty beyond normal levels, a flat rate of €39 will be charged for additional cleaning.
- If significant discoloration of the thermoplastic elastomer (TPE) or silicone, which may form the outer skin of the rental equipment, is discovered, measuring at least 5x5 centimeters, requiring specialized treatment, the lessor will charge a processing fee of €20. Should multiple discolorations be present or a discoloration extend across the entire body of the TPE or silicone, the lessor reserves the right to claim damages in the amount of the current value of the rental equipment in order to preserve the integrity and value of the rental equipment.
- For the repair of a cut in TPE or silicone that is at least 5 cm wide or deep, we charge 15€.
- The landlord will charge a fee of €90 for the repair of a defective joint. In the event that a joint is irreparably damaged, rendering the rental property unusable for future rental purposes, the landlord reserves the right to claim damages in the amount of the current market value of the rental property in question to adequately compensate for the resulting loss in value.
- If the product has been contaminated with bodily fluids that require special cleaning, a fee of €60 will be charged.
- If renters fail to return certain items upon return of the product or return them in an unusable condition, we will charge the following fees:
- USB heating element: 30€
- Hairbrush: 20€
- Insert: 50€
- Shemale kit: 90€
- Clothing item: 40€
- Wig: 40€
- Single eye or pair: 20€
- VR headset: €490
- Controller: 160€
- USB-C cable: 30€
- Power plug: 20€
- VR carrying case: 120€
- VR silicone case: €80
- Doll carrying case: 580€
We ask renters to treat the products with respect to avoid additional charges. Please note that these fees are intended to maintain the integrity and quality of our products and provide our future renters with an equivalent experience.
All paragraphs mentioned in §7 continue to apply without restriction.
7.7 Liability
7.7.1. Both the landlord and the tenant undertake to observe and comply with all contractual obligations, duties of care, and consideration necessary for the proper fulfillment of the contractual services. In the event of a breach of duty, contractual, quasi-contractual, and statutory claims, including tortious claims, for damages and reimbursement of expenses may arise and may be asserted if necessary. Necessary contractual obligations, duties of care, and consideration are obligations that arise from the contract for the landlord and tenant and are imposed to achieve the purpose of the contract.
7.7.2. The landlord is generally only liable for circumstances for which he is responsible. This applies:
- in case of intent or gross negligence,
- based on a guarantee promise, unless otherwise agreed,
- due to mandatory liability such as under the Product Liability Act.
Otherwise, the landlord’s liability is excluded.
7.7.3. If the landlord negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, provided that the landlord is responsible for such damage.
7.7.4. The Tenant acknowledges that the use of rental products may involve sexual acts, which may carry an inherent risk of injury, accidents, or other health impairments. The renter agrees that housedoll assumes no liability for any physical harm, damage, or health impairments resulting from such acts, including, but not limited to:
- Physical injuries of any kind caused to the renter or third parties while using the rental products.
- Health problems or complications arising as a direct or indirect result of the use of the rental products.
The renter agrees to take all necessary precautions to minimize the risk of injury or damage and to use the rental products in accordance with the specifications and recommendations of the lessor.
The lessor shall not be liable for any indirect, incidental, consequential or exemplary damages resulting from the use of the rental products, regardless of whether the lessor was aware or should have been aware of the possibility of such damages.
7.7.5. The above liability provisions also apply with regard to liability in the event of a purchase by a buyer.
7.8. Contract term, termination of the tenancy
7.8.1. The tenancy agreement is concluded for a fixed term and ends automatically upon expiration of the agreed rental period. The rental period will be communicated to the tenant on the landlord's website and is part of the contractual agreement.
7.8.2. The rental period begins upon handover of the rental property to the tenant.
7.8.3. The tenant's right to extraordinary termination pursuant to Section 543, Paragraph 2, Sentence 1, No. 1 of the German Civil Code (BGB) due to failure to grant contractual use, as well as the right of each party to extraordinary termination for good cause, remains unaffected.
7.8.4. Termination must be in writing (e.g., by email) to be effective.
7.9 Return of the rental property
7.9.1. Upon termination of the contractual relationship, the tenant must return the rental property to the landlord in proper condition.
7.9.2. The tenant shall reimburse the costs of repairing any damage or defects to the rental property for which he/she is responsible.
7.9.3. If the tenant is obligated by the contract to return the rental property, he/she shall bear the costs for the return transport of the rental property, unless otherwise agreed.
7.9.4. If the agreed rental period is exceeded, the tenant is obligated to pay the landlord an amount equal to the agreed rent for each day of the excess. The landlord expressly reserves the right to claim any additional damages.
8. Special features of purchase
Warranty
8.1 We are liable for material or legal defects in delivered items in accordance with applicable statutory provisions, in particular Sections 434 et seq. of the German Civil Code (BGB). The limitation period for statutory claims for defects is two years and begins upon delivery of the goods.
8.2 Any seller guarantees provided by us for specific items or manufacturer guarantees granted by the manufacturers of specific items shall apply in addition to the claims for material defects or defects of title within the meaning of paragraph 1. Details of the scope of such guarantees can be found in the guarantee conditions that may accompany the items.
8.3. housedoll provides no warranty or guarantee for technical components, especially so-called "robotics." This includes, among other things, electronic control units, motorized functions, and all other electronic components. Claims for defects and claims arising from any warranty are excluded to the extent they relate to the aforementioned technical components. This provision also applies to damage caused by improper use, in particular contact with liquids.
Liability
8.4. We shall be liable to you in all cases of contractual and non-contractual liability for damages or reimbursement of wasted expenses in accordance with the statutory provisions in the event of intent or gross negligence.
8.5. In other cases, unless otherwise provided in paragraph 3, we shall only be liable for breaches of a contractual obligation whose fulfillment is essential for the proper execution of the contract and on whose compliance you as a customer may regularly rely (so-called cardinal obligations), and shall be limited to compensation for foreseeable and typical damages. In all other cases, our liability is excluded, subject to the provisions of paragraph 3.
8.6. Our liability for damages resulting from injury to life, body or health and under the Product Liability Act remains unaffected by the above limitations and exclusions of liability.
9. Final provisions, severability clause
9.1 Any ancillary agreements must be made in writing to be valid.
9.2 The EU Commission provides a platform for online dispute resolution at the following link: hhps://ec.europa.eu/consumers/odr. This platform serves as a contact point for the out-of-court settlement of disputes arising from online sales or service contracts involving a consumer. The lessor is not obligated to participate in dispute resolution proceedings before a consumer arbitration board, but is generally willing to do so.
9.3. Should individual provisions of these Terms and Conditions be or become invalid or void in whole or in part, or should they become invalid or void in whole or in part as a result of a change in the law or as a result of supreme court rulings or in any other way, or should these Terms and Conditions contain any gaps, the contracting parties agree that the remaining provisions of these Terms and Conditions shall remain unaffected and shall therefore retain their validity.
9.4. To the extent that the contract or these General Terms and Conditions contain gaps in regulation, or if gaps arise due to ineffectiveness or invalidity, the legally effective provisions that the contracting parties would have agreed upon in accordance with the economic objectives of the contract and the purpose of the General Terms and Conditions if the gap had been known shall be deemed to have been filled.
9.5. All disputes or claims arising in connection with the contractual performance shall be subject to German law.
9.6. If you are a merchant and are domiciled in Germany at the time of the order, the exclusive place of jurisdiction shall be the registered office of the seller. Otherwise, the applicable statutory provisions shall apply to local and international jurisdiction.