General terms and conditions of business.

Status 13.07.2024

General Terms and Conditions

1 Scope of application

1.1 These General Terms and Conditions of Sale (hereinafter: GTC) apply to all contracts concluded via our online store between us,

Nova Innovate GmbH, c/oWorkbox Berlin GmbH, Wilhelm-von-Siemens-Str. 12-14, 12277 Berlin , phone: +49 (0) 30 220 13 558, e-mail: info@housedoll.de

and you as our customer. The GTC apply regardless of whether you are a consumer, entrepreneur or merchant.

1.2 All agreements made between you and us in connection with the purchase contract result in particular from these Terms and Conditions of Sale, our written order confirmation and our declaration of acceptance.

1.3 The version of the GTC valid at the time the contract is concluded shall apply.

1.4 We do not accept any deviating terms and conditions of the customer. This shall also apply if we do not expressly object to their inclusion.

1.5 Only persons who have reached the age of 18 may be tenants or buyers. Proof of age may be requested upon collection or shipment of the goods in the form of a valid identity card.

1.6 The character traits and product photos of a doll described on the Lessor's website are fictitious and serve only to stimulate the imagination. The dolls are not capable of performing the services described independently. The items of 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 takes place exclusively in the Berlin area and the neighboring postal code areas. The love dolls are delivered to the customer completely cleaned and disinfected by housedoll.

2.1.2 Delivery shall be made by housedoll's own delivery service on the day of the selected rental start date between 18:00 and 21:00. The customer will be informed by e-mail 30 minutes before arrival.

2.1.3 The love doll will be collected on the day of the last rental day between 09:00 and 12:00. The exact time of collection will be agreed between the customer and the driver upon delivery.

2.1.4 Before and after delivery, a record of the doll's condition is drawn up, which cannot be viewed by the customer. If serious damage is found after the doll has been returned, the customer will be invoiced for this subsequently.

2.2 Sale of love dolls

2.2.1. housedoll offers three different products for sale: configured doll, used doll, and immediately available doll.

Configured doll:

2.2.2. the customer can configure a love doll according to his wishes. The order will be sent to the production department within 24 hours, within this period a revocation is possible.

2.2.3 After the 24-hour period has expired, revocation is excluded in accordance with the 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 the shipment. 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 ordering. The customer will receive a shipment notification.

2.2.6 The dolls are cleaned and disinfected according to a specific hygiene concept and shrink-wrapped in a hygiene film.

2.2.7. the right of withdrawal expires when the hygiene film is opened, as this is a medical product.

2.2.8. 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).

Doll available immediately:

2.2.9 These dolls are stored in warehouses of the respective manufacturer within the EU (France, Spain, Germany, Poland, Netherlands or others).

2.2.10. When an order is placed, the shipment of the already configured doll will be arranged by the respective manufacturer in China within 48 hours.

2.2.11. The customer will be informed by e-mail with a shipment number.

2.2.12. The right of withdrawal expires when the box is opened, as it is then no longer possible to trace whether the doll has already been used.

2.2.13. housedoll does not assume any warranty or guarantee for the shipment. The 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 Lessor's website ("www.housedoll.de") do not constitute binding offers on the part of the Lessor, but serve to submit a binding offer for the purpose of concluding a rental agreement by the Lessee.

3.2 The Lessee can submit the offer via the online order form integrated into the Lessor's website. After placing the selected rental items in the virtual shopping cart and going through the electronic ordering process, the Lessee submits a legally binding contractual offer with regard to the rental items contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the Lessee can also submit the offer to the Lessor by e-mail or post.

3.3 The Landlord may accept the Tenant's offer within five days by

• sending the Lessee a written order confirmation or an order confirmation in text form (e-mail), whereby the receipt of the order confirmation by the Lessee is decisive in this respect, or
• handing over the rented item to the tenant, whereby the receipt of the rented item by the customer is decisive in this respect, or
• he requests payment from the Lessee after the order has been placed.

If there are several of the above-mentioned acceptance options, the contract shall be concluded at the point in time at which 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 consequence that the Tenant's offer expires.

3.4 The period for accepting the offer begins on the day after the Tenant sends the offer and ends at the end of the fifth day following the sending of the offer.

3.5 When submitting an offer via the online order form of the landlord, the contract text is saved by the landlord after the conclusion of the contract and sent to the tenant in text form (e-mail) after the tenant's order has been sent. The Lessor shall not make the text of the contract available beyond this.

3.6 Before binding submission of the order via the online order form of the landlord, the tenant can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means of better recognizing input errors can be the browser's magnification function, which enlarges the display on the screen. During the electronic ordering process, the tenant can correct his/her entries using the usual keyboard and mouse functions until he/she clicks on the button that concludes the ordering process.

3.7 Only the German language is available for the conclusion of the contract.

3.8 Order processing and contact are generally carried out by e-mail and automated order processing. The Lessee must ensure that the e-mail address provided by him/her for order processing is correct so that the e-mails sent by the Lessor can be received at this address. In particular, when using SPAM filters, the Lessee must ensure that all e-mails sent by the Lessor or by third parties commissioned by the Lessor to process the order can be delivered.

4 Conclusion of contract for sale

4.1 The purchase products described on the seller's website ("www.housedoll.de") do not constitute binding offers on the part of the seller, but serve to submit a binding offer for the purpose of concluding a purchase contract by the buyer.

4.2 The Buyer may submit the offer via the online order form integrated into the Seller's website. After placing the selected purchase products in the virtual shopping cart and going through the electronic ordering process, the buyer submits a legally binding contract offer with regard to the purchase products contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the buyer can also submit the offer to the seller by e-mail or post.

4.3 The seller can accept the buyer's offer within five days by

• sending 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 in this respect, or
• he hands over the purchase product to the buyer, whereby the receipt of the purchase product by the buyer is decisive in this respect, or
• he/she requests payment from the buyer after the buyer has placed his/her order.

If there are several of the above-mentioned acceptance options, the contract is concluded at the point in time at which 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 accepting the offer begins on the day after the buyer sends the offer and ends at the end of the fifth day following the sending of the offer.

4.5 When submitting an offer via the seller's online order form, the text of the contract is saved by the seller after the contract has been concluded and sent to the buyer in text form (e-mail) after the buyer's order has been sent. The seller will not make the text of the contract available beyond this.

4.6 Before binding submission of the order via the seller's online order form, the buyer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means of better recognizing input errors can be the browser's magnification function, which enlarges the display on the screen. The buyer can correct his/her own entries during the electronic ordering process using the usual keyboard and mouse functions until the button that concludes the ordering process is clicked.

4.7 Only the German language is available for the conclusion of the contract.

4.8 Order processing and contact are usually carried out by e-mail and automated order processing. The buyer must ensure that the e-mail address provided by him/her for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the buyer must ensure that all e-mails 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 object

5.1 The rental item shall generally be provided by shipping to the delivery address specified by the Lessee. Unless otherwise agreed, the delivery address specified in the Lessor's order process shall be decisive.

5.2 If the rented item is returned to the Lessor by the supplier due to unsuccessful delivery to the Lessee, the Lessee shall bear 100% of the costs specified in the rental agreement. This shall not apply if the Lessee effectively exercises his/her right of withdrawal, if he/she is not responsible for the circumstance that led to the impossibility of delivery or if he/she was temporarily prevented from accepting the service offered, unless the Lessor gave him/her reasonable advance notice of the service.

5.3 In the case of self-collection, the Lessor shall first inform the Lessee by email, WhatsApp message or phone call that the rental item is ready for collection. After receiving this information, the Lessee can collect the rental item from the Lessor's registered office by arrangement with the Lessor.

5.4 The Lessor shall deliver the rental item to the delivery address specified by the Lessee within the delivery period specified by the Lessor. The customer is aware that certain circumstances, such as heavy traffic, an above-average number of orders or individual customer requirements, may lead to delays and cannot assert any claims against the lessor. The Lessor accepts no liability for any damage or loss resulting from such delays.

6 Delivery and shipping conditions of purchased products

6.1 Types of purchased products:

Configured doll:

1. a) The order will be sent to production within 24 hours.
2. b) After completion, the doll is shipped directly from the factory to the customer.
3. c) The average delivery time is 3-5 weeks. This information is not binding.

Used doll:

1. a) The doll will be shipped within 48 hours of receipt of the order.
2. b) The customer receives a shipment notification by e-mail.
3. c) The average delivery time is 3-7 working days. This information is not binding.

Immediately available doll:

1. a) The order will be forwarded to the respective manufacturer in China, who will arrange shipment from the EU warehouse.
2. b) The shipment is made within 48 hours.
3. c) The customer receives a shipment number by e-mail.
4. d) The average delivery time is 5-10 working days. This information is non-binding.

6.2. housedoll assumes no warranty or guarantee for shipping. The responsibility lies with the respective shipping company (UPS, DHL, TNT, FedEx, GLS, DB Schenker or similar).

6.3 If the seller offers to ship the goods, delivery shall be made within the delivery area specified by the seller to the delivery address specified by the buyer, unless otherwise agreed. The delivery address specified by the buyer during the order process with the seller is decisive for the processing of the transaction. However, if the buyer chooses the payment method PayPal or other online payment providers, the delivery address that is stored with PayPal or other payment providers at the time of payment is decisive.

6.4 If the delivery of the goods fails for reasons for which the Buyer is responsible, the Buyer shall bear the reasonable costs incurred by the Seller as a result. This provision does not apply to the costs of returning the goods if the customer effectively exercises his right of withdrawal. The regulation for the return costs in the event of the effective exercise of the right of withdrawal by the buyer results from the seller's withdrawal policy.

6.5 If the buyer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the buyer as soon as the seller has handed over the goods to the forwarding agent, the carrier or any other person or institution designated for shipment. If the buyer is acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall only pass to the buyer or a person authorized to receive the goods as soon as the goods are handed over to the buyer. Notwithstanding the above, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the buyer, even in the case of consumers, as soon as the seller has handed over the goods to the forwarding agent, the carrier or any other person or institution designated for shipment.

6.6 If the seller offers the goods for collection, the buyer can collect the ordered goods within the business hours specified by the seller at the address specified by the seller.

6.7 The delivery time for goods in stock is 2-15 working days.

6.8 The seller provides non-binding information on the delivery times or delivery dates of the products. This information serves only as a guideline and may depend on external circumstances. The Lessee is aware that there may be delays in delivery that are beyond the control of the Seller. In particular, delivery times are dependent on the production time at the manufacturer and the delivery routes. The seller accepts no liability for such delays or any resulting damages.

6.9 In the event of significant delays or unavailability of the ordered product, the seller will inform the customer immediately and, if necessary, offer alternative solutions.

6.10. In the case of orders from customers with a place of residence or business abroad or in the event of justified indications of a risk of non-payment, we reserve the right to deliver only after receipt of the purchase price plus shipping costs (reservation of prepayment). If we make use of the prepayment reservation, we will inform you immediately. In this case, the delivery period shall commence upon payment of the purchase price and shipping costs.

7. special features of rent

7.1 Rent and terms of payment

7.1.1 The prices stated on the Lessor's website are total prices that include statutory VAT. Any additional delivery and shipping costs will be indicated separately on the Lessor's website.

7.1.2 The rent includes the remuneration for the provision of the rental object as well as for its maintenance and repair.

7.1.3 Adjustments and/or modifications made to the rental object at the request of the Lessee shall be remunerated separately, unless they are necessary for the maintenance or repair of the rental object or to ensure its contractual use. The Lessor shall issue an invoice for this.

7.1.4 The rent shall be settled as follows:

• The rent shall be paid in advance for the entire term of the contract, unless otherwise agreed. To pay the rent, the Tenant can choose between different payment methods, which are specified on the Landlord's website. Any additional delivery and shipping costs incurred are to be paid together with the rent.

7.1.5 If the Lessee terminates the contract for good cause, he/she shall be obliged to pay compensation for the expenses incurred and the reduced possibilities of renting the property to another party.

7.1.6 The compensation shall amount to the total amount (gross) and shall be reduced as follows:

• Cancellation up to 7 days before the specified rental start date: free of charge
• Cancellation up to 2 days before the specified rental start date: 50% of the gross amount
• Cancellation within 48 hours before 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 (2h: 50€ gross / 1 night: 90€ gross)

If advance payment has already been made, any payments will be retained. The tenant has the right to prove that Nova Innovate GmbH has incurred no or only less damage than the amounts listed above.

The above cancellation conditions also apply to bookings for the same day as the order.

7.1.7 In the event of non-receipt of payment, a payment reminder will be sent to the renter by e-mail at the earliest 7 days after the original payment date. If the company does not know the tenant's e-mail address, the payment reminder will be sent by post to the address provided. A fee of 5 euros will be charged for each subsequent reminder. If the individually adjusted deadline for payment set in the payment reminder is not met and there is no response from the tenant, two further reminders will be sent. The company reserves the right to contact the tenant by telephone. In doing so, it is possible that the company 'housedoll' and its business purpose will be referred to, whereby an attempt will be made to avoid this for reasons of discretion.

If the amount due is not paid in full even after the third reminder, the case will be handed over 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 has been paid.

7.2 Deposit and return of rental products

7.2.1 In order to secure its claims, the Lessor reserves the right to demand security from the Lessee in the form of a sum of money (deposit), the amount of which the Lessor may determine and notify following an order placed via the website (www.housedoll.de) or in advance of an order placed by the Lessee. The amount of the deposit to be paid by the Tenant shall be based on the market value of the rental item. The security deposit shall be paid by the Tenant in advance in the same way as the rent.

7.2.2 If the Tenant returns the rented property at the end of the tenancy in proper condition and with all accessories, the Landlord shall return the deposit paid by the Tenant to the Tenant within 1-7 working days. For the repayment of the deposit, the Landlord shall generally use the same means of payment that the Tenant used to pay the deposit.

7.2.3 If the Tenant does not return the rented property in full or in proper condition or if the rented property is permanently lost, the Landlord shall retain the corresponding amount from the deposit to cover its loss, provided the Tenant is responsible for this. The Landlord reserves the right to claim higher damages if the deposit is not sufficient to cover the damage.

7.2.4 If no deposit has been agreed, the Lessor reserves the right to assert claims in the event of damage to the rented property. In order to prove the damage, the Landlord shall prepare photographic documentation and a damage report. The photographic documentation and the damage report shall be sent to the customer within 1-7 working days of the return of the rented items.

7.2.5 If the rental item shows significant damage that makes further rental impossible, the Lessor reserves the right to assert claims in the amount of the current market value of the rental item.

7.2.6 As part of the order processing for love dolls and torsos, we would like to point out that the enclosed handbook contains a detailed list of essential guidelines and specifications which renters must 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 object, transfer of use to third parties

7.3.1 The rental object is provided for the exclusive use of the Lessee. The rental object may only be used for the contractually agreed purposes.

7.3.2 It is not permitted to take the rental item abroad.

7.3.3 The Lessee is not entitled to transfer the use of the rental object to a third party without the Lessor's permission, in particular to sublet or lend it to third parties.

7.3.4 The rental object, including all accessories, shall remain the property of the Lessor for the entire rental period.

7.3.5 In case of seizure of the rental object by third parties or other interventions by third parties, the lessee is obliged to immediately point out the ownership of Nova Innovate GmbH and to inform the lessor immediately in writing. If the third party does not reimburse the judicial or extrajudicial costs incurred in this context, the tenant is liable for these, whereby legal fees will be charged in accordance with the RVG.

7.4 Changes to the rental object

7.4.1 The Landlord is entitled to make changes to the rented property, provided that these serve the purpose of maintenance. Improvement measures may only be carried out if they are reasonable for the Tenant and do not impair the contractual use of the rented property. The landlord must inform the tenant of such measures in good time in advance. If the Tenant incurs expenses as a result of these measures, these shall be reimbursed by the Landlord.

7.4.2 Changes and additions to the rented property by the Tenant require the prior written consent of the Landlord. This applies in particular to attachments or installations as well as the connection of the rental object with other objects. Upon return of the rental object, the Tenant shall restore the original condition at the request of the Landlord.

7.4.3 The Lessee shall notify the Lessor immediately in writing of any defect, damage or loss of the rental object.

7.5 Landlord's duty of maintenance, Tenant's rights in the event of defects

7.5.1 The Landlord is obliged to keep the rented property in a condition suitable for use in accordance with the contract for the duration of the rental period and to carry out the necessary maintenance and repair work. The corresponding measures shall be carried out at regular maintenance intervals and when defects, faults or damage occur. The Lessor shall be granted the necessary access to the rented property for this purpose.

7.5.2 The Lessee must notify the Lessor immediately in writing of any defects, faults or damage.

7.5.3 Defects shall be remedied by rectifying or repairing the rented property free of charge. The Lessor shall be granted a reasonable period of time for this purpose. With the consent of the Lessee, the Lessor may replace the rented item or individual components of the rented item for the purpose of remedying the defect. The Tenant shall not unreasonably withhold his/her consent to this.

7.5.4 Termination by the Tenant pursuant to § 543 para. 2 sentence 1 no. 1 BGB for failure to grant use in accordance with the contract is only permissible if the Landlord has been given sufficient opportunity to remedy the defect and this has failed. It shall only be assumed that the rectification of defects has failed if it is impossible, if the landlord refuses or unreasonably delays it, if there are reasonable doubts as to the prospects of success or if it is unreasonable for the tenant for other reasons.

7.5.5 The Tenant's rights due to defects are excluded if the Tenant makes changes to the rented property or has them made without the Lessor's consent, unless the Tenant proves that the changes have no unreasonable impact on the analysis and elimination of the defect for the Lessor. The Tenant's rights due to defects shall remain unaffected, provided that the Tenant is entitled to make changes, in particular within the scope of exercising the right of self-remedy pursuant to § 536a para. 2 BGB, and these have been carried out professionally and documented in a comprehensible manner.

7.5.6 Rented items with the designation VR must be handled in accordance with the specifications and instructions described in the associated user manual. The documents will be sent to the Lessee in the order confirmation and are accessible at all times on the website www.housedoll.de.

7.5.7 In the event of damage to or impairment of the functionality of the VR rental item which, according to our inspection, is attributable to the Lessee, the Lessee shall be obliged to bear the costs of a new purchase in the amount of 469€.

7.5.7 If, due to the failure of or damage to the VR rental item, it is not possible to carry out another confirmed rental with a replacement device, the Lessee will also be charged the costs incurred for the loss of rental.

7.5.7 All costs incurred as a result of the damage described shall be borne by the Lessee and must be paid within 7 days of the invoice being issued.

7.6 Costs for damage and additional services

7.6.1 The rental object shall be handed over by the Lessor in an inspected, cleaned and disinfected condition. If the Tenant soils the rented property beyond normal use, he/she will be charged an additional cleaning fee of 39 €.

7.6.2 The vaginal insert in particular must be removed and cleaned by the Hirer after use (use only with a condom).

7.6.3 As part of our rental relationship, we expect the tenants to handle the products carefully and responsibly. In the event of damage or increased cleaning and repair costs, the following charges apply:

1. If the product is soiled beyond the usual level, a flat rate of 39€ will be charged for additional cleaning.
2. If a significant discoloration of the thermoplastic elastomer (TPE) or silicone, which can form the outer skin of the rental items, is detected with an extension of at least 5x5 centimeters, which requires specialized treatment, a processing fee of 20 euros will be charged by the lessor. In the event of multiple discolorations or if a discoloration extends over 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 object in order to preserve the integrity and value of the rental object.
3. For the repair of a cut in the TPE or silicone that is at least 5 cm wide or deep, we charge 15€.
4. For the repair of a defective joint, the rental company will charge a fee of 90 euros. In the event that a joint is irreparably damaged, rendering the rental object unusable for future rental purposes, the lessor reserves the right to claim damages in the amount of the current market value of the rental object in question in order to adequately compensate for the loss of value incurred.
5. If the product has been soiled with bodily fluids that require special cleaning, a fee of 60€ will be charged.
6. If certain items are not returned or are returned in an unusable condition when the product is returned, we will charge the following fees:
• USB heater: 30€
• Hairbrush: 20€
• Insert: 50€
• Shemale kit: 90€
• Garment: 40€
• Wig: 40€
• Single eye or pair: 20€
• VR headset: 490€
• Controller: 160€
• USB-C cable: 30€
• Power plug: 20€
• VR transport bag: 120€
• VR silicone case: 80€
• Doll carrying bag: 580€

We ask renters to treat the products with respect in order to avoid additional costs. Please note that these fees are to maintain the integrity and quality of our products and to provide an equivalent experience for our future renters.

All paragraphs mentioned in §7 continue to apply without restriction.

7.7 Liability

7.7.1 Both the Lessor and the Lessee 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 claims in tort, for damages and reimbursement of expenses may arise and 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 in order to achieve the purpose of the contract.

7.7.2 The landlord is only liable for circumstances for which he is responsible. This is the case

• in the case of intent or gross negligence,
• on the basis of a guarantee promise, unless otherwise regulated in this respect,
• due to mandatory liability such as under the Product Liability Act.

Otherwise, liability on the part of the Rental Firm is excluded.

7.7.3 If the Lessor negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, insofar as the Lessor is responsible for this.

7.7.4 The Lessee acknowledges that the use of the rental products may involve sexual acts, which may entail an inherent risk of injury, accidents or other health impairments. The hirer agrees that housedoll accepts no liability whatsoever for any physical harm, damage or damage to health resulting from such acts, including but not limited to:

• Physical injuries of any kind inflicted on the tenant or third parties while they are using the rental products.
• Health problems or complications arising as a direct or indirect consequence of the use of the rental products.

The Lessee undertakes to take all necessary precautions to minimize the risk of injury or damage and to use the rental products in accordance with the Lessor's instructions and recommendations.

The Lessor shall not be liable for indirect, accidental, consequential or exemplary damage 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 damage.

7.7.5 The above liability provisions also apply with regard to liability in the event of a purchase by a buyer.

7.8 Term of the contract, termination of the tenancy

7.8.1 The tenancy is concluded for a fixed term and ends automatically at the end of the agreed rental period. The tenant shall be informed of the rental period on the landlord's website and this shall form part of the contractual agreement.

7.8.2 The rental period begins when the rental item is handed over to the Lessee.

7.8.3 The Tenant's right to extraordinary termination in accordance with § 543 para. 2 sentence 1 no. 1 BGB due to failure to grant use in accordance with the contract and the right of each party to extraordinary termination for good cause shall remain unaffected.

7.8.4 The termination must be in text form (e.g. by e-mail) to be effective.

7.9 Return of the rental object

7.9.1 At the end of the contractual relationship, the Tenant must return the rented property to the Landlord in proper condition.

7.9.2 The Tenant shall reimburse the costs of restoration in the event of any damage or defects to the rented property for which he/she is responsible.

7.9.3 If the Lessee is obliged by the contract to return the rental object, he/she shall bear the costs for the return transportation of the rental object, unless otherwise agreed.

7.9.4 If the agreed rental period is exceeded, the Lessee shall be obliged to pay the Lessor an amount corresponding to the agreed rent for each day the rental period is exceeded. The Lessor expressly reserves the right to claim damages in excess of this amount.

8. special features of purchase

Warranty

8.1 We are liable for material defects or defects of title of delivered items in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. The limitation period for statutory claims for defects is two years and begins with the delivery of the goods.

8.2 Any seller's warranties given by us for certain items or manufacturer's warranties granted by the manufacturers of certain 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 warranties can be found in the warranty conditions that may be enclosed with the items.

8.3. housedoll does not assume any guarantee or warranty for technical components, in particular for so-called "robotics". This includes, among other things, electronic control units, motorized functions and all other electronic components. Claims for defects and claims under any guarantee are excluded insofar as they relate to the technical components mentioned. This regulation also applies to damage caused by improper use, in particular by contact with liquids.

Liability

8.4 We shall be liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.

8.5 In other cases, we shall only be liable - unless otherwise stipulated in paragraph 3 - in the event of a breach of a contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which you as a customer may regularly rely (so-called cardinal obligation), limited to compensation for foreseeable and typical damage. In all other cases, our liability is excluded, subject to the provision in paragraph 3.

8.6 Our liability for damages resulting from injury to life, body or health and under the Product Liability Act shall remain 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 on the Internet at the following link: https://ec.europa.eu/consumers/odr. This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved. The landlord is not obliged to participate in a dispute resolution procedure before a consumer arbitration board, but is generally willing to do so.

9.3 Should individual provisions of these GTC be invalid or void in whole or in part, or become invalid or void in whole or in part as a result of a change in the legal situation or through supreme court rulings or in any other way, or should these GTC contain loopholes, the contracting parties agree that the remaining provisions of these GTC shall remain unaffected and consequently retain their validity.

9.4 Insofar as the contract or these GTC contain loopholes or loopholes arise due to invalidity or nullity, those legally effective provisions shall be deemed to have been agreed to fill these loopholes which the contracting parties would have agreed in accordance with the economic objectives of the contract and the purpose of the GTC if the loophole had been known.

9.5 All disputes or claims arising in connection with the contractual performance shall be governed by German law.

9.6 If you are a merchant and have your registered office in Germany at the time of the order, the exclusive place of jurisdiction is the registered office of the seller. Otherwise, the applicable statutory provisions shall apply to local and international jurisdiction.