Terms and Conditions

§ 1 General and applicable law

(1) The aim of this agreement is to define clear framework conditions for the customer and Rising Hawk and to create the basis for a fair, cooperative business relationship. (2) The following general terms and conditions regulate the contractual relationship between Rising Hawk (Managing Director: Kristin Howe Skewas and Juergen Haas) (Rising Hawk) and the customer. Any agreements that deviate from this must always be in writing. By placing the order, the customer agrees to these general terms and conditions and is bound by them. (3) The following general terms and conditions apply - unless otherwise expressly stated - to both consumers and entrepreneurs.

§ 2 Conclusion of contract

(1) Our offers are non-binding and subject to change. The presentation of the products in the online shop does not represent a legally binding offer, but rather a non-binding online catalog. Rising Hawk expressly reserves the right to vary the content of the respective service offering and to change it at any time.

(2) The ordering process for concluding the contract includes the following steps in the shop system:

• Selection of the offer in the desired specification
• Add the offer to the shopping cart
• Enter the billing and delivery address
• Selection of payment method
• Reviewing and processing the order and all entries
• Pressing the “Send order” button
• Confirmation email that order has been received

The contract is concluded when the order confirmation is sent. Confirmation of receipt of the order follows immediately after receipt of the order confirmation with the payment request. No purchase contract is concluded for goods from an order that are not listed in the order confirmation. The buyer is responsible for the accuracy of his information, in particular the complete and correct e-mail address he provided to process the order as well as his delivery address. Rising Hawk assumes no liability for transmission errors when ordering. A contract will not be concluded if the buyer cannot be reached or verified when the order is confirmed. By placing the order, the customer confirms that they are over 18 years old. If it turns out that this is not the case, we are entitled to withdraw.

§ 3 Purchase price payment and default by the buyer

(1) Unless explicitly stated otherwise, all prices on the product overview and product detail pages are in euros, including statutory prices and ex works/warehouse. Unless otherwise agreed in writing, the shipping costs will be invoiced to the customer additionally.(2) Offsetting: The customer can only assert the right to offsetting if the counterclaims have been legally established and recognized by Rising Hawk.(3) For purchases At www.risinghawk.wtf, Rising Hawk basically offers the following payment methods: advance payment transfer and PayPal. Rising Hawk reserves the right not to offer certain payment methods to a buyer and to refer to other payment methods. If the payment method chosen by the buyer cannot be carried out by Rising Hawk despite implementation in accordance with the contract, especially because a debit from the buyer's account is not possible due to insufficient funds in his account or because incorrect data has been provided, the buyer must reimburse Rising Hawk for the additional costs incurred as a result. (4) To pay in advance, i.e. by transferring the total amount (purchase price plus shipping costs), the buyer receives Rising Hawk's account details and a intended purpose with the order confirmation. The buyer is obliged to transfer the total amount immediately after conclusion of the contract, stating the intended purpose. The goods will only be produced and shipped after receipt of payment. (5) PayPal: Rising Hawk is prepared to accept credits to the PayPal account Rising Hawk for the sake of performance (§364 II BGB) (the provider is PayPal (Europe) S.à r.l. et Cie, S.C.A., 5th floor, 22-24 Boulevard Royal, L-2449, Luxembourg). The contractual relationships between PayPal and its customers are governed exclusively by PayPal's terms of use.

§ 4 Delivery/Shipping

(1) Delivery takes place by sending the purchased item to the address provided electronically by the buyer. The customer undertakes to announce any change in address before placing a new order, but at the latest during the course of this. In any case, the customer bears the risk of any breach (default) of the ordered goods if the change in the delivery address was not announced in accordance with the contract. (2) Delivery will only take place once the total amount has been paid into the account specified on the order confirmation. (3 ) The packaging and shipping costs (e.g. for suitcase films) for deliveries can be found in our price list. This can be adjusted to the current market prices at any time. All changed prices and fees will be published immediately in the updated price lists on the website. (4) Right of withdrawal: If individual products are not available at the time of the order or are not in the range described under § If the goods can be delivered within the deadline provided for in paragraph 4, this will be communicated to the customer immediately in writing or by telephone. If a subsequent delivery or replacement delivery is not possible, we are entitled to withdraw from the contract and in this case we will inform you immediately about the unavailability and reimburse the consideration you have already provided. (5) If Rising Hawk is in default of delivery to entrepreneurs, the delay in delivery is only due to this In the event of a breach of a non-essential contractual obligation, the entrepreneur can claim flat-rate damages for default amounting to 3% of the simple order value per completed week, but not more than 15% of the simple order value in total. Rising remains free to prove lower damages.
Goods that are in stock (we are not liable for transport problems) will be dispatched within 2-4 days. Personalized custom orders can take up to 21 days. If the goods are not in stock when you order, we will endeavor to deliver as quickly as possible. If non-compliance with a delivery or service deadline is due to force majeure, labor disputes, unforeseeable obstacles or other circumstances for which we are not responsible, the deadline will be extended appropriately. If the delivery deadline is not met for reasons other than those mentioned above. For reasons, the buyer is entitled to set a reasonable grace period in writing with a threat of rejection and, if this has expired without success, to withdraw from the contract with regard to the delivery or service included in the contract. If the impossibility of delivery is due to the inability of the manufacturer or our supplier, both we and the buyer can withdraw from the contract if the agreed delivery date has been exceeded by more than 2 months. Claims for damages due to delay or impossibility or non-fulfillment, including those that arose prior to withdrawal from the contract, are excluded. Unless a legal representative of Rising Hawk acted intentionally or with gross negligence.

§ 5 Withdrawal

(1) If Rising Hawk is unable to deliver the ordered goods through no fault of its own, it is entitled to withdraw from the contract to the customer. This applies in particular in the event of force majeure, raw material shortages or if a supplier of Rising Hawk does not fulfill its contractual obligations, incorrectly or on time, even though a binding, timely and sufficient order has been placed by Rising Hawk and Rising Hawk does not otherwise fail to deliver the goods has to represent. In such a case, Rising Hawk will immediately inform the customer that the ordered goods are not available and will refund any payments already made by the customer.

§ 6 Transfer of risk

The risk is transferred to the buyer when the goods are dispatched by Tyrolean Embroidery®. We exclude liability for any losses.

§ 7 Cancellation

Cancellations without a reasonable grace period (at least 14 days) for the service will be expressly not accepted.

§ 8 Retention of title

The goods remain the property of Rising Hawk until full payment has been made.

§ 9 Data storage

In accordance with Section 28 of the Federal Data Protection Act (BDSG), we would like to point out that the data required for business transactions is processed and stored using a computer system in accordance with Section 33 (BDSG). Personal data will be treated confidentially.

§ 10 Design / Graphics

Graphics or design programs for processing the respective order are and remain the property of Rising Hawk, even if the client is billed for the proportionate costs of producing or processing the graphic files. The client has no right to release the data. Disclosure to third parties and any other use without the written consent of Rising Hawk is prohibited in each specific case. The implementation of a logo or graphic contains the know-how and intellectual performance of an agency and is therefore not passed on to third parties, but the data is archived for the customer and only used for the customer if necessary.

§ 11 Right of return

Custom-made and personalized items that are made to customer specifications or are clearly tailored to personal needs, in particular handmade items, personalized goods and textiles, are excluded from the right of return. Please note the following special conditions, which apply to personalized items that have been made according to your specifications or otherwise made individually for you using options such as custom-made products, inscriptions or designs (e.g. prints, foils, accessories, stickers, textiles). For such personalized products and special orders, the seller (Rising Hawk) is not obligated to accept a return or offer an exchange. Even if the ordered items are not satisfied (within the scope of deviations), they must be paid for in full by the buyer; there is no legal right to exchange them. Textiles or goods that are not suitable for return for health protection or hygiene reasons.