General terms and conditions

1. Scope

1. These general terms and conditions (terms) apply to all contracts you conclude with us via our online shop at homvoya.com.
2. A consumer is any natural person who enters into a legal transaction for purposes that predominantly fall outside their trade, business or profession (§ 13 BGB). A trader is a natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts in the exercise of its trade, business or profession (§ 14 BGB).
3. Deviating terms of the customer do not apply unless we expressly agree to them.

2. Contracting party

Your contracting party is:

Further details can be found in the legal notice.

3. Conclusion of the contract

1. The presentation of the Homvoya Kit in our online shop is not a legally binding offer but a non-binding invitation to place an order.
2. Clicking “Order now” takes you to checkout. There you enter your contact details and delivery address and choose a payment method. Immediately before submitting, you see a summary with the product, quantity, total price including VAT and shipping costs.
3. By clicking the “Place order and pay” button, you make a binding offer to purchase. Depending on the payment method, you are then redirected to your payment provider or bank to authorise the payment.
4. We confirm receipt of your order by email without undue delay. The contract is concluded when we accept your offer. We declare acceptance with the order confirmation email, which we send after the payment service provider has authorised or confirmed the payment. For most payment methods this happens immediately after the order; confirmation of receipt and acceptance are then sent in one email.
5. If the payment is not authorised or not confirmed, no contract is concluded. If, exceptionally, we cannot accept your order (e.g. because the goods are unavailable), we will inform you without undue delay and refund any payments already made without undue delay.

4. Technical steps and correction of input errors

The ordering process consists of these steps:

1. Select the product and click “Order now”.
2. Enter your contact details and delivery address.
3. Choose a payment method and enter payment details if required.
4. Check all details in the order summary.
5. Submit the order with “Place order and pay” and, if required, authorise the payment with your payment provider.

Until you click “Place order and pay”, you can correct all entries at any time directly in the input fields using the usual keyboard and mouse functions. The back function of your browser takes you back to the product page. You can cancel the ordering process at any time by closing the browser window.

5. Storage of the contract text

We store the contract text. With the order confirmation we send you the order details by email; you receive these terms, the withdrawal policy and the model withdrawal form as PDF attachments. We do not offer customer accounts, so you cannot access your order details online after completing the order. Please keep the email.

You can view, print and download the current terms as a PDF on this page at any time.

Terms (PDF)

6. Contract language

The contract language is German. Translations of these terms into other languages are for your information only; the German version is authoritative.

7. Prices and shipping costs

1. All prices are final prices in EUR and include statutory VAT (currently 19%).
2. Delivery is currently free of shipping costs. Details can be found under Shipping and payment.
3. The price shown in the order summary immediately before you click “Place order and pay” is authoritative.
4. We are currently testing different prices. Which price you see is assigned at random and is not based on personal characteristics or your previous behaviour. The price assigned to you is shown consistently on all pages and during checkout.

8. Delivery area and delivery times

1. We deliver to Germany and France only.
2. If the product is available immediately, we ship within 24 hours on working days after conclusion of the contract. Delivery takes the delivery time for the destination country after dispatch (Germany: 5–12 working days, France: 5–12 working days).
3. The delivery period starts on the day after the contract is concluded. If the last day of the period falls on a Saturday, Sunday or a public holiday at the place of delivery, the next working day takes its place.
4. If you are a consumer, the risk of accidental loss and accidental deterioration of the goods only passes to you on handover.

9. Payment

1. You can pay with credit card or Klarna. The available payment methods are shown at the start of checkout.
2. Payments are processed by the payment service provider Stripe Payments Europe, Limited, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland. If you choose Klarna, that provider’s terms apply in addition.
3. Payment is triggered when you submit the order and authorise the payment. With Klarna, the due date of your payment to Klarna follows the terms agreed with Klarna.
4. We do not charge any additional fees for using the payment methods offered.
5. Discount codes can only be redeemed during checkout, before the order is placed, and are valid only for the stated period and scope. One code per order. Codes cannot be applied afterwards, paid out in cash or combined. If you withdraw, we refund the amount actually paid.

10. Retention of title

The goods remain our property until paid in full.

11. Statutory liability for defects (warranty)

1. Statutory rights for defects apply. For consumers, claims for defects become time-barred 2 years after delivery of the goods. For the digital elements, the section “Goods with digital elements, connection service and updates” applies in addition.
2. We only give a guarantee if we expressly declare it. Any manufacturer’s guarantees exist in addition to your statutory rights.
3. Please report goods with obvious transport damage to the delivery driver as soon as possible and inform us. If you do not do so, this has no effect on your statutory rights.
4. You can report defects to us by email at support@homvoya.com at any time.

12. Goods with digital elements, connection service and updates

1. The Homvoya Kit is a good with digital elements. The boxes contain software (firmware) and connect to each other via an encrypted connection service (relay server in the EU). This lets devices connected to the travel box use your internet connection at home. The connection service is part of the purchase contract.
2. It works only if your router at home has a free LAN port, your internet connection at home stays switched on and an internet connection is available where you are. Speed while travelling depends on the upload speed of your home connection (recommended: at least 10 Mbit/s) and on the local internet connection. The IP address is only one signal: devices can also reveal their location through other signals such as Wi-Fi positioning, time zone or GPS.
3. Provision period: we provide the connection service at least until TODO: guaranteed minimum provision period (no shorter than two years from delivery, § 475c BGB). During this period, and in any case for two years from delivery, we are liable under the statutory provisions for the digital elements being in conformity with the contract.
4. Updates: we provide software updates, including security updates, that are necessary to keep the goods in conformity with the contract (§§ 475b, 475c BGB) – for the period you can expect given the type and purpose of the goods and their digital elements, and in any case during the provision period. We inform you about available updates. TODO: describe how updates are provided and installed (automatically or manually).
5. If you do not install an update within a reasonable period although we informed you about its availability and the consequences of not installing it, we are not liable for a defect resulting solely from the missing update. This does not apply if the installation instructions were defective.
6. We carry out maintenance on the connection service outside usual usage times where possible and announce planned interruptions in advance where possible. Your statutory rights in the event of defects remain unaffected.

13. Use of the connection service

1. The connection service is intended to connect your own devices to your own internet connection at home – for your personal use, including for your work, to a usual extent (fair use). TODO: define specific fair-use limits if required (e.g. data volume per month).
2. In particular, you may not pass on or resell access to the connection service to third parties commercially, operate the service as a public VPN or proxy service, use it for unlawful purposes, or attack or overload our servers or networks or circumvent security measures.
3. In the event of a material breach, we may temporarily block access to the connection service where this is proportionate in the individual case. We will warn you beforehand, except for serious breaches (e.g. attacks on our systems) that require immediate action. We will lift the block as soon as the breach has ended.
4. Local laws: you are responsible for complying with the laws that apply where you are. In some countries, the use of VPN or encryption technology is restricted or prohibited. Please check before you travel.
5. Third-party terms: observe the terms of use of third parties, such as hotels and other network operators, streaming services, banks or your employer. Whether use is permitted in an individual case depends on those terms; we cannot check this for you. If you work from abroad, clarify this with your employer. Working abroad can have tax and social security consequences.

14. Right of withdrawal

As a consumer, you have a statutory right of withdrawal. Details can be found in our withdrawal policy. You can also declare your withdrawal online using our withdrawal function “Withdraw from contract”.

15. Liability

1. We are liable without limitation for intent and gross negligence, for culpable injury to life, body or health, under the German Product Liability Act and to the extent of any guarantee we have given.
2. In the event of a slightly negligent breach of an essential contractual obligation, our liability is limited to the damage typical for the contract and foreseeable at the time the contract was concluded. Essential contractual obligations are obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose fulfilment you may regularly rely.
3. Otherwise, we are not liable for slightly negligent breaches of duty.
4. These limitations of liability also apply to the personal liability of our legal representatives, employees and vicarious agents.
5. Your statutory rights in the event of defects (subsequent performance, rescission, price reduction) remain unaffected.

16. Consumer dispute resolution

We are neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board (§ 36 of the German Consumer Dispute Resolution Act).

17. Final provisions

1. The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If you are a consumer, this choice of law applies only insofar as it does not deprive you of the protection afforded by mandatory provisions of the law of the country in which you have your habitual residence (Art. 6(2) Rome I Regulation).
2. If you are a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is our registered office.
3. If individual provisions of these terms are invalid, the remainder of the contract remains valid. The invalid provisions are replaced by the statutory provisions.