Terms and Conditions

These terms and conditions govern your use of www.headwave.de. Please read the terms in full before you use headwave.de. If you do not accept these terms, please do not use this website. Using the website implies that you accept these terms.

We do occasionally update these terms so please refer back to them in the future. We reserve the right to change these terms and conditions at any time without notification.

1) Site access

You will be able to access the majority of this website without having to register any details with us.
However, particular areas of this website may only be accessible only if you have registered or subscribed (note that this may change over time).

2) Use of Website

You are permitted to use our website for your own purposes and to print and download material from this website provided that you do not modify any content without our consent.
Material on this website must not be republished online or offline without our permission.
The copyright and other intellectual property rights in all material on this website are owned by our licensors or us and must not be reproduced without our prior consent.
Subject to paragraph 2, no part of this website may be reproduced without our prior written permission.

3) Site Uptime

We take all reasonable steps to ensure that this website is available at all times. However, websites do sometimes encounter downtime due to server and other technical issues. Therefore we will not be liable if this website is unavailable at any time. This website may be temporarily unavailable due to issues such as system failure, maintenance or repair or for reasons beyond our control. Where possible we will try to give our visitors advance warning of maintenance issues but shall not be obliged to do so.

4) Visitor Conduct

With the exception of personally identifiable information, the use of which is covered under our Privacy Policy, any material you send or post to this website shall be considered non-proprietary and not confidential. Unless you advise to the contrary we will be free to copy, disclose, distribute, incorporate and otherwise use such material for any and all purposes. When using this website you shall not post or send to or from this website any material:
a) for which you have not obtained all necessary consents;
b) that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in Germany;
c) which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.
We will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to this website in breach of the above.

5) Links to and from Other Websites

Any links to third party websites located on this website are provided for your convenience only.
We have not reviewed each third party website and have no responsibility for such third party websites or their content. We do not endorse the third party websites or make representations about them or any material contained in them.
If you choose to access a third party website linked to from this website, it is at your own risk.
If you would like to link to this website, you may only do so on the basis that you link to, but do not replicate, any page on this website, and subject to the following conditions:
a) you do not in any way imply that we are endorsing any services or products unless this has been specifically agreed with us;
b) you do not link from a website that is not owned by you;
c) you do not misrepresent your relationship with us or present any false information about us;
d) your website does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in Germany.

If you choose to link to our website in breach of Paragraph 5 you shall fully indemnify us for any loss or damage suffered as a result of your actions.

6) Disclaimer

We take all reasonable steps to ensure that the information on this website is correct. However, we do not guarantee the correctness or completeness of material on this website.
We may make changes to the material on this website at any time and without notice.
The material on this website may be out of date, or on rare occasions incorrect and we make no commitment to ensure that such material is correct or up to date.
The material at this website is provided without any conditions or warranties of any kind.
To the maximum extent permitted by law, we provide access and use of this website on the basis that we exclude all representations, warranties and conditions which but for these terms may have effect in relation to this website.

7) Exclusion of Liability

Neither we nor any other party (whether or not involved in producing, maintaining or delivering this website), shall be liable or responsible for any kind of loss or damage that may result to you or a third party as a result of your or their use of our website.
This exclusion shall include servicing or repair costs and, without limitation, any other direct, indirect or consequential loss, and whether in tort or contract or otherwise in connection with this website.

Nothing in these Terms shall exclude or limit liability for (i) death or personal injury caused by negligence; (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under the laws of Germany.

8) Governing Jurisdiction

This Legal Notice shall be governed by and construed in accordance with German law.
Any dispute(s) arising in connection with this Legal Notice are subject to the exclusive jurisdiction of Germany (Berlin).

9) About us

Our full name is Headwave GmbH.
Our registered office and principal trading address is:
Marie-Elisabeth-von-Humboldt-Str. 35a
13057 Berlin GERMANY
Our email address is hello[a]headwave'de ([a] is a @ and the ' is a dot - for protecting this email from spam)
Our principal phone number is +49 (0) 174 199 1321

Privacy Policy

Privacy policy for www.headwave.de

At Headwave GmbH we are dedicated to safeguarding and preserving your privacy when visiting our site or communicating electronically with us.
This Privacy Policy, together with our terms of use and terms of sale, provides an explanation as to what happens to any personal data that you provide to us, or that we collect from you.
We do update this policy from time to time so please do review this policy regularly.

1) Information We Collect

In operating our website we may collect and process the following data about you:
a) Details of your visits to our website and the resources that you access, including, but not limited to, traffic data, location data, weblogs and other communication data.
b) Information that you provide by filling in forms on our website, such as when you register for information, register for a free sample, submit to a competition or make a purchase.
c) Information provided to us when you communicate with us for any reason.

2) Use of Cookies

On occasion, we may gather information about your computer for our services and to provide statistical information regarding the use of our website to us.
Such information will not identify you personally it is statistical data about our visitors and their use of our site. This statistical data does not identify any personal details whatsoever.
Similarly to the above, we may gather information about your general internet use by using a cookie file. Where used, these cookies are downloaded to your computer automatically.
This cookie file is stored on the hard drive of your computer as cookies contain information that is transferred to your computer's hard drive.
They help us to improve our website and the service that we provide to you.
All computers have the ability to decline cookies. This can be done by activating the setting on your browser which enables you to decline the cookies.
Please note that should you choose to decline cookies, you may be unable to access particular parts of our website.

3) Use of Your Information

The information that we collect and store relating to you is used to enable us to provide our services to you. In addition, we may use the information for the following purposes:
a) To provide you with information requested from us, relating to our products or services.
b) To meet our contractual commitments to you.
c) To notify you about any changes to our website, such as improvements or service/product changes, that may affect our service.
If you are an existing customer, we may contact you with information about goods and services similar to those which were the subject of a previous sale to you.
If you are a new customer, we will only contact you when you have provided consent and only by those means you provided consent for.
If you do not want us to use your data you will have the opportunity to withhold your consent to this when you provide your details to us on the form on which we collect your data.
Please be advised that we do not reveal information about identifiable individuals to our advertisers but we may, on occasion, provide them with aggregate statistical information about our visitors.

4) Storing Your Personal Data

We will take all reasonable steps to make sure that your data is treated securely and in agreement with this Privacy Policy.
Data that is provided to us is stored on our secure servers. Details relating to any transactions entered into on our site will be encrypted to ensure its safety.
The transmission of information via the internet is not completely secure and therefore we cannot guarantee the security of data sent to us electronically and transmission of such data is therefore entirely at your own risk.
If/where we have given you (or where you have chosen) a password so that you can access certain parts of our site, you are responsible for keeping this password confidential.

5) Disclosing Your Information

The only occasion on which your personal information would be disclosed by us to third parties would be:
a) Where we sell any or all of our business and/or our assets to a third party.
b) Where we are legally required to disclose your information.
c) To assist fraud protection and minimize credit risk.

6) Third Party Links

You may find links to third party websites on our website. These websites should have their own privacy policies which you should check.
We do not accept any responsibility or liability for their policies as we have no control over them.

7) Access To Information

The Bundesdatenschutzgesetz (1990) gives you the right to access the information that we hold about you.
Should you wish to receive details that we hold about you please contact us using the contact details below.

8) Contacting Us

We welcome any queries, comments or requests you may have regarding this Privacy Policy. Please do not hesitate to contact us at hello[a]headwave'de.

Terms of Sale

Terms of Sale for www.headwave.de

(1) Introduction

Please read these terms of sale carefully.

(2) Interpretation

In these terms of sale, “we" means Headwave GmbH (and “us" and “our" will be construed accordingly);
and “you" means our customer or potential customer for products (and “your" will be construed accordingly).

(3) Order process

The advertising of products on our website constitutes an “invitation to treat"; and your order for products constitutes a contractual offer.
No contract will come into force between you and us unless and until we accept your order in accordance with the procedure detailed below.
In order to enter into a contract to purchase products from us, you will need to take the following steps:
(i) you checkout with the appropriate shipping location
(ii) you enter your billing and if applicable a different shipping address;
(iii) you will be transferred to the PayPal website (if inside the EU), and PayPal will handle your payment or you will be asked to enter your credit card details or you will complete payment through Stripe gateway (if outside the EU);
(iv) you should then receive an initial acknowledgement; and
(v) once we have the product ready to ship we will contact you again at which the purchase order becomes a binding agreement
(you may cancel your order at no charge any time prior to shipment).

We will not file a copy of these terms of sale specifically in relation to your order. We may update the version of these terms of sale on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible.
We therefore recommend that you download, print and retain a copy of these terms of sale for your records.
The only language in which we provide these terms of sale is English.

(4) Price and Payment

Prices for products are quoted on our website in EUR or USD (subject to change in the future).
The price of the products includes shipping and handling and applicable taxes.
Payment must be made upon the submission of your order. We may withhold the products and/or cancel the contract between us if the price is not received from you in full in cleared funds.
The prices on the website include all value added taxes (where applicable). Payment for all products must be made by PayPal OR debit/credit card through Stripe.
We do not charge any transaction fees on credit card purchases, however your bank may charge fees. For information about this, please check your bank's terms and conditions.
Prices for products are liable to change at any time, but changes will not affect contracts which have come into force.

(6) Your Warranties

You warrant to us that:
a) you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these terms of sale;
b) the information provided in your order is accurate and complete;
c) you will be able to accept delivery of the products;

(7) Delivery Policy

We will arrange for the products to be delivered to the address for delivery indicated in your order.
We will use reasonable endeavors to deliver products on or before the date for delivery set out in our order confirmation or, if no date is set out in our order confirmation, within 10 days of the date of our order confirmation.
However, we cannot guarantee delivery by the relevant date. We do however guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 7 days of the later of receipt of payment and the date of our order confirmation.

(8) Risk and Ownership

The products will be at your risk from the time of delivery. Ownership of the products will only pass to you upon the later of:
a) delivery of the products; and
b) receipt by us of full payment of all sums due in respect of the products.
We will be entitled to recover payment for the products even where ownership has not passed to you.

(9) “Cooling off" Period

You may cancel a contract to purchase a product or products at any time within 5 working days after the day you received the relevant product or products (subject to the limitations set out below).
You will not have any such right when any of the products have been unsealed or opened by you.
If you cancel a contract on this basis, you must inform us in writing and return the products to us immediately, in the same condition in which you received them. Products returned by you in accordance with this section will be refunded in full (including the cost of sending the products to you).
However, you will be responsible for paying the cost of returning the product to us.
If you cancel a contract on this basis and you do not return the products to us, we may recover the products and charge you for the costs we incur in doing so.
Similarly, if you return the products at our expense, we may pass that expense on to you.

(10) Statutory Rights

Nothing in these terms of sale affects your statutory rights (including your right to receive a refund in respect of any defective product we sell to you).

(11) Refunds

If you cancel a contract and are entitled to a refund, we will usually refund any money received from you using the same method originally used by you to pay for your purchase.
We will process the refund due to you as soon as possible and, in any event, within 30 days of the day we received your valid notice of cancellation.

(12) Limitations of Liability

Nothing in these terms of sale will limit or exclude you or our liability for:

(i) death or personal injury caused by negligence;
(ii) fraud or fraudulent misrepresentation; or
(iii) any matter for which it would be illegal to limit or exclude, or attempt to limit or exclude, liability.
Subject to this, the products we sell are intended for personal use only and we will not be liable for any business losses
(including without limitation loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data or waste of management or office time).

(13) General Terms

Images of products on our website are for illustrative purposes; actual products may differ from such images.
Our website may contain ideas and suggestions of some of the many different ways in which you can use our products, and features real life examples of some of the more unusual situations in which our customers have used them.
These ideas, suggestions and examples are for illustrative purposes only.

However, we cannot control the way in which our products are used (for example, the methods in which you implement our suggestions, or the surfaces or materials that you use with our products), or the associated environmental conditions.
As a result, we cannot guarantee any particular results and so you should carry out your own tests to ensure that our products are suitable for your intended purpose.
Most importantly this also means that, if you decide to carry out our ideas or suggestions, you do so at your own risk and you must take sensible precautions because we cannot be responsible for conditions or circumstances that are beyond our control.

We will treat all your personal information that we collect in connection with your order in accordance with the terms of our privacy policy; use of our website will be subject to our website terms of use.

Contracts under these terms of sale may only be varied by an instrument in writing signed by both you and us. We may revise these terms of sale from time-to-time, but such revisions will not affect the terms of any contracts which we have entered into with you.

If any provision of these terms of sale is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted.

No waiver of any provision of these terms of sale, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of these terms of sale.

You may not assign, charge, sub-contract or otherwise transfer any of your rights or obligations arising under these terms of sale.
Any attempt by you to do so will be null and void. We may assign, charge, sub-contract or otherwise transfer any of our rights or obligations arising under these terms of sale, at any time – providing such action does not serve to reduce the guarantees benefiting you under these terms of sale.

Each contract under these terms of sale is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person.
The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under such contracts is not subject to the consent of any person who is not a party to the relevant contract.

These terms of sale contain the entire agreement and understanding of the parties in relation to the purchase of products from our website, and supersede all previous agreements and understandings between the parties in relation to the purchase of products from our website; and each party acknowledges that no representations not expressly contained in these terms of sale have been made by or on behalf of the other party in relation to the purchase of products from our website.

These terms of sale will be governed by and construed in accordance with German law, and the courts of Berlin (GER) will have exclusive jurisdiction to adjudicate any dispute arising under or in relation to these terms of sale.

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