Terms of service
General Terms And Conditions Of Business Of Helsaform Gmbh
1. Scope, Definition of Terms
1.1 The following Terms and Conditions of Business apply to all contracts concluded between you and us, helsaform GmbH, Bayreuther Str. 9-11 95482 Gefrees, Germany, represented by the Managing Directors Stephan Frerk, Gerd Homski and Monika Sandler (AG Bayreuth HRB 1374), VAT ID No. DE811156697, Phone +49 (0)9254/80-750, Fax +49 (0)9254/80-772), regarding the purchase and delivery of goods via this online shop at http://www.helsa-shop.com, provided no other agreement has been made. Unless otherwise agreed, the inclusion of any of your own terms and conditions is hereby refused.
1.2 Within the meaning of the following provisions, a consumer is any natural person who enters into a legal transaction for purposes that can be primarily attributed neither to their commercial nor to their independent professional activity. A supplier is any natural person or legal entity or a partnership with legal capacity exercising its independent professional or commercial activity when concluding a legal transaction.
2. Conclusion of Contract
2.1 The range of goods presented in our online shop is subject to change and does not constitute an offer in the legal sense.
2.2 The order contract is concluded via the online shopping basket as follows:
The goods to be purchased are placed into a “shopping basket”. You can open the “shopping basket” via the corresponding button on the navigation bar and make changes there at any time. Once you have proceeded to the “check-out” page and entered your personal information along with the payment and shipping terms, all of your order information will be displayed again on the order summary page. If you chose an instant payment system as your payment method (e.g. PayPal/PayPal Express, Amazon Payments, Postpay, Sofort), then you will either be forwarded to the order summary page in our online shop or you will first be redirected to the instant payment system provider’s website. If you are redirected to the respective instant payment system, make the appropriate selections and/or enter your data there. Then you will be directed back to our online shop, where you will see the order summary page. Before finalizing your order, you will have another opportunity to verify your information, modify your information (via the “Back” button on your web browser) or cancel your order. When you confirm by clicking the “Place your order” button, you are placing a legally binding order. You are bound for a period of three days after placing your order. Any cancellation right under Section 10 remains unaffected.
2.3 You hereby confirm that all of the information you have provided in your order (e.g. name, address, email address, bank information, etc.) is true and correct. You must inform us of any changes without delay.
2.4 We will immediately send you an email confirming receipt of the order you have placed via our online shop. However, this confirmation of receipt does not constitute acceptance of the order unless acceptance is declared therein alongside confirmation of receipt of order.
2.5 A contract is only concluded when we accept your order with a declaration of acceptance (“Order Confirmation”) or by delivering the items you have ordered. If it is not possible to deliver the goods you have ordered, e.g. because they are not deliverable or not in stock, then we will not provide a declaration of acceptance. We will inform you of these circumstances immediately and refund any payments received up to that point.
2.6 When selecting a payment method that requires us to deliver goods on account, for instance, we reserve the right in accordance with applicable data protection regulations to conduct a creditworthiness check using a mathematical-statistical method to determine the likelihood of default.
2.7 The exclusive contract language is German. This translation is provided for convenience only. In cases of dispute, the German version is authoritative.
2.8 We only deliver our goods to customers within the Federal Republic of Germany and countries inside the European Union.
3. Prices and Shipping Costs
3.1 All pricing information in our online shop indicates the final price, i.e. prices include the respectively applicable German VAT and all other pricing components plus shipping costs as outlined in Section 3.2.
3.2 The customer pays for shipping costs unless otherwise stipulated. We ship free of charge within Germany. We charge a shipping fee of €14.90 per order for all orders shipped to any of the member states of the European Union, regardless of the order value or weight of the package.
3.3 If we dispatch your order in multiple shipments as outlined in Section 5.1, you will only pay shipping costs for the first partial delivery. However, if you request partial delivery, we will charge shipping costs for each separate delivery.
3.4 If you effectively cancel your order in accordance with Section 10, you are entitled to request a refund for the shipping costs you have already paid to have the package sent to you (“sending costs”) in accordance with applicable laws.
4.1 For shipments within Germany, you may freely choose the method of payment (Sofortüberweisung (instant transfer), credit card or PayPal) subject to the provisions outlined in Sections 4.2 and 4.3.
4.1.1 We accept the following credit cards: Visa and Mastercard. When paying by credit card, you must provide us with your credit card number, the card security code and the expiration date and enter a six-digit code you receive from your credit card company via text message on your mobile phone as part of the 3D Secure process.
4.1.2 If you select PayPal as your payment method, then you will be forwarded directly to PayPal, where all of your information is stored. You only need to enter your email address and password to securely complete the sale.
4.1.3 For payments on account the purchase price and shipping costs must be transferred within two (2) weeks of receiving the invoice.
4.2 For customers outside of Germany we only accept the following payment methods: Sofortüberweisung (instant transfer), credit card or PayPal.
4.3 For orders placed by customers residing or doing business outside of Germany or in cases of justified indications of a risk of default in payment (e.g. in the absence of credit information or a negative creditworthiness check), we reserve the right to deliver only after receipt of the purchase price and the shipping costs (“payment in advance”). We will inform you immediately if we exercise our right to request payment in advance. In this case, the delivery period begins with payment of the purchase price and the shipping costs.
4.4 During a delay in payment on the part of the customer, we are entitled to demand default interest in the amount of five (5) percent above the basic rate of interest (Section 247 German Civil Code (BGB)) per annum. We reserve the right to prove higher damages.
4.5 In the event of a delay in payment or otherwise apparent lack of creditworthiness, all further claims vis-à-vis the customer are due immediately.
4.6 You are only entitled to the right of set-off if your claims against us are undisputed or legally valid. You are only authorized to exercise the right of retention if your counterclaim is based on the same contractual relationship.
5. Delivery Terms
5.1 We will deliver the goods within two (2) weeks. We are entitled to make partial deliveries. Any shipping costs incurred are listed in the product description and in Section 3.2; we will present these as separate items on the invoice. Delivery dates and deadlines are only binding if we confirm them in writing.
5.2 We are not obliged to deliver if we do not receive the right delivery or if we do not receive the delivery on time and are not responsible for problems with availability. We will inform you immediately if deliverables become unavailable and refund any payments you have already made without delay if necessary.
5.3 If we do not deliver the goods or do not deliver the goods in accordance with the order contract, then you are obliged to grant us a grace period to complete the delivery. Otherwise, you are not entitled to withdraw from the order contract.
6. Retention of Title
6.1 The delivered goods remain our property until payment has been made in full.
6.2 You must inform us immediately of any seizure of the retained goods by third parties. You are liable for costs incurred in order to reverse such seizures, in particular expenses arising from filing third-party proceedings, insofar as the reimbursement of the costs cannot be obtained from the third party concerned.
7. Rights to Claims for Defects
7.1 The statutory provisions apply to claims for defects in the purchased item. This means that you may first demand rectification, i.e. subsequent delivery or removal of defects, at your discretion. Provided other legal requirements are met, you are entitled to reduce the purchase price or withdraw from the order contract. In addition to the legal requirements, the conditions specified in Section 8 apply to claims for damages due to defects in the goods.
7.2 All consumer claims for defects are subject to a statute of limitations of two (2) years; all supplier claims for defects are subject to a statute of limitations of twelve (12) months after delivery.
8. Liability for Damages
8.1 The following disclaimers and limitations in liability apply to any liabilities for damages on our part, without prejudice to other grounds for compensation claims:
8.2 We are liable in the event of intent or gross negligence on our part. We are only liable for minor negligence in the event of a breach of duty whose fulfilment would make proper execution of the order contract possible in the first place and compliance with which the respective contract partner can readily rely on (cardinal obligation). For the remainder, liability for compensation for damages of any kind is excluded, regardless of the basis of the claim, including liability for culpa in contrahendo.
8.3 If we are liable for minor negligence in accordance with Section 8, then our liability is limited to the damages one would typically expect based on the circumstances known at the time of contract conclusion.
8.4 The aforementioned exclusions and limitations of liability do not apply if we fraudulently conceal a defect or have assumed a guarantee for the quality of the goods, nor do they apply to damages to be compensated for under the terms of the Product Liability Act, nor to damages from injury to life, limb or health.
8.5 The aforementioned exclusions and limitations of liability also apply for the benefit of our employees, agents and other third parties we use to fulfil the order contract.
9.1 In accordance with Article 6(1)(b) of the General Data Protection Regulation (GDPR), the personal data you provide, i.e. data including information about the personal or factual circumstances of a specific or identifiable customer (e.g. name, address, date of birth, gender, email address, phone number, fax number, bank details, credit card number) are processed in accordance with the provisions of German data protection law.
9.2 Your personal data, to the extent it is necessary for the establishment, content of or modifications to the contractual relationship (contractual data), will only be used to process the order contracts concluded between us, e.g. for delivering goods and services to the address you have specified.
9.2.1 We share payment information with the representative credit institution in the scope of and to the extent necessary for payment processing.
9.2.2 When the order contract has been executed in full or the customer account is deleted, the purchaser’s data will be blocked taking into consideration the relevant tax and commercial retention periods and erased upon expiration of these periods, provided you have not granted your express consent to the further use of your data or we have not reserved the right to further process your data in line with legal regulations.
9.2.3 Any other use of your order data for the purposes of advertising, market research or tailoring our offers to meet your needs requires your express consent.
9.3 Your personal data required to enable access to our offers and generate invoices (usage data) is also used exclusively to execute the order contracts concluded between us.
9.4 We will only use your data to send our newsletter or mailing with your consent, which we will obtain from you separately. You may revoke your consent at any time with future effect. In addition, we use address data for the purposes of advertising and market research. You may refuse to receive advertising emails at any time.
10. Right to Cancel
10.1 If you are a consumer, you have a basic legal right to cancel your order when completing a distance sale. This section offers you information on the associated prerequisites and legal consequences:
Right to Cancel
You have the right to cancel this order contract within fourteen (14) days without stating any reasons. The cancellation period is fourteen (14) days from the day that you or a third party appointed by you who is not the carrier have taken possession of the goods.. In the event that you or a third party appointed by you who is not the carrier have taken possession of the final goods, provided you have ordered multiple goods as part of a complete order and these are to be delivered separately, the period begins on the day on which you or a third party appointed by you who is not the carrier, have taken possession of the final goods.
To exercise your right to cancel, you must inform us of your decision to cancel this order contract by sending a clear declaration (e.g. a postal letter, fax or email) to helsaform GmbH, Bayreuther Str. 9-11 95482 Gefrees, Germany Phone +49 (0)9254/80-750, Fax +49 (0)9254/ 80-772, Email firstname.lastname@example.org). You may use the sample cancellation form provided here, but it is not required.
The cancellation period has been observed if you send the cancellation notice before the deadline expires.
Consequences of Cancellation
If you cancel this order contract we must refund all payments that we have received from you, including shipping costs (with the exception of additional costs arising from selection of a different delivery type than the least expensive standard delivery we offer) immediately and at the latest within fourteen (14) days following the day on which we received notice of cancellation of this order contract. We will use the same method of payment for the refund that you used to pay for the original transaction, unless otherwise expressly agreed; under no circumstances will you be charged for this refund.
We can refuse to provide a refund until we have received the goods or you have provided proof that you have returned the goods, depending on which comes first.
You must send or return the goods to us (helsaform GmbH, Bayreuther Str. 9¬-11 95482 Gefrees, Germany) immediately and in any event at the latest within fourteen (14) days from the day that you notify us of the cancellation of this order contract. The period has been observed when you send the goods before the period of fourteen (14) days expires.
You must only pay for a loss in value of the goods if this loss in value is the result of handling other than what is necessary to ascertain the quality, characteristics and functionality of the goods.
Exceptions to the Right to Cancel
According to Section 312g(2) of the German Civil Code (BGB), the right to cancel does not exist in the case of contracts for the delivery
of goods that are not prefabricated and whose manufacture requires an individual selection or determination on the part of the consumer or that are tailored to the personal needs of the consumer or
for the delivery of sealed goods that cannot be returned for health protection or hygiene reasons, if their seal was broken following delivery.
Sample Cancellation Form
If you wish to cancel your order contract, please complete this form and enclose it with your return:
Bayreuther Str. 9-11
95482 Gefrees, Germany
Telefax: +49 (0)9254 / 80-772
I/we hereby cancel the order contract I/we (*) concluded on the purchase of the following goods ……………..(*)
ordered on ………………………….. (*)/ received on …………………(*)
Consumer name ………………………………………………
Consumer address ……………………………………………….
Consumer signature …………………………..……………………
(only for paper-based notifications)
(*) Cross out any information that does not apply.
End of Right of Cancellation
11. Unaccepted or Unretrieved Packages
11.1 We reserve the right to charge a fee of €10 to cover the costs incurred for unaccepted and/or unretrieved packages (e.g. for processing, packing, freight).
11.2 However, as outlined in Section 11.1, we are not entitled to such rights if you
11.2.1 Provide us with proof that we did not incur any costs or only incurred fewer costs or
11.2.2 Up to the time of delivery of the goods to your designated package shop, notified us that you were cancelling your order contract declaration to us, whereby the time you sent your cancellation is decisive.
We own the copyrights to all images, videos and text published in our online shop. The use of the images, videos and text is not permitted without our express consent.
13. Applicable Law, Mandatory Consumer Safeguards
13.1 The laws of the Federal Republic of Germany, under exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG), apply to these Terms and Conditions and all legal relations between us and the customer. However, if the customer is a consumer, this only applies if
13.1.1 The customer’s habitual residence is in Germany, or
13.1.2 The customer’s habitual residence is in a country that is not a member of the European Union.
13.2 In the event that the customer is a consumer and the customer’s habitual residence is in a Member State of the European Union, then German law also applies; mandatory regulations in the customer’s country of residence remain unaffected.
13.3 If the customer is a merchant, a legal entity under public law or a special fund under public law, then the location of our company’s registered office is the venue of jurisdiction for all disputes arising from and in connection with a legal relationship between said customer and us.
14. Dispute Resolution
14.1 The EU Commission established an Internet platform for resolving online disputes. The platform serves as a point of contact for out-of-court settlement of disputes concerning contractual obligations arising from online order contracts. More information is available at http://ec.europa.eu/consumers/odr .
14.2 We are neither willing nor obliged to participate in a dispute settlement procedure before a consumer dispute resolution body.
15. Legal Venue
15.1 If the customer is a merchant, a legal entity under public law or a special fund under public law, then the location of our company’s registered office is the venue of jurisdiction for all disputes arising from and in connection with a legal relationship between said customer and us.
15.2 This also applies insofar as the customer is a consumer whose domicile or habitual residence was located in the Federal Republic of Germany at the time the order contract was concluded and either moved said domicile or habitual residence from Germany at the time we filed the proceedings or whose place of residence is unknown at this time.
16. Final Provisions
16.1 Changes or additions to these General Terms and Conditions must be made in writing. This also applies to any waivers to this written form requirement.
16.2 If individual provisions of the contract are invalid or do not conform to legal regulations, this shall not affect the remainder of the contract. The invalid provision will be replaced under mutual agreement between the parties with a legally valid provision that most closely approximates the intended meaning and purpose of the invalid provision. The provision above applies mutatis mutandis to any gaps or loopholes in the contract.