Terms and Conditions

 

1 Scope and supplier

These General Terms and Conditions apply to all orders placed in the online store of Helene Galwas GmbH.

 

The range of goods in our online store is aimed exclusively at buyers who have reached the age of 18.

 

Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. The General Terms and Conditions of Business thus also apply to companies for all future business relationships, even if they are not expressly agreed upon again. The inclusion of general terms and conditions of a customer, which contradict our general terms and conditions, is contradicted already now.

 

Contract language is exclusively German.

 

You can call up and print out the currently valid General Terms and Conditions on the website helenegalwas.com.

 

 

 

2 Conclusion of contract

The presentation of goods in the online store does not represent a binding application for the conclusion of a purchase contract. Rather, it is a non-binding invitation to order goods in the online store.

 

By clicking the button ["Order now with obligation to pay" / "Buy"] you make a binding offer to purchase (§ 145 BGB). Immediately before submitting this order, you can check the order again and correct it if necessary.

 

After receipt of the purchase offer, you will receive an automatically generated e-mail with which we confirm that we have received your order (confirmation of receipt). This confirmation of receipt does not constitute an acceptance of your purchase offer. A contract is not yet concluded by the confirmation of receipt.

 

A purchase contract for the goods is only concluded when we expressly declare acceptance of the purchase offer (order confirmation) or when we ship the goods - without prior express declaration of acceptance - to you. Exception: in case of payment in advance and PayPal, the acceptance of the order takes place immediately with your order.

 

 

 

3 Prices

The prices stated on the product pages include the statutory value-added tax and other price components and do not include the respective shipping costs. For more information on shipping costs, please visit our website at helenegalwas.com/shipping.

4 Payment methods and delay

 

The payment is made optionally:

 

The selection of the respective available payment option is incumbent upon us. We reserve the right to offer you selected payment methods for payment, for example, to protect our credit risk credit card only.

 

When paying by credit card, the purchase price will be instructed on your credit card at the time of the order (authorization). The actual charge to your credit card account will be made only when the goods are shipped.

 

When paying with PayPal, you will be redirected directly to the PayPal website at the end of the ordering process. If you are already a PayPal customer, you can log in there with your user data and make the payment.

If you do not use PayPal yet, you can register as a guest or open a PayPal account and then confirm the payment.

The receipt of payment is usually booked within a few minutes and your order will be processed immediately.

Please note that you agree to the terms of PayPal here and thus accept the processes of Paypal.

 

If you are in arrears with a payment, you are obliged to pay the statutory default interest of 5 percent above the prime rate. For each reminder sent to you after the occurrence of default, you will be charged a reminder fee of 2.50 EUR, unless in individual cases a lower or higher damage is proven.

 

5 Offsetting and right of retention

You shall only have a right of set-off if your counterclaim has been legally established, is not disputed or acknowledged by us or is in a close synallagmatic relationship with our claim.

 

You may only exercise a right of retention if your counterclaim is based on the same contractual relationship.

 

 

 

6 Delivery and retention of title

Unless otherwise agreed, the goods will be delivered from our warehouse to the address specified by you.

 

Delivery will only be made in quantities customary for households.

 

The goods remain our property until full payment of the purchase price.

 

Exceptionally, we are not obliged to deliver the ordered goods if we have duly ordered the goods but have not been supplied correctly or on time (congruent covering transaction). The prerequisite is that we are not responsible for the lack of availability of the goods and that we have informed you of this circumstance without delay. In addition, we must not have assumed the risk of procuring the ordered goods. In the case of corresponding unavailability of the goods, we will immediately reimburse you for any payments already made. We do not assume the risk of having to procure ordered goods (procurement risk). This also applies to orders for goods that are only described in terms of their type and characteristics (generic goods). We are only obliged to deliver from our stock of goods and the goods ordered by us from our suppliers.

 

If you are an entrepreneur in the sense of § 14 BGB (German Civil Code), the following shall apply in addition:

 

We retain title to the goods until all claims arising from the current business relationship have been settled in full. Prior to the transfer of ownership of the goods subject to retention of title, pledging or transfer of ownership by way of security is not permitted.

 

You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount accruing to you from the resale. We accept the assignment, but you are authorized to collect the claims. Insofar as you do not properly meet your payment obligations, we reserve the right to collect claims ourselves.

 

If the reserved goods are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.

 

We undertake to release the securities to which we are entitled upon request to the extent that the realizable value of our securities exceeds the claims to be secured by more than 10%. The selection of the securities to be released shall be incumbent upon us.

 

7 Right of withdrawal

In the event that you are a consumer in the sense of § 13 BGB (German Civil Code), i.e., if you make the purchase for purposes which can predominantly be attributed neither to your commercial nor to your independent professional activity, you have a right of revocation in accordance with the following provisions.

 

Right of withdrawal

 

You have the right to revoke this contract within a fortnight without giving any reason.

 

The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods. The customer bears the costs for the return shipment. These amount to 7.90€ within Germany, 13.99€ EU-wide or 19.99€ outside the EU.

 

To exercise your right of withdrawal, you should select the individual items in your user account and revoke. Alternatively, there is the possibility to inform us (Helene Galwas GmbH, Schlosshof 7, 82229 Seefeld, +49 (89) 41613743 9, retoure@helenegalwas.de) about your decision to revoke this contract by means of a clear declaration (e.g., a letter or e-mail sent by post). For this purpose, you may use the enclosed model withdrawal form, which is, however, not mandatory. In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

 

Sample cancellation form

 

If you wish to revoke the contract, please fill out and return this form.

 

- To Helene Galwas GmbH, Schlosshof 7, 82229 Seefeld, Germany

- Herewith I/we (*) revoke the contract concluded by me/us (*) for the

   Purchase of the following goods (*)/provision of the following service (*)

- Ordered on (*)/received on (*)

- Name of the consumer(s) - Address of the consumer(s)

- Signature of consumer(s) (only in case of paper communication)

- Date (*) Delete where not applicable.

 

Consequences of revocation

 

If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.

 

We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

 

You must return or hand over the goods to us or to [name and address of a person authorized by you to receive the goods, if applicable] without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.

 

You will bear the direct costs of 7,90€ for the return of the goods.

 

You must pay for any loss in value of the goods only if this loss in value is due to a handling of the goods that is not necessary for the examination of the condition, properties and functioning of the goods.

 

Unless otherwise agreed by the parties, the right of withdrawal does not apply to the following contracts:

 

• Contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer, or

 

• for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene, if their seal has been removed after delivery.

 

 

 

Please avoid damage and contamination. If possible, please return the goods to us in their original packaging with all accessories and with all packaging components. If necessary, use a protective outer packaging. If you no longer have the original packaging, please use suitable packaging to provide adequate protection against transport damage in order to avoid claims for damages due to inadequate packaging.

 

Please note that the modalities mentioned in the above paragraphs 2 and 3 are not a prerequisite for the effective exercise of the right of withdrawal.

 

8 Transport damage

If goods are delivered with obvious transport damage, please complain about such defects immediately to the deliverer and contact us as soon as possible.

 

Failure to make a complaint or contact us will have no consequences for your statutory warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.

 

 

 

9 Warranty

Unless otherwise expressly agreed, your warranty claims shall be governed by the statutory provisions of the law on sales (§§ 433 et seq. BGB).

 

If you are a consumer in the sense of § 13 BGB, the liability period for warranty claims for used goods - in deviation from the statutory provisions - is one year. This limitation shall not apply to claims based on damages resulting from injury to life, limb or health or from the breach of a material contractual obligation, the fulfillment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligation), as well as to claims based on other damages resulting from an intentional or grossly negligent breach of duty by the user or its vicarious agents.

 

In all other respects, the statutory provisions shall apply to the warranty, in particular the two-year limitation period pursuant to Section 438 (1) No. 3 of the German Civil Code (BGB).

 

If you are an entrepreneur within the meaning of § 14 BGB, the statutory provisions shall apply with the following modifications:

 

You are obliged to inspect the goods immediately and with due care for deviations in quality and quantity and to notify us of any obvious defects within 7 days of receipt of the goods. Timely dispatch shall be sufficient to meet the deadline. This shall also apply to hidden defects discovered at a later date. In the event of a breach of the duty to inspect and notify defects, the assertion of warranty claims shall be excluded.

 

In the event of defects, we shall, at our discretion, provide warranty by rectification of the defect or replacement delivery (subsequent performance). In the event of subsequent improvement, we shall not be required to bear the increased costs incurred by transporting the goods to a location other than the place of performance, provided that such transport does not correspond to the intended use of the goods.

 

If the subsequent performance fails twice, you may, at your option, demand a reduction in price or withdraw from the contract.

 

The warranty period is one year from delivery of the goods.

 

 

 

10 Liability

Unlimited liability: We are liable without limitation for intent and gross negligence and in accordance with the Product Liability Act. We shall be liable for slight negligence in the event of damage resulting from injury to life, body and health of persons.

 

In all other respects, the following limited liability shall apply: In the event of slight negligence, we shall only be liable in the event of a breach of a material contractual obligation, the fulfillment of which is a prerequisite for the proper performance of the contract and on the fulfillment of which you may regularly rely (cardinal obligation). The liability for slight negligence is limited to the amount of damages foreseeable at the time of conclusion of the contract, the occurrence of which must be typically expected. This limitation of liability shall also apply in favor of our vicarious agents.

 

 

 

11 Alternative Dispute Resolution

The European Commission provides a platform for online dispute resolution (OS), which you can find here https://ec.europa.eu/consumers/odr/. Consumers have the option of using this platform for the settlement of their disputes. To resolve disputes arising from a contractual relationship with a consumer or whether such a contractual relationship exists at all, we are obliged to participate in dispute resolution proceedings before a consumer arbitration board. The competent body is the General Consumer Arbitration Board of the Zentrum für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de. We will participate in a dispute resolution procedure before this body.

 

 

 

12 Final Provisions

Should one or more of the provisions of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions.

 

Contracts between you and us shall be governed exclusively by German law, to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, "UN Sales Convention"). Mandatory provisions of the country in which you usually reside shall remain unaffected by the choice of law.

 

If you are a merchant, a legal entity under public law or a special fund under public law, our place of business shall be the place of jurisdiction for all disputes arising from or in connection with contracts between us and you.

 

 

 

Status: 04, 2023