Terms of service

Terms and Conditions

 

1 Scope and Provider

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

The product range in our online shop is intended exclusively for buyers who have reached the age of 18.

Our deliveries, services, and offers are made exclusively based on these General Terms and Conditions. The General Terms and Conditions also apply to businesses for all future business relationships, even if not expressly agreed upon again. The inclusion of a customer's general terms and conditions that contradict our General Terms and Conditions is hereby rejected.

The contract language is exclusively German.

You can access and print the currently valid General Terms and Conditions on the website helenegalwas.com.

 

2 Conclusion of contract

The product presentation in the online shop does not constitute a binding offer to conclude a purchase contract. Instead, it is a non-binding invitation to order goods in the online shop.

By clicking the button ["Place order with obligation to pay" / "buy"], you submit a binding purchase offer (§ 145 BGB). Immediately before submitting this order, you can review and, if necessary, correct the order.

Upon receipt of the purchase offer, you will receive an automatically generated email confirming that we have received your order (order confirmation). This order confirmation does not yet constitute acceptance of your purchase offer. A contract is not concluded by the order confirmation.

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

3 Prices

The prices stated on the product pages include statutory value-added tax and other price components and are exclusive of the respective shipping costs. Further information on shipping costs can be found on our website at helenegalwas.com/shipping.


4 Payment Methods and Default

 

The payment can be made by:

  • Credit card
  • Paypal
  • Advance payment
  • Sofort Überweisung
  • Apple Pay
  • Klarna
  • Shop Pay
  • Google Pay

 

The selection of the available payment methods is at our discretion. We reserve the right to offer you selected payment methods for payment, for example, to secure our credit risk credit card only.

 

If payment is made by credit card, the purchase price will be authorized on your credit card at the time of the order. The actual charge to your credit card account will only occur when the goods are shipped.

When paying with PayPal, you will be redirected to the PayPal website at the end of the ordering process. If you are already a PayPal customer, you can log in with your user data and complete the payment. If you have not used PayPal before, you can sign up as a guest or open a PayPal account and then confirm the payment. Payment is usually credited to us within a few minutes, and your order will be processed immediately. Please note that by choosing this method, you agree to PayPal's terms and accept PayPal's processes.


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

 

5 Offset and Right of Retention

You have the right to offset only if your counterclaim has been legally established, is undisputed or acknowledged by us, or is in a close synallagmatic relationship to our claim.

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

 

6 Delivery and Reservation of Ownership

Unless otherwise agreed, delivery of the goods takes place from our warehouse to the address you provided.

Delivery is only made in customary household quantities.

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

We are exceptionally not obligated to deliver the ordered goods if we have properly ordered the goods ourselves but have not been supplied correctly or on time (congruent cover transaction). This is conditional upon us not being responsible for the lack of availability of the goods and informing you promptly of this circumstance. Additionally, we must not have assumed the risk of procuring the ordered goods. In the case of unavailability of the goods, we will promptly refund any payments already made. We do not assume the risk of having to procure an ordered good (procurement risk). This also applies to the order of goods described only by their type and characteristics (generic goods). We are only obliged to deliver from our stock of goods and the goods ordered from our suppliers.

If you are a business owner as defined by § 14 BGB, the following additional terms apply:

We reserve ownership of the goods until complete settlement of all claims from the ongoing business relationship. Pledging or transferring ownership of the reserved goods before transfer of ownership is not permitted.

You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims arising from the resale in the amount of the invoice total. We accept the assignment, but you are authorized to collect the claims.

In case of improper fulfillment of your payment obligations, we reserve the right to collect the claims ourselves.In the case of connection and mixing of the reserved goods, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.

We undertake to release the securities due to us upon request to the extent that the realizable value of our securities exceeds the claims to be secured by more than 10%. The choice of securities to be released is at our discretion.  
 

7 Right of Withdrawal

In the event that you are a consumer within the meaning of § 13 BGB, meaning you make the purchase for purposes that cannot be predominantly attributed to your commercial or independent professional activity, you have a right of withdrawal in accordance with the following provisions.

 

Right of withdrawal


You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.

To exercise your right of withdrawal, you should select and withdraw the individual items in your user account. Alternatively, you can inform us (Helene Galwas GmbH, Schlosshof 7, 82229 Seefeld, +49 (89) 41613743 9, retoure@helenegalwas.de) by means of a clear statement (e.g., a letter sent by post or email) of your decision to withdraw from this contract. You can use the attached sample withdrawal form, but it is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send the notification of exercising the right of withdrawal before the withdrawal period expires.

 

Sample Withdrawal form

 If you want to withdraw from the contract, please fill out this form and send it back.

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

-we () hereby withdraw from the contract concluded by me/us () for thepurchase of the following goods ()/the provision of the following service()

-Ordered on ()/received on ()

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

-Signature of the consumer(s) (only for communication on paper)

-Date (*) Delete as appropriate.

 

Consequences of Withdrawal

 

If you withdraw from this contract, we shall reimburse you for all payments received from you, including delivery costs (except for the additional costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your withdrawal from this contract. We will make the reimbursement using the same means of payment as you used for the initial transaction unless expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.


We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

Furthermore, we may refuse reimbursement if the goods arrive damaged, worn, washed, or not in perfect condition. 

You shall send back the goods or hand them over to us, without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired.

 

You will bear the direct cost of returning the goods of 7,90€.

 

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

 

The right of withdrawal does not apply to contracts:

 

  • for the supply of goods that are not prefabricated and for their manufacture 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 supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.

Please avoid damage and contamination. Please return the goods, if possible, in their original packaging with all accessories and all packaging components. If you no longer have the original packaging, please ensure adequate protection against transport damage with suitable packaging. Please note that the modalities mentioned in the preceding paragraphs 2 and 3 are not a prerequisite for the effective exercise of the right of withdrawal.

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

 

8 Voluntary Return Policy

All products from helenegalwas.com can be returned to helenegalwas.com within 14 days of receiving the goods. However, the return policy applies only to unworn, unwashed, and flawless items with intact labels. Any loss of value to the goods due to wear, washing, or the presence of other signs of use will result in the rejection of the return, as we cannot resell these items. In this case, the goods will be returned to the customer without a refund of the purchase price

For a return request, please contact us at shop@helenegalwas.de, and we will provide you with a suitable return label.

In the event of a return, a credit will be issued to your account/card, and any losses due to currency fluctuations will not be reimbursed

The return, in our reusable box, should be sent to: Helene Galwas GmbH, Schloßhof 7, 82229 Seefeld, Germany.

This voluntary return policy does not limit your legal rights, including the right of withdrawal outlined above.

   

9 Transport Damages

If goods are delivered with obvious transport damage, please report such errors immediately to the delivery service and contact us as soon as possible.

Document any damages with photos and send them to us, along with your order number, by email to shop@helenegalwas.de.

Failure to make a complaint or contact us immediately will not have any consequences for your legal warranty rights. However, it helps us assert our own claims against the carrier or transport insurance.

    

10 Liability

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

If you are a consumer within the meaning of § 13 BGB, the liability period for warranty claims for used items, deviating from legal provisions, is one year. This limitation does not apply to claims arising from damages resulting from injury to life, body, or health, or from the breach of a fundamental contractual obligation, the fulfillment of which enables the proper execution of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligation). It also does not apply to claims arising from other damages based on intentional or grossly negligent breach of duty by the user or its vicarious agents.

In all other respects, the statutory provisions apply to the warranty, especially the two-year limitation period pursuant to § 438 (1) No. 3 BGB.

If you are a business owner within the meaning of § 14 BGB, the statutory provisions apply with the following modifications:

You are obliged to examine the goods promptly and with due diligence for quality and quantity deviations and to notify us of obvious defects within 7 days of receiving the goods. Timely dispatch is sufficient to meet the deadline. This also applies to later discovered hidden defects upon discovery. If you fail to fulfill the examination and complaint obligation, the assertion of warranty claims is excluded.

In the case of defects, we provide warranty at our discretion through rectification or replacement delivery (subsequent performance). In the case of rectification, we do not have to bear the increased costs incurred by transporting the goods to a location other than the place of performance, provided that the transport does not correspond to the intended use of the goods.

If subsequent performance fails twice, you can, at your choice, demand a reduction or withdraw from the contract.

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

    

11 Liability

Unlimited Liability: We shall be liable without limitation for intent and gross negligence, as well as in accordance with the Product Liability Act. For slight negligence, we shall be liable for damages resulting from injury to life, body, and health.

In all other respects, the following limited liability applies: In the case of slight negligence, we are only liable in the event of a breach of a material contractual obligation, the fulfillment of which enables the proper execution of the contract and on whose compliance you may regularly rely (cardinal obligation). The liability for slight negligence is limited to the foreseeable damages that are typically expected to arise at the time of the conclusion of the contract. This limitation of liability also applies in favor of our vicarious agents.

12 Alternative Dispute Resolution

The European Commission provides a platform for online dispute resolution (ODR), which you can find here: https://ec.europa.eu/consumers/odr/. Consumers have the opportunity to use this platform to resolve their disputes. To settle disputes arising from a contractual relationship with a consumer or to determine whether such a contractual relationship exists, we are obligated to participate in dispute resolution proceedings before a consumer arbitration board. The competent authority is the General Consumer Arbitration Board of the Center for Arbitration e.V., Strasbourg Street 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de. We will participate in dispute resolution proceedings before this authority.

 

13 Final Provisions  

If one or more provisions of these terms and conditions are or become invalid, this shall not affect the validity of the remaining provisions.

Contracts between us and you are governed exclusively by German law, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG). Mandatory provisions of the country in which you usually reside remain unaffected by the choice of law.

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

 

Status: 11, 2023