Terms of service

 

General Terms and Conditions

1 Scope and provider

These General Terms and Conditions apply to all orders you place in the online shop of Helene Galwas GmbH.

 

The product offering in our online shop is exclusively aimed 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 therefore also apply to all future business relationships with companies, even if they are not expressly agreed upon again. The inclusion of General Terms and Conditions of a customer that contradict our General Terms and Conditions is hereby rejected.

 

The language of the contract 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 presentation of goods in the online shop does not constitute a binding offer to conclude a purchase contract. Rather, it is an invitation to order goods in the online shop without obligation.

 

By clicking the button [“Order now with payment obligation” / “buy”], you submit a binding purchase offer (§ 145 BGB). Immediately before placing this order, you can review and, if necessary, correct the order once more.

 

Upon receipt of the purchase offer, you will receive an automatically generated email confirming that we have received your order (confirmation of receipt). This confirmation of receipt does not yet constitute 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 explicitly declare acceptance of the purchase offer (order confirmation) or when we send the goods to you – without prior explicit acceptance declaration. Exception: with payment in advance and PayPal, acceptance of the order occurs immediately with your order.

 

 

 

3 prices

The prices stated on the product pages include the 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

 

Payment can be made optionally:

 

  • Credit card
  • Paypal
  • Prepayment
  • Sofort Überweisung
  • Apple Pay
  • Klarna
  • Shop Pay
  • Google Pay

 

 

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

 

When paying by credit card, the purchase price is authorized on your credit card at the time of ordering. The actual charge to your credit card account occurs only upon shipment of the goods.

 

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 there with your user data and complete the payment.
If you have not used PayPal so far, you can register as a guest or open a PayPal account and then confirm the payment.
The payment receipt is usually recorded with us 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 fall behind on a payment, you are obliged to pay statutory default interest at a rate of 5 percent above the base interest rate. For each reminder letter sent to you after the default occurs, a reminder fee of 2.50 EUR will be charged, unless a lower or higher damage is proven in individual cases.

 

 

 

5 Set-off and right of retention

You are only entitled to a right of set-off if your counterclaim has been legally established, is not disputed or acknowledged by us, or is in a close reciprocal relationship to our claim.

 

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

 

 

 

6 Delivery and retention of title

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

 

A sale occurs only in household quantities.

 

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

 

We are exceptionally not obliged to deliver the ordered goods if we have properly ordered the goods on our part but have not been delivered correctly or on time (congruent coverage transaction). The prerequisite is that we are not responsible for the lack of availability of the goods and that you have informed us of this circumstance without delay. Furthermore, we must not have assumed the risk of procuring the ordered goods. In the event of corresponding 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 ordering of goods that are only described by their type and characteristics (generic goods). We are only obliged to deliver from our stock of goods and the goods we have ordered from our suppliers obligated.

 

If you are an entrepreneur within the meaning of § 14 BGB, the following additionally applies:

 

We retain ownership of the goods until all claims from the ongoing business relationship have been fully settled. Pledging or transferring ownership of the reserved goods is not permitted before the transfer of ownership.

 

You may resell the goods in the ordinary course of business. In this case, you hereby assign all claims arising from the resale in the amount of the invoice to us. We accept the assignment, but you are authorized to collect the claims. If you do not fulfill your payment obligations properly, 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 are obliged to release the securities due to us upon request to the extent that the realizable value of our securities exceeds the secured claims by more than 10%. The selection of the securities to be released is at our discretion.

 

 

 

7 Revocation Instruction 

In the event that you are a consumer within the meaning of § 13 BGB, meaning that you are making the purchase for purposes that are predominantly not attributable to your commercial or 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 fourteen days without giving any reason.

 

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

 

To exercise your right of revocation, you should select and revoke the individual items in your user account. Alternatively, you can contact us (Helene Galwas GmbH, Hans-Böckler-Allee 26 (4th floor), 30173, Hanover, +49 163 25 33 594, shop@helenegalwas.de) by means of a clear statement (e.g., a letter sent by post or email) informing us of your decision to revoke this contract. You can use the attached sample revocation form for this, but it is not mandatory. To meet the revocation deadline, it is sufficient that you send the notice of exercising the right of revocation before the revocation period expires. 

 

Sample Withdrawal Form

If you wish to revoke the contract, please fill out this form and send it back. 

– To Helene Galwas GmbH, Hans-Böckler-Allee 26 (4th floor), 30173, Hanover, Germany 

– I/we hereby revoke (*) the contract concluded by me/us (*) regarding the
   Purchase 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 notification on paper) 

– Date (*) Cross out what does not apply.

 

Consequences of withdrawal

 

If you revoke this contract, we will refund you all payments we have received from you, including delivery costs (except for additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), without delay and no later than fourteen days from the day we receive your notice of revocation of this contract. For this refund, we will use the same payment method you used for the original transaction, unless something else has been expressly agreed with you; in no case will you be charged fees for this refund.

 

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

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

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

 

You bear the direct costs of €7.90 for the return of the goods.

 

You are only liable for any loss in value of the goods if this loss in value is due to handling the goods beyond what is necessary to check their condition, properties, and functioning.

 

The right of withdrawal exists unless the parties have agreed otherwise, but not for the following contracts:

 

  • Contracts for the delivery of goods that are not pre-manufactured and for whose production an individual choice or specification by the consumer is significant or that are clearly tailored to the personal needs of the consumer, or

 

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

 

 

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

 

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

 

8 Voluntary right of return

All products from helenegalwas.com can be returned within 14 days of receipt of the goods. However, the right of return only applies to unworn, unwashed, and flawless items from which the labels have not been removed. Any loss of value of the goods due to wearing, washing, or causing other signs of use will result in the rejection of the return, as we cannot offer these items for sale again. In this case, the goods will be returned to the customer without a refund of the purchase price.

For a return request, please write to us at shop@helenegalwas.de and we will send you a suitable return label.

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

Returns, in our reusable box, should be sent to: Helene Galwas GmbH, Hans-Böckler-Alle 26 (4th floor), 30173 Hanover, Germany

This voluntary right of return does not limit your statutory rights and thus also does not limit your right of withdrawal as described above.

 

 

9 Transport damages

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

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

 

The failure to make a complaint or contact has no consequences for your statutory warranty rights. However, you help us to assert our own claims against the carrier or the transport insurance.

 

 

 

10 Warranty

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

 

If you are a consumer within the meaning of § 13 BGB, the liability period for warranty claims for used goods - deviating from the statutory provisions - is one year. This limitation does not apply to claims for damages arising from injury to life, body, or health or from the breach of a significant contractual obligation, the fulfillment of which makes the proper execution of the contract possible in the first place and on which the contracting party may regularly rely (cardinal obligation), as well as for claims arising from other damages that are based on intentional or grossly negligent breaches of duty by the user or their vicarious agents.

 

Furthermore, the statutory provisions apply to the warranty, in particular the two-year limitation period according to § 438 para. 1 no. 3 BGB.

 

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

 

You are obliged to examine the goods immediately and with due care for quality and quantity deviations and to notify us of any 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 from the time of discovery. In case of violation of the inspection and notification obligation, the assertion of warranty claims is excluded.

 

In the case of defects, we provide warranty at our discretion through rectification or replacement (subsequent performance). In the event of rectification, we are not required 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 the subsequent performance fails twice, you may choose to 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 are fully liable for intent and gross negligence as well as in accordance with the Product Liability Act. For slight negligence, we are liable for damages resulting from injury to life, body, and health of persons.

 

Furthermore, the following limited liability applies: In cases of slight negligence, we are only liable in the event of a breach of a significant contractual obligation, the fulfillment of which makes the proper execution of the contract possible in the first place and on which you may regularly rely (cardinal obligation). Liability for slight negligence is limited to the foreseeable damages at the time of the conclusion of the contract, which typically must be expected to occur. 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 option to use this platform for resolving their disputes. We are obliged to participate in dispute resolution procedures before a consumer arbitration board for disputes arising from a contractual relationship with a consumer or regarding whether such a contractual relationship exists at all. The responsible body is the General Consumer Arbitration Board of the Centre for Mediation e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de. We will participate in a dispute resolution procedure before this body.

 

 

 

13 Final Provisions

Should one or more provisions of these General Terms and Conditions be or become ineffective, the effectiveness of the other provisions shall not be affected.

 

Contracts between us and you are exclusively governed by German law, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, "UN Sales Law"). 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 public law special fund, our registered office is the place of jurisdiction for all disputes arising from or in connection with contracts between us and you.

 

 

 

Stand: 02, 2025