Terms of service
General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to all contracts that you conclude with us as the provider (Hermann Hell) via the website www.hells.de. Unless otherwise agreed, the inclusion of any standard business terms you may use is hereby rejected.
(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed professional. An entrepreneur is any natural or legal person or a partnership with legal capacity that acts in the exercise of their independent professional or commercial activity when concluding a legal transaction.
§ 2 Conclusion of the Contract
(1) The subject of the contract is the sale of goods.
(2) By listing the respective product on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the product description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "Shopping Cart". You can access the "Shopping Cart" via the corresponding button in the navigation bar and make changes there at any time.
After clicking the "Checkout" or "Proceed to Order" button (or similar designation) and entering your personal data as well as payment and shipping conditions, the order data will be displayed to you as an order overview.
If you use an instant payment system (e.g., PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as a payment method, you will either be directed to the order overview page in our online shop or to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, you will make the corresponding selection or enter your data there. Finally, the order data will be displayed to you as an order overview on the website of the instant payment system provider or after you have been redirected back to our online shop.
Before submitting the order, you have the opportunity to review, modify (also via the "back" function of your internet browser), or cancel the order.
(4) Your inquiries for the creation of an offer are non-binding for you. We will make you a binding offer in text form (e.g., by email), which you can accept within 5 days (unless a different period is specified in the respective offer).
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is carried out by email, partly automated. You must therefore ensure that the email address you have provided to us is correct, that the receipt of emails is technically guaranteed, and in particular not prevented by SPAM filters.
§ 3 Individually Customized Goods
(1) You must provide us with the necessary suitable information, texts, or files for the individual customization of the goods via the online ordering system or by email immediately after the conclusion of the contract. Any specifications we may have regarding file formats must be observed.
(2) You undertake not to transmit any data whose content violates the rights of third parties (in particular copyright, name rights, trademark rights) or contravenes applicable laws. You explicitly release us from all claims made by third parties in this context. This also includes the costs of any necessary legal representation in this regard.
(3) We do not check the transmitted data for factual accuracy and therefore assume no liability for errors.
§ 4 Special Agreements on Offered Payment Methods
(1) Payment via Klarna
In cooperation with the payment service provider Klarna Bank AB (publ) (Sveavägen 46, 111 34 Stockholm, Sweden; "Klarna"), we offer the following payment options. Payment is made to Klarna in each case:
- Instant Bank Transfer ("Pay Now")
Further information about Klarna and the Klarna Terms of Use for Germany can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/user and https://www.klarna.com/de/.
(2) SEPA Direct Debit
When paying by SEPA Direct Debit, you authorize us by issuing a corresponding SEPA mandate to collect the invoice amount from the specified account.
The direct debit will be collected within 3 days of the conclusion of the contract.
The deadline for the transmission of the pre-notification (Pre-Notification) is shortened to 5 days before the due date. You are obligated to ensure that the account has sufficient funds on the due date. In the event of a returned direct debit due to your fault, you must bear the resulting bank charges.
§ 5 Right of Retention, Reservation of Title
(1) You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
(3) If you are an entrepreneur, the following additionally applies:
a) We reserve title to the goods until all claims from the ongoing business relationship are fully settled. Before the transfer of title to the reserved goods, pledging or security transfer is not permitted.
b) You may resell the goods in the ordinary course of business. In this case, you already now assign to us all claims in the amount of the invoice value that arise from the resale, and we accept the assignment. You remain authorized to collect the claim. However, if you do not meet your payment obligations properly, we reserve the right to collect the claim ourselves.
c) In the event of combination and mixing of the reserved goods, we 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.
d) We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of our securities exceeds the secured claim by more than 10%. The selection of the securities to be released is at our discretion.
§ 6 Warranty
(1) The statutory warranty rights apply.
(2) As a consumer, you are requested to immediately check the goods upon delivery for completeness, obvious defects, and transport damage and to report any complaints to us and the carrier as soon as possible. Failure to do so will not affect your statutory warranty claims.
(3) If a characteristic of the goods deviates from the objective requirements, the deviation is only considered agreed if you were informed of it by us before submitting the contract declaration and the deviation was explicitly and separately agreed between the contracting parties.
(4) If you are an entrepreneur, the following applies in deviation from the above warranty regulations:
a) Only our own statements and the manufacturer's product description are considered agreed as the characteristics of the goods, but not other advertising, public announcements, or statements by the manufacturer.
b) In the event of defects, we will provide warranty at our discretion by repair or replacement delivery. If the rectification of the defect fails, you may, at your discretion, demand a reduction in price or withdraw from the contract. The rectification of the defect is considered to have failed after an unsuccessful second attempt, unless the nature of the goods or the defect or other circumstances indicate otherwise. In the case of repair, we do not have to bear the increased costs incurred by moving the goods to a location other than the place of performance, provided that the movement does not correspond to the intended use of the goods.
c) The warranty period is one year from the delivery of the goods. The shortening of the period does not apply:
- for damage to life, body, or health caused by our fault and for other damage caused intentionally or through gross negligence;- insofar as we have fraudulently concealed the defect or have given a guarantee for the characteristics of the item;- for items that have been used in accordance with their usual use for a building and have caused its defectiveness;- for statutory recourse claims that you have against us in connection with defect rights.
§ 7 Choice of Law
(1) German law applies. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the consumer's habitual residence is not withdrawn (principle of favorability).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) do not apply.
II. Customer Information
1. Identity of the Seller
Hermann Hell
Robert-Bosch-Straße 4
89359 Kötz
Germany
Phone: 08221 3671919
Email: info@hells.de
Alternative Dispute Resolution:
We are neither willing nor obligated to participate in dispute resolution procedures before consumer arbitration boards.
2. Information on the Conclusion of the Contract
The technical steps for concluding the contract, the conclusion of the contract itself, and the correction options are governed by the provisions "Conclusion of the Contract" in our General Terms and Conditions (Part I).
3. Contract Language, Storage of Contract Text
3.1. The contract language is German.
3.2. The full contract text is not stored by us. Before submitting the order via the online shopping cart system, the contract data can be printed or saved electronically using the browser's print function. After receipt of the order by us, the order data, the legally required information for distance selling contracts, and the General Terms and Conditions will be sent to you again by email.
3.3. For offer requests outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g., by email, which you can print or save electronically.
4. Codes of Conduct
4.1. We have subjected ourselves to the Buyer Seal quality criteria of Händlerbund Management AG, which can be viewed at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf.
5. Essential Characteristics of the Goods or Service
The essential characteristics of the goods and/or service can be found in the respective offer.
6. Prices and Payment Terms
6.1. The prices listed in the respective offers, as well as the shipping costs, are total prices. They include all price components, including all applicable taxes.
6.2. The applicable shipping costs are not included in the purchase price. They can be accessed via a corresponding button on our website or in the respective offer, are displayed separately during the ordering process, and must be borne by you in addition, unless free shipping is promised.
6.3. If delivery is made to countries outside the European Union, additional costs may arise that are not our responsibility, such as duties, taxes, or money transfer fees (transfer or exchange rate fees of credit institutions), which you must bear.
6.4. Costs of money transfer (transfer or exchange rate fees of credit institutions) that arise must be borne by you in cases where delivery is made to an EU member state, but payment is initiated outside the European Union.
6.5. The payment methods available to you are displayed under a corresponding button on our website or in the respective offer.
6.6. Unless otherwise stated for the individual payment methods, payment claims from the concluded contract are due for immediate payment.
7. Delivery Terms
7.1. The delivery terms, delivery date, and any existing delivery restrictions can be found under a corresponding button on our website or in the respective offer.
7.2. If you are a consumer, it is legally stipulated that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company or another person designated to carry out the shipment that has not been named by the entrepreneur.
If you are an entrepreneur, delivery and shipment are at your risk.
8. Statutory Defect Liability
The defect liability is governed by the "Warranty" regulation in our General Terms and Conditions (Part I).
These General Terms and Conditions and Customer Information were created by the IT law specialists of Händlerbund and are continuously checked for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.
Last updated: 22.10.2024
