1 ScopeThe following general terms and conditions apply to orders in the online shop and follow-up orders:
HELFE GmbH & Co KG
Company register number: FN 508300 a
2 Offer and conclusion of contract
The products shown in the online shop do not represent a legally binding offer, but rather a non-binding online catalog for buyers who are over 18 years of age. By clicking on the “Buy now!” button, you as a customer place a binding order for the items in the shopping cart contained goods. Confirmation of receipt of the order follows immediately after sending the order and does not constitute acceptance of the contract. HELFE can accept your order by sending an order confirmation by e-mail or by delivering the goods within six working days of receipt of the order. The contract concluded in this way is stored electronically by HELFE. You will receive a description of the contract content either as part of the order confirmation in text form by e-mail or on paper with the delivery of the goods. You can view and print out the terms and conditions at any time at www.helfe.com .
3 General delivery conditions
The goods are delivered by parcel to the specified delivery location by an appointed transport company. The delivery time is usually 4–6 days. HELFE’s deliveries vary per country and order value. You can view the shipping costs on this page .
4 payment termsThe prices include the statutory VAT in Austria and are valid at the time the order is placed by the customer plus the respective shipping costs.
Possible payment methods are credit card, Paypal, purchase on account via our partner Klarna, as well as prepayment. HELFE reserves the right to specify the payment methods at the time the customer places the order without giving reasons.
The costs and chargeback fees of banks and savings banks resulting from incorrect account details, chargebacks or insufficient account funds, which are based on the fault of the customer or culpable behavior of third parties attributable to the customer, are borne by the customer or the third party.
The purchase price is due upon conclusion of the contract. If the legal requirements are met, the customer is automatically in default if he does not make payment immediately after the due date and receipt of the invoice. In the event of default, the customer will be charged additional default interest of 5% pa. A separate reminder will not be sent. The debtor is not in default as long as performance fails due to a circumstance for which he is not responsible.
§ 5 Retention of title; On Bill; Right of retention
For consumers, HELFE reserves ownership of the purchased item until the invoice amount has been paid in full. If you are an entrepreneur carrying out your commercial or independent professional activity, a legal entity under public law or a special fund under public law, HELFE reserves ownership of the purchased item until all outstanding claims from the business relationship with you have been settled. The corresponding security rights are transferable to third parties. Extraordinary dispositions, such as pledging or transfer of ownership as security, are not permitted. If the reserved goods are processed, mixed or combined with other material, HELFE acquires co-ownership of the resulting products in the ratio of the value of the reserved goods to that of the other material. If the reserved goods are seized, you must inform HELFE immediately and support HELFE in securing your rights and reimburse all costs incurred in this regard, in particular those in connection with an objection process.
There is not only a right to offset or retention. Consumers only have the option of offsetting counterclaims that are legally related to the consumer's liability. In addition, offsetting is excluded. In addition, you only have a right of retention if and to the extent that your counterclaim is based on the same contractual relationship.
If the customer is in default with any payment obligations to us, all claims against him will become due immediately.
§ 6 Limitations of liability
Given the current state of technology, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. HELFE is therefore not liable for the constant and uninterrupted availability of the online trading system nor for technical and electronic errors over which HELFE has no influence, in particular not for delayed processing of orders.
§ 7 Information on liability for defects and transport damage
The statutory liability for defects under purchase law applies. If goods are delivered with obvious transport damage, please complain about such errors immediately to the delivery person and contact us as quickly as possible.
Failure to make a complaint or contact us has 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 company.
If you are an entrepreneur, the following provisions apply:
Only our own information and the manufacturer's product description are binding regarding the quality of the goods, but not public praise and statements and other advertising by the manufacturer. - You are obliged to inspect the goods immediately and with due care for deviations in quality and quantity and to report any obvious defects to us within 7 days of receipt of the goods. Timely dispatch is sufficient to meet the deadline. This also applies to hidden defects discovered later upon discovery. If the obligation to inspect and give notice of defects is violated, the assertion of warranty claims is excluded. In the event of defects, we will, at our discretion, provide a guarantee through repair or replacement delivery (supplementary performance). In the event of repair, we do not have to bear the increased costs that arise from moving the goods to a location other than the place of performance if the delivery does not correspond to the intended use of the goods. If supplementary performance fails twice, you can choose to demand a reduction or withdraw from the contract. The warranty period is one year from date of delivery.
8 Cancellation policy
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reasons. The cancellation period runs 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 (in the case of regular delivery of goods over a fixed period, 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 first goods).
To exercise your right of withdrawal, you must contact us
HELFE GmbH & Co KG
inform you of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the model cancellation form for this, although this is not mandatory. In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires.
Consequences of revocation
If you cancel this contract, we will refund to you all payments received from you, including delivery costs (except for any additional costs arising from you choosing a method of delivery other than the cheapest standard delivery offered by us to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your withdrawal from this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment.
We may refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is the earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of your cancellation of this contract. The deadline is met if you send the goods before the fourteen day period has expired. We bear the costs of returning the goods.
You are only liable for any loss in value of the goods if this loss in value is due to the handling other than what is necessary to establish the nature, characteristics and functionality of the goods.
Exclusion of the right of withdrawal
Orders for sealed goods, e.g. medicines that are not suitable for return for health protection or hygiene reasons if their seal has been removed after delivery, or for goods that are not prefabricated and for whose production an individual selection or determination is made the consumer or which are clearly tailored to the personal needs of the consumer or about goods that can spoil quickly or whose expiry date would quickly be exceeded cannot be revoked. Many medicines spoil easily when exposed to heat or direct sunlight. Since we cannot check whether the medications were handled properly after delivery, they are no longer allowed to be sold and must instead be disposed of, also for legal reasons. For these reasons, the right of withdrawal is excluded for medicines.
- End of revocation -
Unlimited liability: We have unlimited liability for intent and gross negligence as well as in accordance with the Product Liability Act. We are liable for damages resulting from injury to life, body and health of persons due to slight negligence.
Otherwise, the following limited liability applies: In the event of slight negligence, we are only liable in the event of a breach of an essential contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on whose compliance you can regularly rely (cardinal obligation). Liability for slight negligence is limited to the amount of damage that was foreseeable at the time the contract was concluded and which must typically be expected to occur. This limitation of liability also applies to our vicarious agents.
10 Alternative Dispute Resolution
The EU Commission has provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to resolve disputes in connection with their online order without going to court. The dispute resolution platform can be accessed under the external link http://ec.europa.eu/consumers/odr/.
We endeavor to resolve any disagreements arising from our contract amicably. Furthermore, we are not obliged to participate in an arbitration procedure and unfortunately cannot offer you participation in such a procedure.
11 Applicable law, firing regulations
Austrian law applies to the business relationships between HELFE GmbH & Co KG (HELFE for short) and the purchaser, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). The choice of law does not result in the consumer being deprived of the protection afforded to him by those provisions which cannot be deviated from by agreement under the law that would apply in the absence of a choice of law. The choice of law also does not affect the application of the internationally binding provisions of the law of the court seised.
If one or more provisions of these General Terms and Conditions are or become ineffective, this will not affect the effectiveness of the remaining provisions.