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AGB (EN)

General Terms and Conditions (T&C)

Version: 01.07.2019

 

 1.     Scope, contractual partners, delivery restrictions

 

(1)     The following Terms and Conditions, in their current version at the time of placing the order, shall apply to contracts for the purchase of goods between Heldbergs GmbH & Co. KG and the customer.

(2)    If the customer is a consumer within the meaning of Article 13 BGB [German Civil Code], then Paragraph 11 of the following clauses shall not apply, and shall only apply to contracts with companies within the meaning of Article 14 BGB.

(3)     The T&Cs regulate the details of the contractual relationship and at the same time contain important consumer information in legally authoritative wording. When ordering, you can use the links in our online shop to access, save and/or print our T&Cs. The T&Cs applicable to your order will be sent to you again separately together with the confirmation of dispatch and confirmation of contract, though no later than upon delivery of the goods, via a permanent data carrier (e.g. by e-mail, PDF attachment, or paper print-out).

 

(4)     The following delivery restrictions apply: We deliver only to customers whose usual residence (billing address) is in Germany and who can specify a delivery address here.

 

 

  2.    Information requirements for distance contracts

 

(1)     The contractual partner for the customer is Heldbergs GmbH & Co. KG, August-Grosch-Str. 28-38, 96476 Bad Rodach, GERMANY, Tel. +49 2855 9700 4009 (regular fixed line tariff of your telephone provider, cell phone charges may vary), Fax +49 9564 929 662200, E-Mail: info@heldbergs.com, District Court Coburg, HRA 5189, Personally liable shareholder: Heldbergs Beteiligungs-GmbH, Bad Rodach –
represented by the Managing Shareholder: Volker Habermaass, HRB 6192, District Court Coburg.
There are no representatives in other EU member states.
Heldbergs GmbH & Co. KG will in the following be referred to as "HELDBERGS".

(2)     The key features of goods are always listed in the item description, and can be viewed during the order process.

 

(3)     HELDBERGS reserves the right to withdraw from the agreement if, through no fault of its own, HELDBERGS is not in a position to deliver the goods ordered because the supplier has failed to fulfil his contractual obligations.

 

(4)     The agreement shall be concluded as follows: The customer shall place the order in the online shop in one of the available languages. The presentation of goods in the HELDBERGS online shop represents only a non-binding offer to order goods from HELDBERGS. It does not infer any binding offer of sale. The offer to conclude a purchase agreement is initiated by the customer by filling out in full the order page and clicking on the button “Order and pay”. The customer can view and amend the order at any time prior to this by clicking on the shopping basket symbol. Before submitting the order, the customer can review and amend his delivery and payment information. 

The contract is concluded once HELDBERGS has sent the goods ordered to the customer within 5 days (implied acceptance), or once HELDBERGS has accepted the order, for the purposes of concluding a contract, by means of an e-mail to the customer.

The contract may be concluded in the German language only. The contract text (comprising the order, T&Cs, and confirmation of dispatch and contract) shall be retained by us under observance of data protection law and sent to you by e-mail.

(5)     The prices stated on the website include legal VAT. The customer shall additionally bear packaging and delivery costs, as well as any import duties which may be incurred, pursuant to the following conditions of delivery.

 

(6)     Books are subject to the German Act on Pricing of Books (BuchPrG), i.e. we are bound by the prices set by the publishers, and may not offer any reductions/discounts. Books, in this sense, also include sheet music, cartography products, certain CDs, e-books, and combined products where one of the items named is the primary product.

 

(7)     All information provided by HELDBERGS - unless otherwise specified - is limited to the time at which the customer accesses such, since information, offers and prices are constantly being updated by HELDBERGS.

 

 3.      Right of withdrawal for CONSUMERS 

 

Right of withdrawal

You have the right to cancel this agreement without specification of grounds within fourteen days. The cancellation period is fourteen days from that day, on which you or a third party which you have named and who is not the transporter took ownership of the final item.

In order to enforce your right of cancellation, you must inform us

Heldbergs GmbH & Co. KG

August-Grosch-Str. 28-38

96476 Bad Rodach

GERMANY

Tel.: +49 9564 929 0* 

 

Fax: +49 9564 929-662200 

E-mail: info(at)heldbergs.com

*(regular landline charges apply, calls from mobile phones may be charged differently)

of your decision to cancel this contract by means of a clear declaration (e.g. a letter sent by post, fax, or e-mail). You may use the attached example cancellation form but this is not stipulated.

You can also fill in and send the example cancellation form or another clear declaration electronically on our website https://www.heldbergs.com/widerruf. If you use this option, then we shall send you a confirmation of receipt of such cancellation immediately (e.g. by e-mail).

In order to observe the cancellation period, it is sufficient that you send the notice of enforcement of the right to cancellation before the cancellation period expires.

 

Consequences of withdrawal:

If you withdraw from this contract, we will reimburse the payments we received from you, including the delivery costs (with the exception of the additional costs arising from the fact that you had chosen a different delivery method than the cheapest standard delivery method we offer), and we shall repay such immediately and at the latest within fourteen days from the date on which we received your notification of withdrawal from the contract. We shall refund such using the same payment method that you used in the original transaction, unless you expressly agree otherwise; in which case you will be charged the fees pertaining to this refund. We may withhold the refund until we have received the returned goods, or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or send back the goods to us 

HELDBERGS Online Shop

RHIEM Services GmbH

Gildeweg 10

46562 VOERDE

GERMANY

immediately, and no later than within fourteen days from that day on which you informed us of the cancellation of contract. Observance of this period is guaranteed if you dispatch the goods before the period of fourteen days expires.

 

We shall bear the costs for return delivery of the goods.

You must only compensate for possible loss of value to the goods if this loss of value is due to handling of such not required for inspection of condition, properties, and function of the goods.

 

Exclusion or premature lapsing of right of cancellation

The right of cancellation does not exist for agreements

  • on delivery of goods which are not prefabricated and which absolutely require an individual choice or decision by the consumer in order to be manufactured, or which are clearly tailor-made for the personal needs of the consumer;
  • on delivery of goods which may perish rapidly, or where the best before date may be rapidly exceeded

The right of cancellation lapses prematurely for agreements

  • on delivery of sealed goods which, for reasons of hygiene or protection of health, are not suitable for returns once the seal has been broken after delivery;
  • on delivery of goods where such have been inseparably mixed with other goods after delivery due to their nature;
  • on delivery of audio or video recordings, or computer software in sealed packaging where the seal has been broken after delivery.

Handling: In order to ensure that a return is handled as quickly as possible, the customer is requested to return the goods in their original packaging and with all packaging components, or at least in appropriate transport packaging, as far as possible. Please ensure you obtain a confirmation of receipt from the transport company commissioned with the return delivery, and keep this until the cancellation has been completed. Please note that the modalities stated in this clause are not prerequisites for effective enforcement of the right of cancellation

Heldbergs GmbH & Co. KG – Example cancellation form

(If you want to withdraw from the contract, please fill out this form and send it back to us, or use our online withdrawal form)

 

4.   Information on ordering electronically

(1)     To order goods via the HELDBERGS online shops, the customer must first find the goods in the catalogue and place them in the “shopping basket”. The shopping basket is a list of all goods which the customer has identified for ordering by clicking on them. After the customer selects an item, the shopping basket is displayed. The quantity of an item in the shopping basket can be amended, or an item can be removed from the basket.

(2)     Once the shopping basket contains all desired goods in the right quantity, the customer can continue the order process by clicking on the corresponding button. The customer will then be asked to provide his billing and delivery address, and to specify the desired method of payment and delivery. Before the order is finalised, an overview of all order details is displayed once more where the customer can make corrections.

(3)     If the customer is a consumer in the sense of Sec. 13 BGB, then he shall be given the opportunity to acknowledge, print out, or save the content of these Terms and Conditions. Once the customer has acknowledged these Terms and Conditions and given his consent to entering into the contractual relationship described therein, the order process can continue.

 

(4)     The order, including the customer’s personal data, is stored electronically by HELDBERGS.

 

 

 5.   Conditions of payment and reservation of title

 

(1)     Upon conclusion of the purchase contract, the customer is liable to pay the purchase price.

 

(2)     You can either pay by credit card, PayPal, instant bank transfer, invoice (only within Germany) or prepayment. Payment should preferably be made by credit card. Credit card transactions are performed by BS PAYONE GmbH · Lyoner Str. 9 · 60528 Frankfurt, Germany | Company reg. no. 28985 | Management: Niklaus Santschi, Jan Kanieß, Dr Götz Möller, Carl Frederic Zitscher | Chair of the Supervisory Board: Ottmar Bloching

 

The customer hereby declares his consent for HELDBERGS to invoice the order with the credit card company, in particular by means of online banking. Alternative methods of payment include advance payment, bank transfer, Maestro, PayPal, and payment on invoice - assuming corresponding creditworthiness.

 

Payment on invoice

We offer payment on invoice as a payment option in collaboration with BS PAYONE GmbH, Lyoner Straße 9, 60528 Frankfurt am Main, Germany. Payment is made to BS PAYONE. This method of payment is available to both retailers and consumers.

BS PAYONE invoice

 

When paying on invoice with BS PAYONE, you will always receive the goods first and will have a payment term of 14 days. You will find the full T&Cs for payment on invoice here. The online shop does not charge any fees for payment on invoice.

(3)     The goods or service delivered or otherwise rendered shall remain the property of HELDBERGS until payment has been made in full. Where the purchase price is not paid in full, the customer shall inform HELDBERGS immediately in writing if the goods are encumbered by the rights of third parties or in any way exposed to interventions of third parties. In the event of resale of goods subject to reservation of title, the customer hereby cedes to HELDBERGS all receivables from such a resale, regardless of whether such occurred before or after any manipulation of the goods subject to reservation of title. 

 

  

6.   Conditions of dispatch and delivery

 

(1)     We deliver only to addresses in Germany and EU Member States:

For Germany: Standard deliveries are carried out by the parcel service (DHL) within 3-4 business days of receiving your order, express deliveries via DHL Express within 1-2 business days, provided that all of the items are in stock. Different delivery times are indicated in the item description and in the shopping cart. We charge a flat rate of €5.95 for standard delivery, or €20.90 for express delivery. For standard delivery within Germany there are no shipping costs charged for a goods value of €100 or more (including VAT).

→ Delivery to DHL packing stations within Germany is possible.

For European UnionStandard deliveries are carried out by the parcel service (UPS) within 3-6 business days of receiving your order, express deliveries via DHL Express Int within 1-2 business days, provided that all of the items are in stock. Different delivery times are indicated in the item description and in the shopping cart. We charge a flat rate of €14.90 for standard delivery, or €29.90 for express delivery. 

(2)     If the goods are to be delivered to the customer, the customer has to bear the delivery costs and any applicable import duties. A delivery condition is that they goods are Delivered Duty Unpaid (DDU).

(3)     The delivery costs are also displayed immediately before a customer submits an order in the online shop. We reserve the right to offer standard delivery only in our online shop, either in part or in whole, and/or to occasionally waive the right to charge a flat fee for delivery costs.

  

7.   Rights of the customer in case of defects and liability on the part of HELDBERGS

 

(1)     The legal warranty obligation is 2 years and begins on the date of delivery of the item to the customer/receipt of the item by the customer. Our Customer Service Centre is here to help in case customers have issues.

 

(2)     HELDBERGS shall remedy defects claimed by the customer at its own cost either by repairing the item or by sending new or reconditioned components, at its own discretion.

 

(3)     Where remedies or replacement deliveries fail after an appropriate period of time, the customer can choose to demand a reduction in purchase price or annulment of the contract.

 

(4)     Unless otherwise stated below, claims of the customer beyond this - on whatever legal grounds - are excluded. HELDBERGS is therefore not liable for damages caused to the delivery object itself; in particular, HELDBERGS is not liable for lost profits or other damages to the customer’s assets. If the contractual liability of HELDBERGS is excluded or limited, this shall also apply to the personal liability of HELDBERGS’ employees, representatives, and agents.

 

(5)     The aforementioned limitation of liability shall not apply if the damages are due to wilful intent or gross negligence, or if personal damages have occurred. It shall furthermore not apply if the customer enforces legally regulated claims.

 

(6)     Where HELDBERGS negligently breaches a material contractual obligation, the obligation to pay damage compensation is limited to the damages typically incurred.

 

(7)     Obvious damages to the packaging of the goods visible from the outside shall be reported to the transporter or haulier by the customer immediately.

 

(8)     Where complaints were unjustified and the item free of defect and fault, HELDBERGS shall be entitled to charge the customer a fee of €40 for delivery and inspection. The customer shall still have the right to prove lesser or greater expenditure. In addition, the customer shall pay the delivery costs in such case.

 

 

8.   Username / Password / Customer Key

(1)     Upon acceptance of a registration, HELDBERGS activates a user account for performing and billing orders, and discloses such to the customer in writing once the customer has entered his address. In this respect, a username, password, and customer key, where applicable, are generated and disclosed. These serve to identify and authorise the customer, and may therefore only be used by the customer himself. The customer shall handle this data carefully and in confidence, and shall protect it against disclosure to third parties.

 

(2)     Where the customer possesses evidence or suspects that unauthorised third parties have gained knowledge of these data, he shall inform HELDBERGS immediately such that the customer’s access can be blocked.

 

(3)     In case of default on payment, premature cancellation of a direct debit order, closure or blocking of a bank account specified, or expiry of a credit card, HELDBERGS may block the user account.

 

 

9.   Data protection notice

 

We collect and process personal data for the purposes of executing orders, maintaining customer relationships, and advertising. In this regard, we also transfer your data to third parties, e.g. delivery companies, wherever such is necessary. For the purposes of assessing creditworthiness, necessary data shall, where applicable, be forwarded to

BS PAYONE GmbH

Lyoner Straße 9

60528 Frankfurt am Main, Germany

BS PAYONE shall review and evaluate your data, and, in case of a legitimate interest and occasion, shall exchange data with other companies and financial information institutions. Your personal data are processed in accordance with the applicable data protection provisions and according to the provisions of BS PAYONE’s data protection policy.

We also permit carefully selected delivery companies, brand manufacturers, and publishers to send you information and offers as part of our marketing approach. We sometimes use external service providers for performing data processing tasks.

 

If you do not wish to continue receiving information and offers, you can prohibit us or third parties from using your data for advertising purposes at any time by sending an informal notice (by post: Heldbergs GmbH & Co. KG , August-Grosch-Str. 28-38, 96476 Bad Rodach, GERMANY; by e-mail: info@heldbergs.com).

 

The party responsible in the sense of the German Federal Data Protection Act (BDSG) for HELDBERGS Online Shop is Heldbergs GmbH & Co. KG, August-Grosch-Straße 28-38, 96476 Bad Rodach.

 

You can find our data protection policy here.

 

10. Choice of law

Germany law applies to the contractual relationship and claims from or in relation to the same, under exclusion of the UN CISG.

Obligations to provide information according to the German Consumer’s Alternative Dispute Resolution Act (consumer dispute resolution law – VSBG)
We endeavour to resolve any differences of opinion arising from our contract with the customer amicably. Should it not be possible to reach an accord, we are prepared, in case of disputes relating to a sum in excess of €500, to conduct arbitration proceedings free of charge for the customer before the following recognised office for consumer arbitration:

Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e.V. 
Straßburger Straße 8 
77694 Kehl am Rhein 
Tel: 07851 / 795 79 40 
Fax: 07851 / 795 79 41 
Email: mail@verbraucher-schlichter.de 
www.verbraucher-schlichter.de

If no accord is reached here, the customer is entitled to choose his course of legal action.

Where disputes between us and you as the consumer cannot be resolved, you may utilise the online dispute resolution process at  http://ec.europa.eu/odr/ according to the EU Regulation on online dispute resolution for consumer disputes (524/2013). This gives consumers the opportunity to resolve disputes related to their online order without engaging a court of law. 

 

11.    Special conditions for contracts with traders

The following deviations from the above Terms and Conditions apply for customers who are traders, not consumers, in the sense of Sec. 14 BGB.

(1)     The rights of return and cancellation according to para. 3 shall not apply if the customer is a trader in the sense of Sec. 14 BGB.

(2)     In deviation from para. 8, the warranty for business transactions with traders is limited as follows:

a) The warranty period is limited to 12 months.

b) The warranty of HELDBERGS with respect to the customer - where such is a trader in the sense of Sec. 14 BGB - should be subsidiary to the warranty of the supplier. For this purpose, HELDBERGS shall cede to the customer in advance its warranty claims against the manufacturer/supplier with respect to contracted software or hardware, and/or documentation or other operating instructions. The customer shall accept this cession. The customer can therefore initially enforce warranty claims against the manufacturer/supplier - before a court of law in urgent cases. The limitation of warranty claims against HELDBERGS is restricted to the duration of legal action before a court of law. HELDBERGS shall issue the contract documents necessary for legal action, and shall provide the necessary information regarding the contract partner. HELDBERGS’ warranty shall be revived if there is no prospect of success in enforcing a claim against the manufacturer/supplier for legal reasons, or due to financial collapse, e.g. insolvency, non-traceability, legal limitations, or existing counter-rights.

(3)   In deviation from para. 8, the customer - where such is a trader - shall inspect the purchased item or service immediately upon receipt, and in doing so shall declare any defects which he might identify. Sec. 377 German Commercial Code (HGB) shall not apply.

(4)   HELDBERGS’s liability on whatever legal grounds is limited to the value of the order. Any further liability to pay damage compensation is excluded; in particular liability without fault is excluded. Liability according to the German Product Liability Act (Produkthaftungsgesetz) shall remain unaffected.

(5)   The customer may only offset claims of HELDBERGS with claims asserted and uncontested in a legally effective manner.

(6)   Terms and Conditions of the customer shall only apply where HELDBERGS has consented to such explicitly and in writing.