General terms and conditions with client information

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Table of contents

  1. Scope
  2. Conclusion of contract
  3. Right of withdrawal
  4. Prices and terms of payment
  5. Delivery and shipping terms
  6. Retention of title
  7. Liability for defects (warranty)
  8. Liability
  9. Special conditions for the processing of goods according to certain specifications of the customer
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  11. Redemption of promotional coupons
  12. Applicable law
  13. Jurisdiction
  14. Code of Conduct
  15. Alternative dispute resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "Terms and Conditions") of Helm Trophy GmbH (hereinafter "Seller"), apply to all contracts for the delivery of goods, which a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller with regard to the goods presented by the Seller in his online store. Hereby, the inclusion of the customer's own terms and conditions is contradicted, unless otherwise agreed.

1.2 Consumer within the meaning of these terms and conditions is any natural person who enters into a legal transaction for purposes that can be attributed predominantly neither to their commercial nor their independent professional activity.

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1.3 Entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.

2) Conclusion of contract

2.1 The product descriptions contained in the online store of the seller do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.

2.2 The customer can submit the offer via the online order form integrated into the seller's online store. In doing so, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the customer can also submit the offer by telephone, fax, e-mail, mail or online contact form to the seller.

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2.3 The seller may accept the customer's offer within five days,

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  • by sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation by the Customer shall be decisive, or
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  • by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer shall be decisive, or
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  • by requesting payment from the customer after submission of the customer's order
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If several of the above alternatives exist, the contract is concluded at the time when one of the above alternatives occurs first. The period for acceptance of the offer begins to run on the day after the sending of the offer by the customer and ends with the expiry of the fifth day, which follows the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.

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2.4 If a payment method offered by PayPal is selected, the payment will be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the Terms of Payment without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays by means of a payment method offered by PayPal that can be selected in the online ordering process, the seller already declares acceptance of the customer's offer at the time the customer clicks the button completing the ordering process.

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2.5 If the payment method "Amazon Payments" is selected, the payment will be processed via the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: "Amazon"), subject to the Amazon Payments Europe User Agreement, viewable at https://payments.amazon.de/help/201751590. If the customer selects "Amazon Payments" as a payment method during the online ordering process, he also issues a payment order to Amazon by clicking the button that concludes the ordering process. In this case, the seller already declares acceptance of the customer's offer at the time when the customer triggers the payment process by clicking the button that concludes the ordering process.

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2.6 When submitting an offer via the Seller's online order form, the text of the contract will be stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent his order. The Seller shall not make the text of the contract accessible beyond this. If the customer has set up a user account in the seller's online store before sending his order, the order data will be archived on the seller's website and can be accessed free of charge by the customer via his password-protected user account by providing the relevant login data.

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2.7 Before bindingly placing the order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the magnification function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.

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2.8 Only the German language is available for the conclusion of the contract.

2.9 The order processing and contacting usually take place by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is accurate, so that at this address the e-mails sent by the seller can be received. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

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3) Right of withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 More detailed information on the right of withdrawal can be found in the seller's cancellation policy.

4) Prices and terms of payment

4.1 Unless otherwise stated in the product description of the seller, the prices quoted are total prices that include the statutory sales tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.

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4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

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4.3 The payment option(s) will be communicated to the customer in the seller's online store.

4.4 If prepayment by bank transfer is agreed, payment is due immediately after the conclusion of the contract, unless the parties have agreed on a later due date.

4.5 If a payment method offered via the payment service "Adyen" is selected, the payment will be processed via the payment service provider Adyen N.V., Simon Carmiggeltstraat 6-50, 1011 DJ, Amsterdam, the Netherlands (hereinafter: "Adyen"). The individual payment methods offered via Adyen are communicated to the Customer in the Seller's online store. For the processing of payments, Adyen may use the services of third party payment service providers, for which special payment conditions may apply, to which the customer may be informed separately. Further information on "Adyen" is available on the Internet at https://www.adyen.help/hc/de.

4.6 If the payment method purchase on account is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price is payable within 14 (fourteen) days from receipt of the invoice without deduction, unless otherwise agreed. The Seller reserves the right to offer the payment method purchase on account only up to a certain order volume and to refuse this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of a corresponding payment restriction in his payment information in the online store. The seller also reserves the right to carry out a credit check when selecting the payment method purchase on account and to reject this payment method in the event of a negative credit check.

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4.7 If the SEPA Direct Debit payment method is selected, the invoice amount shall be due for payment after a SEPA Direct Debit mandate has been issued, but not before expiry of the period for advance information. The direct debit is collected when the ordered goods leave the seller's warehouse, but not before the deadline for the pre-notification. Pre-notification is any communication (e.g. invoice, policy, contract) from the seller to the customer announcing a debit by SEPA direct debit. If the direct debit is not honored due to a lack of sufficient account coverage or due to the provision of incorrect bank details, or if the customer objects to the debit although he is not entitled to do so, the customer shall bear the fees incurred by the reversal of the respective credit institution if he is responsible for this. The seller reserves the right to carry out a credit check when selecting the payment method SEPA direct debit and to reject this payment method if the credit check is negative.

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5) Delivery and shipping terms

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5.1 If the seller offers to ship the goods, the delivery will be made within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. In the settlement of the transaction, the delivery address specified in the order processing of the seller is decisive.

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5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs for the Hinsendung if the customer effectively exercises his right of withdrawal. For the return costs applies in the case of effective exercise of the right of withdrawal by the customer, the provision made in this regard in the cancellation policy of the seller.

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5.3 If the customer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer as soon as the seller has delivered the goods to the carrier, the freight forwarder or any other person or institution designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall in principle pass to the customer only upon delivery of the goods to the customer or a person authorized to receive the goods. Deviating from this, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer, even in the case of consumers, as soon as the seller has delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment, if the customer has commissioned the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment to carry out the shipment and the seller has not previously named this person or institution to the customer.

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5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This shall only apply in the event that the Seller is not responsible for the non-delivery and the Seller has, with due diligence, concluded a specific covering transaction with the supplier. The Seller shall make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded without delay.

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5.5 Self-collection is not possible for logistical reasons.

6) Retention of title

6.1 In relation to consumers, the seller retains ownership of the delivered goods until full payment of the purchase price owed.

6.2 With respect to entrepreneurs, the seller retains ownership of the delivered goods until full settlement of all claims arising from an ongoing business relationship.

6.3 If the customer acts as an entrepreneur, he shall be entitled to resell the reserved goods in the ordinary course of business. The customer shall assign to the seller in advance all claims against third parties arising therefrom in the amount of the respective invoice value (including value added tax). This assignment shall apply regardless of whether the reserved goods have been resold without or after processing. The customer shall remain authorized to collect the claims even after the assignment. The authority of the seller to collect the claims himself remains unaffected. However, the seller will not collect the receivables as long as the customer meets his payment obligations to the seller, is not in default of payment and no application for the opening of insolvency proceedings has been filed.

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7) Liability for defects (warranty)

Unless otherwise provided for in the following provisions, the provisions of the statutory liability for defects shall apply. Deviating from this, the following applies to contracts for the delivery of goods:

7.1 If the customer acts as an entrepreneur,

  • the seller has the choice of the type of subsequent performance;
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  • for new goods, the limitation period for defects is one year from delivery of the goods;
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  • for used goods, the rights and claims due to defects are excluded;
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  • the limitation period does not begin again if a replacement delivery is made within the scope of liability for defects.

7.2 The above-regulated limitations of liability and shortening of time limits do not apply

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  • for claims for damages and reimbursement of expenses of the customer,
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  • for the case that the seller has fraudulently concealed the defect,
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  • for goods that have been used in accordance with their customary use for a building and have caused its defectiveness,
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  • for any existing obligation of the seller to provide updates for digital products, in the case of contracts for the supply of goods with digital elements.
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7.3 In addition, for entrepreneurs, the statutory limitation periods for any statutory right of recourse that may exist shall remain unaffected.

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7.4 If the customer acts as a merchant within the meaning of § 1 HGB (German Commercial Code), he shall be subject to the commercial duty of inspection and notification of defects pursuant to § 377 HGB. If the customer fails to comply with the notification obligations regulated therein, the goods shall be deemed to have been approved.

7.5 If the customer acts as a consumer, he is asked to complain about delivered goods with obvious transport damage to the delivery person and to inform the seller of this. If the customer does not comply with this, this has no effect on his statutory or contractual claims for defects.

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8) Liability

The seller is liable to the customer from all contractual, quasi-contractual and statutory, including tortious claims for damages and reimbursement of expenses as follows:

8.1 The Seller shall be liable without limitation for any legal reason

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  • in the event of intent or gross negligence,
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  • in case of intentional or negligent injury to life, body or health,
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  • because of a guarantee promise, unless otherwise regulated in this respect,
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  • on the basis of mandatory liability, such as under the Product Liability Act.

8.2 If the Seller negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless liability is unlimited pursuant to the preceding clause. Material contractual obligations are obligations which the contract imposes on the Seller according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the Customer may regularly rely.

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8.3 Otherwise, any liability of the seller is excluded.

8.4 The foregoing liability provisions shall also apply with regard to the Seller's liability for its vicarious agents and legal representatives.

9) Special conditions for the processing of goods according to certain specifications of the customer

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9.1 If, according to the content of the contract, the Seller owes, in addition to the delivery of the goods, also the processing of the goods according to certain specifications of the Customer, the Customer shall provide the Seller with all content required for the processing, such as texts, images or graphics in the file formats, formatting, image and file sizes specified by the Seller and shall grant the Seller the rights of use required for this purpose. The customer alone is responsible for the procurement and acquisition of rights to this content. The customer declares and assumes responsibility that he has the right to use the content provided to the seller. In particular, he shall ensure that no rights of third parties are infringed thereby, in particular copyrights, trademark rights and personal rights.

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9.2 The Customer shall indemnify the Seller against any claims of third parties which these may assert against the Seller in connection with an infringement of their rights by the contractual use of the Customer's content by the Seller. In this regard, the customer shall also assume the necessary costs of legal defense, including all court and attorney's fees in the statutory amount. This does not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obliged to provide the seller immediately, truthfully and completely with all information required for the examination of the claims and a defense.

9.3 The Seller reserves the right to refuse processing orders if the content provided by the Customer for this purpose violates statutory or official prohibitions or offends common decency. This shall apply in particular in the event of the provision of anti-constitutional, racist, xenophobic, discriminatory, offensive, youth-endangering and/or violence-glorifying content.

10) Redemption of promotional vouchers

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10.1 Vouchers that are issued free of charge by the seller as part of promotions with a specific period of validity and that cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online store and only during the specified period of time.

10.2 Individual products may be excluded from the voucher promotion, provided that a corresponding restriction results from the content of the promotional voucher.

10.3 Promotion vouchers can only be redeemed before the order process is completed. A subsequent offset is not possible.

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10.4 Only one promotional voucher can be redeemed per order.

10.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.

10.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller may be chosen to settle the difference.

10.7 The balance of a promotional voucher will not be paid out in cash or earn interest.

10.8 The promotional voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of his statutory right of withdrawal.

10.9 The promotional voucher is intended only for use by the person named on it. Transfer of the promotional voucher to third parties is excluded. The Seller is entitled, but not obliged, to verify the material eligibility of the respective Voucher Holder.

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11) Applicable law

The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. In the case of consumers, this choice of law shall apply only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.

12) Jurisdiction

If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the seller. If the customer has its registered office outside the territory of the Federal Republic of Germany, the seller's registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. However, in the above cases, the Seller shall in any case be entitled to invoke the court at the Customer's place of business.

13) Code of conduct

- The Seller has submitted to the conditions of participation for the eCommerce initiative "Fairness in Commerce", which can be viewed on the Internet at https://www.fairness-im-handel.de/teilnahmebedingungen/.

14) Alternative Dispute Resolution

14.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr

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This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.

14.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.



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