- Scope
- Contracting parties, conclusion of contract, correction options
- Contract language, contract text storage
- Delivery conditions
- pay
- Right of withdrawal
- Warranty and guarantees
- Liability
- Agreement on the use of Trusted Shops Buyer Protection
- Dispute settlement 11. Final provisions
1. Scope
The following General Terms and Conditions apply to all orders placed through our online shop by consumers and businesses. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor independent professional. An entrepreneur is a natural or legal person, or a partnership with legal capacity, who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity. The following applies to businesses: If the entrepreneur uses conflicting or supplementary General Terms and Conditions, their validity is hereby contradicted; they will only become part of the contract if we have expressly agreed to them.
2. Contracting parties, conclusion of contract, correction options
The purchase contract is concluded with Helavo GmbH. By placing the products in the online shop, we make a binding offer to conclude a contract for these products. You can initially place our products in your shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided and explained during the ordering process. The contract is concluded when you accept the offer for the products in your shopping cart by clicking the order button. You will receive a confirmation email immediately after submitting your order.
3. Contract language, contract text storage
The language(s) available for concluding the contract are: German, English. We save the contract text and send you the order details and our General Terms and Conditions in text form. For security reasons, the contract text is no longer accessible online.
4. Delivery conditions
4.1 Delivery options
We ship the products to the delivery address specified during the ordering process.
We only ship by mail. Unfortunately, pickup is not possible.
We do not deliver to packing stations.
4.2 Delivery by freight forwarder
Make an appointment
In the case of freight forwarding deliveries, the freight forwarding company commissioned by us will contact you to arrange a delivery date.
Delivery location
Delivery of the goods is limited to transport of the goods to the door of the agreed delivery address. Delivery does not include delivery to specific premises or assembly and/or installation of the ordered goods, unless otherwise expressly agreed.
5. pay
The following payment methods are generally available in our shop.
credit card
During the ordering process, you enter your credit card details. Your card will be charged immediately after you place your order.
PayPal
To pay the invoice amount via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, authenticate yourself with your login details, and confirm the payment order. The payment transaction will be processed by PayPal immediately after you place your order. Further information will be provided during the ordering process.
PayPal may offer additional payment methods in the customer account to registered PayPal customers selected according to its own criteria. However, we have no influence on the availability of these methods; additional individually offered payment methods affect your legal relationship with PayPal. Further information on this can be found in your PayPal account.
Shopify Payments
Shopify International Limited, Victoria Buildings, 2nd Floor 1-2 Haddington Road Dublin 4, D04 XN32, Ireland
6. Right of withdrawal
Consumers are entitled to the statutory right of withdrawal, as described in the cancellation policy. Businesses are not granted a voluntary right of withdrawal.
7. Warranty and guarantees
7.1 Liability for defects
Unless expressly agreed otherwise below, the statutory liability for defects shall apply.
The following limitations and shortening of time limits do not apply to claims based on damages caused by us, our legal representatives or vicarious agents
- in case of injury to life, body or health
- in the event of intentional or grossly negligent breach of duty and fraudulent intent
- in the event of a breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligations)
- within the framework of a guarantee promise, if agreed, or
- insofar as the scope of application of the Product Liability Act is open.
Restrictions on entrepreneurs
With respect to businesses, only our own information and the manufacturer's product descriptions included in the contract are deemed to constitute an agreement regarding the quality of the goods; we assume no liability for public statements made by the manufacturer or other advertising statements. For businesses, the limitation period for claims for defects in newly manufactured items is one year from the transfer of risk. The previous sentence does not apply to an item that has been used for a building in accordance with its usual purpose and has caused its defectiveness.
The statutory limitation periods for recourse claims pursuant to Section 445a of the German Civil Code (BGB) remain unaffected.
Notice to merchants
Merchants are subject to the obligation to inspect and notify defects stipulated in Section 377 of the German Commercial Code (HGB). If you fail to provide the notification stipulated therein, the goods shall be deemed accepted, unless the defect was not detectable during inspection. This does not apply if we have fraudulently concealed a defect.
7.2 Guarantees and customer service
Information on any additional warranties that may apply and their exact terms and conditions can be found with the product and on special information pages in the online shop.
Customer service: You can contact our customer service for questions, complaints and objections by email at support@helavo-mobility.com
8. Liability
We are always liable without limitation for claims based on damages caused by us, our legal representatives or vicarious agents
- in case of injury to life, body or health,
- in the event of intentional or grossly negligent breach of duty,
- in the case of guarantee promises, if agreed, or
- insofar as the scope of application of the Product Liability Act is open.
In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligations), due to slight negligence on our part, our legal representatives, or our vicarious agents, liability is limited to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.
9. Agreement on the use of Trusted Shops Buyer Protection
You can protect orders placed with us free of charge up to an order value of 100 euros through Trusted Shops SE's Buyer Protection. Trusted Shops also offers paid protection in conjunction with a guarantor. The Trusted Shops Buyer Protection Terms and Conditions apply, which you can find here. Buyer Protection is activated by clicking the corresponding button on the so-called Trustcard, which appears as a pop-up on the order thank you page after you have placed an order. In order to offer you Buyer Protection, the Trustcard must access order data stored in your browser's cache. Access is only local, and no order data is transmitted to Trusted Shops until you actively opt in to Buyer Protection. Information on data protection at Trusted Shops is attached to the Buyer Protection Terms and Conditions linked above.
10. Dispute resolution
We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
11. Final provisions
If you are an entrepreneur, German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
Should individual clauses of these Terms and Conditions be invalid in whole or in part, the remainder of the contract shall remain valid. To the extent that individual clauses are invalid, the content of the contract shall be governed by the statutory provisions.