General Terms and Conditions
For private customers
§ 1 Scope
For the business relationship between Helping Band, Benedikt Böhm, Heinrich-Kröllerstr. 17, 81545 Munich, CEO Benedikt Böhm (hereinafter referred to as Helping Band) and the purchaser, the following General Terms and Conditions apply exclusively. Helping Hand does not acknowledge any deviating conditions of the purchaser, unless Helping Band has explicitly consented to their validity in writing.
§ 2 Conclusion of the contract
You place an order in the Helping Band shop. Helping Band is responsible for processing orders as well as properly shipping the merchandise and acts as your contact in case of any questions, complaints or potential returns. Your contractual partner is Helping Band. When you place an order with Helping Band, we will send you an email that confirms our receipt of your order and lists its details. Your order acts as an offer for us to conclude a purchase agreement. We accept this offer when we notify you via email that we have sent the merchandise. Products in one and the same order that are not listed in the shipping confirmation email are not subject to a purchasing agreement.
The legal bases for the execution of an agreement are Art. 6 para. 1(a) EU GDPR; and for direct marketing, Art. 6 1(f) EU GDPR.
§ 3 Withdrawal
The purchaser may withdraw from the agreement in writing (also via email) within two weeks after having received the merchandise. Please note that Helping Band may retain a reduction in value resulting from the use of the item.
If Helping Band has directly or indirectly remunerated the purchase of merchandise with additional services, e.g. a bonus gift, and this merchandise is returned, the customer shall reimburse Helping Band its monetary equivalent. Helping Band automatically offsets this value by refunding the customer, if possible.
The right to cancellation is deemed void if the purchaser has opened the merchandise (i.e. the band has been removed from the carrier card) or if the merchandise is no longer in its original condition.
Purchase of merchandise and items from Helping Band that have not been ordered via the online shop at www.helpingband.com cannot be refunded through the online shop. Please contact the respective dealer or supplier in this regard.
§ 4 Shipping
Unless otherwise agreed, delivery is carried out from the warehouse to the shipping address specified by the purchaser.
If Helping Band's supplier does not supply Helping Band with the ordered merchandise despite there existing a contractual obligation, HelpingBand is entitled to withdraw from the agreement. In this case the purchaser shall be informed without delay that the ordered product is not available. Any costs already paid shall be refunded immediately.
§ 5 Digital Invoicing
Invoicing is carried out electronically. Helping Band also has the right to alternatively send invoices by mail.
§ 6 Due Date and Payment, Arrears
The purchaser may pay the purchase price in advance or by direct debit. If the purchaser is in arrears with regards to the payment, Helping Band is entitled to charge interest on those arrears at a rate of 5% more than the base rate per annum listed by the European Central Bank. If Helping Band can prove that additional damages caused by the delay have occurred, Helping Band is entitled to assert a claim for these damages. This applies to prepayment and direct debit payment methods, as well as any costs incurred by Helping Band due to a delay in payment. Prices are subject to change. The purchaser is responsible for any additional charges (e.g. customs duties).
§ 7 Compensation, Retention
The purchaser is only entitled to compensation if his or her counterclaims have been legally established or acknowledged by Helping Band. Furthermore, the purchaser is only entitled to exercise a right of retention to the extent that his or her counterclaim is based on the same contractual relationship.
§ 8 Retention of Title
The delivered merchandise remains the property of Helping Band until full payment has been received.
§ 9 Liability for Defects
If the purchased item is defective, the purchaser may demand subsequent action (rectification of defects or delivery of a replacement). If the subsequent action fails and the issue is not merely a minor defect, the purchaser may withdraw from the contractual agreement, reduce the purchase price, or assert claims for damages
As a general rule, with regards to items consisting of multiple objects, such as bundles of multiple bands, only the item in question shall be considered defective, exlcuding all the objects delivered with it.
Unless something to the contrary is stipulated below, further claims by the purchaser, regardless of the legal grounds, are excluded. Therefore, Helping Band is not liable for damages other than damage to the delivered item itself; in particular, Helping Band is not liable for loss of profit or for other financial losses caused. Insofar as the liability of Helping Band is excluded or limited, this also applies to the personal liability of employees, representatives, and vicarious agents.
The aforementioned limitation of liability does not apply if damage is caused with intent or by gross negligence or in the event of personal injury. Furthermore, it does not apply if the purchaser asserts claims under Sections 1, 4 of the German Product Liability Act (Produkthaftungsgesetz).
If Helping Band negligently breaches a material contractual obligation, liability to pay compensation for damage to property is limited to typically occuring damage.
The limitation period is twenty-four months, calculated from the date of delivery.
§ 11 Applicable Law
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
Complaint procedure via online dispute resolution for consumers (OS): http://ec.europa.eu/consumers/odr/
We are neither willing nor required to participate in a dispute resolution procedure before a consumer arbitration board.
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