GTC

General Terms and Conditions for purchases in the online shop at www.held.de

§ 1 General, scope of application

1.1 All deliveries and services shall be provided exclusively on the basis of the following General Terms and Conditions (hereinafter referred to as "GTC") in the version valid at the time of the order. Unless expressly agreed in writing, deviating terms and conditions shall not apply.

1.2 The contractual partner is Held GmbH, An der Ostrach 7, D-87545 Burgberg-Erzflöße, Germany, Tel.: +49 (08321) 66 46-0, Fax: +49 (08321) 66 46-17, E-mail: online-shop@held.de (hereinafter "Seller").

1.3 Customers within the meaning of these Terms and Conditions may be both consumers and entrepreneurs (hereinafter referred to as "customers"). Consumers in the sense of the Terms and Conditions are natural persons who conclude contracts for a purpose which cannot be attributed to their commercial or professional activity. Entrepreneurs within the meaning of the Terms and Conditions are natural persons or legal entities or partnerships who act in the exercise of their commercial or self-employed professional activity when concluding a contract with the seller.

§ 2 Formation and conclusion of the contract

2.1 Our offer is binding. By placing your order, you accept our offer to conclude a contract. The contract comes into effect when your order is sent to us. You will receive an order confirmation by e-mail.

2.2 Once you have found the desired product, you can take a closer look at it without obligation by clicking on the product name or the product image. By clicking the button [Add to cart] you can put the item into the shopping cart. You can view the contents of the shopping cart at any time without obligation by clicking on the [shopping cart] graphic. You can make changes by clicking the button [Edit shopping cart]. Then you can delete the products from the shopping cart by clicking the [X] button. You can also make changes to the quantity selection.

You are also able to redeem vouchers here. For this you must check the box [ ] "I have a voucher" and then enter your voucher code in the "Enter voucher code" field and then press the [>] button. Your voucher will then be directly deducted from the value of the shopping cart.

If you want to buy the products in your shopping cart, click on the [Checkout] button on the "Shopping cart” page.

In the next stage of the order process you can create a customer account with us if it is your first purchase or continue shopping without registration as a guest. In this case check the box [ ] "Don’t create customer account".

Then select the payment and shipping method. In the last step, "Check and Order", you will receive an overview of your order data in the "Checkout" again and can check all details again and delete them using the [X] or change them by entering the quantity. You can also correct input errors by navigating backwards in the browser or by cancelling the order process and starting again. To complete the purchase, you must accept our general Terms and Conditions and press the button [Order by payment]. This transfers the order to us.

§ 3 Storage of the contract text

We store your order and the order data entered. We will send you an acknowledgement and confirmation of the order with all order data by e-mail. You may also print out both the order and the General Terms and Conditions before sending the order to us. Lastly, you can access the orders you have placed via your customer account at any time.

§ 4 Right to cancellation for consumers

The following right to cancellation only applies to consumers in distance sales:

Cancellation policy

Right to cancellation

You have the right to cancel this contract within fourteen days without giving reasons.

The cancellation period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, took possession of the goods.

In order to exercise your right to cancellation, you must inform us (Held GmbH, An der Ostrach 7, 87545 Burgberg-Erzflöße, Germany, Tel: +49 (08321) 66 46-0, Fax: +49 (08321) 66 46-17, E-mail: online-shop@held.de) by means of a clear statement (e.g. a letter sent by post or e-mail) of your decision to cancel this contract. You can use the attached template cancellation form; however, this is not mandatory.

In order to comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right to cancellation before the end of the cancellation period.

Consequences of cancellation

If you cancel this contract, we shall reimburse you for all payments we have received from you, including delivery charges (excluding any additional costs resulting from your choosing a different method of delivery from the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the date on which we receive notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. We may refuse a refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the end of the fourteen-day period. You bear the direct costs of returning the goods.

You shall only be liable for any depreciation of the goods if this depreciation is due to handling of the goods beyond what is necessary for testing the nature, properties and functioning of the goods.

§ 5 Template cancellation form

(If you want to cancel the contract, please fill out this form and send it back).

To Held GmbH
An der Ostrach 7
87545 Burgberg-Erzflöße,
Germany
Fax: +49 (08321) 66 46-17
E-mail: online-shop@held.de

I/we (*) hereby revoke the contract concluded by me/us (*) for

the purchase of the following goods (*)/the provision of the following service (*)

ordered on (*)/received on (*)

Name of the consumer(s)

Address of the consumer(s)

Signature of the consumer(s) (for paper communication only)

Date
(*) Delete as applicable.

§ 6 Prices and shipping costs

6.1 All prices include the legal value-added tax plus shipping costs. We deliver with DHL, DPD or another provider of our choice.

6.2 The shipping costs are calculated as follows:

6.2.1 Shipping within Germany:
•    Flat-rate delivery charge: €4.95
•    Free shipping: for orders with a value of €250 or more
6.2.2 Shipping to Austria
•    Flat-rate delivery charge: €6.95
•    Free shipping: for orders with a value of €250 or more
6.2.3 Shipping to Luxembourg
•    Flat-rate delivery charge: €7.00
•    Free shipping: for orders with a value of €250 or more

§ 7 Terms of delivery

7.1 We deliver exclusively within Germany, Austria and Luxembourg.

7.2. If you have chosen to pay in advance by bank transfer, we will deliver within 5 days of receipt of payment, unless otherwise stated in the offer. In all other respects, unless otherwise stated in the offer, the goods will be delivered within 7 days of the order confirmation being sent.

§ 8 Terms of payment

8.1 Payment can be made either in advance by bank transfer, immediate transfer (Sofortüberweisung), PayPal or credit card (we accept VISA, Master Card and American Express).

We reserve the right to exclude individual payment methods. If you choose the prepayment method, we will give you our bank details in the order confirmation. The invoice amount is to be transferred to our account within 10 days. When paying by immediate transfer (Sofortüberweisung) or PayPal you will be redirected directly from the order process to the payment pages to make the transfer. If you pay by credit card, your credit card will only be charged when the goods are shipped to you.

8.2 In the case of consumers, we reserve ownership of the purchased item until the invoice amount has been paid in full. If you are an entrepreneur in the exercise of your commercial or self-employed professional activity, a legal entity under public law or a special fund under public law, we reserve ownership of the purchased item until all outstanding claims from the business relationship with the purchaser have been settled. The corresponding security rights are transferable to third parties.

8.3 If you are a consumer, interest on the purchase price shall be charged at 5% points above the basic interest rate for any delay of payment for the duration of the delay. If you are not a consumer, the interest rate during the delay of payment is 9% points above the basic interest rate. In addition, we are entitled to claim a lump-sum compensation of €40 from entrepreneurs in case of delayed payment. We reserve the right to prove and assert a higher damage caused by delay.

§ 9 Warranty and liability

The warranty and our liability are subject to the statutory provisions.

§ 10 Customer service

If you have any questions, complaints or claims, you can reach our customer service Monday to Friday from 9:00 a.m. to 5:00 p.m. on +49 (08321) 66 46-0 or by e-mail: online-shop@held.de. You can also contact us via our contact form.

§ 11 Legal system, place of jurisdiction

11.1 German law shall apply, with the exception of the United Nations Convention on Contracts for the International Sale of Goods.

11.2 In the case of customers who conclude the contract for a purpose that cannot be attributed to professional or commercial activities (consumers), this choice of law does not affect the mandatory provisions of the law of the country in which the customer has their habitual residence.

11.3 For all disputes arising from the contractual relationship, if the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction shall be the location of our company’s registered office in Burgberg-Erzflöße, Germany.

§ 12 Miscellaneous

13.1 The contractual language is German.

12.2 If one or more provisions of these GTC are ineffective, the remainder of the contract shall continue to be effective. Insofar as the provisions are invalid, the content of the contract shall be governed according to legal regulations.


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