General Terms and Conditions of helmade.com / madeone GmbH
These General Terms and Conditions ("GTC") apply for contracts concluded between helmade.com / madeone GmbH, Gwinnerstrasse 36, 60388 Frankfurt am Main, HRB 103071, represented by its CEO Christian Möhring, ("helmade") and its customers using helmade.com online shop.
The customer must be of legal age. No deviating terms and conditions of the customer shall be recognised.
- The customer is a consumer if the goal of the order and services cannot be primarily allocated to its commercial or independent professional activities. In contrast, an enterpriser is every natural or legal entity or partnership with legal capacity which is concluding the contract as part of its commercial or independent professional activity.
- "Customized products" are those products which are not premanufactured but are tailor-made to the customer's wishes in accordance with their individual selection and/or specification using the configurator ("Design Now" button). The products are individually manufactured upon receipt of the order.
- "Non-customized products", however, are pre-manufactured products to which the customer cannot make any individual adjustments, but can select solely from specified parameters (e.g. size).
Product configuration / Conclusion of contract
- The customer can select from the products presented in the online shop. Customized products can be individually adapted using the configurator. Once the product is configured, the customer may place it in their shopping cart. The customer may also place non-customized products in their shopping cart immediately and either continue shopping or conclude the order process by going to the check-out.
- Pressing the "Buy" button places a binding purchase order for the goods in the shopping cart. Up to this point, the customer may change and view the data at all times. The order can only be placed and transmitted, however, if the customer explicitly accepted these GTCs and incorporated them in their order by clicking the button "I have read these General Terms and Conditions and accept them explicitly".
- helmade shall then send the customer an automatic confirmation of receipt to the e-mail address provided by the customer. This confirmation of receipt indicates only that the customer order has been received by helmade and does not represent an acceptance of the order. The contract does not take effect until helmade has issued the declaration of acceptance which is sent with a separate e-mail (order confirmation). helmade can also refuse an order, however, without providing a reason. The customer will be notified in this case as well.
- The text of the contract (consisting of the order, GTC, and order confirmation) shall be sent to the customer by helmade on a permanent data carrier (email or paper print-out) ("contract confirmation"). The text of the contract shall be saved in compliance with data protection.
- The following language is available for concluding the contract: English.
Creation of a customer profile
- The customer can register with helmade by creating a customer profile and storing such information as their billing and delivery addresses. This saves the customer the need to re-enter all of their data with each additional order. If the customer does not wish to do this, they may also place their order as a "Guest" without prior registration.
- The customer must provide the requested data completely and truthfully to create a customer profile. They must also choose a secure password which includes both capital and small letters and digits and special characters. The customer must keep the password secret and should change it at regular intervals.
- The customer must specify both their email address and password to log on using their customer profile.
- The helmade GTCs also apply for every order placed by registered customers in the version which is valid at the time of the order.
Instructions concerning the right of withdrawal regarding customized products
In accordance with § 312g Para. 2 No. 1 BGB (German Civil Code) the customer has no statutory right of withdrawal for customized products.
Instructions concerning the right of withdrawal regarding non-customized products
A customer who is a consumer shall be granted a right to revocation for noncustomized products in accordance with § 312g Para. 1 BGB, about which the customer shall be informed in the following. A sample notice of revocation can be found at the end of these GTCs.
Instructions on withdrawal
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right of withdrawal, you must inform us (helmade GmbH, Grüneburgweg 106, 60323 Frankfurt am Main; Telephone: +49 (0)69 20736601, Email: email@example.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
You will have to bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Delivery & Availability
- Customized products are individually produced for the customer by order. Due to the production times, however, the delivery generally requires three to five weeks from the date of order confirmation. The concrete delivery time will also be separately reported to the customer and later confirmed again in the order process before the contract declaration is submitted.
- If an ordered product is not available, then helmade can withdraw from contracts already concluded if helmade notifies the customer about the non-availability immediately and returns any payments already made without undue delay.
- The following delivery restrictions apply: helmade generally delivers only to customers whose usual residence (billing address) is in one of the following countries and who have provided a delivery address in the same country: Member states of the European Union and Switzerland.
- The customer is requested to first contact the customer service at firstname.lastname@example.org with any questions about deliveries to other countries before placing their order.
Prices & Shipping costs
- All of the prices at helmade.com for Euopean countries include VAT. For countries outside of Europe all of the prices exclude VAT.
- The corresponding shipping costs will be indicated to the customer during the order process and again in the order confirmation. The goods are shipped by postal service. The shipping risk is born by helmade if the customer is a consumer. A shipment to a foreign country can result in additional customs or import duties and/or taxes which the customer must pay. The customer theirself is required to ensure the proper import and customs clearance of the products.
- The customer must pay the direct costs of return shipping in the case the customer withdraws from the contract.
Terms of payment
helmade accepts the following modes of payment: Credit card (Master and Visa), Paypal and Sofortüberweisung. The purchase price is due upon conclusion of the contract. The means of payment specified by the customer will be debited immediately upon conclusion of the contract.
Retention of title
The delivered goods remain the property of helmade until they have been paid in full.
Warranty claims / Manufacturer guarantee
- helmade shall be liable for defects in accordance with the legal regulations, in particular §§ 434 ff. BGB. helmade's warranty for its products delivered to enterprisers is 12 months.
- helmade shall only provide an additional warranty if this was expressly indicated in the order confirmation for the item in question.
- Certain manufacturers grant separate manufacturer guarantees for their products, which, however, depend on the specific conditions of each manufacturer. The manufacturer guarantee might become invalid for certain manufacturers if the product has been painted or subsequently processed in any other way. The customer should therefore obtain information from the respective manufacture about its warranty provisions in advance. helmade's statutory liability for defects as the seller shall not be affected by this.
- No other customer claims to compensation for damages shall be recognised beyond the scope of the warranty claims (see Art. 10). This provision excludes customer claims to compensation resulting from loss of life, bodily injury, health damage, or the violation of essential contractual duties (cardinal duties) and liability for other damages attributed to intentional or gross negligence by helmade, its legal representatives, or it assistants. Essential contractual duties are those which must be fulfilled to achieve the goal of the contract.
- If essential contractual duties are violated, then helmade shall be liable solely for foreseeable damages typical for the contract if they were caused by simple negligence, unless the customer claims to compensation have resulted from loss of life, bodily injury, or health damage.
- The above restrictions also apply to the benefit of helmade's legal representatives and assistants.
- The Product Liability Act shall not be affected by this.
This contract shall be governed by German law with the exception of the UN Sales Convention. The legal provisions for restricting the choice of law and for the applicability of the mandatory regulations, specifically those of the state in which the customer as a consumer resides, shall not be affected by this.
Model withdrawal form
- (If you would like to withdraw from the contract, please fill out this form and send it back to us.)
- To: helmade GmbH, Grüneburgweg 106, 60323 Frankfurt am Main; E-Mail: email@example.com:
- I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for 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) (only if this form is notified on paper)
- (*) Delete as appropriate.