General terms and conditions of our online shop
Section 1 – Applicability, Definition of Terms
(1) Brauerei Heller GmbH, Roonstrasse 33, 50674 Cologne, Germany (hereinafter: “we” or “Hellers Shop Cologne”) operates an online shop for goods at https://www.hellers.koeln. The following General Terms and Conditions of Business apply to all services between ourselves and our customers (hereinafter: “customer” or “you”) in the version applicable at the time when the order is placed, unless explicitly agreed otherwise.
(2) A “consumer” within the meaning of these General Terms and Conditions of Business is any natural person undertaking a legal transaction for purposes that cannot predominantly be attributed to either their commercial occupation or their professional freelance activities. An “entrepreneur” is any natural or legal person or partnership with legal capacity performing their commercial occupation or their professional freelance activities at the time of undertaking a legal transaction, whereby a partnership with legal capacity denotes a partnership with the capacity to acquire rights and incur liabilities.
Section 2 – Conclusion of the contracts, saving of the contract text
(1) The following provisions regarding contract conclusion apply to orders placed via our online shop at https://www.hellers.koeln.
(2) Our online product presentations are non-binding and do not constitute a binding offer for conclusion of a contract.
(3) The following provisions apply when an order is placed at our online shop: The customer submits a binding contractual offer by successfully completing the order process specified for our online shop. The order process comprises the following steps:
- Selecting the desired goods,
- Adding the products by clicking on the respective button (e.g. “Add to cart”, “Add to basket” or the like),
- Verifying the contents of the shopping cart,
- Calling up the order summary by clicking on the respective button (e.g. “Continue to checkout“, “Continue to payment”, “Go to order summary”, or the like),
- Entering/verifying the address and contact details, choosing a payment method, acknowledging the T&Cs and the cancellation policy, and
- Completing the order process by clicking on the button “Buy now”. This constitutes your binding order.
- The contract takes effect when you receive our order confirmation at the specified email address (within three working days).
(4) The contract is concluded with Brauerei Heller GmbH, Roonstrasse 33, 50674 Cologne, Germany.
(5) You can print the contract details via the print function of your browser, or save this data to your system before placing the order. The order is processed, and all the information required to conclude the contract – notably the order details, the T&Cs and the cancellation policy – is communicated via email, in part automatically, after you trigger the order. We do not save the contract text following conclusion of the contract.
(6) Input errors can be corrected using the customary keyboard, mouse and browser functions (e.g. the browser’s “back” button). They can also be corrected by prematurely aborting the order process and by closing the browser window and repeating the process.
(7) The order is processed, and all the information required to conclude the contract is communicated via email, in part automatically. You must therefore ensure that the email address saved in our system is correct and that you are technologically able to receive the emails sent to this account; in particular, SPAM filters should not prevent these emails from arriving in your inbox.
Section 3 – Subject matter of the contract and essential product characteristics
(1) At our online shop, the subject matter of the contract is:
- the sale of goods. Please consult our item pages for details of the specific items on offer.
(2) The item description contains details of the product’s essential characteristics.
(3) The restrictions apparent from the product description or otherwise resulting from the circumstances, in particular in respect of hardware and software requirements for the target environment, apply to the sale of digital products. Unless explicitly agreed otherwise, the subject matter of the contract is solely the private or commercial use of the products without any re-selling or sub-licensing rights.
Section 4 – Prices, shipping costs and delivery
(1) The prices shown for the various articles and the shipping costs are inclusive of all pricing components and all payable taxes.
(2) The respective purchase price must be paid before product delivery (advance payment), unless we expressly offer a purchase-on-account option. The payment methods available to you are shown in the online shop under the corresponding button, or in the respective article details. Unless specified otherwise for individual means of payment, payment entitlements are payable immediately.
(3) In addition to the prices shown, shipping costs may be incurred for the delivery of products, unless the respective article is shown as coming with free shipping. Clear details of shipping costs are given in the articles and/or in the shopping cart system and the order overview.
(4) Unless otherwise specified clearly in the product description, all products shown are ready for dispatch immediately (delivery time: 2-4 days after receipt of payment).
The following geographic restrictions apply: We deliver to the following countries: Germany.
Section 5 – Right of retention, retention of title
(1) You may exercise a right of retention only in respect of claims arising from the same contractual relationship.
(2) We will retain possession of the goods until the purchase price has been paid in full.
Section 6 – Right of cancellation
As a consumer, you have a right of cancellation in accordance with our cancellation policy.
Section 7 – Liability
(1) Notwithstanding the exceptions listed below, our liability for breaches of contract and unlawful acts is limited to intent or gross negligence.
(2) We assume unlimited liability in cases of minor negligence in the event of injury to life, limb or health, or the breach of a material contractual obligation. If our service is delayed due to minor negligence, if rendering the service has become impossible, or if we are in breach of a material contractual obligation, liability for the consequential property and financial loss is limited to foreseeable damage typical for this type of contract. A material contractual obligation is an obligation with which compliance is essential for proper execution of the contract, the breach of which would jeopardise the purpose of the contract, and on the observance of which you can routinely rely. It includes, in particular, our duty to act and to discharge our contractual obligations as described under section 3.
Section 8 – Contractual language
German is the only contractual language available.
Section 9 – Warranty
(1) The warranty is based on statutory requirements.
(2) The provisions of the UN Sales Convention are expressly excluded.
(3) As a consumer, you are requested to check the articles/digital goods or the service rendered on performance of the contract immediately for completeness, apparent defects and transport damage, and to notify us and the carrier of any complaints as quickly as possible. Failure to do so will, of course, not affect your statutory warranty claims.
Section 10 – Concluding provisions, dispute resolution
(1) German law applies. In the case of consumers, this choice of law only applies insofar as the protection provided by the mandatory provisions of the law of the state of the consumer’s habitual residence is not withdrawn (principle of favourability).
(2) Die Bestimmungen des UN-Kaufrechts finden ausdrücklich keine Anwendung.
(3) If the customer is a businessman, a legal entity under public law, or a separate estate under public law, the place of jurisdiction for all legal disputes arising from the legal relationship between the customer and the provider is the domicile of the provider.
(4) The European Commission provides a platform for online dispute resolution that can be found under https://ec.europa.eu/consumers/odr. We are neither obliged nor prepared to participate in a dispute resolution procedure before a consumer arbitration board.