Organization
Shop/Products
Information according to § 5 TMG
Arthelps gGmbH.
Nikolausstraße 2
70190 Stuttgart
Represented by: Yasemin Lupo
CONTACT
Phone: +49 (0)711 50 47 37 70
e-mail: info@arthelps.de

1. PREAMBLE

The contract is concluded with the company: ARTHELPS gemeinnützige GmbH, represented by Yasemin Lupo. The following contractual terms and conditions apply to all contracts concluded between the seller and the respective buyer and are expressly recognized with the order.

2 CONDITIONS OF PURCHASE

The seller's offer of goods on the Internet does not constitute a binding offer to conclude a purchase contract, but an invitation to submit an offer. The Buyer may submit its purchase offer by telephone, in writing, by fax, by e-mail or via the ordering system integrated in the Seller's online store. When purchasing via the online store, the goods whose purchase is intended are placed in the virtual "shopping cart". Using the appropriate button on each page, the customer can access the "shopping cart" and make changes there. Then the buyer enters the personal data and selects the payment and shipping terms. Before the final submission of the purchase offer, the customer has the opportunity to review his information again, change or cancel the purchase. By sending the order via the button "Order with costs", "Order with payment" or "Buy", the customer submits a binding offer. The customer first receives an automatic e-mail about the receipt of his order. This confirmation of receipt does not yet lead to the conclusion of the contract.

. The acceptance of the offer (and thus the conclusion of the contract) takes place separately in each case, either by confirmation in text form, in which the processing of the order or delivery of the goods is confirmed to the buyer or by sending the goods.

. If the buyer has not received an order confirmation or notification of delivery or no goods within seven working days, he is no longer bound to the order. In this case, any services already rendered will be refunded immediately.

In the respective offers, prices are listed including VAT (if applicable). The prices represent final prices. They include all price components, including all applicable taxes.

Only in the case of cross-border delivery, further taxes (e.g. in the case of a purchase within the European Community) and/or duties (e.g. customs duties) may be payable by the buyer in individual cases, but not to the seller, but to the customs or tax authorities responsible there. In addition, the buyer has to pay shipping costs. These are not included in the purchase price. They are available on the page "Delivery and shipping costs" and are shown separately in the course of the ordering process.

. Contract language is exclusively German. The contract text (order data and terms and conditions) is stored by the seller. However, the storage is only limited or not accessible to the buyer. The buyer himself has to provide for a printout or a separate storage.

. All goods from our online store are subject to statutory warranty rights (see Section 9.).

3. retention of title and choice of law

The goods remain the property of the seller until full payment of the purchase price. German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods, but only to the extent that this does not deprive mandatory provisions of the law of the country in which the customer has his habitual residence.

4. limitation of liability

The Seller shall be liable without limitation for damages arising from injury to life, body or health, insofar as he fraudulently conceals a defect or has assumed a guarantee for the quality of the object of purchase, for damages caused intentionally and by gross negligence, for damages under the Product Liability Act and insofar as also prescribed by mandatory law.

. Insofar as material obligations under the contract are concerned, the breach of which jeopardizes the achievement of the purpose of the contract and on the observance of which the other contracting party could regularly rely, the Seller's liability in case of slight negligence is limited to the foreseeable damage typical for the contract.

In the event of a breach of immaterial contractual obligations, liability is excluded in the case of slightly negligent breaches of duty.

5. right of revocation

Consumers are entitled to a right of revocation according to the following provisions, whereby a consumer is any natural person who concludes a legal transaction for a purpose that can be attributed neither to his commercial nor to his independent professional activity:

. Cancellation policy

Right of withdrawal

You have the right to revoke this contract within fourteen days without giving any reason.

. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the last goods.

To exercise your right of withdrawal, you must notify us
. Company: ARTHELPS gemeinnützige GMBH
Represented by: Yasemin Lupo
Street number: Nikolausstraße 2
Postal code city: 70190 Stuttgart
Phone: +49 711 50 47 37 70
E-mail: info@arthelps.de

by means of a clear statement (eg a letter sent by mail, fax or e-mail) about your decision to revoke this contract. You can use the attached sample withdrawal form, which is not mandatory.

. To comply with the withdrawal period, it is sufficient that you send the notice of exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of revocation

If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.

. We may refuse to make a repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You shall return or hand over the goods to us without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.

. You shall bear the direct costs of returning the goods.

You must pay for any loss in value of the goods only if this loss in value is due to handling of the goods that is not necessary for testing the quality, characteristics and functionality of the goods.

Exceptions to the right of withdrawal:
Unless otherwise agreed by the parties, the right of withdrawal does not apply to the following contracts:
Contracts for the supply of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is relevant or which are clearly tailored to the personal needs of the consumer,

. Contracts for the supply of goods that can spoil quickly or whose expiration date would be quickly exceeded,

Contracts for the supply of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery,

Contracts for the supply of goods if these have been inseparably mixed with other goods after delivery due to their nature,

Contracts for the supply of alcoholic beverages, the price of which was agreed upon at the time of the conclusion of the contract, but which can be delivered at the earliest 30 days after the conclusion of the contract and the current value of which depends on fluctuations in the market over which the entrepreneur has no control,

Contracts for the supply of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery,

Contracts for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts,

Contracts for the supply of goods or for the provision of services, including financial services, the price of which depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur within the withdrawal period, in particular services relating to shares, to units in open-ended investment funds within the meaning of Section 1 (4) of the German Investment Code and to other tradable securities, foreign exchange, derivatives or money market instruments,

subject to sentence 2, contracts for the provision of services in the areas of accommodation for purposes other than residential purposes, the transport of goods, motor vehicle rental, the supply of food and beverages and the provision of other services in connection with leisure activities, if the contract provides for a specific date or period for the provision,

Contracts concluded under a form of marketing in which the entrepreneur offers goods or services to consumers who are present in person or to whom this opportunity is granted, in a transparent procedure conducted by the auctioneer and based on competitive bids, in which the winning bidder is obliged to purchase the goods or services (public auction),

Contracts where the consumer has expressly requested the trader to visit him in order to carry out urgent repair or maintenance work; this shall not apply with regard to other services provided during the visit which the consumer has not expressly requested, or with regard to such goods supplied during the visit which are not necessarily required as spare parts during the maintenance or repair,

Contracts for the provision of betting and lottery services, unless the consumer has made his contractual declaration by telephone or the contract was concluded away from business premises, and notarized contracts; this applies to distance contracts for financial services only if the notary confirms that the consumer's rights under Section 312d (2) have been preserved.

You can access and print out a sample revocation form at the following link: https://www.arthelps.de/en/pages/cancellation-notice

6. payment and shipping terms

Consumers are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify the seller and the carrier of any complaints as soon as possible. Your warranty claims remain unaffected.

7. transfer of risk

The risk of accidental loss and accidental deterioration of the purchased item shall pass to the Buyer who is not a consumer as soon as the Seller has delivered the item to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. § 447 Section (2) BGB remains unaffected.

8. Warranty

Consumers are entitled to the statutory right of liability for defects. If the customer is an entrepreneur, the warranty period is limited to one year for new goods and excluded for used goods. If the customer is not acting as a consumer, the seller shall fulfill warranty claims for defective new goods at his discretion by repair or replacement. If the customer is a consumer, the warranty period for used goods shall be limited to one year.

. The limitation of liability of paragraph 1 does not apply to grossly negligent or intentional damage caused by the seller due to injury to life, limb or health or due to the violation of essential contractual obligations, the fulfillment of which enable the proper execution of the contract in the first place and on whose compliance the contractual partner may regularly rely. The same shall apply to breaches of duty by vicarious agents.

. If the Buyer is not acting as a consumer, he is obliged to inspect the purchased goods immediately and with due care for deviations in quality and quantity and to notify the Seller in writing of any obvious defects within seven days of receipt; timely dispatch shall suffice to meet the deadline. The same shall apply to hidden defects discovered later from the time of discovery. Warranty claims shall be excluded in the event of a breach of the obligation to inspect the goods and to give notice of defects.

If the rectification of defects according to paragraph 1 sentence 2 fails twice, the Buyer may, at his option, demand a reduction or withdraw from the contract. In the event of rectification, the Buyer shall bear the increased costs arising from the fact that the goods were taken to a place other than the place of performance, provided that the transfer does not correspond to the intended use of the goods.

9. extended retention of title

The seller retains title to the goods vis-à-vis buyers who are not consumers until all claims arising from the current business relationship have been settled in full.

. Before the transfer of ownership of the goods subject to retention of title, the buyer who is not a consumer is not entitled to pledge or assign the item as security. He assigns all claims from the resale of goods to the seller, but remains authorized to collect the claim. The Seller accepts the assignment and reserves the right to collect the claim himself if the Buyer, who is not a consumer, fails to meet payment obligations in due time. If the reserved goods are combined and mixed, the Seller shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing. The Seller undertakes to release securities to which it is entitled at the request of the Buyer who is not acting as a consumer to the extent that the value of the securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released shall be incumbent upon the Seller.

10. online dispute resolution

The European Commission provides a platform for online dispute resolution (OS platform), which you can find at http://ec.europa.eu/consumers/odr/. We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

11. Place of performance, place of jurisdiction

If the Buyer is acting as a consumer and has no general place of jurisdiction in Germany or the EU or if the place of residence or habitual abode is unknown at the time the action is brought, the place of jurisdiction shall be the Seller's place of business. The right to also call upon the court at another legal place of jurisdiction remains unaffected by this.

(Status: 30.03.2020)