General terms and conditions
1.1 These General Terms and Conditions ("GTC") apply to purchase contracts concluded between hülsta-werke Hüls GmbH & Co. KG, Karl-Hüls-Str. 1, 48703 Stadtlohn, HRA 2612, represented by Dr. Thomas Knecht ("hülsta") and consumers within the meaning of § 13 of the German Civil Code (BGB) ("Customer") regarding the goods and products presented at shop.hulsta.com ("Online Store").
1.2 A consumer in the sense of § 13 BGB is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.
2. Customer registration and guest order
2.1 hülsta provides the technical systems required for the customer's registration. For the registration, the customer fills out the registration form provided on the hülsta website and transmits the included data to hülsta. The data required for registration must be provided by the customer completely and truthfully.
2.2 Upon registration, a user account for the online store is created for that customer under the email address provided by the customer with an associated password chosen by the customer. The customer is obliged to keep his password secret, not to disclose it to third parties and to protect it from unauthorised access by third parties.
2.3 The mere registration of the customer with hülsta is not associated with any further obligations. Customers are entitled to have their customer data and/or registration entries deleted by hülsta's customer service. The customer service can be reached under the following contact details:
hülsta-werke Hüls GmbH & Co. KG
Customer Service Online Shop
Tel.: +49 (0) 2563 86 0 (at local rates within the German landline network)
Monday to Friday 9am – 5pm as well as Saturday 10am – 5pm
The mere registration within the hülsta systems by the customer does not lead to any obligation to purchase with regard to the goods offered by hülsta.
2.4 The customer is responsible for updating his/her personal information/data. Changes can be made by the customer online in the login area of the website under "My account" or by telephone.
2.5 Orders can also be placed without customer registration as a guest order. In this case, the customer must re-enter his order data for each order. A customer registration in the sense of the above clauses does not take place. Mandatory information and information that is absolutely necessary for hülsta to process the customer's order will be identified as such. After entering the required mandatory information, the customer selects the desired shipping method and payment method. The customer will then receive an overview of his order, the final price and its contents.
2.6 Data communication via the Internet cannot be guaranteed to be always error-free and available according to the current state of technology. Therefore, hülsta is not liable for the constant and uninterrupted availability of the online store.
3. Conclusion of contract and order process
3.1 The presentation of hülsta's goods and products within the online store does not constitute a binding offer by hülsta. The customer can mark the desired goods and products without obligation by clicking the button [add to shopping cart]. These are then assigned to a "shopping cart", the contents of which are displayed to the customer. Selected products and goods can be removed from the shopping cart by clicking the button [remove] until the order is completed. By clicking the button [proceed to checkout], customers receive an overview of the contents of their shopping cart as well as the contents and the final price of their current order selection. By clicking the button [Order with obligation to pay], the customer completes the ordering process.
3.2 At the end of the ordering process, customers must also explicitly declare that these GTC have been made available to them, they agree with them and consent to the disclosure and use of their personal data for the purpose of checking their creditworthiness and/or credit standing. Customers make the above declarations by actively selecting the relevant control and confirmation fields (so-called checkboxes) before completing the ordering process. By completing this ordering process, customers make a binding offer within the meaning of § 145 BGB.
3.3 If a proper order has been sent to hülsta by the customer, the customer will receive an order confirmation by email (usually within a few minutes). hülsta will then check and process the customer's order. The order confirmation does not yet constitute a contract between the customer and hülsta (see clause 3.5).
3.4 The customer has the option to cancel orders free of charge until the dispatch and/or order confirmation is sent by hülsta. To cancel, the customer can contact the hülsta customer service under the following contact details:
Tel.: +49 (0) 2563 86 0 (at local rates within the German landline network)
Monday to Friday 9am – 5pm as well as Saturday 10am – 5pm
The customer’s right of revocation according to clause 9 remains unaffected.
3.5 hülsta can accept the customer's order by sending a separate order confirmation by email or by delivering the goods within 3 days. The contract between the customer and hülsta is only concluded with this order confirmation.
4. Prices and payment terms
4.1 The prices stated within the online store are final prices and include the statutory value added tax applicable in Germany. The purchase price is due upon confirmation of shipping and contract according to the following clauses relating to 4.2 to 4.6.
4.2 Invoices are issued and sent exclusively in electronic format by email. As a rule, the customer receives the invoice at the same time as the delivery of the ordered goods. As an exception, hülsta reserves the right to issue and send an invoice after delivery of the order.
4.3 In principle, hülsta accepts payment by PayPal, credit card and advance payment by bank transfer as means of payment. hülsta reserves the right to offer only certain methods of payment according to the respective creditworthiness of the customer. The data required for the method of payment selected by the customer will be requested by hülsta as mandatory data during the ordering process. hülsta uses the SSL transmission method to encrypt the customer's personal data.
4.4 When paying via PayPal, the customer uses an online payment service. This requires registration of the customer with PayPal. With the selection of the payment method PayPal, an automatic forwarding to the PayPal confirmation page takes place after providing the personal data. After providing the PayPal user data, the order is completed, and the customer's PayPal account is debited.
4.5 Only Mastercard and VISA credit cards are accepted for payment by credit card. When payment is made, a standard pre-authorisation check is carried out after the order has been received by hülsta in order to verify the sufficient creditworthiness of the credit card account. If the check is successful, the payment amount is reserved on the credit card account. The account (of the credit card) will be charged after order completion.
4.6 If the customer chooses the payment option "Payment in advance by bank transfer" and completes the order process in the online store, hülsta immediately transmits the details and necessary data required for the payment instruction or the order of payment of the advance amount to the customer.
5. Reminder, return debit note, late payment
5.1 In the event of a return debit note (due to lack of required coverage of the current account, due to expiration of the current account or unauthorised objection by the account holder), the customer is obliged to bear the costs incurred by hülsta as a result of the return debit note. We reserve the right to make further claims. In all other respects, statutory provisions shall apply.
5.2 If the customer does not meet due payment obligations to hülsta on time and is subsequently put into default by hülsta (e.g. by a reminder), or if the customer is already in default due to legal provisions, because he has not met due payment obligations on time, the customer is obliged to bear the costs and damages (such as reminder fees and collection) arising from the default. Further claims remain reserved. In all other respects, statutory provisions shall apply.
6. Set-off and retention right
6.1 The customer shall only be permitted to offset claims for payment by hülsta against claims that have been legally established, are ready for decision or are undisputed.
6.2 The customer may only assert retention rights insofar as these are based on the same contractual relationship with hülsta.
7. Retention of ownership
7.1 The goods remain the property of hülsta until payment has been made in full. During the period of retention of ownership, the customer shall treat the goods with care and prevent third parties from accessing the goods or damaging them. The customer is obliged to inform hülsta immediately of any change of location as well as any interventions by third parties.
7.2 Should the customer be in default of payment for more than 10 days, hülsta shall have the right to withdraw from the contract in accordance with the statutory provisions and to demand the return of the goods.
8. Terms of delivery and shipping
8.1 hülsta delivers the goods according to the agreements made with the customers in accordance with the selected shipping options. The respective final delivery lead times can be found in the item details listed in the online store on the item detail page and are additionally displayed in the "shopping cart" of the order.
8.2 The ordered goods and products are generally supplied as a complete delivery. As an exception, hülsta is entitled to make partial deliveries, insofar as this is reasonable for the customer. Additional costs arising from partial deliveries shall be borne by hülsta.
8.3 The shipping costs incurred are determined by the respective shipping options selected by the customer as well as the content and weight of the order. The shipping costs incurred are listed on the order overview page before the binding submission of the order and are listed separately by hülsta on the invoice.
9. Right of cancellation
The following right of cancellation applies:
Right of cancellation
You have the right to cancel this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods. In the case of a contract for multiple goods that have been ordered as part of a single order and which are delivered separately, the withdrawal period is fourteen days from the date on which you or a third party named by you, who is not the carrier, has taken or is in possession of the goods.
In order to exercise your right of cancellation, you must inform us (hülsta-werke GmbH & Co. KG, Karl-Hüls-Str. 1, D-48703 Stadtlohn, tel: +49 2563 - 86 0, email: firstname.lastname@example.org) about your decision to cancel this contract by means of a clear declaration (e.g. a letter sent by post, fax or email). For this purpose, you can use our sample cancellation form linked herewith, which is, however, not mandatory.
In order to comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.
Consequences of the cancellation
If you cancel this contract, we must refund 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 cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received notification of your cancellation 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; you will not be charged any fees because of this repayment. We can refuse the repayment until we have received the goods or until you have provided proof that you have returned the goods, whichever comes first.
You must return or hand over the goods to us immediately and in any case no later than within fourteen days from the day on which you notify us of the cancellation 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. If the goods, due to their nature, cannot be returned by normal post, the costs are estimated at a maximum of approximately 30 € If the goods, due to their nature, cannot be returned by normal post due to their nature and have been delivered to your home at the time of the conclusion of the contract, we will collect the goods at our expense. In this case, we cannot refuse repayment until receipt of the goods.
You are only liable for any loss in value of the goods, if this loss in value is due to handling of the goods that is not necessary for testing the quality, characteristics and functioning of the goods.
10.1 hülsta is not liable for simple negligence unless there is a breach of essential contractual obligations, the fulfilment of which is a prerequisite for the proper execution of the contract and upon the observance of which the customer regularly relies and may rely (cardinal obligations). In this case, hülsta's liability is limited to the damage that was foreseeable and typical of the contract at the conclusion of the contract.
10.2 The exclusions and limitations of liability in this clause shall not apply (i) to the extent that liability cannot be limited or excluded under applicable law, in particular in accordance with the Product Liability Act, (ii) in the event of intent or gross negligence, (iii) in the event of damage to health, life and limb, (iv) in the event of fraudulent intent, as well as (v) in the event of non-compliance with an agreed guarantee.
10.3 None of hülsta's obligations under this contract constitute a warranted quality or other guarantee. hülsta excludes any liability regardless of fault for defects already existing at the time of conclusion of the contract.
10.4 All exclusions and limitations of liability provided for in this clause shall also apply in favour of affiliated companies, board members, management, employees, authorised representatives, subcontractors, sub-suppliers and other auxiliary persons from hülsta.
11. Final clauses
11.1 Should individual clauses or parts of clauses of these GTC be or become invalid, this shall not affect the validity of the remaining provisions.
11.2 The law of the Federal Republic of Germany applies to the GTC and the entire legal relationship between the customer and hülsta, excluding the UN Convention on Contracts. If the customer is an ordinary resident in a member state of the EU, the customer also enjoys protection of the mandatory provisions of the law of the respective country of residence.
11.3 The European Commission provides a platform for online dispute resolution at https://ec.europa.eu/consumers/odr/. hülsta is not prepared or obliged to participate in an online dispute resolution procedure or any other dispute resolution procedure before a consumer arbitration board. hülsta is willing to clarify the customer's concerns in a direct exchange.
Edition: December 2021