Terms and Conditions Helios e.K., Wiesbaden

 

Our terms and conditions are exclusive. Any terms and conditions deviating from this agreement are non-valid.

2. Conclusion of contract

(1) Your order represents an offer to us to conclude a purchase agreement. The contract becomes binding once you have received a written confirmation for the order. No purchase agreement can exist for products within one order which have not been listed in the written order confirmation.

3. Returns policy

(1) You may return the goods received without stating a reason within two weeks of purchase by return shipment. This approval period begins after receiving this notice in text form (i.e. as a letter, fax or e-mail), however not before the customer’s receipt of goods or before fulfilment of our information obligations according to section 312c sub-section 2 of the BGB (German Civil Code) in connection with Part 1 Sections 1, 2 and 4 BGB-InfoV (informational obligations in consumer contracts) as well as our obligations according to section 312e sub-section 1 paragraph 1 of the BGB relating to section 3 BGB-InfoV. To meet the terms and conditions of return, the goods must be returned on time. Return of goods takes place at our cost and risk. The goods should be returned to: Helios e.K., Begasweg 3, D - 65195 Wiesbaden.

(2) Helios e.K. retains the right to claim payment for reduced value or for the value of goods used in the case of used or damaged goods, as long as any damage to the goods has not been caused by inspection.

(3) For a sundial which has been specially manufactured for a customer for a specific location, no right of sale or return is valid according to section 312 d sub-section 3 BGB, since it cannot be used by any other customer.

4. Guarantee

(1) We issue a guarantee for material or manufacturing faults for all our products, as well as a guarantee on corrosive protection. You can find details on the length of the guarantee, which is valid from the point of delivery.

(2) The guarantee on material and manufacturing faults covers a refund of costs for all replacement parts required and any labour cost resulting from the exchange or repair of faulty parts, insofar as Helios e.K. has acknowledged a fault in material or manufacture.

(3) The corrosion guarantee covers all parts which become defective as a result of rusting or structural damage due to corrosion. Within the scope of this guarantee, Helios e.K. undertakes to repair free of charge all parts which according to Helios e.K. have become defective as a result of rust or structural damage due to corrosion.

(4) The guarantee is only valid on condition that the product is used for the purpose for which it was designed and that the product has been handled as described in the product manual supplied by the manufacturer. The guarantee does not cover damage which should be covered by the purchaser, for example for damage caused by inappropriate treatment. The guarantee does not cover damage caused by natural disasters.

5. Title and transfer of risk

(1) The goods remain the property of Helios e.K. until all contractual obligations are fulfilled. Installation of the goods does not constitute acquisition of ownership.

(2) The purchaser undertakes to protect the seller’s property when the goods delivered are not destined directly for his own purposes, but instead for a third party. He is obligated to inform the final customer of this retention of title.

(3) If the purchaser’s goods are sent to him, the risk of accidental perishing or accidental damage of the goods is transferred to the purchaser. This occurs independently of whether the dispatch of the goods takes place from the place of delivery or who covers the freight costs.

6. Applicable Law, Place of Execution, Jurisdiction

(1) This contract is subject to the laws of the Federal Republic of Germany.

(2) The registered office of Helios e.K. in Wiesbaden is place of execution for all rights and obligations of either party.

(3) Place of jurisdiction for all obligations arising from this contract with business partners is Wiesbaden.

7. Final provision

Should one of the stipulations mentioned previously prove to be ineffective, the remaining provisions of the contract remain be legal and binding. The contractual partners agree that, in place of the ineffective provision, a regulation will be valid which comes closest to the invalid ruling in a business sense and is legally applicable.