General Terms and Conditions

General Terms and Conditions hellogreen GmbH towards consumers – Online Shop

Sec. 1 Applicability,, Contract Language

(1) The following general Terms and Conditions (GTC) also in its from time to time modified actual version as amended at the time the order is placed see under https://www.bee-goodies.de/en/gtc/ apply to all contracts concluded between you and us, the company hellogreen GmbH, represented by the managing directors Dunja Kremkus & Maike Palm, Schulstraße 18, 25469 Halstenbek (address, Pinneberg Local Court, HRB 1437 PI, VAT ID number DE 324 688 138) Klick: https://www.bee-goodies.de/en/site-notice/) (in the following: „hellogreen“) via this online shop. Also applicable for Online-order (by email) under www.bee-goodies.de.

(2) The exclusive language available for the conclusion of the contract shall be German. Translations of these GTC to other languages are for information only. In the event of contradictions between the German text and the translations, the German text shall prevail.

Sec. 2 Applicable Law, Mandatory Consumer Protection Regulations

For consumer the law of the Federal Republic of Germany shall apply excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG), if

(a) your abode is in Germany, or

(b) your abode is situated in a state not being member of the European Union.
In the event that your abode is in a member state of the European Union, German law applies provided this stipulation is not in conflict with mandatory rules of the state in which your abode is situated. Such rules shall remain unaffected.

(2) If the buyer is a merchant, a legal entity under public law, or a special fund under public law, Pinneberg, Germany, shall be the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. This shall also apply if the customer has no residence within the EU.

Sec. 3 Conclusion of contract; term of subscription agreements

(1) The presentation of the products and if applicable services in our online shop does not constitute a legally binding offer, but merely an invitation to place orders (invitatio ad offerendum).

(2) By clicking „Buy now“ in the last step of the order process, you submit a binding offer for purchase of the goods displayed in the order overview and/or for booking of the services listed in the order overview. Immediately after submitting the order, you will receive an order confirmation, which however does not yet constitute the acceptance of your contract offer. A contract comes into existence between you and us as soon as we accept your order and/or booking by means of a separate email or dispatch the goods. Please regularly check the spam folder of your mailbox.

(3) In our online shop, you can select products for purchase and/or services for booking by placing them in the shopping cart via a click on the respective button. To finish the order, go to the shopping cart, from where you will be guided through the remaining part of the order process. Following the product selection in the shopping cart and the specification of all required order and address data in the subsequent step, you can click „Next“ to access a page that summarises the most important product details including the costs that will be incurred. Until this stage, you can correct your input or decide not to enter the contract. Only by subsequently clicking the „Order with obligation to pay“ to button, you place a binding order in the meaning of subsection (2).

Sec. 4 Information on Adjustments

To place an order, start by placing the desired goods and/or services in the shopping cart. There you may modify at any time the desired quantity or delete goods and services completely. If you have placed goods and services in the shopping cart, by clicking on the buttons „Next“ you will get first to a website where you may enter your data and then you may choose the shipping and payment method. You can review your input on the overview page that will open up. To correct input errors (e.g. with respect to the payment method, data or quantity), click „Edit“ next to the respective field. To cancel the order process, you can simply close your browser window. By clicking the confirmation button „Pay now“, your declaration becomes binding in the meaning of section 3 (2) of these GTC.

Sec. 5 Storage of the contract text

You will receive the contractual provisions together with information on the goods ordered and/or services booked including these GTC and the information on the right of withdrawal by email upon acceptance of the contract offer or together with the notification thereof. We do not store the contractual provisions for you.

Sec. 6 Collecting, saving and processsing of your personal data

(1) In our online shop you may order goods or if applicable services as a guest or after opening a customer account. With a returning customer account you must not enter your personal data every time you use our online shop but you may log on to your customer account with your e-mail address and your password before or during the order process.

(2) In order to process your order we need the following data:

  • your first and family name
  • your email address
  • your postal address

(3) To open a customer account you have to provide us with the data mentioned in subsection (2) as well as a password chosen by you.

(4) Without your further consent, we will use your personal data only in order to process your orders, e.g. for delivery to your address. If you pay by bank transfer, we also use your banking data in order to carry out your payment. A use of your personal data for advertising, market research or for the purpose of a needs-based design of our offers, requires your explicit consent.

(5) Your data will be stored in your customer account until you delete it by yourself. In addition, or if you order as a guest (without opening a customer account), we save your data according to our obligations under commercial and tax law.

(6) If your personal information shall change, you yourself are responsible for its update. All amendments can be made online under „My account“ after the log in.

Sec. 7 Payment Conditions

The purchase price is due immediately after placing the order. The payment of the goods can be made via PayPal (we use the transmission method „SSL“ to encrypt your personal data), via bank transfer or via our payment provide (Klarna). Our bank details are DE96 200 300 00 0015064337 or in cash on delivery (only in the case of deliveries by courier within Hamburg).

Under certain conditions to be agreed separately corporate customers may be able to register as invoice customers. Please write an email to post@bee-goodies.de.

Sec. 8 Retention of Title

The goods shall remain our property until full payment. If you fall behind with your payment more than 10 days after due date, we reserve the right to withdraw from the contract and to reclaim the goods.

Sec. 9 Delivery Conditions

We deliver the goods pursuant to the agreements made. Arising shipping costs are listed in the product description and are billed separately.
Packaging and delivery costs

(1) In the case of domestic shipping or international shipping by mail or parcel delivery services, we charge postage at actual shipping costs including packaging material.

(2) In the case of return shipments on account of wrong address specifications, we will charge the cost of the return freight we incurred and a handling fee of EUR 10.00.

Delivery

(1) The standard shipping periods for orders received by hellogreen shall be 3 to 7 business days from the date of the receipt of the order or, in the case of payment by bank transfer/advance payment, from the receipt of payment.

(2) In the case that a supplier fails to supply to hellogreen at all, fails to supply correctly, or within the due time, hellogreen shall be released from its obligation to perform punctual and full delivery, provided such failure did not occur through hellogreen’s fault.

International deliveries

(1) Orders for international deliveries are generally possible at the terms of the present General Terms, however the delivery date and shipping must be agreed separately and in writing on a case-by-case basis

Sec. 10 Right of Withdrawal

As a consumer you have in accordance with the rules described in the attachment below (see also https://www.bee-goodies.de/en/cancellation-policy/) a right of withdrawal. A consumer means every natural person who enters into a legal transaction for purposes that predominantly are outside his trade, business or profession.

Sec. 11 Warranty in case of purchasing goods

(1) If the delivered goods purchased in our online shop are defective, you are entitled, within the scope of legal provisions, to request rectification, to withdraw from the contract or to reduce the purchase price.

(2) The limitation period of warranty claims for the delivered goods vis-à-vis consumer is two years of receipt of the goods. Any claims due to defects maliciously concealed by us will expire after the normal limitation period.

If the buyer is a merchant, a legal entity under public law, or a special fund under public law, the limitation period shall be one year from delivery of the goods

(3) Moreover, you shall also have rights for defects within the scope of guaranteed properties and/or durability, provided that we expressly guaranteed such in the individual case with respect to the item sold.

Sec. 12 Limitation of Liability

(1) We are liable vis-à-vis consumer  for intent and gross negligence. Further, we are liable for the negligent breach of obligations, whose fulfillment is essential to enable the ordinary implementation of the contract, whose breach jeopardizes the achievement of the purpose of the contract and on whose compliance you as a customer may rely on regularly. In the last-mentioned case, we are only liable for the foreseeable, typical contractual damage. We are not liable for slight negligent breach of other obligations than those mentioned in the above sentences.

If the buyer is an entrepreneur, a legal entity under public law, or a special fund under public law, claims for damages shall be excluded regardless of the nature of the breach, including tortious acts, unless the act is committed wilfully or with gross negligence. In the case of essential contractual obligations, hellogreen shall be liable for every incidence of negligence, however only up the amount of the foreseeable loss/damage. No claims for lost profits, saved expenses, claims arising from third party damages claims, or any other indirect and consequential loss/damage may be raised.

The abovementioned exclusions of liability do not apply in case of damage of life, body and health nor in the case of liability for guaranteed features or quality. The liability pursuant to the product liability law remains unaffected.

(2) Based on the current state of art, data communication via internet cannot be guaranteed to be error-free and/or available at any time. We are not liable for constant and continuous availability of our online trading system.

Sec. 13 Final Provisions

The terms and conditions stipulated herein are complete and final. Amendments and changes of these GTC shall be made in writing in avoidance of any doubt or dispute between the parties regarding the content of the agreement.

(2) The law of the Federal Republic of Germany shall apply excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG), if

(a) your abode is in Germany, or

(b) your abode is situated in a state not being member of the European Union.
In the event that your abode is in a member state of the European Union, German law applies provided this stipulation is not in conflict with mandatory rules of the state in which your abode is situated. Such rules shall remain unaffected.

(3) We would like to point out that, besides the legal recourse, there also exists the possibility of an extrajudicial resolution pursuant to regulation (EU) no. 524/2013. For details, please see regulation (EU) no. 524/2013 and website http://ec.europa.eu/consumers/odr.

Our e-mail address is: post@bee-goodies.de. We inform you according to § 36 German VSBG that we are not under obligation to take part in an extrajudicial resolution proceeding pursuant to the VSBG.

(4) Should individual provisions of this contract be invalid, this shall not affect the validity of this contract as a whole.

Annex

Consumer information and instruction on withdrawal for consumer (see also https://www.bee-goodies.de/en/cancellation-policy/).

If you order goods in our online shop, we want to draw your attention to the following:

(1) The exclusive language available for the conclusion of the contract shall be German. Translations of information and legal texts to other languages are for information only. In the event of contradictions between the German text and the translations, the German text shall prevail.

(2) You will find the essential characteristics of the goods and services offered by us as well as the validity of limited offers in the individual product specifications within the scope of our internet offering.

(3) The presentation of our goods does not represent a binding offer on our side. Only your order of the goods is regarded as a binding offer pursuant to Sec. 145 BGB. In case of the acceptance of such an order, we will send you an order confirmation via email or we dispatch the good. This way, a purchasing contract between you and us comes into existence.

(4) Any input errors when ordering can be seen in the confirmation before the check-out and with the delete- and change function you can correct your order at any time before sending it.

(5) If the goods ordered by you are not available, we reserve the right not to render the service. We will inform you about that before the conclusion of the contract without delay.

(6) The prices indicated by us are to be understood including taxes. The shipment costs are listed separately in the product description and in the order overview, otherwise section 9 shall apply..

(7) The purchase price is due immediately after placing the order. The payment of the goods can be made via PayPal (we use the transmission method „SSL“ to encrypt your personal data), via bank transfer or via our payment provide (Klarna). Our bank details are DE96 200 300 00 0015064337

(8) We would like to point out that, besides the legal recourse, there also exists the possibility of an extrajudicial resolution pursuant to regulation (EU) no. 524/2013. For details, please see regulation (EU) no. 524/2013 and website http://ec.europa.eu/consumers/odr.

Our e-mail address is: post@bee-goodies.de. We inform you according to § 36 German VSBG that we are not under obligation to take part in an extrajudicial resolution proceeding pursuant to the VSBG.

(9) Any information and data needed for servicing the contract concluded with you, will be stored by us with permanent access for you. We refer to our GTC and the stipulations regarding data protection therein.

(10) In addition we refer to our General Terms and Conditions (see also https://www.bee-goodies.de/en/gtc/).

(11) You have a right of withdrawal according to the following information:
hellogreen GmbH, Schulstraße 18 in 25469 Halstenbek, telephone +49 (0)41 01 588 29 80, represented by its partners Maike Palm and Dunja Kremkus (hereinafter: “hellogreen“).