General Terms and Conditions

1. Scope

(1) The present General Terms and Conditions shall apply to all deliveries, services, and offers to buyers, provided, performed, and/or submitted, by hellogreen GbR, Schulstraße 18 in 25469 Halstenbek, telephone +49 (0)41 01 588 29 80, represented by its partners Maike Palm and Dunja Kremkus (hereinafter: “hellogreen“). They shall also apply to all future business relationships, even if their application is not expressly agreed.

(2) They shall equally apply to online orders (including orders by email) placed at www.hellogreen.de or www.bee-goodies.de, which shall be made exclusively on the basis of the following General Terms and Conditions, as amended at the time the order is placed.

(3) Our General Terms and Conditions shall apply exclusively. General terms and conditions of the ordering party that deviate from our General Terms shall not apply, unless we expressly agree to their application.

2. Packaging and delivery costs

(1) In the case of domestic shipping by mail or parcel delivery services, we charge postage at cost price. For international shipping outside Germany we charge the actual shipping costs plus 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.

3. 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.

4. 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.

5. Payment

(1) Payment shall be made

– in cash on delivery (only in the case of deliveries by courier within the core area of Hamburg)

– by bank transfer,

– by PayPal

– by invoice (only if agreed in the individual case)

(2) Under certain conditions to be agreed separately corporate customers may be able to register as invoice customers.

6. Type and quality of the product

(1) Offers submitted, and all and any information provided, by hellogreen that relate/s to products and prices are non-binding and subject to change. They are addressed to the final consumer and are not intended for reselling so that we reserve the right to reject orders that exceed the usual/reasonable volumes. The customer has no right to delivery of particular items, unless expressly agreed otherwise.

(2) hellogreen delivers the products specified in the product description and not as displayed on any photos or other illustration. We expressly reserve minor deviations of the goods or their workmanship that are usual in the trade from the information provided in our offers. This refers to measurements, sizes, weight, quantities, performance, and quality or features, etc. – and to information we provide in letters, offers, brochures, confirmations of orders, and/or invoices.

(3) Decorative items displayed on photos or other illustrations shall not form part of the product and are not included delivery.

7. Conclusion of contract

(1) The order must be placed observing the following steps:

a) Complete the order form

b) Fill in the addresses for invoicing and delivery

c) Send the order (binding effect)

(2) By fully completing and confirming the order form previously provided by hellogreen, the customer makes a binding offer for the conclusion of a contract. Acceptance of hellogreen’s offer shall be effected by sending a declaration of acceptance (has binding effect) by email. No right to the delivery of the ordered goods shall arise until acceptance is declared or the order confirmed.

(3) The contract can only be effectively concluded if the customer is at least 18 years old and has full legal capacity. By placing his/her order, the customer confirms that he/she is at least 18 years old and has full legal capacity. If the customer’s statements are untrue, we shall be entitled to give extraordinary notice of termination of the contract with immediate effect.

8. Term of contract, termination of subscription agreements

(1) Subscription agreements between us and the customer are concluded for an indefinite term, unless the parties mutually agree otherwise.

(2) The termination period and the period for applying for a suspension of the subscription each shall be 6 weeks for the customer. Termination prior to receipt of the first delivery is not permitted.

(3) Notice of termination must be given in writing, text form within the meaning of section 126 BGB (German Civil Code) sufficing.

(4) In the case of termination, payments made by the customer for orders not yet delivered shall be refunded at the end of the termination period.

(5) We reserve the right to extraordinary termination in the event that, despite having received a warning, the customer fails to meet his/her payment obligations within eight days from receipt of the warning.

9. Cancellation policy

Because our products are perishable goods, orders for goods we already dispatched or delivered may not be cancelled or revoked, nor may such goods be returned or exchanged. We therefore exclude revocation and cancellation. For all other products the following cancellation policy applies: Cancellation policy.

10. Shipping and passing of risk

The risk shall pass to the buyer on handing over the goods to the person carrying out the shipment or on the goods leaving hellogreen‘s business premises for the purpose of dispatch. If dispatch is delayed at the request of the buyer, the risk shall pass to the buyer on notification that the goods are ready for dispatch.

11. Warranty

(1) The buyer shall inspect the goods for defects in quality immediately on receipt. Warranty claims of the buyer based on evident defects shall be excluded if we are not notified by written complaint of such defects on receipt of the goods. To comply with this deadline, it is sufficient to punctually send the communication of the defect to the address specified under clause 1 of the present General Terms.

(2) In the case of easily perishable goods, hellogreen is only able to process complaints swiftly and unbureaucratically if the buyer makes the complaint without undue delay on discovering the defect, thus enabling hellogreen to determine whether the complaint is justified.

(3) If the buyer is a consumer the limitation period for the above claims shall be two years from delivery of the goods. 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.

12. Prices

(1) The prices stated at www.hellogreen.de are retail prices and are inclusive of the statutory value added tax. All our prices are euro prices.

(2) The shipping charges are calculated on the basis of clause 2 of the present General Terms.

13. Liability

(1) If the buyer is a consumer, hellogreen’s liability in the cases of slightly negligent breach of an obligation shall be limited to the immediate foreseeable average loss/damage that is typical for the contract considering the type of goods. This shall also apply in the case of negligent breaches of obligations committed by hellogreen’s employees, workers, representatives, agents, or vicarious agents.

(2) 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.

(3) Where hellogreen’s liability is excluded or limited, the same limitation or exclusion shall apply to hellogreen’s employees, workers, representatives, agents, and vicarious agents.

(4) The limitations and exclusions of liability under clauses 13.1 and 13.2 shall not apply to claims that arise through malicious conduct on the part of hellogreen, nor in the case of liability for guaranteed features or quality, for claims under the German Product Liability Act (Produkthaftungsgesetz), or for loss or damage caused through injury to life, the body or health.

14. Reservation of title

(1) hellogreen reserves its title to the delivered goods (“reserved goods”) until all present or future accounts receivables from the buyer to which hellogreen is entitled on whatever grounds are fully paid. The buyer may not dispose of the reserved goods. This shall not apply to perishable goods.

(2) In the case of third party seizure of reserved goods  – especially by levy of execution -, the buyer shall make it known that hellogreen is the owner of the goods and shall immediately inform hellogreen to enable it to enforce its ownership rights. If the third party is not able to reimburse hellogreen for any court charges or extrajudicial expenses incurred in this context, the buyer shall be liable for them.

(3) In the even that the buyer acts in breach of the contract – especially in cases of default on payment – hellogreen shall be entitled to withdraw from the contract and to demand surrender of the reserved goods.

15. Data privacy

We treat your personal data confidentially and in compliance with the statutory data protection rules. We will not pass on your data without your express consent, or only within the framework of the necessary implementation of your contract, for example to the companies entrusted with delivering the goods.

16. Final provisions

(1) The buyer may only offset claims that are res judicata or undisputed. The assignment of claims that the buyer has against hellogreen is not permitted.

(2) The present General Terms and all and any legal relationships between hellogreen and the buyer shall be governed by the laws of the Federal Republic of Germany. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply.

(3) 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.

(4) If one of the provisions of the present General Terms or one of the provisions of any other agreements is or becomes invalid the validity of the remaining provisions or agreements shall be not affected.

Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:

The European Commission provides an Online Dispute Resolution Platform (ODR) that can be accessed with the link to the platform of the European Commission. We are not liable and do not accept to participate in a dispute resolution procedure with a Consumer Arbitration Board.

Link to the Online Dispute Resolution Platform of the EU:
https://ec.europa.eu/consumers/odr.