General Terms and Conditions of Heller Hobby GmbH

Table of contents

  1. Cancellation policy
  2. Contract conclusion
  3. Delivery and shipping costs
  4. Payment
  5. Reservation of proprietary rights
  6. Warranty
  7. Undeliverable items
  8. Alternative settlement of disputes
  9. Disclaimer for external links
  10. Contractual language/storing the text of the order
  11. Image rights
  12. Provider identification

1. Cancellation policy

Right of cancellation

You have the right to cancel this Contract within fourteen days without specifying any reasons.

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

To exercise your right of cancellation, you must expressly notify us of this by sending us an unequivocal statement of your decision to do so (e.g., email, a letter sent by post or fax). You can use the attached sample cancellation form for this. Using it is not prescribed or required.

To comply with the cancellation period, it is sufficient to send the notification that you are exercising your right of cancellation before the cancellation period expires.

Consequences of cancellation

If you cancel this contract, we are obliged to refund all payments we have received from you including the shipping charges (except for additional costs arising if you chose a method of shipping different from the most cost-efficient standard delivery offered by us) without delay and at the latest within fourteen days from the day on which we received the notice of cancellation. Repayments will be made using the same method of payment that was used during the original transaction, unless expressly agreed otherwise. In no case will you be charged for this repayment.

We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods (whichever is first).

You must return the goods to us immediately and in any event no later than fourteen days from the date on which you notified us of the cancellation of this contract to the address Heller Hobby GmbH, Erlenbacher Str. 3, 42477 Radevormwald, Germany. The deadline is deemed to be met if you send the goods before the expiry of the period of fourteen days.

You bear the cost of returning the goods.

Only in the event of a loss of value and if this loss of value is attributable to a handling of the goods that is not necessary to check the qualities, characteristics and function of the goods, must you pay for any loss of value of the goods.

End of the cancellation policy

2. Contract conclusion

Presentation of the goods in the online shop does not constitute a legally binding offer, but is deemed to be a non-binding online catalogue presentation. By clicking on the button "place order with obligation to pay", you are placing a binding offer with us to order the goods in your shopping basket. 

Confirmation of receipt of the order does not constitute acceptance of the contract. The purchase contract is concluded either upon delivery of the goods or, in the case of payment by credit card or PayPal, upon receipt of the payment request which you receive from us.

3. Delivery and shipping costs

Items can be delivered within Germany as well as the countries listed in the ordering process. Individual products may be excluded from deliveries abroad.

Items are only delivered in standard household quantities and only to the final consumer. 

Our prices are Euro prices and include VAT. 

The delivery flat rate, regardless of the order value, for deliveries in Germany and to Austria is €7.49. The minimum order value is €10.00.

4. Payment

Payment can generally be made by credit card or PayPal. A discount deduction is not possible. We reserve the right to offer you only certain payment methods for the requested delivery; for example, we reserve the right to carry out the requested delivery only against certain payment methods in order to protect the loan risk as per your relevant creditworthiness. 

In the event of late payment, we will send reminders. Please note that reminder fees would thereby accrue, which you will be charged.

5. Reservation of proprietary rights

The goods remain our property until fully paid for.

6. Warranty

If the delivered items have obvious material or manufacturing defects, including transport damage, please let us or the employee of the logistics company who delivers the items know immediately. 

If no complaint is made, however, this has no consequences for your legal rights. For any other defects arising within the legal period of warranty, the legal demands for re-fulfilment, correction of faults or additional deliveries can be applied according to the consumer's choice, or – when the particular legal conditions are given – the more far-reaching claims to depreciation and withdrawal, or to indemnification, including the compensation of the damage as well as the compensation for wasted efforts. If we grant you a seller warranty, the details are to be taken from the terms of the warranty which are included with the item. Warranty claims are without prejudice to legal claims/rights.

7. Undeliverable items

If an item cannot be delivered, we undertake to inform you immediately of this circumstance and to reimburse any money already paid without delay.

8. Alternative settlement of disputes

The European Commission provides a platform for out-of-court online dispute resolutions (OS platform), available at www.ec.europa.eu/consumers/odr. Our email address can be found in our legal notice. We are neither committed nor willing to participate in a dispute settlement procedure. 

9. Liability/disclaimer for external links

For claims due to damage caused by us, our legal representatives or vicarious agents, we are always liable without limitation in the event of injury to life, limb or health, in the event of intentional or grossly negligent breach of duty, in the event of guarantee promises, if agreed, or if the scope of application of the Product Liability Act has been opened.

In the event of violation of so-called cardinal obligations (i.e., those essential contractual obligations, the fulfilment of which allows for the proper execution of the contract in the first place and the observance of which a contractual partner may regularly rely on) by slight negligence on the part of us, our legal representatives or vicarious agents, the liability is limited in amount to the foreseeable damage at the time of conclusion of the contract, the occurrence of which must typically be expected. Claims for damages are otherwise excluded.

On our internet pages, we refer to links to external pages. The following applies: we have no influence whatsoever on the design and content of the linked pages and hereby expressly distance ourselves from all content on all linked pages of third parties and do not endorse such content. This declaration applies to all links displayed and to all content of the pages to which links lead.

10. Contractual language/storing the text of the order

You agree that contract-related communication can take place in electronic form. The contract is concluded in German. The text of the order will be stored by us and sent to you by email as part of the order confirmation. 

11. Image rights

All image rights and data of items are held by Heller Hobby GmbH. Use of images on our part without express permission is prohibited.

12. Provider identification

Heller Hobby GmbH
 Erlenbacher Str. 3
 42477 Radevormwald
 Germany
 Phone: +49 2195-92773-0
 Fax: +49 2195-92773-29
 Email: info@heller.fr
 Managing Director: Heinz Engstfeld
 VAT ID No.: DE327404132
 Cologne District Court HRB 100034

Sample cancellation form

(If you would like to cancel the contract, please fill out this form and send it back to us.)

— To Heller Hobby GmbH, Erlenbacher Str. 3, 42477 Radevormwald, Germany

— I/we(*) hereby give notice that I/we(*) cancel the contract I/we have concluded regarding the purchase of the following goods(*)/provision of the following service(*)

— Ordered(*)/received on(*)

— Name of the consumer(s)

— Address of the consumer(s)

— Signature(s) of the consumer(s) (only required for notifications by post or fax)

— Date

____________________

(*) Cross out where not applicable