General Terms and Conditions of
HALM Straws GmbH
Managing Director: Sebastian Müller
Thaerstr. 19
10249 Berlin
Phone: +49 (0)30 959994111
Fax: +49 (0)30 959994115
E-Mail: contact@halm.co

- hereinafter referred to as "HALM Straws GmbH" -

1. general/applicability

(1) All deliveries, services and offers of HALM Straws GmbH are made exclusively on the basis of these General Terms of Delivery. These are an integral part of all contracts that HALM Straws GmbH concludes with its contractual partners (hereinafter also referred to as "customer") regarding the deliveries or services offered by it. They shall also apply - insofar as the customer is an entrepreneur within the meaning of paragraph 3 sentence 2 - to all future deliveries, services or offers to the customer, even if they are not separately agreed again.

(2) Terms and conditions of the customer or third parties shall not apply, even if HALM Straws GmbH does not separately object to their validity in individual cases. Even if HALM Straws GmbH refers to a letter that contains or refers to the terms and conditions of the customer or of a third party, this does not constitute agreement with the validity of those terms and conditions.

(3) A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor self-employed activity. Entrepreneur in the sense of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.

2. regulations and information for the conclusion of the contract

(1) General information

All offers made by HALM Straws GmbH are merely a non-binding invitation by the customer to submit offers.

(2) Technical steps leading to the conclusion of the contract and the conclusion of the purchase contract

a) Ordering via the online shop

To order one or more articles via the online shop, the articles must first be marked for ordering by clicking on the "shopping cart" link or button. In the "shopping cart" (which you can reach at any time via a link in the shop offer) you will then be guided through the ordering process by explaining each step and requesting the necessary information.

The order process is completed when the customer finally clicks on "Buy".

This is the customer's offer to conclude the contract, which HALM Straws GmbH can accept within two working days.

With the acceptance by HALM Straws GmbH, the purchase contract is concluded.

Acceptance of the offer by HALM shall be effected - after sending an order confirmation - by separate order confirmation or delivery of the goods.

With the acceptance by HALM, the purchase contract is concluded.

Contrary to the foregoing, the contract shall be concluded prior to the sending of the order confirmation if either the order confirmation contains a request for payment or if the payment process is initiated and concluded during or immediately after completion of the order process.

b) Order by telephone, mail, fax or letter

If expressly offered in the online shop, the contract is concluded when the customer orders by telephone, mail, fax or letter as follows:

The customer declares verbally or in writing his binding intention to buy exactly named articles of the offer in the online shop. This is the customer's offer to conclude the contract, which HALM Straws GmbH can accept within five days of receipt.

The acceptance of the offer by HALM Straws GmbH takes place by sending the delivery confirmation or delivery of the goods. The purchase contract is thus concluded.

(3) Storage and access to the contract text

HALM Straws GmbH saves the contract text and sends the customer the order data and the contract conditions by e-mail. HALM Straws GmbH thus provides the customer with the opportunity to retrieve the contractual provisions upon conclusion of the contract and to save them in a reproducible form. Access to the contract texts stored by HALM Straws GmbH - with the exception of the freely accessible General Terms and Conditions - is only possible for registered customers via the customer account.

(4) Recognition and correction of input errors

In order to detect and prevent input errors during the ordering process, the Customer is presented with an overview page for checking purposes before the effective order is placed, with the help of which he can check all details of the order and correct the entered data in the input fields themselves or by using the "Back" button of the Internet browser.

(5) Available languages

The contract language is German.

3. prices and terms of payment

(1) The prices indicated at the time of the order are valid. Packaging and shipping costs, if any, shall be invoiced in addition and notified to the customer in good time. In the case of an order from abroad, it cannot be excluded that your bank or your country will charge HALM Straws GmbH unknown costs or taxes, such as (import) duties or processing fees for payment. These are not costs that are paid or invoiced via HALM Straws GmbH.

(2) HALM Straws GmbH accepts all payment methods stated on the website. HALM Straws GmbH issues the customer with an invoice for the ordered goods, which is sent to him in text form at the latest with the delivery of the goods.

The total purchase price of the ordered goods is payable according to the chosen method of payment.

(3) Cheques shall not be deemed payment until they have been cashed.

(4) HALM Straws GmbH shall be entitled to execute deliveries or services only against advance payment or provision of security vis-à-vis entrepreneurs.

4. packaging and shipping costs, transfer of risk

Packaging and shipping costs, if any, shall be notified to the customer in good time before the ordering process is initiated.

Regulations vis-à-vis entrepreneurs

(1) The risk shall pass to the customer at the latest when the delivery item is handed over (whereby the start of the loading process shall be decisive) to the forwarding agent, carrier or other third party appointed to carry out the shipment. This shall also apply if partial deliveries are made or HALM Straws GmbH has assumed other services (e.g. dispatch or installation). If dispatch or handover is delayed as a result of circumstances for which the customer is responsible, the risk shall pass to the customer from the day on which HALM Straws GmbH is ready to dispatch and has notified the customer of this.

(2) The mode of dispatch and packaging are subject to the dutiful discretion of HALM Straws GmbH.

(3) The customer shall bear the storage costs after transfer of risk. In the case of storage by HALM Straws GmbH, the storage costs amount to 0.25% of the invoice amount of the delivery items to be stored per expired week. We reserve the right to assert and prove further or lower storage costs.

(4) HALM Straws GmbH shall insure the consignment against theft, breakage, transport, fire and water damage or other insurable risks only at the express request of the customer and at his expense.

5. delivery and delivery times

Regulations vis-à-vis consumers

(1) The delivery of goods to the customer is carried out by third parties (delivery services). In the case of dispatch by freight forwarder, the place of performance is agreed to be "delivery free kerbstone edge", i.e. delivery is made to your front door, at ground level, without steps.

(2) The delivery times are to be taken either from the product description or the separately callable data to the dispatch in the Shop.

(3) Partial deliveries are possible, if the customer

a) this possibility and the resulting consequences for the right of revocation were pointed out in our revocation instruction and

b) is not recognisably not interested in them or is recognisably not reasonable for him. Reasonableness is given if

- the partial delivery can be used by the customer within the scope of the contractual purpose,

- the delivery of the remaining ordered goods is ensured and

- the customer neither considerable additional effort nor additional costs nor additional

costs are incurred or the seller agrees to bear these costs.

(4) The costs for transport and packaging, if any, shall be charged only once for partial deliveries.

Regulations vis-à-vis entrepreneurs

(1) Deliveries are made from 10249 Berlin.

(2) Periods and dates for deliveries and services promised by HALM Straws GmbH are always only approximate, unless a fixed period or date has been expressly promised or agreed. If shipment has been agreed, delivery periods and delivery dates shall refer to the time of handover to the forwarding agent, carrier or other third party commissioned with the transport.

(3) HALM Straws GmbH can - without prejudice to its rights arising from the customer's default - demand from the customer an extension of delivery and service periods or a postponement of delivery and service dates by the period in which the customer does not fulfil its contractual obligations towards HALM Straws GmbH.

(4) HALM Straws GmbH shall not be liable for the impossibility of delivery or for delays in delivery insofar as these are caused by force majeure or other events not foreseeable at the time of conclusion of the contract (e.g., delay in delivery). HALM Straws GmbH is not responsible for any disruptions of operation of any kind, difficulties in the procurement of materials or energy, transport delays, strikes, lawful lockouts, lack of manpower, energy or raw materials, difficulties in the procurement of necessary official approvals, official measures or the lack of, incorrect or late delivery by suppliers). Insofar as such events significantly impede or render impossible HALM Straws GmbH's delivery or service and the impediment is not only of a temporary nature, HALM Straws GmbH shall be entitled to withdraw from the contract. In the event of hindrances of a temporary nature, the delivery or service periods shall be extended or the delivery or service dates postponed by the period of the hindrance plus a reasonable start-up period. If the customer cannot reasonably be expected to accept the delivery or service as a result of the delay, he can withdraw from the contract by immediate written declaration to HALM Straws GmbH.

6. place of performance and acceptance, if the customer is an entrepreneur

(1) Place of performance for all obligations arising from the contractual relationship is 10249 Berlin unless otherwise specified. If HALM Straws GmbH also owes the installation, the place of performance shall be the place where the installation is to take place.

(2) Insofar as acceptance is to take place, the object of purchase shall be deemed accepted if

a) the delivery and, if HALM Straws GmbH also owes the installation, the installation has been completed,

b) HALM Straws GmbH has informed the customer of this with reference to the acceptance fiction in accordance with this provision and has requested acceptance,

c) twelve working days have elapsed since delivery or installation or the Customer has started using the purchased item (e.g. the delivered system has been put into operation) and in this case six working days have elapsed since delivery or installation, and

d) the customer has omitted acceptance within this period for a reason other than a defect notified to HALM Straws GmbH, which makes the use of the purchased item impossible or substantially impairs.

7. warranty

Warranty regulations vis-à-vis consumers

(1) There is a statutory liability for defects, in this respect the statutory periods apply.

(2) Should a guarantee be stated in the offer, the statutory liability for defects shall remain unaffected.

Warranty regulations vis-à-vis entrepreneurs

(1) The warranty period shall be one year from delivery or, if acceptance is required, from acceptance.

(2) The delivered items shall be carefully inspected immediately after delivery to the customer or to the third party designated by the customer. They shall be deemed approved if HALM Straws GmbH has not received a written notice of defects with regard to obvious defects or other defects which were recognisable during an immediate, careful inspection within seven working days of delivery of the delivery item, or otherwise within seven working days of discovery of the defect or the time at which the defect was recognisable to the customer during normal use of the delivery item without closer inspection. At the request of HALM Straws GmbH, the delivery item complained about must be returned to HALM Straws GmbH carriage paid. HALM Straws GmbH shall reimburse the costs of the cheapest shipping route in the event of a justified complaint; this shall not apply if the costs increase because the delivery item is located at a place other than the place of intended use.

(3) In the event of material defects of the delivered items, HALM Straws GmbH is initially obliged and entitled to remedy the defect or make a replacement delivery at its discretion within a reasonable period of time. In the event of failure, i.e. impossibility, unreasonability, refusal or unreasonable delay of the repair or replacement, the customer may withdraw from the contract or reasonably reduce the purchase price.

(4) In the event of defects in components of other manufacturers which HALM Straws GmbH cannot remedy for licensing or actual reasons, HALM Straws GmbH shall, at its discretion, assert its warranty claims against the manufacturers and suppliers for the account of the customer or assign them to the customer. Warranty claims against HALM Straws GmbH exist for such defects under the other conditions and in accordance with these General Terms of Delivery only if the judicial enforcement of the aforementioned claims against the manufacturer and supplier was unsuccessful or, for example due to insolvency, is futile. During the duration of the legal dispute, the statute of limitations of the relevant warranty claims of the customer against HALM Straws GmbH is suspended.

(5) A delivery of used items agreed with the customer in individual cases shall be made to the exclusion of any warranty.

(6) Claims for damages due to fault on the part of HALM Straws GmbH shall not be limited by the above warranty provisions.

8. retention of title

Regulations on retention of title vis-à-vis consumers

All deliveries are subject to retention of title. The delivered goods remain the property of "HALM Straws GmbH" until the purchase price has been paid in full.

Regulations on retention of title vis-à-vis entrepreneurs

(1) The following agreed retention of title serves to secure all existing current and future claims of HALM Straws GmbH against the customer from the supply relationship existing between the contractual partners (including balance claims from a current account relationship limited to this supply relationship).

 

(2) The goods delivered by HALM Straws GmbH to the customer remain the property of HALM Straws GmbH until all secured claims have been paid in full. The goods as well as the goods covered by the retention of title which take their place in accordance with this clause are hereinafter referred to as goods subject to retention of title.

 

(3) The customer shall store the reserved goods free of charge for HALM Straws GmbH.

(4) The customer is entitled to process and sell the reserved goods in the ordinary course of business until the event of realisation (paragraph 9) occurs. Pledges and transfers by way of security are not permitted.

(5) If the reserved goods are processed by the customer, it is agreed that the processing takes place in the name and for the account of HALM Straws GmbH as manufacturer and that HALM Straws GmbH directly acquires the ownership or - if the processing takes place from materials of several owners or the value of the processed object is higher than the value of the reserved goods - the co-ownership (fractional ownership) of the newly created object in the ratio of the value of the reserved goods to the value of the newly created object. In the event that no such acquisition of ownership should occur at HALM Straws GmbH, the customer already now transfers his future ownership or - in the above relationship - co-ownership of the newly created object to HALM Straws GmbH as security. If the reserved goods are combined or inseparably mixed with other items to form a uniform item and if one of the other items is to be regarded as the main item, HALM Straws GmbH shall assign to the customer, insofar as the main item belongs to him, the proportionate co-ownership of the uniform item in the proportion stated in sentence 1.

(6) In the event of resale of the reserved goods, the customer hereby assigns to HALM Straws GmbH by way of security the resulting claim against the purchaser - in the case of co-ownership of HALM Straws GmbH in the reserved goods in proportion to the co-ownership share - to HALM Straws GmbH. The same applies to other claims which take the place of the reserved goods or otherwise arise with regard to the reserved goods, such as insurance claims or claims arising from tort in the event of loss or destruction. HALM Straws GmbH revocably authorises the customer to collect the claims assigned to HALM Straws GmbH in his own name for the account of HALM Straws GmbH. HALM Straws GmbH may only revoke this direct debit authorisation in the event of utilisation.

(7) If third parties access the reserved goods, in particular by seizure, the customer shall immediately inform them of the ownership of HALM Straws GmbH and inform HALM Straws GmbH thereof in order to enable them to enforce their ownership rights. If the third party is not able to reimburse HALM Straws GmbH for the judicial or extrajudicial costs incurred in this connection, the customer shall be liable to HALM Straws GmbH.

(8) HALM Straws GmbH will release the goods subject to retention of title as well as the items or claims replacing them at its own discretion on request if their value exceeds the amount of the secured claims by more than 50%.

(9) If HALM Straws GmbH withdraws from the contract in the event of breach of contract by the customer - in particular default in payment - he is entitled to demand the return of the reserved goods.

9. complaint handling procedures, dispute resolution procedures

The procedure of HALM Straws GmbH for dealing with complaints corresponds to the requirements of professional diligence. Should the customer wish to submit complaints, he can do so in writing or orally using all the means of communication and addresses/numbers mentioned here. A prompt processing is assured.

It is pointed out that HALM Straws GmbH is neither obliged nor prepared to participate in a dispute resolution procedure before a consumer arbitration board.

10. exclusion or premature expiry of the right of revocation

The right of revocation does not apply if the customer, when concluding the contract, acts in the exercise of his commercial or self-employed professional activity and thus as an entrepreneur within the meaning of § 14 of the German Civil Code (BGB).

Furthermore, the right of revocation does not exist in the case of contracts

- the supply of goods which are not prefabricated and the manufacture of which is determined by an individual choice or destination made by the consumer or which are clearly tailored to the personal needs of the consumer;

- for the delivery of goods that can spoil quickly or whose expiration date would quickly be exceeded;

- the delivery of alcoholic beverages, the price of which was agreed at the time of conclusion of the contract, but which can be delivered no earlier than 30 days after conclusion of the contract and the current value of which depends on fluctuations in the market over which the trader has no control;

- for the delivery of newspapers, periodicals or magazines with the exception of subscription contracts.

- for consumers, insofar as the order is placed from a country which is not a member of the European Union and the shipment is made to a country which is not a member of the European Union.

The right of revocation expires prematurely for contracts

- for the delivery of sealed goods which, for health or hygiene reasons, are not suitable for return if their seal has been removed after delivery;

- for the delivery of goods if these have been inseparably mixed with other goods after delivery due to their nature;

- for the delivery of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery.

11. notes on the Packaging Ordinance

We would like to point out that we are connected to an approved dual system in accordance with the legal requirements.

12. final provisions

(1) In the event that a provision of these general terms and conditions should be invalid, the validity of the other provisions shall not be affected. This applies in particular to the contract already concluded. The ineffective clause shall be replaced by the statutory provision. Other shall only apply if in this case the adherence to the contract represents an unreasonable hardship for one of the contracting parties. Then the contract as a whole is ineffective.

(2) With regard to all legal relationships arising from this contractual relationship, the contracting parties agree to apply the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods, unless this would deprive the consumer of the protection granted to him by the mandatory provisions of the state in which he has his habitual residence. In the latter case, the law of the country in which the consumer has his habitual residence shall apply.

(3) The place of jurisdiction for all disputes in connection with the delivery transaction is the registered office of the supplier if the customer is a merchant, a legal entity under public law or a special fund under public law. Mandatory statutory provisions on exclusive places of jurisdiction shall remain unaffected by this provision.