General terms and conditions
1. Scope of application
1.1 These terms and conditions exclusively apply to contracts, which have been concluded between hülsta and a consumer in the sense of § 13 BGB (German Civil Code) (hereafter: customer) with regard to goods and products shown in the online store at shop.hulsta.com.
1.2 A consumer in the sense of § 13 BGB is any person, who enters into a legal transaction for purposes, which can be attributed neither to his/her commercial nor to his/her independent professional occupation.
1.3 These terms and conditions by hülsta contain the valid conditions between the customer and hülsta (hülsta-werke Hüls GmbH & Co. KG, Karl-Hüls-Str. 1, D-48703 Stadtlohn, HRA 2612), represented by Oliver Bialowons, unless any of the terms and conditions have been changed upon written agreement between the parties.
2. customer registration and guest orders
2.1 hülsta provides the necessary technical systems for the registration of the customer. For registration purposes, the customer shall complete the registration form available on the hülsta website and transmit the respective data to hülsta. The data that is required for registration shall be provided completely and truthfully by the customer.
2.2 Upon registration, the customer will have access to a user account for the hülsta online store featuring his/her email address and a password chosen by him/her. The customer is obliged to keep his/her password secret and not to divulge it to third parties.
2.3 The registration of the customer with hülsta is not subject to any further obligations. The customer is entitled to have his customer data and/or entries for registration cancelled by the hülsta customer service. Contact data for the customer service are as follows:
hülsta-werke Hüls GmbH & Co. KG
Customer Service Onlineshop
Tel.: +49 2563 86 0 *
Monday to Friday from 8 am – 6 pm as well as Saturdays from 9 am to 6 pm.
* (at local rates within the German landline network)
The registration with hülsta by the customer does not represent any obligation to purchase any goods offered by hülsta.
2.4 The customer is responsible for updating his/her personal data. Any modifications can be carried out online by the customer within the login section of the website under “My account” or by phone.
2.5 An order can also be placed without customer registration as a so-called guest order. In this case, the customer must re-enter his/her order data for each order. A customer registration in the sense of the above paragraphs does not take place. Details, which are absolutely necessary for hülsta to process a customer order, as well as mandatory details will be indicated as such. After entering the mandatory details, the customer chooses the required methods of shipping and payment. Afterwards, the customer will be shown an overview of his/her order, the final price and its composition.
3. Conclusion of contract and order process
3.1 The presentation, particularly the online presentation, of hülsta‘s goods and products does not constitute a binding offer by hülsta. The customer can identify the requested goods and products by clicking the button [Add to basket] without obligation. These are then attributed to a “Shopping basket” whose contents are displayed to the customer. Up until the end of the ordering process, selected products and goods can be removed from the shopping basket by clicking the [Delete] button. Clicking on the button [Checkout] provides the customer with an overview of the contents of his/her shopping basket as well as the contents and the final price of the current order selection. By clicking the button [Confirm and pay], the customer finalises the order process.
3.2 At the end of the order process, the customer is obliged to explicitly confirm that he/she has had access to and agrees with these terms and conditions and that he/she agrees to his personal data being passed on and used for verifying his/her solvency and/or credit worthiness. The aforementioned declarations are made by the customer by actively selecting the respective control and confirmation fields (so-called checkboxes) before finalising the order process. By finalising the order process, the customer makes a binding commitment in the sense of § 145 BGB.
3.3 If a correct order has been transmitted by the customer to hülsta, he/she will receive an order confirmation by email within a few minutes. hülsta then checks and processes the respective order. The order confirmation constitutes a contract between the customer and hülsta (see paragraphs 3.5).
3.4 Up until the shipping and order confirmations have been sent by hülsta, the customer is entitled to cancel the order without incurring any charges. For order cancellations, the hülsta customer service can be contacted as follows:
Tel.: +49 2563 86 0 *
Monday to Friday 8 am to 6 pm as well as Saturdays 9 am to 6 pm
* (at local rates within the German landline network)
The cancellation rights of the customer in accordance with paragraph 11 hereinafter remain unaffected.
3.5 hülsta will accept your order either by sending a separate order confirmation by email or by shipping the goods within 3 days.
4. Prices and payment terms
4.1 The prices listed in the online store are final prices and include the statutory German VAT. The purchase price is due upon the transmission of the shipping and contract confirmation as well as in accordance with paragraphs 4.2 to 4.6.
4.2 Invoicing and the transmission of the invoice is carried out exclusively by email. Generally, the customer will receive the invoice at the same time as the delivery of the ordered goods. In exceptional cases, hülsta reserves the right to invoice and transmit the invoice after the delivery of the order.
4.3 hülsta accept the following payment methods: PayPal, payments by credit card (Mastercard or Visa Card) as well as advance payment via bank transfer. The necessary data that is required from the customer depending upon the ordering process, is requested by hülsta in mandatory fields. hülsta uses the transfer method SSL for the encryption of the customer’s personal data. Depending upon the credit worthiness of the customer, hülsta reserves the right to offer only certain payment methods.
4.4 When paying using PayPal, the customer uses an online payment service. The use requires the registration of the customer with PayPal. When selecting PayPal as a payment method and after entering the personal data, there is an automatic link to the PayPal confirmation page. After entering the PayPal user data, the order will be finalised and the PayPal account of the customer is debited.
4.5 Payments by credit card can only be made using Mastercard and VISA. When paying with VISA or Mastercard, upon receipt of the order at hülsta, a standard pre-authorisation check is carried out in order to verify sufficient funds for the transaction. If the verification is successful, the respective amount is reserved on the credit card account. The account (of your credit card) is only debited once the goods have left the warehouse.
4.6 If the customer selects the payment method “Advance payment via bank transfer“ and finalises his/her ordering process in the hülsta online store in accordance with paragraph 3., hülsta instantly informs the customer with regard to the data that is required for the bank transfer, i.e. the advance payment. In accordance with the preceding regulation in paragraph 3.5, hülsta accepts the contract by sending the order confirmation in a separate email.
5. Reminder, default, late payment
5.1 In the event of a default (due to lack of sufficient funds within the current account, termination of the current account or unjustified objection by the account holder), the customer is obliged to bear all costs that hülsta incur because of the default. The right to make any further demands is reserved. Statutory provisions shall apply in all other cases.
5.2 Should the customer default on payments to hülsta and if hülsta subsequently has served notice of default (for instance by reminder), or if the customer is already defaulting payments because of legal requirements, i.e. if he/she has defaulted on due payments, the customer is obliged to bear all costs / damages (reminder fees, debt collection) incurred due to the late payment. The right to make any further demands is reserved. Statutory provisions shall apply in all other cases.
6. Offset payments and right of retention
6.1 The customer is only entitled to offset payments against payment claims by hülsta in the event that such claims are legally recognised by a competent court, ready for decision or undisputed.
6.2 The customer can only exercise his/her rights of retention, if they are based on the same contractual relationship with hülsta.
7. Reservation of ownership/title
Ownership/title of the goods remains with hülsta until payment has been made in full. In the event of the customer delaying payment for more than 10 days, hülsta is entitled to withdraw from the contract and to reclaim the goods.
8. Delivery terms and shipping cost
8.1 hülsta delivers the goods in accordance with the agreements made with the customer and the selected shipping options.
The respective final delivery times can be found with the item details in the hülsta online store and are also shown in the “shopping basket” of the order.
8.2 The ordered goods and products are always delivered as one shipment. In some cases, hülsta is entitled to carry out partial deliveries, if this is a reasonable solution for the customer. Any additional costs incurred due to partial deliveries are borne by hülsta.
8.3 The shipping costs are determined by the customer’s choice of shipping option as well as by the contents and weight of the ordered goods and products. The shipping costs are displayed on the order overview page prior to submitting a binding order and are listed separately on the invoice by hülsta.
9. Right of cancellation
The customer is entitled to the right of cancellation. Please refer to the enclosed printed cancellation policy and cancellation form with regard to conditions and legal consequences of the right of cancellation.
10.1 In the event of the delivered goods being faulty, the customer, in accordance with legal provisions, is entitled to demand subsequent fulfilment from hülsta, to withdraw from the contract or to request a reduced purchase price.
10.2 The limitation period of the customer’s rights depends upon the legal requirements.
10.3 Unless explicitly agreed otherwise, hülsta does not give any independent guarantees and/or declarations to such effect. A strict liability by hülsta is excluded.
11. Limitation of liability
11.1 hülsta is liable for premeditation and gross negligence. Furthermore, hülsta is liable for negligent breach of duties, the fulfilment of which allows appropriate execution of the contract, and whose breach jeopardises the achievement of the purpose of this contract and on whose fulfilment the customer may ordinarily rely. However, in the latter case, hülsta is only liable for the foreseeable damage typical of the contract. hülsta shall not assume liability for the negligent breach of obligations other than the ones stated in the preceding sentences.
11.2 The preceding limitations of liability as described in paragraph 11.1 do not apply in cases of injury to life, limb or health. Liability under the Product Liability Law remains unaffected.
11.3 In the current state of technology, data communication via the internet cannot be guaranteed error-free and/or with access at all times. hülsta is therefore not liable for a constant and uninterrupted access to the online store.
12. Final clauses
12.1 Modifications or amendments of these terms and conditions must be confirmed in writing; the same applies to any waiver of the requirement.
12.2 The law of the Federal Republic of Germany shall apply with exclusion of the UN sales law. Mandatory regulations of the country where the customer usually resides remain unaffected.
12.3 Where the customer has no general place of jurisdiction in Germany or moved his domicile outside Germany after conclusion of the contract or his residence is unknown at the time of the claim, the place of jurisdiction for all disputes is the registered office of hülsta (Coesfeld, Germany).
Edition: January 2016
hülsta-werke GmbH & Co.KG