Terms of service
General Terms of Sale for Private Customers
All offers are for commercial purposes. By placing an order with Helbrecht optics, you are entering into a contract. This will be fulfilled by the delivery or by notification of the delivery of the goods. The terms and conditions current at the time of the order apply. They are also legally binding on all orders and purchase agreements made from outside of Germany. The law of the Federal Republic of Germany applies. The contract language is German.
Offers are limited to a certain period, while stocks last.
All prices quoted are retail prices and exclude the currently applicable German VAT. We reserve the right to change prices due to exchange rate fluctuations or changes in the VAT rate.
4. Payment and shipping methods
Payment methods, shipping methods and delivery times are specified in the offer or in the course of the ordering process.
The presentation of products in the online shop does not constitute a legally binding offer; it is instead a non-binding catalogue of services and products. By clicking the "Buy" or "Order" buttons, you are placing a binding order for the goods in your online shopping basket. You will receive automatic email confirmation after you submit your order. This email order confirmation constitutes our acceptance of your purchase offer and creates a contractual relationship.
6. Retention of title
Until we receive full payment for the goods delivered, they will remain our property.
7. Unavailable items
If a particular item is no longer available, we will inform you before accepting the order. However, we reserve the right to send a replacement product of a similar price-range and quality if you agree.
8. Delivery and shipping charges
Delivery will incur the shipping and handling charges specified in the order process. Additional fees apply to orders delivered cash-on-delivery (C.O.D.). The fees will be indicated during the order process.
9. Material defects and damage in transit
If the delivered items have obvious material or manufacturing defects, also including damage incurred during transport, please report such defects immediately to us and/or the delivery company.
10. Guarantee and warranty
If we grant you an extended warranty, the details will be specified therein. The original buyer is excluded from transferring the warranty and warranty claims to third parties. We also do not warrant defects caused by the user. That applies to customary wear and tear. The statutory regulations for warranty claims apply.
General Terms of Sale for Commercial Customers
(1) These conditions of sale apply exclusively to companies or legal entities organized under public law as defined in §310(1) of the German Civil Code (BGB). Any terms and conditions of the customer that contradict our terms and conditions apply only if we expressly agree to the same in writing.
(2) These terms of sale apply to all future transactions of this nature with the customer.
§2 Offer and conclusion of contract
If an order is considered an offer to purchase as specified in §145 BGB, we are free to accept it or not within two weeks.
§3 Documents submitted
All documents submitted to the customer as part of the contract bidding process, including product image data, mood images, logos, calculations, drawings etc. remain our property and our copyright. These documents may not be made available to third parties unless we give the customer our express written consent. If we do not accept the offer to purchase within the time limit specified in §2 above, the documents shall be returned to us immediately.
§4 Documents provided for marketing purposes
All documents provided to the customer for marketing purposes, such as product displays, promotion signage, posters, flags, banners, product information screens (TV screens), information columns, etc. remain our property. We are entitled to demand the return of such property at any time. The return shall be made exclusively at the expense of the customer. The place of performance is our headquarters.
§5 Prices and payments
(1) Unless otherwise agreed in writing, our prices are ex works, excluding packaging and VAT at the applicable rate. Packaging costs are invoiced separately.
(2) The terms of payment are set in the transaction correspondence. If no payment terms are given, all invoice amounts shall be paid in cash in advance without discount. Cash discounts are allowed only with special written agreement. If no payment deadline has been specified or otherwise agreed, 14 days from the date of invoicing shall be deemed the payment deadline for the stated invoice amount. One-day delivery by post is assumed. If the customer can show a longer period is required, the payment period will be extended accordingly.
(3) In case of default, interest at the rate of 8% per annum above the base rate of the Bundesbank shall be payable. The right to claim further damages is reserved.
(4) If no fixed price agreement has been made, reasonable changes may be made to pricing due to changes in labor, material and distribution costs for deliveries made 3 months or later after the contract is signed.
(5) If the payment deadline is not met or if there are changes in the creditworthiness or doubts as to the solvency or willingness to pay of the customer due to a subsequent deterioration of its economic situation, the supplier has the right to change the terms of payment for all existing and future receivables and demand immediate payment of all outstanding amounts receivable. If the customer does not comply with a written request giving a reasonable deadline, the supplier may withdraw from the contract. In this case, the customer shall not be entitled to any claim for damages.
(6) We reserve the right to make partial deliveries. These partial deliveries may be invoiced separately.
If the customer cancels an order, we will invoice a processing fee equal to 50% of the value of the canceled order. Otherwise, the customer is not entitled to cancel the contract.
§7 Offsets and retention
The customer has the right to offset its amounts payable if its counterclaims have been court-ordered, are ready for decision or uncontested. The customer is entitled to exercise a right of retention for counterclaims associated with the same contractual relationship.
§8 Delivery times
(1) Delivery dates are binding only if they have been expressly confirmed by us. If the contract is made in writing, the delivery date will also be confirmed in writing.
(2) The beginning of the delivery period presupposes the timely and proper fulfillment of the customer's obligations. The right to claim damages for breach of contract is reserved.
(3) If the customer is in default of acceptance or otherwise is at fault for breaches of other cooperation obligations, we are entitled to demand compensation for damages incurred by us, including any additional expenses. All other rights and claims remain reserved. If the conditions described above apply, the risk for accidental damage or destruction of the item ordered transfers to the customer
at the time of default.
(4) We are not liable for any delays in delivery.
(5) We reserve the right to make partial deliveries if that is advantageous for a speedier processing. These partial deliveries may be invoiced separately.
§9 Transfer of risk upon dispatch
If the goods are shipped to the customer at the customer's request, the risk for accidental damage or destruction of the item ordered transfers to the customer once it leaves our warehouse/factory. This applies regardless whether the goods are shipped from the place of fulfillment or who bears the freight costs.
§10 Retention of title
(1) We retain title on items until the order has been paid in full. This also applies to all future deliveries, even if we fail to reference this right explicitly. We are entitled to take back the goods if the customer is in breach of contract.
(2) The customer is obliged, as long as ownership has not been transferred to him, to treat the goods with care. In particular, the customer is obliged to insure the goods at replacement value and at his own expense against theft, fire and water damage. As long as ownership has not been transferred, the customer must notify us immediately in writing if liens or other claims have been asserted against the delivered goods. If the third party is unable to reimburse us for the judicial and extrajudicial costs of an action pursuant to §771 of the Civil Code of Procedure (ZPO), the customer shall be liable for any loss incurred by us.
(3) The customer is entitled to resell the reserved goods in the ordinary course of business. The customer assigns herewith all amounts receivable from the resale of the reserved goods up to and including the invoiced amount payable to us (including VAT). This assignment shall apply regardless of whether the goods have been resold with or without further processing. The customer shall remain entitled to collect its amounts receivable even after the assignment to us; this does not affect our right to collect these amounts receivable ourselves. We will, however, not collect the amounts receivable provided the customer meets his payment obligations to us from the collected proceeds, is not in default of payment and has not filed a petition to open insolvency proceedings or suspend payments to creditors.
(4) The handling and processing or transformation of the goods by the customer shall always be done in our name and on our behalf. In this case, the expectant right of the customer to the good applies to the transformed object as well. If the purchased goods are processed with other objects not belonging to us, we acquire co-ownership of the new item in proportion to the objective value of our goods to the other processed items at the time of processing. The same applies to the case of mixing. If the mixing is done in such a way that the customer's object is considered the main good, the customer agrees to transfer to us proportionate co-ownership thereof and to maintain the sole ownership or co-ownership on our behalf. To secure our claims against the customer, the customer shall also assign such claims to us that arise by connecting our goods real property against a third party; we accept this assignment.
(5) We agree to release the security interests held against the customer at the latter's request,
if their value does not exceed the amounts receivable from the customer by more than 20%.
§ 11 Warranty and claims for defects as well as recourse/manufacturer redress
(1) The customer's warranty rights assume that the customer has properly met all obligations to inspect and make timely claims as set forth in §377 of the German Commercial Code (HGB).
(2) Warranty claims expire 12 months after delivery of the goods to the customer. Our consent must be obtained before returning any goods.
(3) If, despite all due care, the delivered goods have a defect that existed at the time of transfer of risk, we will at our option repair the goods, subject to timely notice of defect, or replace them. We are always entitled to rectify claims within a reasonable time. Recourse shall remain unaffected by the above regulation.
(4) If subsequent performance fails, the customer may withdraw from the contract. No claims for damages can be made.
(5) Claims for defects do not exist in cases of insignificant deviations from the agreed quality, only minor impairments to the product's usefulness, natural wear and tear and such damage occurring after the transfer of risk due to faulty or negligent handling, excessive strain, unsuitable equipment, defective care particular external influences not assumed under the contract. If the customer or a third party has made improper repairs or modifications to the products, no claims for damages resulting therefore may be made.
(6) All customer claims for expenses related to subsequent performance, including transport, travel, labor and material costs, shall be excluded if the expenses have increased because the goods delivered by us have subsequently been transported to a place other than the delivery address or the customer's headquarters.
(7) Claims of recourse against us is limited to cases where the customer has not made any agreements to warrant claims with its customers that exceed the mandatory statutory warranty claims. Para. 6 above shall also apply to the scope of the right of recourse against the supplier.
(8) If there is fraudulent concealment of a defect or if a warranty for the quality of the goods has been transferred at the time the risk was transferred to the customer as defined by §444 BGB (statement by the seller that the item has a certain property at the time the risk is transferred and that the seller is held strictly responsible for all consequences of its absence), the rights of the customer are limited only to the statutory provisions.
§ 12 Miscellaneous
(1) This agreement and all legal relations between the parties are subject to the laws of the Federal Republic of Germany under exclusion of the UN Sales Convention (CISG).
(2) The place of performance and the exclusive place of jurisdiction for all disputes arising from this contract is our registered office, unless otherwise stated in the order confirmation.
(3) Amendments and additions to this agreement must be in writing. This also applies to changes to this clause. Verbal agreements have not been made.
If any provision of this contract is or shall become invalid or is incomplete or any necessary provision is missing, the remaining provisions shall remain unaffected. The parties agree to replace the invalid provision with a legally valid provision which most closely approximates the economic purpose of the ineffective provision or fills this gap.
11. Platform for the settlement of online disputes
The European Commission will soon have an online platform for online dispute resolution (OS) ready. The link will be posted at this location once the platform exists.