1. Information on the seller; scope of application
1. The seller and therefore your contractual partner is: Hellpower Energy e.U. F.W. Raiffeisenplatz 5, 3464 Hausleiten, Austria (hereinafter referred to as "Seller").
2. These terms and conditions apply to sales contracts between the Seller and customers with delivery address in the territory of the European Union.
2. Conclusion of contract; storage of contract/order data
1. The contract is concluded in the German language.
2. The presentation of the product offer on the Internet by the Seller does not constitute a legally binding offer, but is merely to be understood as an invitation to the customer to make a binding purchase offer on his part. The contract is concluded according to the following stipulations:
a. You submit your contract offer with your order in the online shop. When placing an order in the online shop, you must click on the "Order" button after checking and confirming the entries for the goods ordered and after entering your personal data, including information on the method of payment, as well as checking and, if necessary, correcting your entries.
b. We accept your contractual offer by delivering the ordered goods. If you have provided us with a valid email address, you will receive confirmation of your order by email. This order confirmation does not constitute a declaration of acceptance.
3. You can and should save these general terms and conditions as well as any further order/contract data sent with the order confirmation and/or print them out using the "print" button. The order/contract data is stored by us. Should you lose your order/contract data, we will be happy to send you a copy of your order/contract data on request.
3. Revocation instructions
1. Right of revocation
2. Exclusions from the right of revocation
The right of revocation does NOT apply to contracts for the delivery of
a. goods which are manufactured according to customer specifications or clearly tailored to personal needs, or
b. goods which, due to their nature, are not suitable for return or can spoil quickly or whose expiration date would be exceeded, or
c. audio or video recordings or software if the delivered data carriers have been unsealed by the consumer, or
d. newspapers, magazines, and periodicals.
3. Revocation consequences
The consumer is obliged to return the goods when exercising the right of revocation if the goods can be sent by parcel. The return is at our risk. The consumer shall bear the direct costs of the return shipment if the delivered goods correspond to the ordered goods and if the consumer, in the case of a higher price, has not yet provided the consideration or a contractually agreed partial payment at the time of revocation.
In the event of an effective revocation, the services received by both parties shall be returned and any benefits derived (e.g. interest) shall be surrendered. If the consumer is unable to return the service received to us in whole or in part or only in a deteriorated condition, he must compensate us for the value to this extent. This does not apply if the deterioration of the goods is exclusively due to their inspection as would have been possible in a retail shop. Furthermore, the consumer can avoid the obligation to pay compensation by not using the goods as if they were his property and by refraining from doing anything that could impair their value. Obligations to refund payments must be fulfilled by the consumer within 30 days of sending his notice of revocation.
The right to warranty due to defective goods or goods that do not correspond to the ordered goods shall not be affected by the right of revocation.
End of the revocation instructions
4. Order number
In order to ensure the smooth processing of your return shipment and to speed up the returns processing process, we ask you, when returning your parcel, to provide it with the order number of the purchase process. The order number enables a smooth and faster return process.
5. Delivery, prices, shipping costs, fees
1. Unless otherwise agreed, the goods will be delivered from the warehouse to the specified delivery address
- with payment by cash on delivery within 15 days of receipt of your order at the latest, or
- with advance payment within 15 working days of receipt of payment, provided that a clear reference to the order is possible on the basis of the data provided with the transfer, or
- with a credit card payment within 15 working days of the credit card being debited.
Delivery is carried out by Österreichische Post AG or by a parcel service provider.
2. The Seller is entitled to make partial deliveries as far as these are reasonable for the customer. No further forwarding expenses result for possible subsequent deliveries. Should the goods ordered by you not be available and the contract with you has not yet been concluded, we reserve the right to offer you a product equivalent in price and quality. You are free to accept or reject this offer. If the contract has already been concluded, both contractual parties may withdraw from the contract in the event that the ordered goods are not available. In the event of rescission, we will inform you immediately of the non-availability and reimburse any payments already made by you without delay.
3. For the shipment and packaging of the ordered goods costs (hereinafter: shipping costs) are incurred, unless otherwise specified (e.g. in the context of free shipping promotions). The shipping costs stated within the scope of the presentation of the goods and/or the description of the offer shall apply in each case.
4. When exchanging articles for a different size, a flat exchange fee of up to 15.00 EUR (depending on the value of the goods) is charged in individual cases for the postage and processing costs incurred. Of course, this fee will not be charged if you make justified use of your right of revocation (cf. § 3) or your statutory warranty right.
6. All prices stated in these GTC and in our online shops are inclusive of the legally applicable value added tax.
The statutory warranty provisions apply.
For damages to a person (injury to life, body, or health) the Seller is liable without limitation. For other damages, in particular material damages and pure financial losses, the Seller is liable only for grossly negligent or intentional culpable conduct. With regard to damage to property, however, liability for damage caused merely by slight negligence is excluded.
8. Terms of payment
1. You must pay for the ordered goods in advance (prepayment). The Seller provides you with various payment options for processing your order:
a. In the case of a payment by cash on delivery (only Austria), the payment takes place to the deliverer exclusively in cash. Cash on delivery charges amounting to 8.90 EUR in Austria are to be paid to the deliverer.
b. In the case of an order in the online shop, you can transfer the payment amount in advance to our account. You will receive the account details required for the advance transfer in text form, e.g. by email. There are no transaction costs for the advance transfer. After receipt of the payment we immediately arrange the delivery of the ordered goods to you.
c. In the case of payment by credit card, the invoice amount will be debited from your credit card account immediately after your order. We accept Visa and MasterCard credit cards. There are no credit card fees for orders in the online shop. After receipt of the payment confirmation we promptly arrange the delivery of the ordered commodity to you.
2. To safeguard against the risk of payment defaults, we reserve the right, in the event of justified doubts as to your solvency or creditworthiness, to carry out a delivery only with advance payment by means of advance transfer or to reject the delivery.
3. The Buyer may only offset claims which are undisputed, have been legally established, or have been expressly recognised by the Seller.
9. Data protection
1. The Seller stores the order data required for contract processing (name, address, and your email address, if you have indicated this when placing your order in the online shop, for example). The data required for the shipment of goods (name, address) will be passed on to our contract partner (logistician) if required for the purpose of shipping the goods. For internal order control purposes, we also store the data required for this purpose, such as the time of your order and the date of dispatch of the delivery to you.
2. Your order data (name, address) will be collected, processed and used by us for purposes of advertising, market, and opinion research. You are of course entitled to object to this use of your data by the Seller at any time. If we have received your email address in connection with the sale of goods or services, we will use that address for direct marketing of our own similar goods or services. You are of course entitled to object to this use of your data by the Seller at any time.
You can send an objection to:
Hellpower Energy e.U. F.W. Raiffeisenplatz 5, 3464 Hausleiten, Austria.
3. Your order and payment data are processed and used by us for the purpose of an internal evaluation of payment behaviour for further orders.
10. Retention of title
The goods delivered to you remain the property of the Seller until payment has been made in full.
11. Final provisions
1. These GTC are subject exclusively to Austrian law excluding the UN Convention on Contracts for the International Sale of Goods.
2. Should any provision of these GTC be or become invalid, unenforceable, or void for whatever reason, this shall not affect the validity of the remaining provisions.
3. The place of jurisdiction is Korneuburg. Austrian law applies.