Terms & Conditions

General Terms and Conditions of
HALM Straws GmbH
Managing Director: Sebastian Müller
Danziger Str. 6
10435 Berlin
Telephone: +49 (0)30 959994111
Fax: +49 (0)30 959994115
Email: contact@halm.co

- hereinafter referred to as "HALM Straws GmbH" -

1. General/Scope

(1) All deliveries, services, and offers of HALM Straws GmbH shall be made exclusively on the basis of these General Terms and Conditions of Delivery. They are an integral part of all contracts that HALM Straws GmbH concludes with its contractual partners (hereinafter also referred to as the "Customer") regarding the deliveries or services offered by it. Insofar as the Customer is an entrepreneur within the meaning of paragraph 3 sentence 2, they shall also apply 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 an individual case. Even if HALM Straws GmbH refers to a letter that contains or refers to terms and conditions of the Customer or a third party, this shall not constitute consent to the validity of those terms and conditions.

(3) A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to their commercial or self-employed professional activity. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or self-employed professional activity.

2. Provisions and information on the conclusion of the contract

(1) General

All offers of HALM Straws GmbH merely constitute a non-binding invitation for the Customer to submit offers.

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

a) Order via the online shop

To order one or more items via the online shop, the items must first be marked for ordering by clicking the "Shopping Basket" link or button. In the "Shopping Basket" (which you can access at any time via a link in the shop), you will then be guided through the ordering process, with each step explained and the required information requested.

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

This constitutes the Customer's offer to conclude the contract, which HALM Straws GmbH may accept within two working days.

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

Acceptance of the offer by HALM shall take place - after the order confirmation has been sent - by separate order confirmation or delivery of the goods.

Upon acceptance by HALM, the purchase contract is concluded.

Notwithstanding the above, the contract is concluded before the order confirmation is sent if either the order confirmation includes a payment request or if the payment process is initiated and completed during or immediately after completion of the ordering process.

b) Order by telephone, email, fax or letter

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

The Customer declares orally or in writing their binding intention to purchase specifically designated items from the offer in the online shop. This constitutes the Customer's offer to conclude the contract, which HALM Straws GmbH may accept within five days of receipt.

Acceptance of the offer by HALM Straws GmbH shall take place by sending the dispatch confirmation or by delivery of the goods. This concludes the purchase contract

(3) Storage of and access to the contract text

HALM Straws GmbH stores the contract text and sends the Customer the order data and the contractual terms by email. In this way, HALM Straws GmbH gives the Customer the opportunity to access the contractual provisions at the time the contract is concluded and to save them in a reproducible form. Access to the contract texts stored by HALM Straws GmbH is only possible for registered customers via the customer account, with the exception of the publicly accessible General Terms and Conditions.

(4) Identification and correction of input errors

To identify and prevent input errors during the ordering process, the customer is shown an overview page for review before placing the binding order, which allows them to check all details of the order and correct the entered data in the input fields themselves or by using the internet browser's "Back" button.

(5) Available languages

The contract language is German.

3. Prices and payment terms

(1) The prices displayed at the time of the order shall apply. Packaging and shipping costs, insofar as such costs are charged, shall be billed additionally and displayed to the Customer in due time. In the event of an order from abroad, it cannot be ruled out that your bank or your country may charge costs or taxes unknown to HALM Straws GmbH, such as import duties or payment processing fees. These are not costs that are remitted or invoiced by HALM Straws GmbH.

(2) HALM Straws GmbH accepts all payment methods specified on the website. HALM Straws GmbH shall issue the Customer an invoice for the ordered goods, which shall be sent to them in text form no later than upon delivery of the goods.

The total purchase price of the goods ordered is payable depending on the selected payment method.

(3) Cheques are only deemed payment once they have been cashed.

(4) With respect to entrepreneurs, HALM Straws GmbH is entitled to render deliveries or services only against advance payment or provision of security.

4. Packaging and shipping costs, transfer of risk

Packaging and shipping costs, insofar as these are charged, will be communicated to the customer in good time before the ordering process is completed.

Provisions applicable to entrepreneurs

(1) The risk shall pass to the Customer at the latest upon handover of the delivery item to the freight forwarder, carrier, or other third party designated to carry out the shipment, whereby the start of the loading process shall be decisive. This shall also apply if partial deliveries are made or if HALM Straws GmbH has assumed other services (e.g. shipping or installation). If shipment or handover is delayed due to a circumstance the cause of which lies with the Customer, the risk shall pass to the Customer on the day on which HALM Straws GmbH is ready for dispatch and has notified the Customer thereof.

(2) The method of shipment and the packaging shall be subject to the dutiful discretion of HALM Straws GmbH.

(3) The Customer shall bear the storage costs after the risk has passed. In the event of storage by HALM Straws GmbH, the storage costs shall amount to 0.25% of the invoice amount of the delivery items to be stored for each elapsed week. The assertion and proof of higher or lower storage costs remain reserved.

(4) The shipment shall only be insured by HALM Straws GmbH against theft, breakage, transport, fire, and water damage or other insurable risks at the express request of the Customer and at the Customer's expense.

5. Delivery and delivery times

Provisions applicable to consumers

(1) Goods are delivered to the customer by third-party providers (delivery services). In the case of freight forwarding, the place of performance is agreed as "kerbside delivery", i.e. delivery is made to just outside your front door, at ground level, without steps.

(2) Delivery times can be found either in the product description or in the separate shipping information available in the shop.

(3) Partial deliveries are possible if the customer

a) was informed of this possibility and the resulting consequences for the right of withdrawal in our cancellation policy, and

b) clearly has no lack of interest in them and they are not clearly unreasonable for them. Reasonableness exists if

– the partial delivery can be used by the customer within the scope of the contractually intended purpose,

– delivery of the remaining ordered goods is ensured, and

– this does not result in significant additional effort or additional

costs for the customer, or the seller agrees to bear these costs.

(4) Transport and packaging costs, insofar as these are charged, are only billed once in the case of partial deliveries.

Provisions applicable to entrepreneurs

(1) Deliveries are made ex 10249 Berlin .

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

(3) HALM Straws GmbH may - without prejudice to its rights arising from the Customer's default - demand from the Customer an extension of delivery and performance periods or a postponement of delivery and performance dates by the period during which the Customer fails to fulfil their contractual obligations towards HALM Straws GmbH.

(4) HALM Straws GmbH shall not be liable for impossibility of delivery or for delays in delivery insofar as these are caused by force majeure or other events unforeseeable at the time of conclusion of the contract (e.g. operational disruptions of all kinds, difficulties in procuring materials or energy, transport delays, strikes, lawful lockouts, shortage of labour, energy, or raw materials, difficulties in obtaining necessary official permits, official measures, or the failure of suppliers to deliver, to deliver correctly, or to deliver on time) for which HALM Straws GmbH is not responsible. Insofar as such events significantly impede or render impossible the delivery or service by HALM Straws GmbH and the hindrance is not only of temporary duration, HALM Straws GmbH shall be entitled to withdraw from the contract. In the event of hindrances of temporary duration, the delivery or performance periods shall be extended, or the delivery or performance dates postponed, by the duration of the hindrance plus a reasonable start-up period. If, as a result of the delay, the Customer cannot reasonably be expected to accept the delivery or service, they may withdraw from the contract by immediate written declaration to HALM Straws GmbH.

6. Place of performance and acceptance, insofar as the customer is an entrepreneur

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

(2) Insofar as acceptance must take place, the purchased item shall be deemed accepted if

a) the delivery and, insofar as HALM Straws GmbH also owes installation, the installation have been completed,

b) HALM Straws GmbH has informed the Customer thereof with reference to the deemed acceptance under this provision and has requested acceptance from the Customer,

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

d) the Customer has failed to declare acceptance within this period for a reason other than a defect notified to HALM Straws GmbH that makes the use of the purchased item impossible or significantly impairs it.

7. Warranty

Warranty provisions applicable to consumers

(1) Statutory liability for defects applies; the statutory limitation periods apply in this respect.

(2) If a guarantee is stated in the offer, this shall not affect the statutory liability for defects.

Warranty provisions applicable to entrepreneurs

(1) The warranty period is one year from delivery or, insofar as acceptance is required, from acceptance.

(2) The delivered items must be carefully inspected without undue delay after delivery to the Customer or to the third party designated by them. They shall be deemed approved if HALM Straws GmbH has not received a notice of defects in writing regarding obvious defects or other defects that were recognisable in an immediate, careful inspection within seven working days after delivery of the delivery item, or otherwise within seven working days after discovery of the defect or the time at which the defect would have been recognisable to the Customer in normal use of the delivery item without closer inspection. At the request of HALM Straws GmbH, the objected delivery item shall be returned carriage paid to HALM Straws GmbH. In the event of a justified notice of defects, HALM Straws GmbH shall reimburse the costs of the cheapest shipping method; this shall not apply insofar as 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 shall initially be obliged and entitled, at its choice to be made within a reasonable period, to remedy the defect or make a replacement delivery. In the event of failure, i.e. impossibility, unreasonableness, refusal, or unreasonable delay of the remedy or replacement delivery, the Customer may withdraw from the contract or reduce the purchase price appropriately.

(4) In the event of defects in components from other manufacturers that HALM Straws GmbH cannot remedy for licensing or factual reasons, HALM Straws GmbH shall, at its choice, 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 for such defects shall exist under the other conditions and in accordance with these General Terms and Conditions of Delivery only if judicial enforcement of the aforementioned claims against the manufacturer and supplier was unsuccessful or is futile, for example due to insolvency. During the duration of the legal dispute, the limitation period for the relevant warranty claims of the Customer against HALM Straws GmbH shall be suspended.

(5) In individual cases, the delivery of used items agreed with the customer is made excluding 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

Provisions on retention of title applicable to consumers

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

Provisions on retention of title applicable to entrepreneurs

(1) The retention of title agreed below serves to secure all current and future claims of HALM Straws GmbH against the Customer arising from the supply relationship existing between the contracting parties (including balance claims from a current account relationship limited to this supply relationship).

 

(2) The goods delivered by HALM Straws GmbH to the Customer shall remain the property of HALM Straws GmbH until all secured claims have been paid in full. The goods and the goods replacing them under this clause that are subject to retention of title are hereinafter referred to as reserved goods.

 

(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 occurrence of the enforcement event (paragraph 9). 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 shall be carried out in the name and for the account of HALM Straws GmbH as manufacturer and that HALM Straws GmbH shall directly acquire ownership or - if the processing is carried out from materials of several owners or the value of the processed item is higher than the value of the reserved goods - co-ownership (fractional ownership) of the newly created item in the ratio of the value of the reserved goods to the value of the newly created item. In the event that no such acquisition of ownership by HALM Straws GmbH should occur, the Customer hereby already assigns to HALM Straws GmbH by way of security their future ownership or - in the aforementioned ratio - co-ownership of the newly created item. If the reserved goods are combined or inseparably mixed with other items to form a single item and one of the other items is to be regarded as the main item, HALM Straws GmbH shall, insofar as it owns the main item, transfer co-ownership of the single item to the Customer on a pro rata basis in the ratio specified in sentence 1.

(6) In the event of resale of the reserved goods, the Customer hereby already 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, proportionately according to the co-ownership share. The same shall apply to other claims replacing the reserved goods or otherwise arising in relation 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 their own name for the account of HALM Straws GmbH. HALM Straws GmbH may revoke this direct debit authorisation only in the event of realisation.

(7) If third parties gain access to the reserved goods, in particular by attachment, the Customer shall immediately inform them of the ownership of HALM Straws GmbH and shall inform HALM Straws GmbH thereof in order to enable it to enforce its ownership rights. Insofar as the third party is not in a position to reimburse HALM Straws GmbH for the judicial or extrajudicial costs incurred in this connection, the Customer shall be liable to HALM Straws GmbH for these costs.

(8) HALM Straws GmbH shall release the reserved goods as well as the items or claims replacing them at its discretion upon request insofar as 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 conduct by the Customer in breach of contract - in particular default in payment - (event of realisation), it shall be entitled to demand surrender of the reserved goods.

9. Procedure for handling complaints, dispute resolution procedure

HALM Straws GmbH's procedure for handling complaints complies with the requirements of professional diligence. Should the Customer therefore wish to submit complaints, they may do so in writing or orally using any of the means of communication and addresses/numbers stated here. Prompt handling is assured.

Please note that HALM Straws GmbH is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

10. Exclusion or premature expiry of the right of withdrawal

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

The right of withdrawal also does not apply to contracts

- for the supply of goods that are not prefabricated and for the manufacture of which an individual selection or specification by the consumer is decisive, or which are clearly tailored to the consumer's personal needs;

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

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

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

- in the case of consumers, insofar as the order is placed from and the shipment is sent to a country that is not a member of the European Union.

The right of withdrawal expires prematurely in the case of contracts

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

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

- for the supply of audio 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 note that, in accordance with the statutory requirements, we are affiliated with an approved dual system.

12. Final provisions

(1) Should any provision of these General Terms and Conditions be invalid, the validity of the other provisions shall remain unaffected. This applies in particular to the contract already concluded. The statutory provision shall replace the invalid clause. This shall not apply only if, in this case, adherence to the contract would constitute an unreasonable hardship for one of the contracting parties. In that case, the contract as a whole shall be invalid.

(2) The contracting parties agree that all legal relationships arising from this contractual relationship shall be governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods, unless this would deprive the consumer of the protection granted to them by the mandatory provisions of the state in which they have their habitual residence. In the latter case, the law of the state in which the consumer has their habitual residence shall apply.

(3) The place of jurisdiction for all disputes in connection with the delivery transaction is the provider's registered office 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 remain unaffected by this provision.