Terms of service
General Terms and Conditions of
HALM Straws GmbH
Managing Director: Sebastian Müller
Danziger Str. 6
10435 Berlin
Phone: +49 (0)30 959994111
Fax: +49 (0)30 959994115
Email: contact@halm.co
- hereinafter referred to as "HALM Straws GmbH" -
1. General provisions/scope
(1) All deliveries, services and offers of HALM Straws GmbH are made exclusively on the basis of these General Terms and Conditions of Delivery. They form part of all contracts that HALM Straws GmbH concludes with its contractual partners (hereinafter also referred to as the "customer") for the deliveries or services it offers. Insofar as the customer is an entrepreneur within the meaning of paragraph 3 sentence 2, they 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 of third parties do 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 the terms and conditions of the customer or of a third party, this does not constitute agreement to the validity of those terms and conditions.
(3) A consumer within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or self-employed professional activity. An entrepreneur within the meaning of these Terms and Conditions is a natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts in the exercise of its trade, business or self-employed professional activity.
2. Provisions and information on the conclusion of the contract
(1) General
All offers made by HALM Straws GmbH merely constitute a non-binding invitation to the customer to submit offers.
(2) Technical steps leading to the conclusion of the contract and formation of the purchase contract
a) Ordering via the online shop
To order one or more items via the online shop, the items must first be earmarked for the order by clicking on the "Basket" link or button. In the "Basket" (which you can reach 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 details requested.
The ordering process is completed when the customer finally clicks on "Buy".
This constitutes the customer's offer to conclude the contract, which HALM Straws GmbH may accept within two working days.
The purchase contract is concluded upon acceptance by HALM Straws GmbH.
After an order receipt has been sent, HALM accepts the offer by means of a separate order confirmation or by delivering the goods.
The purchase contract is concluded upon acceptance by HALM.
By way of derogation from the above, the contract is concluded before the order confirmation is sent if either the order receipt contains a request for payment or the payment process is initiated and completed during or immediately after completion of the ordering process.
b) Ordering by telephone, email, fax or letter
Where expressly offered in the online shop, the contract is concluded as follows when the customer orders by telephone, email, fax or letter:
The customer declares, verbally or in writing, their binding intention to purchase precisely specified items offered 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.
HALM Straws GmbH accepts the offer by sending the dispatch confirmation or by delivering the goods. The purchase contract is thereby concluded
(3) Storage of and access to the contract text
HALM Straws GmbH stores the contract text and sends the customer the order details and the contractual terms by email. HALM Straws GmbH thereby gives the customer the opportunity to retrieve the contractual provisions when the contract is concluded and to save them in a reproducible form. With the exception of the freely accessible Terms and Conditions, access to the contract texts stored by HALM Straws GmbH is only possible for registered customers via their customer account.
(4) Identifying and correcting input errors
To identify and prevent input errors during the ordering process, the customer is shown an overview page before the order becomes effective, with which they can check all the details of the order and correct the data entered, either in the input fields themselves or by using the "Back" button of the internet browser.
(5) Available languages
The language of the contract is German.
3. Prices and terms of payment
(1) The prices displayed at the time of the order apply. Packaging and shipping costs, where charged, are added and shown to the customer in good time. In the case of orders from abroad, it cannot be ruled out that your bank or your country may levy costs or taxes unknown to HALM Straws GmbH, such as (import) duties or processing fees for the payment. These are not costs that are paid over to or invoiced by 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 goods ordered, which is sent to them in text form at the latest when the goods are delivered.
The total purchase price of the goods ordered is payable in accordance with the payment method selected.
(3) Cheques are only deemed payment once they have been cashed.
(4) Vis-à-vis entrepreneurs, HALM Straws GmbH is entitled to carry out deliveries or services only against advance payment or the provision of security.
4. Packaging and shipping costs, transfer of risk
Packaging and shipping costs, where charged, are made known to the purchaser in good time before the ordering process is initiated.
Provisions applicable to entrepreneurs
(1) The risk passes to the customer at the latest when the delivery item is handed over (the start of the loading process being decisive) to the forwarding agent, carrier or other third party appointed to carry out the shipment. This also applies if partial deliveries are made or if HALM Straws GmbH has taken on other services (e.g. shipping or installation). If shipping or handover is delayed owing to a circumstance caused by the customer, the risk passes to the customer from the day on which HALM Straws GmbH is ready to ship and has notified the customer of this.
(2) The method of shipping and the packaging are at the dutiful discretion of HALM Straws GmbH.
(3) The customer bears the storage costs after the 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 completed week. The right to claim and prove higher or lower storage costs remains reserved.
(4) HALM Straws GmbH will 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 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). For shipping by freight forwarder, "delivery free kerbside" is agreed as the place of performance, i.e. delivery is made to your front door, at ground level, without steps.
(2) The delivery times can be found either in the product description or in the separately available shipping information in the shop.
(3) Partial deliveries are possible if the customer
a) has been informed in our withdrawal instructions of this possibility and of the resulting consequences for the right of withdrawal and
b) does not recognisably have no interest in them, and they are not recognisably unreasonable for the customer. They are reasonable if
– the partial delivery can be used by the customer within the scope of the contractual purpose,
– the delivery of the remaining goods ordered is ensured and
– the customer does not incur any significant additional expense or additional
costs as a result, or the seller agrees to bear these costs.
(4) The costs of transport and packaging, where charged, are charged only 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 are always only approximate, unless a fixed period or a fixed date has been expressly promised or agreed. Where shipment has been agreed, delivery periods and delivery dates refer to the time of handover to the forwarding agent, carrier or other third party commissioned with the transport.
(3) Without prejudice to its rights arising from default on the part of the customer, HALM Straws GmbH may 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 meet its contractual obligations towards HALM Straws GmbH.
(4) HALM Straws GmbH is not liable for impossibility of delivery or for delays in delivery insofar as these are caused by force majeure or other events that were not foreseeable at the time the contract was concluded (e.g. operational disruptions of any kind, difficulties in procuring materials or energy, transport delays, strikes, lawful lockouts, shortages 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. If such events make delivery or performance substantially more difficult or impossible for HALM Straws GmbH and the hindrance is not merely temporary, HALM Straws GmbH is entitled to withdraw from the contract. In the case of temporary hindrances, the delivery or performance periods are 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, the customer may withdraw from the contract by immediate written declaration to HALM Straws GmbH.
6. Place of performance and acceptance where the customer is an entrepreneur
(1) The place of performance for all obligations arising from the contractual relationship is 10249 Berlin, unless otherwise specified. If HALM Straws GmbH also owes installation, the place of performance is the place where the installation is to be carried out.
(2) Where acceptance is required, the purchased item is deemed to have been accepted if
a) the delivery and, where HALM Straws GmbH also owes installation, the installation has been completed,
b) HALM Straws GmbH has notified the customer of this with reference to the deemed acceptance under this provision and has requested the customer to accept,
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 equipment into operation) and in this case six working days have passed since delivery or installation, and
d) the customer has failed to accept within this period for a reason other than a defect notified to HALM Straws GmbH that makes use of the purchased item impossible or significantly impairs it.
7. Warranty
Warranty provisions applicable to consumers
(1) Statutory liability for defects applies; in this respect the statutory periods apply.
(2) Should a guarantee be stated in the offer, the statutory liability for defects remains unaffected.
Warranty provisions applicable to entrepreneurs
(1) The warranty period is one year from delivery or, where acceptance is required, from acceptance.
(2) The delivered items must be carefully inspected immediately after delivery to the customer or to the third party designated by the customer. They are deemed to have been approved unless HALM Straws GmbH has received a written notice of defects, in respect of obvious defects or other defects that were identifiable upon 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 of the time at which the defect was identifiable 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. If the notice of defects is justified, HALM Straws GmbH will reimburse the costs of the cheapest shipping route; this does not apply insofar as the costs increase because the delivery item is located somewhere other than the place of intended use.
(3) In the event of material defects in the delivered items, HALM Straws GmbH is initially obliged and entitled, at its choice to be made within a reasonable period, to rectify the defect or to supply a replacement. In the event of failure, i.e. impossibility, unreasonableness, refusal or unreasonable delay of the rectification or replacement delivery, the customer may withdraw from the contract or reduce the purchase price appropriately.
(4) In the case of defects in components from other manufacturers which HALM Straws GmbH cannot remedy for licensing or factual reasons, HALM Straws GmbH will, at its choice, assert its warranty claims against the manufacturers and suppliers for the account of the customer or assign them to the customer. In the case of such defects, warranty claims against HALM Straws GmbH exist under the other conditions and in accordance with these General Terms and Conditions of Delivery only if the judicial enforcement of the aforementioned claims against the manufacturer and supplier was unsuccessful or is futile, for example owing to insolvency. For the duration of the legal dispute, the limitation period for the customer's relevant warranty claims against HALM Straws GmbH is suspended.
(5) Any delivery of used items agreed with the customer in an individual case is made to the exclusion of any warranty.
(6) Claims for damages owing to fault on the part of HALM Straws GmbH are not restricted 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 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 existing current and future claims of HALM Straws GmbH against the customer arising from the supply relationship 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, and the goods covered by the retention of title that take their place in accordance with this clause, are hereinafter referred to as the reserved goods.
(3) The customer stores the reserved goods for HALM Straws GmbH free of charge.
(4) The customer is entitled to process and sell the reserved goods in the ordinary course of business until the enforcement event (paragraph 9) occurs. Pledges and transfers of ownership by way of security are not permitted.
(5) If the reserved goods are processed by the customer, it is agreed that the processing is carried out in the name and for the account of HALM Straws GmbH as manufacturer and that HALM Straws GmbH directly acquires ownership or, if the processing involves materials from 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 HALM Straws GmbH should not acquire such ownership, the customer hereby already transfers its future ownership or, in the above-mentioned ratio, co-ownership of the newly created item to HALM Straws GmbH as security. If the reserved goods are combined or inseparably mixed with other items to form a single item and if one of the other items is to be regarded as the main item, HALM Straws GmbH, insofar as the main item belongs to it, transfers to the customer proportionate co-ownership of the single item in the ratio stated 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, and in the case of co-ownership of the reserved goods by HALM Straws GmbH, proportionately in accordance with the co-ownership share. The same applies to other claims that take the place of the reserved goods or otherwise arise in respect of the reserved goods, such as insurance claims or claims in 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 its own name for the account of HALM Straws GmbH. HALM Straws GmbH may revoke this collection authorisation only in the enforcement event.
(7) If third parties seize the reserved goods, in particular by way of attachment, the customer will immediately draw their attention to the ownership of HALM Straws GmbH and inform HALM Straws GmbH of this in order to enable it to enforce its ownership rights. If 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 is liable to HALM Straws GmbH for these.
(8) HALM Straws GmbH will release the reserved goods and the items or claims taking their place on request, at its choice, 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 of payment (enforcement event), it is entitled to demand the return of the reserved goods.
9. Complaints handling procedure, dispute resolution procedure
The procedure of HALM Straws GmbH for handling complaints meets the requirements of professional diligence. Should the customer therefore wish to make a complaint, they may do so in writing or verbally using any of the means of communication and addresses/numbers stated here. Prompt processing 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 exist if, when concluding the contract, the customer acts in the exercise of their trade, business or self-employed professional activity and therefore as an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB).
Furthermore, the right of withdrawal does not exist for contracts
- for the delivery of goods that are not prefabricated and for whose production an individual selection or specification by the consumer is decisive, or which are clearly tailored to the personal needs of the consumer;
- for the delivery of goods that can spoil quickly or whose expiry date would quickly be exceeded;
- for the delivery of alcoholic beverages whose price was agreed when the contract was concluded, 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 influence;
- for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts.
- for consumers, insofar as the order is placed from and the consignment is sent to a country that is not a member of the European Union.
The right of withdrawal expires prematurely for contracts
- for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene, if their seal has been removed after delivery;
- for the delivery of goods if, after delivery, they have been inseparably mixed with other goods owing to their nature;
- for the delivery of audio or video recordings or computer software in sealed packaging, if the seal has been removed after delivery.
11. Information on the German Packaging Ordinance
We point out 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 remaining provisions is not affected. This applies in particular to the contract already concluded. The invalid clause is replaced by the statutory provision. This applies otherwise only if, in this case, adherence to the contract would constitute an unreasonable hardship for one contracting party. The contract is then invalid as a whole.
(2) With regard to all legal relationships arising from this contractual relationship, the contractual partners agree that the law of the Federal Republic of Germany applies, 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 by the mandatory provisions of the state in which the consumer has their habitual residence. In the latter case, the law of the state in which the consumer has their habitual residence applies.
(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 remain unaffected by this provision.