General terms and conditions
The following T&Cs apply to all orders placed via our online shop.
These T&Cs also apply to businesses for future commercial relations without the need for any formal expression thereof. Unless expressly approved by us to the contrary, we cannot accept the contractual validity of any conflicting or complementary general terms and conditions used by any business.
2. Contractual partner, formation of contract
The purchase contract is concluded with Der Himmlische Höllein e.K..
The display of products within the online shop constitutes a binding offer on our part to enter into a contract vis-à-vis the items. You may place our products in your basket without obligation and amend your entries at any time prior to submitting a binding order by using the correction facilities that are provided for this purpose and explained during the ordering process. The contract is formed by clicking on the order button which indicates your acceptance of our offer concerning the goods contained in your basket. Once you have sent your order you will immediately receive a confirmation via e-mail.
3. Contract language, saving of the contract text
The languages available for concluding the contract are German and English.
We save the text of the contract and forward the order data and our T&Cs to you by e-mail. You may also view the text of the contract in our customer login area.
4. Delivery conditions
Delivery costs are added to the product prices as displayed. Delivery charges are explained within individual product offers.
You are entitled to collect your order from Der Himmlische Höllein e.K., Inhaber: Stefan Höllein, Glender Weg 6 , 96486 Lautertal, Germany during the following hours of business: Mon, Tue, Thu 2.30 p.m. to 5.30 p.m., Fri 12 - 5.30 p.m., except public holidays. You may also pay here with EC card and your signature.
The following payment methods are basically available in our online shop:
If you select advance payment we provide you with our bank details in a separate e-mail and deliver the goods on receipt of funds.
Cash on delivery
You will directly pay the purchase price with the deliverer. Additional cost of 6,66 Euro will apply, unless you are a consumer who has his habitual residence in France or Austria.
With the submission of the order, you are sending us your credit card details at the same time.
After your identification as the legal cardholder, directly after the order, we will ask your credit card company to initiate the payment transaction. The payment transaction is automatically carried out by the credit card company and charged to your card.
Direct debit process
With the placement of the order, you are granting us a direct debit mandate. We will inform you separately about the date of debiting the account in an advance notification (pre-notification). With the submission of the direct debit, we request our bank to initiate the payment transaction. The payment transaction is automatically carried out and your account is debited.
Debiting the account takes place after shipping the goods. The time limit for pre-notification regarding the date for debiting the account (pre-notification period), is 3 days.
During the ordering process you will be forwarded to PayPal's online website. To pay the invoice amount via PayPal, you must be registered there or register first, identify yourself with your access data and confirm the payment instructions to us. After submitting your order in the shop we instruct PayPal to initiate the payment transaction. Directly afterwards, the payment transaction is carried out automatically by PayPal. You will receive additional information during the ordering process.
You may pay for your purchase by means of bank transfer after you have received the goods together with the invoice. We reserve the right to allow payment by invoice only after we verify your credit rating.
Cash payment on collection
You may pay the invoice amount in cash on collection.
6. Retention of title
The goods shall remain our property until full payment is made.
For businesses, the following applies additionally: We reserve ownership of the goods until complete settlement of all claims arising from a current business relationship. You may resell reserved goods in ordinary business operations; you shall assign any claims arising from this resale – irrespective of connecting or mixing of the reserved goods with a new item - in the amount of the invoice amount to us in advance, and we accept this assignment. You remain authorised to collect the claims; however, we may likewise collect the claims ourselves, should you fail to fulfil your payment obligations.
7. Damage during delivery
For consumer the following applies:
If the goods are delivered with obvious damage caused during delivery, please report the defect to the carrier and notify us without delay. Failure to make a complaint or to make contact does not in any way affect your legal rights or the enforcement of such rights, notably your warranty rights. However, in doing so you help us to assert our own claims against the carrier or transport insurer.
Applicable to businesses:
The risks of accidental loss or deterioration of the goods will transfer to you once we have submitted the item to the haulier, carrier or other contractor for forwarding to the defined person or establishment. "Kaufleute" as defined by the German Commercial Code (HGB) are subject to the inspection and notification requirements set out in § 377 HGB: The purchaser must examine the goods immediately after their delivery by the vendor, as far as this is practicable in the ordinary course of business, and upon the discovery of any defect must immediately give notice thereof to the vendor. Should you fail to comply with the instructions set out therein; the goods will be deemed to have been approved unless the defect was not detectable on inspection. This shall not apply if a given defect has been concealed by us deceitfully.
8. Warranty and guarantees
We are under a legal duty to supply products that are in conformity with this contract.
For consumers, statutory warranty rights governed by the law of the country where the consumer has his habitual residence apply. Information on any additional guarantees and their precise conditions that may apply can be found next to the product and on specific information pages in the shop, if applicable.
We shall in any case be liable without limitation for claims due to damages that have been caused by us, our legal representatives or legal agents
•for injury to life, limb or health
•for deliberate or grossly negligent breach of duty
•for guarantee commitments, where agreed
Except these cases, our civil law liability is limited to the foreseeable and direct damages at the time of contract conclusion.
10. Online dispute resolution
The European Commission provides a platform for online dispute resolutions (ODR) which can be accessed at https://ec.europa.eu/consumers/odr/.
In order to settle disputes arising from a contractual relationship with a consumer or from whether such a contractual relationship exists at all, we will participate in dispute settlement proceedings before a consumer dispute resolution body. Consumers can contact their national European Consumer Centre in this regard. The respective contact details of the individual ECCs can be found at https://www.evz.de/en/alternative-dispute-resolution/adr-in-europe/.
11. Final provisions
If you are a business, German law applies, to the exclusion of the UN Sales Convention.
If you are a "Kaufmann" within the meaning of the German Commercial Code (HGB), public-law legal entity or special public-law fund, the exclusive legal jurisdiction for all disputes from contractual relationships between us and you is our registered office.
Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
Der Himmlische Höllein e.K.
Inhaber: Stefan Höllein
Glender Weg 6
D 96486 Lautertal
Fax: +49 (0)9561 - 861 671
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*)
Ordered on _________________ (*)/received on (*) _________________
Name of consumer(s) ___________________________________
Address of consumer(s)
Signature of consumer(s)
(only if this form is notified on paper) ____________________________
(*) Delete as appropriate.
Identity of the seller
Der Himmlische Höllein e.K. Inhaber: Stefan Höllein
Glender Weg 6
D 96486 Lautertal
Phone: +49 (0)9561 - 555 999
Products you can put obligation by clicking the buttons or by entering the quantity 0 in the quantity field of the shopping cart position again remove from the cart.
If you want to buy the products in your cart, click "Checkout now" button.
Please then enter your data. The mandatory fields are marked with a *. Your data is encrypted for transmission.
After entering your data, select the payment method and time of delivery will take you to the order page where you can check your entries again. By clicking the "Purchase" you complete the ordering process. The process can be interrupted at any time by closing the browser window. On the individual pages for more information, such as to corrections.
The contract text is stored on our internal systems. The general terms and conditions, you may at any time on this page. The order information will be sent to you via e-mail. Your last order data can be found in our customer login area.