§ 1 Scope of application and provider

1. These General Terms and Conditions apply to all orders placed with the online store of
   
   HelpYourRobot
   Proprietor Dr.-Ing. Stefan Stümper
   Pappenbergerstraße 17
   85072 Eichstätt
   
   to operate.
   
2. The goods offered in our online store are aimed exclusively at buyers who have reached the age of 18. 
   
3. Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. The General Terms and Conditions therefore also apply to all future business relationships with companies, even if they are not expressly agreed again . The inclusion of the General Terms and Conditions of a customer,   is subject to our General Terms and Conditions. 
   Terms and Conditions are hereby objected to. 
   
4. The contract language is exclusively German. 
   
5. You can view the currently valid General Terms and Conditions on the website
   https://www.helpyourrobot.de/allgemeine-geschaftsbedingungen
   and print them out. 

§ 2 Conclusion of contract

1. The presentation of goods in the online store does not constitute a binding application for the conclusion of a purchase contract. Rather, it is a non-binding invitation to order goods in the online store.
   
   
2. By clicking the “Submit order” button, you submit a binding purchase offer (§ 145 BGB). You can check your order again immediately before submitting it to   and correct it if necessary.
   
   
3. After receipt of the purchase offer, will send you an automatically generated e-mail confirming that we have received your order (confirmation of receipt). This confirmation of receipt does not constitute acceptance of your purchase offer. A contract is not yet concluded by the confirmation of receipt .
   
   
4. A purchase contract for the goods is only concluded when we expressly declare acceptance of the purchase offer (order confirmation) or when we send the goods – without prior express declaration of acceptance – to you . Exception: in the case of payment in advance and PayPal, accepts the order immediately when you place it.

§ 3 Prices

1. The prices stated on the product pages are end consumer prices, include statutory VAT and are exclusive of VAT. of the respective shipping costs.
   

§ 4 Terms of payment; default

1. Payment can be made to either by:
   – Bank transfer
   – Paypal or
   – AmazonPay.
   
   
2. We are responsible for selecting the available payment methods. In particular, we reserve the right to offer you only selected payment methods for payment, for example, to secure our credit risk only prepayment.
   
   
3. If you choose to pay in advance, we will provide you with our bank details in the order confirmation.  The invoice amount is to be transferred to our account within 10 days of receipt of the order confirmation.
   
   
4. When paying by cash on delivery, an additional fee of EUR 6.90   will be charged by the deliverer on site. Further costs and taxes are not incurred .
   
   
5. When paying by credit card, the purchase price is reserved on your credit card at the time of ordering (authorization). The actual debit of your credit card account takes place at the time when we send the goods to you .
   
   
6. When paying with PayPal, you will be redirected to the website of the online provider PayPal during the ordering process. In order to be able to pay the invoice amount via PayPal, you must be registered there or first register , legitimize with your access data and confirm the payment order to us. After placing the order in the store, we request PayPal to initiate the payment transaction. Further information can be found at during the ordering process. The payment transaction is carried out automatically by PayPal immediately afterwards.
   
   
7. When paying by direct debit, you may have to bear the costs incurred as a result of a chargeback of a payment transaction due to insufficient funds in your account or due to incorrect bank details provided by you.
   
   
8. If you are in arrears with a payment, you are obliged to pay the statutory default interest of 5 percentage points above the prime rate. You will be charged a reminder fee of EUR 2.50 for each reminder sent to you after the default has occurred, unless can prove lower or higher damages in individual cases.

§ 5 Offsetting / right of retention

1. You shall only be entitled to set-off if your counterclaim has been legally established, is not disputed by us or recognized by or is in a close synallagmatic relationship to our claim. 
   
   
2. You may only exercise a right of retention insofar as your counterclaim is based on the same contractual relationship.

§ 6 Delivery; retention of title

1. Unless otherwise agreed, will deliver the goods from our warehouse to the address you specify.
   
2. The goods remain our property until the purchase price has been paid in full.
   
3. By way of exception, we are not obliged to deliver the ordered goods, if we have duly ordered the goods but have not been supplied correctly or on time (congruent covering transaction). The prerequisite is that we are not responsible for the unavailability of the goods and have informed you of this circumstance immediately. In addition, we must not have assumed the risk of procuring the ordered goods . If the goods are unavailable, will immediately refund any payments already made. We do not assume the risk of having to procure goods ordered from (procurement risk). This also applies to orders for goods that are only described according to their type and their characteristics (generic goods). We are only obliged to deliver from our stock of goods and the goods ordered by us from our suppliers.
   
4. If you are an entrepreneur within the meaning of § 14 BGB, the following also applies:
   – We reserve title to the goods until full settlement of all claims arising from the current business relationship. Prior to the transfer of title to the reserved goods, pledging or transfer by way of security is not permitted.
   – You may resell the goods in the ordinary course of business. For this case, you hereby assign to us all claims in the amount of the invoice amount that accrue to you from the resale. We accept the assignment, but you are authorized to collect the claims. If you do not properly meet your payment obligations , we reserve the right to collect claims ourselves.
   – If the reserved goods are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
   – We undertake to release the securities to which we are entitled at the request of to the extent that the realizable value of our securities exceeds the claims to be secured by more than 10%. We shall be responsible for selecting the securities to be released . 

§ 7 Cancellation policy

In the event that you are a consumer within the meaning of Section 13 of the German Civil Code (BGB), i.e. you are making the purchase for purposes which cannot be predominantly attributed to your commercial or independent professional activity, you have a right of withdrawal in accordance with the following provisions. 

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which you or a third party named by , who is not the carrier, have taken possession of the goods .

To exercise your right of withdrawal, you must send us 

Company:
HelpYourRobot
Owner Dr.-Ing. Stefan Stümper
Pappenbergerstrasse 18
85072 Eichstätt

E-Mail:            Kontakt@HelpYourRobot.de

of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail) to . You can use the attached sample withdrawal form , but this is not mandatory.

To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of revocation

If you withdraw from this contract, we will have refunded you all payments that we received from you, including the delivery costs (with the exception of the additional costs arising from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us ), immediately and at the latest within fourteen days from the day on which the notification of your revocation of this contract has been received by us. For this repayment, we will use the same payment method that you used for the original transaction, unless expressly agreed otherwise with ; in no case will you be charged any fees for this repayment.

We may withhold reimbursement until we have received the goods back or until you have supplied evidence that you have returned the goods , whichever is the earliest .

You must return the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract . The deadline is met if you send the goods before the period of fourteen days has expired.

You bear the direct costs of returning the goods.

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods. 

Sample withdrawal form

If you wish to revoke the contract, then please fill out this form and send it back to us.

To

Company:
HelpYourRobot
Owner Dr.-Ing. Stefan Stümper
Pappenbergerstrasse 18
85072 Eichstätt

E-Mail:            Kontakt@HelpYourRobot.de

I/we (*) hereby revoke the authorization granted by contract concluded with me/us (*) concerning 

the purchase of the following goods (*):

Ordered on (*)/ received on (*):

Name of the consumer(s):

Address of the consumer(s):

Signature of the consumer(s) (only for communication on paper)

Date

(*) Delete as appropriate.

1. The right of withdrawal does not apply to the delivery of
   • of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer (e.g. vacuum robot ramps manufactured exactly according to your specifications),
   • sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery,
   • of goods if they have been inseparably mixed with other goods after delivery due to their nature,
   • of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery,
   • of newspapers, magazines or periodicals with the exception of subscription contracts.
     
     
2. Please avoid damage and soiling. If possible, please return the goods to us in their original packaging with all accessories and with all packaging components. Use protective outer packaging if necessary. If you no longer have the original packaging, please use suitable packaging to ensure adequate protection against transport damage in order to avoid claims for compensation due to damage caused by defective packaging.
   
   
3. Please call us on +49 151 23233135 to notify us of the return before sending it back. In this way, you enable us to allocate the products as quickly as possible.
   
   
4. Please note that the modalities mentioned in the above paragraphs 2 and 3 are not a prerequisite for the effective exercise of the right of withdrawal.

End of the withdrawal policy

§ 8 Transport damage

1. If goods are delivered with obvious transport damage, please complain about such defects immediately to the deliverer and contact us as soon as possible.
   
   
2. Failure to make a complaint or contact us has no consequences for your statutory warranty rights. However, they help us to assert our own claims against the carrier or the transport insurance company.

§ 9 Warranty

1. Unless expressly agreed otherwise, your warranty claims shall be governed by the statutory provisions of the law on sales (§§ 433 ff. BGB).
   
   
2. If you are a consumer within the meaning of § 13 BGB, the liability period for warranty claims for used goods is one year – in deviation from the statutory provisions. This limitation does not apply to claims for damages resulting from injury to life, limb or health or from the breach of a material contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligation) as well as for claims for other damages based on an intentional or grossly negligent breach of duty by the user or his vicarious agents.
   
   
3. In all other respects, the statutory provisions shall apply to the warranty, in particular the two-year limitation period in accordance with the German Civil Code. § Section 438 para. 1 No. 3 BGB.
   
   
4. If you are an entrepreneur within the meaning of § 14 BGB, the statutory provisions apply with the following modifications:
   • Only our own specifications and the manufacturer’s product description are binding for the quality of the goods, but not public promotions and statements and other advertising by the manufacturer.
     
     
   • You are obliged to inspect the goods immediately and with due care for deviations in quality and quantity and to notify us of obvious defects within 7 days of receipt of the goods. Timely dispatch is sufficient to meet the deadline. This also applies to hidden defects discovered at a later date. The assertion of warranty claims is excluded in the event of a breach of the obligation to inspect and give notice of defects.
     
     
   • In the event of defects, we shall provide warranty at our discretion by repair or replacement (subsequent performance). In the event of rectification of defects, we shall not be required to bear the increased costs arising from the transportation of the goods to a location other than the place of performance, provided that the transportation does not correspond to the intended use of the goods.
     
     
   • If the supplementary performance fails twice, you can demand a reduction or withdraw from the contract at your discretion.
     
     
   • The warranty period is one year from delivery of the goods.

§ 10 Liability

1. Unlimited liability: We are liable without limitation for intent and gross negligence as well as in accordance with the Product Liability Act. We are liable for slight negligence in the event of damage resulting from injury to life, body and health of persons.
   
   
2. Otherwise, the following limited liability shall apply: In the event of slight negligence , we shall only be liable in the event of a breach of a material contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which you may regularly rely (cardinal obligation). Liability for slight negligence is limited to the amount of damages foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability also applies in favor of our vicarious agents.

§ 11 Alternative dispute resolution

1. The EU Commission has provided a platform for out-of-court dispute resolution . This gives consumers the opportunity to resolve disputes in connection with their online order initially without the involvement of a court. The dispute resolution platform is available under the external link http://ec.europa.eu/consumers/odr/ reachable.
   
2. We endeavor to settle any differences of opinion arising from our contract by mutual agreement. Furthermore, we are not obliged to participate in an arbitration procedure at and unfortunately cannot offer you participation in such a procedure at .

§ 12 Final provisions

1. Should one or more provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions .
   
   
2. Contracts between us and you shall be governed exclusively by German law to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, “UN Sales Convention”). Mandatory provisions of the country in which you usually reside remain unaffected by the choice of law.
   
   
3. If you are a merchant, a legal entity under public law or a special fund under public law, our registered office shall be the place of jurisdiction for all disputes arising from or in connection with contracts between us and you.

Status: January, 2021

Copyright:
HÄRTING Attorneys at Law, www.haerting.de, vertragstexte@haerting.de,
Chausseestraße 13,10115 Berlin, Tel. (030) 28 30 57 40, Fax (030) 28 30 57 4