Imprint

POSTEL ADDRESS

HELIMA GmbH
Postfach 10 10 12
D - 42010 Wuppertal
Germany

ADDRESS & LOCATION

HELIMA GmbH
Am Deckershäuschen 62
D - 42111 Wuppertal
Germany

Phone +49 202 - 70 94 - 0
Fax +49 202 - 70 94 - 288
E-Mail

USt-ID-Nr

DE302050087

MANAGING DIRECTOR

Bastian Breitenfellner / Ralf Schöpker

COMMERCIAL REGISTER

HRB 27044 Wuppertal

Conception, web design & programming

reindesign kreativteam – As a media and design agency in Cologne, we realize effective communication in print and new media.

Pictures

  • Fotolia
  • Getty Images
  • HELIMA GmbH

General Terms and Conditions of Delivery and Payment

§1 Validity of the General Terms and Conditions

1.1

All of our deliveries, performances and offers shall be based exclusively upon these General Terms and Conditions of Delivery and Payment (hereinafter ‘General Terms and Conditions’). These General Terms and Conditions shall be a constituent part of all agreements concluded with our contractual partners (hereinafter ‘Purchaser’).

1.2

The general terms and conditions of Purchaser shall be inapplicable even if we do not specifically object to their validity in a particular case. Further, the reference to correspondence that contains the general terms and conditions of Purchaser or of a third party or which makes reference to such shall in no way constitute any acceptance of the validity of such general terms and conditions. They shall not become a constituent part of any agreement even despite compelling activities on our part such as the rendering of a performance.  

1.3

These General Terms and Conditions shall apply to all contracts pertaining to deliveries and performances rendered on our part as well as to any and all auxiliary performances.  

§ 2 Quotation and Conclusion of Contracts

2.1

In as far as our quotations are expressly indicated as being ‘without engagement’, we shall be entitled to revoke such immediately even after acceptance by Purchaser.  

2.2

Purchaser shall acquire no copyrights to either quotations or estimates we submit or which originate from third parties or to any drawings, calculations, descriptions, models, tools or any other auxiliary materials made available to Purchaser. This shall apply also to such material mentioned above that is expressly marked as ‘confidential’ or which by its very nature is of confidential character. Any forwarding of such materials mentioned shall require our approval in every case. Purchaser shall ensure such through corresponding agreements with employees or other persons acting knowingly and willingly on Purchaser’s behalf. The materials mentioned shall be returned immediately at Purchaser’s expense should a contract not materialise or no longer be required for the continued fulfilment of the contract.

§ 3 Prices

3.1

Unless indicated to the contrary in the order confirmation, our prices are quoted ‘ex works’ excluding packing and freight costs; these being invoiced separately.  

3.2

The statutory rate of VAT is not included in our prices. This shall be invoiced under a separate item at the rate prescribed by legislation. In the case of foreign transactions, VAT shall be omitted from the invoice. However, Purchaser shall bear the charges and fees associated with the transfer into the recipient country – in particular customs duties – and additionally those statutory contributions and fees incurred in the recipient country itself.   

3.3

Any discounts to be deducted shall be the subject of special agreements. Purchaser’s general terms and conditions that envisage such discounts shall not apply.  

3.4

Bills of exchange shall only be accepted after prior agreement and for the sake of fulfilment.  Should payment be effected by bill of exchange, cheque or other type of payment instruments, Purchaser shall bear the costs of discounting and collection. 

§ 4 Execution of Deliveries and Performances, Delivery and Performance Periods

4.1

Unless anything to the contrary has been agreed, Delivery shall be effected ‘ex works’.  

4.2

Commencement of the delivery or performance periods we indicate presupposes that all technical issues have been clarified.  

4.3

Further, observation of our delivery and/or performance obligations presupposes punctual and proper fulfilment by purchaser. We shall be entitled to assert our plea for non-performance of the agreement to the full.

4.4

Should the party ordering be late in accepting delivery or infringe other duties to cooperate, we shall be entitled to demand compensation for any damage we may have incurred as well as for any additional outlays. Any claims going beyond this shall not be affected.

4.5

When the prerequisites for § 4, Section 4 are given, the risk of a chance destruction of or an accidental deterioration in the subject matter to be delivered or performed shall transfer to Purchaser in that moment when same is late in accepting delivery.      

4.6

In as far as it was agreed with Purchaser that our delivery or performance would not be effected at a specific point in time but within a certain period, we shall be entitled to effect delivery or to render our performance before expiry of the time period. Should a specific point in time have been agreed with Purchaser, we shall be entitled to effect delivery or to render our performance earlier provided we have advised within a reasonable period Purchaser accordingly of delivery or rendering of the performance. This shall not apply when we can recognise reasons why the delivery can only be effected at the agreed point in time.

4.7

Unless anything to the contrary has been agreed, Purchaser shall – in the case of contracts that entitle same to call up partial quantities from a blanket order for goods – be obliged to place orders in good time for approximately the same monthly quantities and types. Should Purchaser not call up orders in good time and/or not split orders accordingly, we shall be entitled – after futile expiry of a reasonable extension period – to split the order ourselves and to deliver the goods. Should Purchaser on several occasions not call up orders or not do so in good time and/or not split orders accordingly or not do so in good time, we shall be entitled – after issuing a prior caution – to withdraw from the entire contract. The claims to compensation we are entitled to from the legal point of view shall be unaffected by this.

4.8

In the case of call up orders as per § 4, Section 7 of these General Terms and Conditions, we shall be entitled to procure material for the entire order and to manufacture the complete order quantity unless any agreement to the contrary has been concluded. No technical modifications required by Purchaser can be accommodated after placement of the order.  

4.9

Any short or excess shipment quantities customary in the trade shall be permissible.

§ 5 Delays in Delivery

5.1

Any disruptions to business caused by acts of God, strikes and lock-outs which we are not responsible for, or any lack of factory supplies and/or raw materials shall entitle us to withdraw from the non-fulfilled part of the contract when the circumstances do not only make the delivery or performance impossible for a temporary period and, additionally, when such could not be envisaged when the contract was concluded.

5.2

Should we become late with a delivery or performance or should a delivery or performance become impossible, claims for compensation on the part of Purchaser shall be limited in accordance with § 8 of these General Terms and Conditions.

§ 6 Place of Fulfilment, Despatch, Packing, Transfer of Risk

6.1

The place of fulfilment for any and all obligations arising out of the contractual relationship with Purchaser shall be Wuppertal.

6.2

Unless agreed to the contrary, the risk shall be transferred to Purchaser, at the latest, when the subject matter of the delivery is handed over to the forwarding agency, carrier or any other company commissioned with implementing despatch.  

6.3

The shipment shall only be insured against theft, breakage, fire, transport and water hazards or other insurable risks at the express wish of Purchaser and at Purchaser’s expense. 

§ 7 Warranty

7.1

Articles supplied by us must be carefully examined immediately following delivery to Purchaser or third party specified by Purchaser. The articles are deemed to have been approved and/or accepted if any defect which would have been discovered during a careful examination has not been notified to us within three days, whereby the definitive date of any complaint is the date of despatch of that complaint. Should the defect not have been identifiable upon careful examination, then the obligation to lodge an immediate complaint shall apply from the time of discovery of the defect.

7.2

Insofar as there is a defect in supply or performance for which we are responsible, we undertake, at our sole discretion, either to correct the defect or provide a replacement. In the case of defect correction, we undertake to pay all costs necessary for correcting the defect, in particular transportation costs, transport tolls and dues, labour and material costs subject to such costs not being increased through the purchased article being brought to a place other than the original place of despatch. This provision shall not apply if the bringing to another place is in accordance with the correct usage of the supplied article. Insofar as we choose to fulfil our obligations in the form of a replacement delivery, then the defective supplied article must be returned to us carriage paid, whereby the purchaser undertakes to select the cheapest mode of shipment.

7.3

The term of the warranty shall be one year and shall begin with the time of delivery to Purchaser or the third party specified by Purchaser.

7.4

The supply of second-hand articles shall be excluded from warranty.

§ 8 Claims for Compensation

8.1

We shall be liable – irrespective of the legal circumstances – only for intentional and grossly negligent behaviour on the part of our corporate or vicarious agents – without considering the degree of blame – for damage caused by injury to life, body or health. 

8.2

Further, we shall also be liable for ordinary negligence on the part of our corporate or vicarious agents in the event of any delay in performance or the infringement of other cardinal obligations. In such cases our liability shall be limited to such damages as could have been realistically anticipated when concluding the contract.

8.3

All limitations of liability shall also apply to the case when the infringement of a contractual obligation represents, at the same time, an unlawful act.  

§ 9 Reservation of Ownership

9.1

We shall reserve the right of ownership to the subject matter of the delivery until receipt of all payments associated with the delivery agreement. Should the ordering party’s conduct be in violation of the contract, in particular in the case of a delay in payment, we shall be entitled – after futile expiry of a reasonable extension period – to withdraw from the contract and to recover the subject matter of the delivery. 

9.2

Purchaser shall be obliged to look after the subject matter of the delivery and to treat it with care.

9.3

In the case of attachments or other interventions by third parties, Purchaser shall inform us immediately in writing to enable us to bring action as per § 771 of the German Code of Civil Procedure. In as far as the third party is not able to compensate us for the court costs and out of court settlement costs associated with action as per § 771 of the German Code of Civil Procedure, the ordering party shall be liable for the damage we incur. 

9.4

Purchaser shall be entitled to resell the subject matter of the delivery in a normal business transaction. However, Purchaser shall assign as of now all claims it has against its purchasers or third parties from the resale and this to the amount of the final invoice sum (including VAT) of our demands irrespective of whether the subject matter of the delivery is resold with or without any additional processing. Purchaser shall remain authorised to collect this claim even after assignment. Our entitlement to collect this claim ourselves shall remain unaffected by this. However, we undertake not to collect this claim as long as Purchaser fulfils its obligations from the revenues achieved, does not get into arrears with payments and, in particular, no application to open insolvency proceedings has been filed and no payments have been suspended. However, should this be the case, we can insist that Purchaser notifies us of the assigned claim and its debtor, hands over all the associated documentation and informs the debtor (third party) of the assignment.  

9.5

Any processing or reconstruction of the subject matter of the delivery by Purchaser shall always be implemented on our behalf. Should the subject matter of the delivery be processed/combined with other objects, not belonging to us, we shall obtain a part ownership in the new object to the extent of the ratio of the value of the subject matter of the delivery (final invoice amount including VAT) to the other processed/combined objects at that point in time when processed. Besides this, the same provisions shall apply to the object ensuing from processing operations as to goods delivered under reservation of ownership.

9.6

Should the subject matter of the delivery be mixed inseparably with other objects, not belonging to us, we shall obtain a part ownership in the new object to the extent of the ratio of the value of the subject matter of the delivery (final invoice amount including VAT) to the other mixed objects at that point in time when mixing occurrs. Should such mixing take place in such a way that Purchaser’s object can be regarded as the main object, it shall be deemed as agreed that Purchaser assigns to us a proportionate part ownership. Purchaser shall hold in safe custody the ensuing sole ownership or part ownership for us.

9.7

To secure our claims, Purchaser shall also assign the claims that ensue against a third party through the connection of the subject matter of the delivery with real estate.  

9.8

We undertake at the request of Purchaser to release collateral we are entitled to in as far as the realisable value of our collateral exceeds the secured claim by more than 10 %. We shall decide upon which collateral to release.

§ 10 Terms of Payment

10.1

Our invoice amounts are to be paid within 30 days without any deductions unless agreed to the contrary. After expiry of this period, Purchaser shall be deemed as in arrears without any reminder on our part being necessary.  

10.2

Purchaser shall only be entitled to set-off against such sums Purchaser is entitled to when such claims have been legally established or are undisputed. The same shall apply to any right of  retention.

§ 11 Written Form and Final Provisions

11.1

Any provisions deviating from these General Terms and Conditions shall need to be in writing to be effective. This shall not apply to agreements made with our CEOs or agents with full commercial authority.

11.2

Venue for any and all disputes arising out of the business relationship between ourselves and Purchaser shall be Wuppertal. However, we shall also be entitled to proceed against Purchaser at Purchaser’s general venue as well as at that location to which the subject matter of delivery was despatched at Purchaser’s request.

11.3

All legal relationships associated with the entering into, implementation or termination of this agreement shall be governed by the material law of the Federal Republic of Germany, excluding UN Commercial Law. This shall also apply when they are based on delictual or any other statutory grounds.

Privacy Policy

1. Basic

This privacy statement is intended to inform the users of this website about the nature, scope and purpose of the collection and use of personal data by the website operator [www.helima.de].

Helima takes your data protection very seriously and treats your personal data confidentially and in accordance with the statutory provisions. Since new technologies and the constant further development of this website may result in changes to this data protection declaration, we recommend that you read the data protection declaration again at regular intervals.

Definitions of the terms used (e.g. "personal data" or "processing") can be found in Art. 4 DSGVO.

 

2. Access Data

We, Helima GmbH or site providers, collect data on access to the website on the basis of our legitimate interest (see Art. 6 Para. 1 lit. f. DSGVO) and store this data as "server log files" on the server of the website. The following data is logged in this way:

- Visited website

- Time at the time of access

- Amount of data sent in bytes

- Source/reference from which you came to the page

- Browser used

- Operating system used

- IP address used

The server log files are stored for a maximum of 7 days and then deleted. The data is stored for security reasons, e.g. to clarify cases of misuse. If data have to be deleted for reasons of proof, they are excluded from deletion until the incident has been finally clarified.

 

3. Range measurement & cookies

This website uses cookies for pseudonymised range measurement, which are transmitted either by our server or the server of third parties to the browser of the user. Cookies are small files that are stored on your end device. Your browser accesses these files. The use of cookies increases the user-friendliness and security of this Website.

If you do not want cookies to be stored on your end device for range measurement, you can object to the use of these files.

Common browsers offer the option not to accept cookies. Note: There is no guarantee that you will be able to access all functions of this website without restrictions if you make the appropriate settings.

 

4. Collection and processing of personal data

The website operator collects, uses and passes on your personal data only if this is permitted by law or if you consent to the collection of data.

Personal data includes all information which serves to determine your person and which can be traced back to you - for example your name, e-mail address and telephone number.

You can also visit this website without providing any personal information. However, in order to improve our online services, we store your access data to this website (without personal reference). This access data includes, for example, the file you requested or the name of your Internet provider. The anonymisation of the data does not allow conclusions to be drawn about you personally.

Note: At this point you should also specify which, how and why you process personal data as a website Operator.

Examples:

- Which ones? - We process personal data such as first name, last name, IP address, e-mail address, place of residence, postal code and summary information from the contact form.

- How? - We process personal data only with the express permission of the users concerned and in compliance with the applicable data protection regulations.

- Why? - Personal data is processed on the basis of our legitimate interest in fulfilling our contractually agreed services and optimising our online offering.

 

5. Handling of contact data

If you contact us as a website operator through the contact options offered, your details will be stored so that they can be used to process and respond to your enquiry. These data will not be passed on to third parties without your consent.

 

6. Dealing with comments and contributions

If you leave a contribution or comment on this website, your IP address will be stored. This is done on the basis of our legitimate interests within the meaning of Art. 6 Para. 1 lit. f. DSGVO and serves the security of us as website operators: Because if your comment violates applicable law, we can be prosecuted for it, which is why we have an interest in the identity of the comment or contribution author.

 

7. Google Analytics

On the basis of our legitimate interests, this website uses the following data to optimise and analyse our online offering in the sense of Art. 6 Para. 1 lit. f. DSGVO uses the service "Google Analytics", which is provided by Google Inc. (1600 Amphitheatre Parkway Mountain View, CA 94043, USA). The service (Google Analytics) uses "cookies" - text files which are stored on your terminal device. The information collected by the cookies is usually sent to a Google server in the USA and stored there.

Google LLC complies with European privacy laws and is certified under the Privacy Shield Agreement: https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active=a2zt000000001L5AAI&status=Active

On this website IP anonymization is used. The IP address of the users is shortened within the member states of the EU and the European Economic Area and in the other contracting states of the agreement. Only in individual cases is the IP address initially transmitted unabbreviated to a Google server in the USA and then shortened there. By this shortening the personal reference of your IP address is omitted. The IP address of the user transmitted by the browser is not combined with other data stored by Google.

Under the terms of the order data agreement, which we have concluded with Google Inc. as the website operator, Google Inc. uses the information collected to compile an analysis of website usage and website activity and to provide services relating to internet usage.

The data collected by Google on our behalf is used to evaluate the use of our online services by individual users, for example to create reports on website activity to improve our online Services.

You have the option of preventing cookies from being stored on your device by making the appropriate settings in your browser. It is not guaranteed that you can access all functions of this website without restrictions if your browser does not allow Cookies.

You can also use a browser plug-in to prevent the information collected by cookies (including your IP address) from being sent to Google Inc. and used by Google Inc. The following link leads you to the corresponding plugin: https://tools.google.com/dlpage/gaoptout?hl=de=en

Alternatively, by clicking on this link (IMPORTANT: Insert opt-out link), you prevent Google Analytics from collecting information about you within this website. Click on the link above to download an opt-out cookie. Your browser must therefore always allow the storage of cookies for this purpose. If you delete your cookies regularly, you will need to click the link again each time you visit this Website.

Here you will find further information on the use of data by Google Inc:

- https://policies.google.com/privacy/partners?hl=de=en (data collected by Google partners)

- https://adssettings.google.de/authenticated (Settings about advertising that is displayed to you)

- https://policies.google.com/technologies/ads?hl=de=en (Use of cookies in ads)

 

8. Use of social media plugins from Facebook

Due to our legitimate interest in the analysis, optimization and operation of our online services (within the meaning of Art. 6 para. 1 lit. f. DSGVO), this website uses the Facebook Social Plugin, which is provided by Facebook Inc. (1 Hacker Way, Menlo Park, California 94025, USA). The embeddings are recognizable by the Facebook logo or by the terms "like", "like", "share" in the colors Facebooks (blue and white). Information about all Facebook plugins can be found via the following link:

https://developers.facebook.com/docs/plugins/                                                                                                                              

Facebook Inc. complies with European privacy laws and is certified under the Privacy Shield Agreement: https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active=a2zt0000000GnywAAC&status=Active 

The plugin establishes a direct connection between your browser and the Facebook servers. The website operator has no influence whatsoever on the nature and extent of the data that the plugin transmits to the Facebook Inc. servers. You can find more information here: https://www.facebook.com/help/186325668085084

The plugin informs Facebook Inc. that you have visited this website as a user. It is possible that your IP address will be saved. If you are logged into your Facebook account during your visit to this website, this information is linked to this account.

If you use the functions of the plugin - for example by sharing or "linking" a post - the corresponding information is also transmitted to Facebook Inc.

Would you like to prevent Facebook. Inc. links this data to your Facebook account, please log out of Facebook before visiting this website and delete the stored cookies. Via your Facebook profile, you can make further settings for data processing for advertising purposes or object to the use of your data for advertising purposes. You can access the settings here:

- Profile settings for Facebook: https://www.facebook.com/ads/preferences/?entry_product=ad_settings_screen_product=ad_settings_screen

- Cookie deactivation page of the US-American website: http://optout.aboutads.info/?c=2#=2#!/

- Cookie deactivation page of the European website: http://optout.networkadvertising.org/?c=1#=1#!/ 

Which data, for what purpose and to what extent Facebook collects, uses and processes data and which rights and setting options you have to protect your privacy can be read in the Facebook data protection guidelines. You can find them here: https://www.facebook.com/about/privacy/

 

9. Rights of the user

As a user, you have the right to request free information about which personal data about you has been stored. You also have the right to correct incorrect data and to limit or delete the processing of your personal data. If applicable, you may also exercise your right to data portability. If you believe that your data has been processed unlawfully, you can lodge a complaint with the competent supervisory authority.

 

10. Deletion of data

Unless your request conflicts with a legal obligation to store data (e.g. data retention), you have a right to delete your data. Data stored by us will be deleted if they are no longer needed for their intended purpose and there are no legal retention periods. If deletion cannot be carried out because the data is required for permissible legal purposes, data processing will be restricted. In this case, the data will be blocked and not processed for other purposes.

 

11. Right of objection

Users of this website may exercise their right of objection and object to the processing of their personal data at any time.

If you wish to have your personal data corrected, blocked, deleted or informed, or if you have any questions regarding the collection, processing or use of your personal data, or if you wish to revoke your consent, please contact the following e-mail address: [datenschutz@helima.de]