General Terms and Conditions

of helecom e.U.

for consumers and businesses

As of 01/09/2025

1. Introductory provisions and scope

1.1 The following General Terms and Conditions (hereinafter “GTC“) apply exclusively to all contracts concluded by us, HELECOM E.U., FN 345701i with its registered office at Hohe Warte 64/10, 1190 Vienna (hereinafter “Helecom“, “Seller“, “We/we“, or “Entrepreneur“) and a customer (hereinafter also “Buyer“, “Customer“) regarding our deliveries and services or goods and products, as well as for related pre-contractual obligations, unless otherwise expressly agreed in writing.

Other terms and conditions of business or purchase shall not become part of the contract, even if we do not expressly object to them. This also applies if we provide our services to the customer without reservation in the knowledge of conflicting or deviating terms, or if they are referenced in individual correspondence.

The text of the GTC can be downloaded, saved, reproduced, or printed as a PDF here .

For the sake of readability and better understanding, the use of gender-neutral language has been omitted in the following text.

1.2 These GTC apply to both private customers or consumers as defined in § 1 para. 1 no. 2 of the Consumer Protection Act (KSchG) and business customers or entrepreneurs as defined in § 1 para. 1 no. 1 of the Consumer Protection Act (KSchG).

If the customer provides the company name and the company ID number (also “UID”, “VAT identification number”) in the order form, they shall be considered an entrepreneur by us.

Businesses: All offers are subject to change and are directed exclusively at industry, commerce, trade, and the self-employed professions for use in their independent professional or commercial activities. All prices are therefore net prices in EUR and apply plus VAT.

Consumers: All offers are subject to change. All prices include statutory VAT.

1.3. We reserve the right to supply items only in customary commercial quantities and to exclude supply to resellers and wholesalers.

1.4. For orders by entrepreneurs that exceed household quantities, please contact info@heleshop.at. In this case, it is possible to include the company address and UID number on the invoice. Deviations from these GTC may occur.

1.5. Unless expressly stated otherwise, the prices apply to the depicted items according to the description, but not to contents, accessories, or decoration.

1.6. The contract language is German. All prices are stated in Euro.

2. Conclusion of contract and subject matter of the contract

1. Our offers are subject to change and non-binding unless the offer is explicitly designated by us in writing as binding.

2. The customer can order goods via the online shop (hereinafter also “E-Shop“) www.heleshop.at in accordance with the instructions. All important information about the products and goods (description, characteristics, price, availability, etc.) is provided on our website or in the E-Shop. The presentation of goods on the website or in the E-Shop does not constitute a binding offer, but a non-binding invitation to the customer to submit an offer.

3. All information provided by us is – unless otherwise marked or agreed – limited to the time of retrieval by the customer, as information, offers, and prices are constantly updated by us.

4. By clicking the shopping cart icon, the selected goods are placed in the shopping cart. The customer can view the shopping cart and make changes at any time.

5. In the shopping cart or during the ordering process, the buyer can:

1. Review and change the order,

2. Apply discount coupons (if available),

3. Enter the required order data,

4. Select shipping method and payment method from the available options.

6. By clicking the "Checkout" button, the ordering process is initiated.

The customer enters the required data and selects the desired payment and shipping method.

Before completing the order, the customer has the opportunity to read the GTC and must confirm their acknowledgement and agreement to the GTC by checking the appropriate box.

7. By clicking the button "place order with obligation to pay", the customer submits a binding offer to conclude a purchase contract for the goods in the shopping cart. Prior to this point, the goods in the shopping cart can be viewed and changed. From this point on, it is no longer possible to change the order or data.

8. Receipt of the order will be confirmed to the buyer by the seller immediately by an information email to the email address provided by the buyer in the order. This receipt confirmation does not constitute acceptance of the offer.

9. The buyer can also use the option “I am interested, call me” in the E-Shop. In this case, the buyer will be contacted by the seller by phone after entering their telephone number. For this telephone order, the conclusion of the contract and the content of the contract will be confirmed by the seller in writing (email) subsequently.

10. If the seller cannot fulfill an order in all points, the buyer will be contacted and an amended offer will be submitted. In this case, the contract is only concluded upon acceptance of the amended offer by the buyer.

11. The purchase contract is concluded when the seller accepts the buyer's order through a separate order confirmation via email. This email also contains the current version of the GTC.

12. Upon delivery of the order confirmation to the buyer, a purchase contract is concluded between the buyer and the seller, which complies with the applicable provisions of the Consumer Protection Act (KSchG), the E-Commerce Act (ECG), the Price Indication Act (PrAG), the Consumer Warranty Act (VGG), as well as the Distance and Off-Premises Transactions Act (FAGG). In particular, the provisions on consumer protection regarding the sale of goods or the provision of services within the framework of a distance contract or a contract concluded away from the seller's business premises, as well as the corresponding amendments and additions to the relevant statutory provisions in Austria, shall apply.

13. The scope, nature, and quality of the deliveries and services are determined by the contract signed by both parties or our order confirmation, otherwise by the seller's offer. Other specifications or requirements only become part of the contract if the contracting parties agree to this in writing or if they have been confirmed in writing by the seller, whereby text form suffices for the requirement of the written form here. Subsequent changes to the scope of services require an agreement in text form or our express written confirmation.

14. In case of problems with the order, the buyer can contact the seller via the contacts provided in the E-Shop.

15. The buyer's orders are binding. The buyer's statutory right of withdrawal remains unaffected by this.

16. The seller is entitled to cancel the order, e.g., if the offer is no longer available, the customer provided an incorrect or non-functional telephone number or other contact information, or if force majeure occurs. The seller is entitled to refuse all (future) orders from the customer should the above reasons exist.

17. In the event of an obvious technical error by the seller in displaying the price of goods in the E-Shop or during the ordering process, the seller is not obliged to deliver the goods to the buyer at the price that is clearly erroneous, even if the buyer was sent an automatic confirmation of receipt of the order according to these GTC. The seller will immediately inform the buyer of the error and send an amended offer to the buyer's email address. The amended offer is considered a new proposal for a purchase contract, and the purchase contract is concluded in this case through the buyer's declaration of acceptance via email to the seller's email address.

18. The seller reserves the right to make minor changes to services, provided these are non-essential changes that are reasonable for the customer. In particular, customary commercial deviations in quality, quantity, weight, or otherwise must be accepted by the customer, even if they refer to brochures, drawings, or illustrations in their order, unless otherwise expressly agreed in writing as a binding condition.

3. Price and payment terms

1. All prices in the E-Shop are stated in Euro plus (excluding) statutory VAT and any other statutory charges, as well as plus travel costs, expenses, packaging, shipping, and, if applicable, transport insurance.

2. The buyer has the option to be informed about the total price of the goods, including VAT and all other costs, before placing the order. The buyer has the option to be informed about the validity period of the offer and/or prices before placing the order.

3. Price promotions apply until stocks are exhausted, unless expressly stated otherwise for specific goods.

4. The buyer is obliged to pay the agreed price for the goods and products to the seller properly and in a timely manner. In the event of ambiguity regarding the price, the price valid at the time the order is received by the seller shall be deemed agreed, provided that the order has been accepted by the seller under these terms (order confirmation).

5. The buyer undertakes to pay the price in the manner selected in the order within the agreed payment period, but no later than upon receipt of the goods.

6. Unless otherwise agreed, the purchase price is payable by the buyer:

1. in the case of personal collection, in cash or by bank transfer to the seller's account based on an invoice issued by the seller,

2. in the case of delivery, by bank transfer to the seller's account based on an invoice issued by the seller.

The seller does not charge any additional fees for payment.

7. In the event of late payment, a buyer who is a consumer must pay statutory default interest in accordance with § 1000 ABGB (currently 4.00% p.a.).

In the event of late payment, a buyer who is an entrepreneur must pay statutory default interest in accordance with § 456 UGB (currently 9.20% p.a. above the base interest rate [base interest rate as of 1 Jan 2025: 2.53%]).

8. The right to claim further damages for delay remains unaffected. If the buyer does not pay the price for the service on time, the seller is entitled to withdraw from the contract after setting a reasonable grace period.

9. The right of withdrawal applies only to consumers. A buyer who is a consumer confirms that, prior to the conclusion of a distance or off-premises contract, they were informed of their 14 (fourteen) day right of withdrawal and cancellation pursuant to § 11 FAGG (document "Withdrawal Policy and Withdrawal Form").

10. A right of retention or the defense of non-performance of the contract are available to the customer only within the respective contractual relationship in accordance with the provisions of § 6 para. 1 points 6 and 7 of the Consumer Protection Act (KSchG).

4. Delivery Terms

1. The availability of the goods is indicated in the e-shop.

2. The standard delivery time (excluding express collection and express delivery) is approx. 1-5 working days. Working days are defined as Monday to Friday, excluding public holidays.

3. The delivery period begins to run on the day after the contract is concluded.

4. In the case of personal collection, the buyer will be notified as soon as the goods are ready for collection. Collection must take place within the agreed period, or otherwise within 5 working days of receipt of the notification by the buyer.

5. The delivery period ends at the end of the last day of the specified delivery period. If the last day falls on a Saturday, Sunday, or a state-recognized public holiday, the next working day shall take the place of such a day. In the event of delivery delays, the seller shall inform the customer immediately. In any case, the buyer must accept minor delays in delivery without being entitled to any claims for damages or the right of withdrawal.

6. Delivery and performance periods are extended by the period during which the customer is in default of payment under the contract, and by the period during which the seller is prevented from delivering or performing due to circumstances beyond their control, plus a reasonable start-up time after the cause of the impediment has ceased. Such circumstances include force majeure, in particular raw material shortages in the relevant raw material markets, delays by the seller's suppliers, industrial disputes, climatic conditions, technical problems in production, pandemics, endemics, etc. Periods shall also be deemed extended by the period during which the customer fails to provide a required act of cooperation in breach of contract, e.g., fails to provide information. If the supplier's performance becomes completely impossible due to force majeure or if the state of force majeure lasts longer than 4 months, both parties are entitled to withdraw from the contract. In this case, the contracting parties are obliged to return all services already received in connection with the contract.

7. If multiple items are ordered and some are not in stock, the seller shall inform the buyer of this and offer the option of partial delivery of the goods.

8. The place of performance is the delivery address provided by the customer.

9. Retention of title: The transfer of the goods to the buyer is only possible after full payment of the purchase price, unless otherwise agreed. The goods remain the property of the seller until full payment has been made. The buyer may not transfer, consume, damage, or encumber the goods with the rights of third parties before the purchase price has been paid in full.

10. The risk of damage, accidental loss, and accidental deterioration of the goods passes to the buyer (as a consumer) as soon as they, or a third party designated by them, have taken possession of the goods from the seller or their carrier. If the buyer does not take delivery of the goods at the agreed time, the risk passes to the buyer as soon as the seller has made the goods available for handover and has notified the buyer accordingly. If the consumer has concluded the transport contract themselves without using an option proposed by the seller, the risk passes upon handover to the carrier.

In the case of a buyer who is an entrepreneur, the risk of damage, accidental loss, and accidental deterioration of the goods passes to the buyer upon handover of the goods to the person entrusted with the transport (carrier, e.g., freight forwarder, haulier, etc.).

11. The buyer is obliged to inspect the goods immediately upon delivery and to notify the seller of any defects without delay in writing. In the event of obvious transport damage, the buyer must notify the carrier, freight forwarder, haulier, etc., and check the condition of the goods in their presence. It is advisable to draw up a record of the damage, which should be confirmed by the carrier, freight forwarder, haulier, etc. In the event of justified warranty claims by the customer, the seller is entitled, at their own discretion, to remedy the defect or provide a replacement.

5. WARRANTY AND Liability for Defects

1. The warranty provisions stipulated under Austrian law apply and are governed by the provisions of the General Civil Code (ABGB), and, in the case of a contract with a consumer as defined in § 1 para. 1 point 2 of the Consumer Protection Act (KSchG), by the Consumer Protection Act (KSchG) and the Consumer Warranty Act (VGG).

2. The goods, products, and services shall have the agreed quality and are suitable for the contractually intended use, or, in the absence of such an agreement, for customary use. Without express further agreement, only the defect-free status of the goods, products, and services corresponding to the state of the art is owed. The customer is solely responsible for the suitability and safety of the goods, products, and services for their own specific application.

3. The seller is liable for defects in goods and products that are present at the time of handover to the buyer, as well as for defects that occur within the statutory warranty period after handover.

4. Product images do not always have to match the appearance of the delivered products. In particular, changes in the appearance and equipment of the products and goods may occur following assortment updates by the manufacturers.

5. Warranty rights do not exist if such changes are only minor, do not impair the agreed or customarily assumed properties, the product can be used according to its description, and the changes are therefore reasonable for the customer.

6. The buyer is obliged to check the goods for completeness and obvious defects immediately upon receipt. The buyer must report defects immediately after discovering them or after they should have discovered them.

7. Buyers who are entrepreneurs must inspect the delivered goods for defects within a reasonable period and notify us in writing within a period of one (1) week of receipt of the goods; otherwise, the assertion of warranty claims is excluded. Latent defects must be reported to us in writing within a period of one (1) week of discovery. Timely dispatch is sufficient to meet the deadline. The entrepreneur bears the full burden of proof for all requirements for a claim, in particular for the defect itself, for the time of the discovery of the defect, and for the timeliness of the notification. The statutory warranty period for entrepreneurs is 12 months from the date of acceptance of the goods.

8. The notice of defects must describe the defect in detail and specify the type of complaint (e.g., rectification, replacement, price reduction, rescission). The buyer is obliged to present the goods together with proof of purchase to the seller for the purpose of investigating the defect. If a latent defect only becomes apparent later, the buyer must notify the seller of this within a reasonable period after discovery.

9. In the event of damage to the goods (especially for fragile goods), it is recommended to send a photo or video recording of the damaged goods to the seller along with the notice of defect.

10. If a defect occurs within six months of handover, the seller must prove that the defect was not yet present at the time of handover in order to reject the complaint. If a defect occurs more than six months after handover, the buyer generally bears the burden of proof that the defect was already present at the time of handover.

11. The buyer can assert defects as follows:

1. in person at the seller's registered office,

2. by email to the email address provided by the seller,

3. in writing by post to the seller's registered office.

12. Returns of defective goods to the seller for the purpose of rectification or replacement may only take place after prior written consent from the seller in accordance with the agreed form. The risk of accidental loss or deterioration of the goods only passes to the seller at the time of acceptance by the seller at their registered office. The seller is entitled to refuse returns of goods without prior agreement.

13. These warranty provisions apply without prejudice to any guarantee promises made by the manufacturer or seller. The buyer's mandatory statutory warranty rights are not restricted by these provisions.

14. The warranty is excluded for defects resulting from improper handling or natural wear and tear. The burden of proof regarding the non-existence of these grounds for exclusion lies with the customer. The customer's warranty rights further require that they have duly fulfilled their obligations to inspect and notify of defects, and that they have reported hidden defects in writing immediately upon discovery.

15. The buyer confirms that prior to the conclusion of the contract, they were informed of and have taken note of all essential provisions relevant to them under the following Austrian laws and regulations:

In particular, but not exclusively, the buyer confirms that they have been properly informed by the seller of their rights according to the provisions of the Austrian General Civil Code (ABGB), in particular the provisions on the conclusion of contracts (§§ 859 et seq. ABGB), warranty (§§ 922 et seq. ABGB), damages (§§ 1293 et seq. ABGB), and withdrawal from the contract (§§ 918 et seq. ABGB); according to the provisions of the Consumer Protection Act (KSchG), in particular regarding the right of withdrawal (§ 4 KSchG), the information obligations of the entrepreneur (§§ 4a et seq. KSchG), and warranty rights (§§ 932, 933 ABGB in connection with the KSchG); according to the provisions of the Consumer Warranty Act (VGG), in particular the right to conversion (§ 12 VGG) and the duty of redemption (§ 13 VGG); according to the provisions of the Austrian Corporate Code (UGB), in particular the duty to inspect and notify of defects (§ 377 UGB) and the warranty for company acquisitions (§ 378 UGB); according to the provisions of the E-Commerce Act (ECG), in particular the information obligations of the entrepreneur (§§ 4 et seq. ECG) and the consumer's right of withdrawal (§ 11 ECG); as well as according to the provisions of the General Data Protection Regulation (GDPR), in particular the information obligations of the controller (Art. 13, 14 GDPR) and the rights of the data subject (Art. 15 et seq. GDPR).

16. The buyer's claims for damages are excluded. This does not apply to the buyer's claims for damages resulting from injury to life, body, or health, or from the breach of essential contractual obligations, nor to liability for other damages based on an intentional or grossly negligent breach of duty by the seller or their legal representatives or vicarious agents. In the case of slight negligence, the seller is only liable for the breach of an essential contractual obligation; liability is limited to actual/positive damages. Essential contractual obligations are those whose fulfillment is necessary for achieving the purpose of the contract. The provisions of the Product Liability Act remain unaffected.

6. Instruction on the right to withdraw from the contract

1. The customer confirms that prior to the conclusion of a distance contract or a contract concluded outside the seller's business premises, they were informed of their 14-day right of revocation and withdrawal under § 11 FAGG (document "Revocation Instruction and Revocation Form").

2. The withdrawal period begins from the day on which the customer or a third party named by the customer, who is not the carrier, has taken possession of the goods. The customer may also withdraw from the contract before the withdrawal period begins.

3. To exercise the right of withdrawal, the customer must inform Helecom by means of a clear declaration (e.g., a letter sent by post, fax, or email) of their decision to withdraw from the contract. The customer may use the attached model withdrawal form for this purpose, though this is not mandatory.

4. To comply with the withdrawal period, it is sufficient that the customer sends the notification regarding the exercise of the right of withdrawal before the withdrawal period expires.

5. The customer must return or hand over the goods immediately and in any case no later than 14 (fourteen) days from the day on which they notified the seller of the withdrawal from the contract. The deadline is met if the customer sends the goods before the period of 14 (fourteen) days has expired.

6. If the customer withdraws from the contract, the seller shall repay all payments received from the customer, including delivery costs (with the exception of the additional costs resulting from the fact that the customer chose a type of delivery other than the cheapest standard delivery offered by the seller), immediately and no later than 14 (fourteen) days from the day on which the notification of the withdrawal from the contract was received by the seller. For this repayment, the seller uses the same means of payment as used by the customer in the original transaction, unless expressly agreed otherwise; in no case will the customer be charged any fees for this repayment.

The seller may refuse repayment until the seller has received the goods back or until the customer has provided proof that they have returned the goods, whichever is earlier.

1. The customer bears the direct costs of returning the goods.

2. The customer must pay for any loss in value of the goods if this loss in value is due to handling of the goods which was not necessary for testing the nature, characteristics, and functioning of the goods.

3. The right of withdrawal does not exist for the following contracts:

1. Services, if the entrepreneur has performed the service in full and has begun the execution of the service with the customer's express consent, and at the same time the customer has confirmed their knowledge of the loss of the right of withdrawal upon full fulfillment of the contract;

2. Goods made to customer specifications or clearly tailored to personal needs;

3. Goods that can perish quickly or whose expiry date would be quickly exceeded;

4. Goods that are delivered sealed and are not suitable for return for reasons of health protection or hygiene, if their seal was removed after delivery;

5. Goods which, after delivery, were inseparably mixed with other goods due to their nature;

6. Audio or video recordings or computer software supplied in a sealed package, if the seal was removed after delivery;

7. Newspapers, magazines, or illustrated periodicals with the exception of subscription contracts.

7. Alternative Dispute Resolution

1. If Helecom does not comply with a request for remedy or does not respond within a reasonable period (usually 30 days), the customer, provided they are a consumer within the meaning of the KSchG, has the option of using alternative dispute resolution under the Alternative Dispute Resolution Act (AStG).

2. For the alternative dispute resolution of consumer disputes in Austria, the following bodies may be considered:

1. A proven and recognized instrument for mediation in cases of problems with online purchases and services (www.ombudsmann.at).

2. There are other alternative dispute resolution bodies recognized by the Federal Ministry of Justice that may be responsible for certain industries or types of disputes. A current list of these bodies is available on the website of the Federal Ministry of Justice (www.justiz.gv.at).

1. In addition to using a national ADR body, consumers can use the online dispute resolution platform (ODR platform) set up by the European Commission to resolve their disputes out of court. The platform is accessible at the following address: https://consumer-redress.ec.europa.eu/index_en
   Consumers can submit a complaint on this platform and choose a suitable dispute resolution body.

8. Final Provisions

1. All legal relationships between the seller and the buyer that are not expressly regulated in these GTC are subject to Austrian law, excluding its conflict of law rules. For contracts with a cross-border dimension, the choice of Austrian law applies only to the extent that the consumer is not deprived of the protection afforded by mandatory provisions of the law of the state of their residence.

2. For disputes arising from or in connection with this contract, the materially competent courts at the registered office of Helecom shall have jurisdiction. For lawsuits against consumers who have their domicile or habitual residence in Austria, the general place of jurisdiction applies.

3. The data protection provisions are contained in a separate privacy policy, which can be accessed on the seller's website.

4. The seller reserves the right to change these GTC at any time. The amended GTC will be published on the seller's website and apply to all orders placed after their publication. For orders already placed, the GTC in the version valid at the time of the order apply.

5. Should individual provisions of these GTC be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions. The invalid or unenforceable provision shall be replaced by one that comes closest to the economic purpose of the invalid or unenforceable provision.

6. A model withdrawal form is attached to these GTC as an annex.

7. These GTC apply to the buyer from the time the contract is concluded.

8. Amendments and supplements to the contract must be in writing to be valid. This also applies to the waiver of the written form requirement itself. The contracting parties also satisfy the written form requirement by transmitting documents in text form, in particular by email, unless a stricter form is prescribed for individual declarations.