Terms and conditions

§ 1 General

hello'ben UG, Elsässer Strasse 25, 81667 Munich, managing director Nicola Hillmeister,  hi@hello-ben.com (hereinafter "hello-ben.com" or "we"), operates an online shop at the internet address www.hello-ben.com (hereinafter the "website"). All orders placed by you via the website as well as our deliveries and services are governed exclusively by the General Terms and Conditions of Business set out below, as applicable at the time the order is placed. We do not accept any diverging terms and conditions from the customer except where specifically agreed in writing.

§ 2 Conclusion of contract

The following terms and conditions are valid for purchase and sale contracts, which you conclude with us as seller – hello’ben UG, Elässer Strasse 25, 81667 Munich, Germany, via the website www.hello-ben.com. Unless otherwise agreed, the inclusion of later terms and conditions is not valid if amended by the Customer, named in §1 of the contract.
The product offer in our online shop is directed equally at consumers and entrepreneurs, but only to end-users. For the purposes of this terms and conditions, (i) a consumer is any natural person who concludes a legal transaction for purposes which can predominantly be attributed neither to his commercial nor his self-employed professional activity (§ 13 of the German Civil Code - BGB) and (ii) an "entrepreneur" is a natural or legal person or a partnership with legal capacity who acts in the exercise of his commercial or self-employed professional activity when concluding the contract (§ 14 (1) BGB).
Our offers in the online shop are non-binding. By placing an order in the online shop, the customer makes a binding offer to purchase the relevant product. We will send the customer a confirmation of receipt of the offer, which does not constitute acceptance of the offer. The offer shall only be deemed accepted by us as soon as we declare acceptance to the customer (via e-mail) or send the goods. The purchase contract with the customer is only concluded with our acceptance.
Every customer is entitled to revoke the order and to return the goods pursuant to the withdrawal conditions contained on this terms and conditions agreement.
The language available for the conclusion of the contract is German or English depending on which language the customer has chosen to navigate on our website. Both versions, English and German, have the same dispositions.
hello‘ben has the right to refuse any offer without stating a reason, especially if there are legitimate grounds to suspect that the goods purchased via the internet are intended to be resold on a commercial basis.
The point in time of the conclusion of the contract is determined by your chosen method of payment:

1. Credit card
With confirmation of the order your credit card details are required and the credit card company runs an authorization. After legitimation as lawful card owner the payment transaction is initiated automatically and your credit card is debited with the placement of the order. The time of the credit card debiting hereby is deemed the contract coming into existence.

2. PayPal, PayPal Express
During the order process you are redirected to the online provider’s (PayPal) website. There you can enter your payment details and confirm the PayPal payment instruction. After confirming the order on our website, we request PayPal to initiate the payment transaction and thereby accept your offer.

§ 3 Cancellation policy advisory

The cancellation policy applies solely to consumers under § 13 of the German Civil Code of Law.

CANCELLATION POLICY
You may repeal your contract of purchase within 14 days without having to state reasons.
The allocated cancellation timeframe is 14 days, effective the day that you or an assigned third party, who may not be the carrier/courier, took said commodities into their possession.
To administer your right to cancel your order, you have to inform us, hello’ben UG, Elsässer Strasse 25, 81667 Munich, Germany, hi @hello-ben.com, Phone +49 157 7136 5489, by sending us an explicit declaration stating that you are repealing your contract of purchase (for example: by sending us a letter in the mail, fax, or an email).
It will suffice to send us your notification of repeal within the given cancellation timeframe in order for the 14-day cancellation timeframe to be granted.

CONSEQUENCES
If you repeal your contract of purchase, we are obligated to refund all payments that we have received from you, including shipping costs (excluding additional shipping costs that result from choosing a different shipping option, other than the regular standard shipping option that we offer) immediately and within 14 days at most, effective the day that we receive your repeal.
The payment method which was used to make the transaction will also be used for the reimbursement, unless we have explicitly agreed to something else. You will not be charged any fees for the reimbursement.
We reserve the right to withhold the reimbursement until we have received the returned items or until we have received your notification that you have returned the items, whichever comes first.
The items have to be sent back to us immediately and no later than fourteen days after the date on which you have notified us of the cancellation of this contract. The extended deadline will be granted if the items are sent back within fourteen days. All return shipments are at our expense.
You are only required to compensate us for any loss in value if the loss in value can be traced back to unnecessary handling, which goes beyond the admissible proofing of the condition of the item, its characteristics and functionality.

REASONS TO TERMINATE THE CANCELLATION POLICY
The cancellation policy is only in place if the product bought hasn't been customised or altered. Personalisation of garments renders the cancellation policy inactive.

End of advisory

§ 4 Voluntary returns right

Independently of your statutory right of revocation hello’ben UG offers you the following voluntary right of return:
All hello’ben products can be returned to hello’ben within 30 days of receipt of the products. However, the right of return only applies to unworn, unwashed and defect-free items from which the labels have not been removed. Any loss of value due to wearing, washing or causing other traces of use as well as removal of the safety label, removal/damage of the original packaging, accessories, etc. will result in the return being rejected, as we cannot offer these items for sale again. In this case, the goods will be returned to the customer without reimbursement of the purchase price

RETURN SHIPMENTS
All return shipments will be at our expense, if the following provisions are complied with.
All return shipments are made solely using the same service as the original delivery (DHL). Please contact our customer support retouren@hello-ben.com for a return label. In case of a return, we will refund the money onto your account/credit card. Potential losses due to currency fluctuations will not be refunded
Please send all returns to: hello'ben UG, Elsässer Strasse 25, 81667 Munich, Germany.

This voluntary right of return does not limit your legal rights nor does it limit your right to the above-mentioned cancellation policy.

§ 5 Prices; product presentation; availability

The prices include statutory VAT. Shipping and packaging costs as well as customs duties and similar charges shall be borne by the customer and shall be pointed out in the invoice.
We only accept the methods of payment indicated within the framework of the ordering process.
Payment of the purchase price is due immediately upon conclusion of the contract.
The customer is not entitled to any right of offsets or retention unless the counterclaim is undisputed or legally binding by a court order.
The prices stated on our Website www.hello-bne.com at the time of your order apply.
The goods offered at www.hello-ben.com are presented on the website in the form of digital photographs of the actual products. Minor discrepancies between the presentation and the actual products do not qualify as a defect in the goods ordered.
If you have ordered several items at the same time, the products may be delivered at different times. Sec. 266 BGB remains unaffected. Shipping charges will be incurred only once in any such case

§ 6 Storage of contract data

The language available for the conclusion of the contract is German or English depending on which language the customer has chosen to navigate on our website. Both versions, English and German, have the same dispositions

We store your order data. If you wish to print your order, you may do so by printing out an "acknowledgment of receipt". It will appear on your screen once you have submitted your order to us by clicking the "complete purchase" button and your credit card details have been verified.

§ 7 Shipping & dispatch

In addition to the product prices on www.hello-ben.com shipping costs will apply. The shipping is performed by DHL. Accruing costs for clearing and customs are beared by the customer.

SHIPPING COSTS:
Germany: DHL Express 14,50 EUR 1-2 business days
Germany: DHL Standard 5,99 EUR 2-3 business days
EU Zone 1 (e.g. Austria and all other EU member states): DHL Standard 15,99 EUR 3-5 business days
EU Zone 2 (Switzerland and UK): DHL Standard 26,90 EUR

A pick up of the orders is not possible and we do not ship to PO boxes.

§ 8 Payment

The prices include statutory VAT. Shipping and packaging costs as well as customs duties and similar charges shall be borne by the customer and shall be pointed out in the invoice.
Payment of the purchase price is due immediately upon conclusion of the contract.
The customer is not entitled to any right of offsets or retention unless the counterclaim is undisputed or legally binding by a court order.
We only accept the methods of payment indicated within the framework of the ordering process:

1. Credit cards
2. PayPal, PayPal Express

§ 9 Retention of title

The goods delivered remain property of hello’ben. until full payment has been made

§ 10 Warranty

Claims based on defects in the delivered goods shall be governed by the applicable legal provisions, to the exception that any claims for damages relating to defects shall be subject exclusively to section 11 below.
As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you do not comply with this, this will have no effect on your statutory warranty claims.

§ 11 Liability

We shall always have unlimited liability for claims based on damage caused by us, our legal representatives or vicarious agents:
1. in the event of injury to life, limb or health,
2. in case of intentional or grossly negligent breach of duty,
3. in the case of guarantee promises, if agreed, or
4. to the extent that the scope of application of the Product Liability Act has been opened up.
5. In the event of breach of material contractual obligations, the performance of which is essential for the proper performance of the contract and on the compliance with which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.
We shall not be liable (irrespective of the legal basis) for damages which are not typically to be expected with normal use of the goods. Our liability is also excluded for damages resulting from loss of data if replacement is not possible or difficult due to missing or inadequate data backup. The above limitations of liability do not apply in the case of intent or gross negligence.

Customer support: For any inquiries about your order or complaints, please contact our Customer Service Team. You can contact us from Monday to Friday from 10 am to 4 pm.
Phone: +49 157 71365490
Email: hi@hello-ben.com.

§ 11 Choice of law, place of performance, place of jurisdiction

11.1 The law of the Federal Republic of Germany shall apply to all claims and rights arising from this contract. The validity of the UN Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.

11.2 The place of performance for all services arising from business relations with us and the place of jurisdiction shall be our registered office if you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same shall apply if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence is unknown at the time the action is filed. The right to also appeal to the court at another legal place of jurisdiction remains unaffected by this.

11.3 If the customer is a merchant within the meaning of § 1 (1) of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the courts in Berlin shall have exclusive jurisdiction for all disputes arising from or in connection with the contractual relationship in question. In all other cases, we or the customer may bring an action before any court competent on the basis of statutory provisions.

§ 13 Governing law, severability

The European Commission provides a platform for online dispute resolutions (ODR), which can be accessed at https://ec.europa.eu/consumers/odr/. We are neither legally obliged nor prepared to enter into dispute resolution proceedings before a consumer arbitration service.

In case of doubt, the German version of the terms and conditions shall prevail.