Allgemeine Bedingungen und Konditionen

TERMS AND CONDITIONS Helvika
1. Introduction
1.1 These terms and conditions apply to the use of our website or the purchase of products offered through our website.

1.2 Defined terms and interpretations for these terms and conditions are set out in paragraph 26.

2. Acceptance

2.1 You represent and warrant that:

(a) you are an individual and are at least 18 years old;

(b) you have the authority to enter into a legally binding contract with us; and

(c) you are not prevented from entering into a legally binding contract with us by any applicable law or contract.

2.2 We reserve the right to request written confirmation of your authority to agree to these terms and conditions.

2.3 You represent and warrant that you have not:

(a) been convicted of a computer or internet offense; and

(b) have a history of product or website refusal.

2.4 We reserve the right to refuse you access to our website if we consider such refusal necessary or appropriate.

2.5 When you place an order:

(a) your representation and warrant that you have read these terms and conditions carefully and in full;

(b) your offer to purchase the order solely in accordance with these terms and conditions;

(c) your agreement that any order confirmation will be made solely on the basis of these terms and conditions; and (d)

your undertaking to us that you will comply with these terms and conditions.

2.6 If you do not agree to these terms and conditions, you should not use the website or purchase any products.

2.7 You must expressly agree to these terms and conditions when you:

(a) submit any information to or through our website; or

(b) purchase a product.

2.8 By visiting our website, purchasing products, or agreeing to these terms and conditions:

(a) you also agree to our privacy policy, and

(b) you agree to be bound by our terms of use (see paragraph 12 below for more details).

2.9 We recommend that you print a copy of these terms and conditions for future reference.

2.10 If you do not agree to these terms and conditions, you cannot place an order or communicate with us.

3. Personal use

You confirm that you will use the Website to purchase Products solely for your own personal and non-commercial use, as a principal and not as an agent or on behalf of any other person.

4. Price

4.1 The prices for Products listed on our Website include shipping costs but exclude all fees, taxes, duties, levies, or similar government-imposed charges ("duty unpaid and tax unpaid").

4.2 All fees, taxes, duties, levies, or other government fees and declarations for importing the Products to the delivery address are your responsibility and are to be borne by you and are not included in the prices of the Products. Additional costs may apply to all deliveries in individual cases, for which the Seller is not responsible and which must be borne by the Customer. In addition to shipping costs, these also include costs for customs duties or import VAT if the goods are shipped from a non-EU country (China); whether customs duties apply to a product must be clarified with our Customer Service before ordering. Customs duties or import sales tax are not paid by us and are the responsibility of the buyer. Our goods are always shipped duty unpaid and tax unpaid. The buyer is the "importer of record" and is responsible for the proper payment of customs duties and/or import taxes and must comply with all laws and regulations of the importing country. As rules for importing goods vary from country to country, please check your country's customs duties and import taxes before placing your order. The buyer is responsible for fully verifying compliance with all laws and regulations of the importing country upon receipt of the goods.

4.3 We make every effort to ensure that all details, descriptions, and prices of the products listed on our website are correct. However, errors may occur on occasion. If we discover that a pricing error has occurred, we will notify you as soon as possible and give you the option of confirming your order at the correct price or canceling your order. If we are unable to contact you or do not receive a response from you, the order will be considered canceled, and you will receive a full refund. If you choose to reconfirm your order, we will arrange for delivery of your order and invoice or refund you the amounts indicated in our notification to you shortly after receiving your reconfirmation of your order, using the payment form and method used for the order.

4.4 We are under no obligation to fulfil an order if the price shown on the website is incorrect (even after you have received an order confirmation).

4.5 Prices may be changed from time to time. However, such changes will not affect orders for which an order confirmation has been sent.

5. Placing an Order

5.1 Once you have placed an order, all orders are subject to stock availability. If we have sufficient stock to fulfil your order, you will receive an order confirmation, which will be our confirmation of receipt of your order. In the event of any delivery problems or unavailability of the goods to fulfil your order, we will notify you by email and refund all payments made in respect of the order.

5.2 A contract will only be formed when we have issued you with an order confirmation and only in respect of the product(s) specified in the order confirmation. These terms and conditions form part of the contract and operate to the exclusion of all other terms and conditions.

5.3 If your order consists of more than one product, the products may be delivered to you in separate shipments at different times.

5.4 We reserve the right to remove any product from the website at any time. We also reserve the right to edit or remove any material or content from the website. We will not be liable to you or any third party for the removal of any product from our website or the editing or removal of any material or content from our website.

5.5 We reserve the right to refuse or reject any order placed by you at any time (including after we have sent you an order confirmation). We will not be liable to you or any third party for the cancellation or rejection of any order.

5.6 If we cancel your order after we have received payment (and even after we have sent you an order confirmation), you will be refunded in full for the order.

6. Payment

6.1 You can pay for the products using a payment intermediary listed on our website.

6.2 You can also pay for your order, in whole or in part, with a promotional voucher provided by us. Promotional vouchers can only be entered online at checkout.

6.3 We may use payment intermediaries to process payments between you and us. You consent to us sharing documents and information about you with payment intermediaries, including documents and information containing your personal data.

6.4 We are not a regulated payment processor or money transmitter and are not responsible for any payment problems or failures caused by payment intermediaries.

6.5 You are responsible for providing complete and accurate information during the payment process, and all payments must be made using your own funds. By placing an order, you confirm that:

(a) the payment method used for payment is yours;

(b) if applicable, that you are the rightful owner of the voucher; and

(c) you have sufficient funds or credit facilities to pay for the order in question.

6.6 We are not liable or responsible for any unauthorized use of your credit, debit, or prepaid cards by any third party, even if those cards have been reported stolen. We may report any fraudulent payments or other illegal activity to any relevant authorities (including credit reference agencies).

6.7 You will not:

(a) make or attempt to make any chargebacks in respect of any payments you have made for Products; or

(b) reverse any payments you have made in respect of Products.

6.8 You will fully indemnify us for any chargebacks or reversals of any payments you have made and for any losses, costs, liabilities, or expenses we incur as a result of, or in connection with, any such chargebacks or reversals.

7. Delivery

7.1 We will endeavor to deliver your order to the delivery address you provide when placing your order.

7.2 We will provide an estimated delivery date when you complete your order.

7.3 We may notify you if we are unable to meet the estimated delivery date, but we will not be liable to you for any losses, liabilities, costs, damages, charges, or expenses arising from late delivery, to the fullest extent permitted by law.

7.4 We may not be able to deliver Products to some locations. In this case, we will notify you and arrange for the cancellation and refund of the order, or delivery of the order to an alternative delivery address confirmed by you.

7.5 Risk in the product passes to you upon delivery at the delivery address, unless delivery is delayed because of your failure to comply with your obligations under these Terms and Conditions. Risk will pass on the day on which delivery would have been made but for your failure to comply.

7.6 If you are unable to take delivery of your order, we may leave a card with instructions for the carrier to redeliver or collect your order.

7.7 If delivery or collection is delayed as a result of your unreasonable refusal to accept delivery, or if you fail to accept the order or collect it from the carrier, we may charge you for the costs and other expenses we incur in returning the order to the sender, without prejudice to any other rights or remedies available to us.

7.8 Goods will be dispatched within 2-120 days of confirmed payment. The standard delivery time is 20-30 business days, in exceptional cases up to 16 weeks, unless otherwise stated in the item description. The owner does not ship directly. The order will be shipped from the manufacturer as soon as the entire order is in stock there.

7.9 All customs duties, fees, customs duties, taxes, or other government charges and declarations for importing the products to the delivery address are your responsibility and must be borne by you. All deliveries may incur additional costs in individual cases for which the seller is not responsible and which must be borne by the customer. In addition to shipping costs, these include costs for customs duties or import sales tax if the goods are shipped from a non-EU country (China). Whether customs duties apply to a product must be clarified with our customer service before ordering. Customs duties or import sales tax are not paid by us and are the responsibility of the buyer. Our goods are always shipped duty and tax unpaid. The buyer is the "importer of record" and is responsible for the proper payment of customs duties and/or import taxes and must comply with all laws and regulations of the importing country. Since rules for importing goods vary from country to country, please check your country's customs duties and import taxes before placing your order. The buyer is responsible for fully verifying compliance with all laws and regulations of the importing country upon receipt of the goods.

8. Cancellation or Modification of Orders

8.1 Once an order has been placed through our website, you may cancel or change your order by sending us an email. This is provided that we have been able to process your email in time. We cannot guarantee that we will be able to cancel your order. We operate automated systems. Busyness also plays a role. We are not responsible for the cancellation process and will do our best to process it in a timely manner.

8.2 Once an order has been packed, it cannot be canceled or changed and must instead be returned to us in accordance with paragraph 10 below. As our goods are shipped from Asia, transit times may be longer than our control. If the products are already on their way to you, cancellation is not possible. Please wait until you have received the goods and return them to us. Of course, you can notify us of your cancellation in advance. To guarantee the fastest possible return, please send us a dispatch confirmation. An early refund is only possible 16 weeks after receipt of the order if the goods have not been received.

8.3 As we operate a fully automated system, orders are processed immediately after they are placed. Therefore, we are unfortunately unable to interrupt the shipping process until delivery, so refunds before receipt of the goods are only possible up to 24 hours after ordering.

9. Defective Products

9.1 You acknowledge that the Products are standard products and have not been customized to your specific requirements.

9.2 All product descriptions, information, and materials mentioned on the Website are provided "as is" and without any warranties, express or implied, or otherwise.

9.3 Product images may differ slightly from the actual product you receive.

9.4 If the product you receive is defective, please send us an email informing us of the product to be returned and attaching a photo of the defective product.

9.5 You may return the product to us in accordance with paragraph 10.

9.6 We will inspect the product upon receipt. Our processing time will vary depending on your order.

9.7 We will send you an email notification if we are satisfied that the product is defective.

9.8 Our sole liability to you in respect of defective products will be (at our discretion):

(a) replace the Product and pay the delivery costs for delivery of the Products to the delivery address, for which you must return the defective Product to us and we will then deliver a replacement Product to the delivery address; or

(b) pay you an amount equal to the price of the Product and return the defective Product to us. We will refund this amount to the account from which we received payment, using the same payment method.

(c) If your item arrives defective, damaged, or non-functional upon delivery, please contact us within 7 days of receiving the product. The customer must provide a photo or video as evidence of the defect along with a description of the issue. Additional evidence may be requested if necessary.   

9.9 If we determine that the Product is not defective, we may, at our sole discretion, decide not to refund you for the Product and may require you to pay all reasonable servicing costs and apply these to the payment method used for the order. We will not be liable to you for any loss, liability, cost, damage, charge, or expense arising from this paragraph to the fullest extent permitted by law.

10. Returns and Refunds

10.1 Our Returns Policy forms part of these Terms and Conditions, subject to which you may access and use our Website.

10.2 If you are not completely satisfied with your order, you can inform us by email which product you wish to return and return the product to us. The cancellation period is 14 days from the day on which you, or a third party other than the carrier and indicated by you, received or took possession of the last good. Return form including return address: CLICK HERE

10.3 The cost of return shipping is borne by the customer.

10.4 The product must be received by us for the customer to be entitled to a refund. We will inspect the returned product upon arrival.

10.5 You must ensure that the product is returned to us in the same condition in which you received it and that it is correctly packaged. The product must be unused, the labels must not have been tampered with, and the product must be in its original packaging. If a product is returned to us in an unsuitable condition, we reserve the right to refuse return of the product.

10.6 The processing time for your return depends on your order.

10.7 If we are satisfied with the condition of the returned product, we will send you an email to authorize your return. After we notify you that your return has been approved, the amount will be refunded to the account used for the order within a short time.

10.8 The cancellation is complete when we receive the physical goods.

10.9 As our goods are shipped from Asia, longer transport times may occur, which are beyond our control. If the goods are already on their way to you, cancellation is not possible. Please wait until you have received the goods and send them back to us. Of course, you can notify us of your cancellation in advance. To guarantee the fastest possible return, please send us a shipping confirmation. An early refund is only possible 16 weeks after receipt of the order if the goods have not been received.

11. Vouchers

11.1 You can use our promotional vouchers or discounts when paying for products on the website.

11.2 To redeem a voucher or apply a discount, the voucher or discount code must be entered on the checkout page of our order.

11.3 Once the voucher or discount code has been entered and applied, the voucher or discount will be deducted from the total amount of your order at the checkout.

12.4 You can only redeem or use one voucher or discount per order.

11.5 The balance of a promotional voucher does not bear interest and has no cash value.

11.6 If the balance of a promotional voucher is insufficient to cover your order, you may pay the difference using a separate payment method available on the website.

11.7 If you use a promotional voucher for an order that has been returned, you will not be refunded the value of the promotional voucher. However, if you paid for part of the amount using a different payment method, that part may be refunded.

12. Permitted Use

12.1 You must not ("Prohibited Activities"):

(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairs the performance, availability, or accessibility of the website;

(b) use our website in any way that is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity;

(c) use our website to copy, store, host, transmit, use, publish or distribute any material which consists of (or is linked to) any spyware, computer viruses, Trojan horses, worms, keystroke loggers, rootkits or other malicious computer software;

(d) conduct any systematic or automated data collection activities (including scraping, data mining, data extraction or data harvesting) on ​​or in connection with our website without our express written consent;

(e) access or otherwise interact with our Site using a robot, spider, or other automated means;

(f) violate the policies contained in the robots.txt file for our Site;

(g) use data collected from our Site for any direct marketing activity (including email marketing, SMS marketing, telemarketing, or direct mail);

(h) use data collected from our Site to contact any individual, business, or other person or entity;

(i) use or direct the Site to interact with any device unless you are expressly authorized to do so;

(j) directly or indirectly use any Site infrastructure to initiate, distribute, participate in, direct, or attempt any attack or hack, or to send bandwidth-saturating, malicious, or potentially harmful network messages to any device, whether owned by us or not;

(k) directly or indirectly copy, publish, modify, translate, decompile, disassemble, reverse engineer or otherwise attempt to derive or access the structure or source code of the Site (whether to create derivative works of the source code or otherwise);

(l) use or access the Site to compile a similar or competing product or service or to provide any benchmarking or comparative study with respect to the products to any third party;

(m) sell, assign, sublicense, transfer, distribute or lease your access to the Site;

(o) make the Site available to any third party over a private computer network

; (p) edit or otherwise modify the content or paper or digital copies of materials printed or copied from our Site;

(q) use the Site in any way that is prohibited by any law or regulation applicable to the use of the Site;

(r) ask illegal questions or place illegal orders; or

(s) place speculative, false, or fraudulent orders.

12.2 You acknowledge that you will be liable to us for any damages, losses, liabilities, costs, or expenses incurred by us arising out of or in connection with any Prohibited Activity performed or authorized by you.

12.3 You agree to notify us as soon as possible after becoming aware of any person engaging in a Prohibited Activity. You will provide us with reasonable assistance in any investigation we may conduct based on the information you provide in that regard.

12.4 You must ensure that all information you provide to us through our Website or in relation to our Website or the Products:

(a) is true, accurate, current, complete and not misleading;

(b) complies with all applicable laws and regulations

; (c) does not infringe the privacy, protection of personal data, confidentiality or intellectual property or other rights of any person; and

(d) is not offensive, abusive, pornographic, defamatory, unreliable, misleading, illegal or otherwise objectionable.

12.5 You will promptly provide us with any documents or other information we request to verify your identity. You will promptly update any information you provide to us so that all your records with us are complete and accurate at all times.

12.6 You must comply with all applicable laws in relation to your use of the Website, and it is your sole responsibility to ensure that you comply with them, whether based on your country of residence, the location from which you access the Website, or any other factor.

12.7 Please email us if you become aware of any material or activity on our Website that violates these Terms.

13. Website Linking

13.1 Links from our Website to other websites and resources provided by third parties are provided for information purposes only. Links from our website to other websites and resources are not intended to be, and do not constitute, a recommendation or endorsement by us of those linked websites or resources, or of any information you may obtain from them.

13.2 You acknowledge and agree that we have no rights or control over the content of other websites and resources linked to or referred to by us from our website.

13.3 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. 13.4

You must not establish the link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists.

13.5 You must not place a link to our website on any website that is not owned by you.

13.6 Our website must not be framed within another website, nor may you create a link to any part of our website other than the home page.

13.7 We reserve the right to withdraw linking permission without notice.

13.8 The website to which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy (see paragraph 12 above).

13.9 Please contact us to obtain prior approval for any link to our website which does not comply with this paragraph 13.

14. Intellectual Property Rights

14.1 The code, structure, and organization of the website are protected by intellectual property rights.

14.2 We are the owner or the licensee of all intellectual property rights in our website, its content, and the material published on it. These works are protected by applicable laws and treaties throughout the world. All such rights are reserved.

14.3 You may use the Website and all content on the Website only for your personal and non-commercial use and in accordance with these Terms and Conditions. The content of the Website includes content relating to the Products.

14.4 You agree to notify us of any suspected infringement of any intellectual property rights owned by us.

14.5 You must not use our trademarks without our prior written consent, unless they are part of material that you use (and reproduce exactly) in accordance with paragraph 13.

15. Privacy

15.1 Our Privacy Policy forms part of these Terms and Conditions, which permit you to access and use our Website.

15.2 We use cookies on our Website. We also use cookies to track how our customers prefer to view our Website. By accepting these Terms and Conditions, you also consent to our use of cookies for this purpose. For more information about cookies, please see our Privacy Policy.

15.3 If you provide us with your personal data, we will process that personal data from time to time in accordance with your instructions and will take appropriate security measures to protect that personal data against unauthorized and unlawful processing and against accidental loss, destruction or damage.

15.4 Unless special security measures are in place or otherwise agreed in writing, information and documents arising in connection with the sale of the Products may be shared by us and, in particular, such information and documents in electronic form may be accessible to any of our employees, officers, consultants or agents.

16. Viruses

16.1 We do not warrant that our Website will be secure or free from bugs or viruses.

16.2 You are responsible for configuring your information technology, computer programs and platform to access our Website. You must use your own virus protection software.

16.3 You must not misuse our Website by knowingly introducing viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

16.4 You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website.

16.5 You must not attack our website via a denial-of-service attack or a distributed denial-of-service attack.

16.6 If we believe that you have failed to comply with the provisions of this paragraph 16, your right to use our website will cease immediately. We may report any breach to the relevant law enforcement authorities and will do so if we are required to do so by applicable law.

17. Liability

17.1 Subject to paragraph 17.13, to the fullest extent permitted by law, we exclude all liability and accept no responsibility for any loss you or any other person may suffer as a result of:

(a) any Third Party Content or User Content;

(b) our Content, including without limitation the accuracy, completeness or current status of our Content

; (c) the Products, including without limitation the quality, images, description or specifications, conformity to description and reasonable fitness of the Products for a particular purpose;

(d) reliance on any information or functionality provided in or through these Terms or our Website

(e) the inability to access the Website or any part of it, or access being interrupted or partial at any time, or containing errors; and

(f) any failure by us to perform any obligations, or delay in performing any obligations, whether or not we give prior notice, if and to the extent that the failure or delay is caused by any circumstance beyond our reasonable control, including telecommunications failure, power failure, terrorism. This includes telecommunications failure, power failure, terrorism, strikes, severe weather, computer failure, failure of suppliers to deliver, industrial disputes and absence of employees due to illness or injury, and the time for performance of any obligation the performance of which is affected will be extended accordingly.

17.2 We will not be liable to you (whether in contract, tort (including negligence), breach of statutory duty, or otherwise) for any loss of profits, business opportunity, goodwill, savings or benefits, or for any indirect, special, or consequential loss or damage, even if such loss or damage was reasonably foreseeable or the relevant party knew of the possibility of such loss or damage.

17.3 Our liability arising directly or indirectly from these Terms and Conditions (including your purchase of Products from us under these Terms and Conditions) or which is not expressly excluded under these Terms and Conditions is limited to, and shall not exceed, the greater of US$1,000 or five times the price you paid for the Products giving rise to the liability. The amount of this limitation of liability will be reduced by the amount of any unpaid amounts you owe us.

17.4 Any claim by either party for breach of contract, tort (including negligence), breach of statutory duty, or otherwise arising out of or in connection with these Terms and Conditions must be brought within one year of the act or omission alleged to have caused the loss or expense.

17.5 Except to the extent that claims cannot be excluded or limited by law, you may not bring any claim arising out of or in connection with these Terms and Conditions personally against our employees, officers, consultants, or other representatives involved in the performance of the relevant obligations.

17.6 All representations or warranties, whether contractual or non-contractual, and all warranties, conditions, terms, undertakings and undertakings arising by statute, common law, usage of the trade, course of dealing or otherwise (including implied warranties of satisfactory quality, conformity to description and reasonable fitness for a particular purpose) are excluded to the fullest extent permitted by law.

17.7 Only one claim may be made against us (including our employees, officers or consultants) arising out of one act or omission. An act or omission includes a series of related acts or omissions, the same act or omission in a series of related matters or similar acts or omissions in a series of related matters and includes all claims arising out of one thing.

17.8 The limitations in this paragraph 17 apply to our aggregate liability to you (including any other third parties to whom we may be held liable, with or without our consent) in respect of any claim, and you and all such other persons together can only make one claim against us in respect of the same loss.

17.9 Where a limitation of liability applies, it will apply to the whole of our provision of services or supply of products, regardless of the amount, and no separate, aggregate limitations of liability will apply to you, any group companies of which you are a part, and any person nominated by a business user.

17.10 If we are jointly and severally liable with another party, we are only liable to pay you that part that can reasonably be attributed to our fault. We are not liable to pay you that part that is due to the fault of another party for which that other party would otherwise be liable.

17.11 Our liability to you will be reduced by the amount for which another party would have been liable if

(a) you had also brought proceedings or made a claim against that other party; or

(b) we had brought proceedings or made a claim against that other party under the Civil Liability (Contribution) Ordinance or any similar law in any other relevant jurisdiction.

17.12 In assessing whether other parties may be liable to you, no account shall be taken of your inability to obtain remedies against another party because the remedies available to that party are limited, or because the party lacks sufficient resources, or relies on exclusions or limitations of liability, or because the other party no longer exists.

17.13 The exclusions and limitations of liability in these Terms and Conditions do not affect our liability

(a) for death or personal injury resulting from our negligence;

(b) for fraud or reckless disregard of professional duties;

(c) for any other liability which cannot be excluded or limited in the jurisdiction to which a relevant claim is subject, including limitations on our right to limit our liability, and

(d) in any other case, to limit our liability to less than the minimum required in the circumstances by any other law or regulation relevant to the claim; in such case, this minimum amount shall be deemed to replace the amount that would otherwise apply.

17.14 These provisions constitute an exhaustive list of the damages that a party or a third party may incur against either party arising out of or in connection with these Terms and Conditions.

18. Indemnity

18.1 You will, on demand, fully indemnify the Indemnified Parties against all claims, costs and losses of whatever nature which the Indemnified Parties may suffer or incur as a result of or in connection with:

(a) any material breach by you of the provisions of these Terms and Conditions;

(b) any fraud, negligence, misconduct or reckless imprudence in or in relation to your obligations under these Terms; and

(c) your use of our Website.

18.2 We shall be entitled to recover from you all expenses incurred by us in connection with any indemnified claim, and all such costs shall be payable on demand.

19. Force Majeure

19.1 If a Force Majeure Event lasts for more than one week, we may terminate these Terms and Conditions immediately by written notice without incurring any liability other than to refund any Product you have already paid for but which has not yet been delivered.

19.2 We reserve absolute discretion over the solution we choose to fully perform our obligations under these Terms and Conditions in the event of a Force Majeure event.

20. Changes

20.1 We may change these Terms and Conditions from time to time. We will notify you in advance of any material changes that we believe may adversely affect you. We will notify you of any changes to these terms and conditions. The then-current Terms and Conditions will apply to your use of our Website and to all products offered through our Website.

20.2 If you do not agree to any revised Terms and Conditions, you must stop using our Website or purchasing our Products.

20.3 If you have given your express consent to these Terms and Conditions, we will ask for your express consent to the changes to these Terms and Conditions before your first purchase of Products after the change comes into effect. If you have not given your express consent to the revised Terms and Conditions within such time as we may specify, you must stop using the Website or purchasing our Products.

21. Your Breach

21.1 Without prejudice to our other rights under these Terms, if you breach these Terms in any way, or we reasonably suspect that you have breached these Terms in any way, we may

(a) issue you with one or more formal warnings;

(b) temporarily suspend your access to our Site

; (c) stop processing any order

; (d) refuse any payment from you

; (e) permanently refuse you access to our Site;

(f) refuse to allow computers using your IP address to access our Site;

(g) contact one or more of your internet service providers to request that they block your access to our Site; or

(h) take legal action against you, whether for breach of contract or otherwise.

21.2 If we suspend, prohibit or suspend your access to our Site or any part of our Site, you must not take any action to circumvent such suspension, prohibition or suspension.

22. Termination and Suspension

22.1 You may discontinue use of the Website at any time.

22.2 We may suspend the provision of the Website at any time, with or without cause, and with or without notice.

22.3 Subject to paragraph 22.2, we may suspend or terminate your access to this Website if your use of the Website causes or threatens to cause legal liability of any kind or otherwise interferes with anyone else's use of the Website.

22.4 If we suspend or terminate your access to the Website, we will endeavour to give you prior notice. However, we may, at our sole discretion, suspend or terminate your access to the Website immediately without notice.

22.5 We do not guarantee that our Website will always be available or operate without interruption. We may discontinue, suspend, withdraw or restrict the availability of all or any part of our Website for business or operational reasons. We will endeavour to give you reasonable notice of any suspension or withdrawal. You will not be entitled to any compensation or other payment upon discontinuance, suspension, withdrawal or modification of the Website.

23. Consequences of Termination

23.1 Upon termination of these Terms and Conditions, any obligation to provide customer support will cease immediately.

23.2 Under no circumstances will you have any claim against us for compensation for loss of rights, loss of goodwill, or other damages arising from the termination of these Terms and Conditions for any reason whatsoever.

23.3 Termination of these Terms and Conditions will not affect any other rights that may have already accrued and will not affect any provisions of these Terms and Conditions which, by their terms, are expressly intended to come into force or continue in force thereafter. Sections 17 (Liability) and 18 (Indemnity) will survive any termination of these Terms and Conditions.

24. General Provisions

24.1 You may not assign your rights under these Terms and Conditions.

24.2 The rights, powers, and remedies provided for in these Terms and Conditions are (unless expressly provided otherwise) cumulative and not exclusive of any rights, powers, and remedies provided for by law or otherwise.

24.3 We outsource the hosting of the Website to a third party.

24.4 If the validity or enforceability of any provision of these Terms and Conditions is limited in any way by applicable law, that provision shall be valid and enforceable to the fullest extent permitted by such law. The invalidity or unenforceability of any such provision shall not affect the validity or enforceability of any remaining provisions.

24.5 The failure or delay in exercising any right, power or remedy provided by these Terms and Conditions or by law shall not constitute a waiver of such right, power or remedy. Our waiver of any breach of any provision of these Terms and Conditions shall not constitute a waiver of any subsequent breach of that provision or a waiver of any other provision.

24.6 The exercise of the parties' rights under these Terms and Conditions shall not be subject to the consent of any third party.

24.7 These Terms and Conditions are for the benefit of us and you and are not intended to benefit or be enforceable by any third party.

25. Governing Law

25.1 These Terms and Conditions, their subject matter and their formation (and any non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of China.

25.2 Any dispute, controversy, difference, or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms and Conditions, including the existence, validity, interpretation, performance, breach, or termination thereof, or any dispute relating to non-contractual obligations arising out of or in connection with these Terms and Conditions, shall be submitted to and finally settled by arbitration administered by China in force at the time the notice of arbitration is filed. The law applicable to this arbitration clause shall be Chinese law. The place of arbitration shall be China. The number of arbitrators shall be one. The arbitration shall be conducted in English.

26. Terms of Arbitration (Selective)

Description of the business structure.

The goods offered on www.helvika.ch are expressly not

sold by Helvika. The goods offered are sold by the seller (enter company name,

enter foreign company). This means that the purchase contract is concluded between the buyer and the seller

. Helvika does not become a party to these contracts in any way.

Helvika merely provides an intermediary platform.

The general terms and conditions that apply between the seller and the buyer are included at the end of this document.

Note: These general terms and conditions apply between

the buyer and the seller and are therefore not enforceable against the website owner.

If the seller is based in a country within the EU or in Norway, Liechtenstein or

Iceland, the European Distance Selling

Directive applies to the concluded contracts. All rights and guarantees mentioned in this directive are therefore applicable.

applicable.

Mediation Terms

Article 1 - Definitions

In these Mediation Terms the following definitions apply:

Website: www.helvika.ch. This refers to the platform provided. This also includes
all sub-domains.

Owner of the website: the company Helvika, which is based in Hong Kong and registered in Hong Kong.
Buyer: the person who makes a purchase from the seller via the aforementioned website.
Seller: the foreign company that sells goods to the buyer, either as a manufacturer or supplier.
sells to the buyer.

`

Article 2 - The buyer's rights

If the seller is based in a country within the EU, be it Norway, Liechtenstein or

Iceland, the European Distance Selling Directive applies to the concluded contracts

. All rights and guarantees set out in this policy therefore apply,

including:

The seller is obliged to provide the buyer with information regarding taxes, payments, deliveries and the fulfillment
of the contract clearly and in writing within a reasonable time.

The buyer must receive the order within 30 days, unless a different period has been agreed. In the event
that a product is not or no longer available, the seller must inform the buyer of

this. Any (advance) payments must be refunded to the buyer's account within the 30-day period,

unless the seller delivers a comparable product.

The buyer has a right of withdrawal of at least fourteen days, which means the buyer can return the purchase without giving any reason.
The shipping costs

incurred in this situation are for the buyer's account. Any (down) payments must be refunded within thirty days

to a bank account specified by the buyer.

Article 3 - The Intermediary Service.

The goods offered on the website are not sold by the website owner. These
goods are sold by the seller. Upon purchase of the goods, a

purchase contract is concluded between the buyer and the seller.

The goods are sold by the seller through the website.
The website owner provides the seller with an intermediary service. When ordering goods
via the website, the website owner is authorized as an intermediary on behalf of and for the account of the buyer.

The website owner is therefore authorized

to place an order with the seller on behalf of the seller.

The seller is based outside of Germany, therefore, if the goods in question are imported,
this is always done on behalf of the buyer. Additional costs, such as import VAT and

(customs) clearance costs, are also borne by the buyer.

Payments to the website owner are made exclusively for the provision and
maintenance of the intermediary platform.



Article 4 - Financial settlement

Payment for the purchased product is made through the website owner, with the sales price
being paid to the seller after deduction of the previously agreed intermediary fee.

The seller sets the prices used on the website.
For each product sold, the seller pays a fixed amount to the website owner. This amount is
stipulated in a separate agreement and only covers the provision and maintenance of the intermediary platform

.

Article 5 - Complaints

1 The Buyer may

address any complaints regarding the execution of the contract to the Seller.

2 The Seller will respond to any complaint received within fourteen days. 3

In case of dissatisfaction with the procedure referred to in paragraph 1 of this article, the Buyer may contact

the Dispute Resolution Committee of the European ODR platform (https://ec.europa.eu/consumers/odr/). 27. Interpretation 26.1 In these General Terms and Conditions: "Contract" means your order for a product or products in accordance with these Terms and Conditions, which we accept in accordance with paragraph 4.3; "Customer" means any person who places an order on the Website; "Delivery Address" means the delivery address specified in the relevant order; "Estimated Delivery Date" means an estimated delivery date of an order;

















"Force Majeure" means any event or circumstance resulting in any failure or delay in the performance of any obligation under these Terms and Conditions caused by or resulting from a cause beyond our reasonable control and not due to our failure to use reasonable care to avoid such failure or delay, and includes war or threat of war; war or threat of war, natural or nuclear disasters, riot or civil disturbances, pandemics, terrorist acts, malicious damage, fire or flood, compliance with any new law or order of any governmental or judicial authority, closure of airports or ports, or trade disputes not related to the party affected by the event or condition causing the interruption or delay in work;

"Indemnified Parties" means us, each Affiliated Company, and their respective officers, employees, contractors, and agents. "Intellectual Property Rights" means all intellectual property rights, including patents, trademarks, design rights, copyright, database rights, trade secrets, and all rights of a similar nature;

"Order" means the order submitted by you via our Website to purchase one or more Products from us;

"Order Confirmation" means our email to you confirming your Order in accordance with paragraph 4.3;

"Payment Intermediary" means a third-party payment processing service provider appointed by us;

"Product" means a product offered on our Website;

"Website" means the Website;

"Website Infrastructure" means all of our systems (including code) that enable, provide, or describe the Website;

26.2 References to "paragraphs" are references to paragraphs of these Terms and Conditions.

26.3 Headings are for convenience only and shall not affect the interpretation or construction of these Terms and Conditions.

26.4 Words denoting the singular include the plural, and vice versa. Words denoting a gender include any gender, and references to persons include an individual, company, corporation, firm, or partnership.

26.5 Intermediary Company (we) Information about the Intermediary Company



Email address: basel@Helvika.ch





Please email us if you have any questions or comments about these Terms and Conditions, the Website, or the Products.