1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of GM Handel und Vertrieb GbR (hereinafter referred to as “Seller”) apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as “Customer”) with the Seller in respect of Seller completes displayed goods in his online store. Hereby the inclusion of own conditions of the customer is contradicted, unless it is agreed otherwise.
1.2 For contracts for the delivery of vouchers, these terms and conditions apply accordingly, unless otherwise stipulated otherwise.
1.3 Consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity can be attributed. Entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership that acts in the execution of a legal transaction in the exercise of their commercial or independent professional activity.
2) Conclusion of contract
2.1 The product descriptions contained in the seller’s online shop do not constitute binding offers by the seller, but serve to make a binding offer by the customer.
2.2 The customer may submit the offer via the online order form integrated in the online shop of the seller. In this case, after the customer has placed the selected goods in the virtual shopping cart and has gone through the electronic ordering process, by clicking on the button concluding the ordering process, the customer submits a legally binding contract offer in relation to the goods contained in the shopping cart.
2.3 The seller can accept the offer of the customer within five days,
by submitting to the customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation at the customer is authoritative, or
by delivering the ordered goods to the customer, in which case the access of the goods to the customer is decisive, or
by asking the customer to pay after submitting his order.
If several of the aforementioned alternatives are available, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The deadline for the acceptance of the offer begins on the day after the submission of the offer by the customer to run and ends with the expiry of the fifth day, which follows the dispatch of the offer. If the seller does not accept the offer of the customer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.
2.5 When placing an offer via the online order form of the seller, the contract text will be stored by the seller and sent to the customer after sending his order in addition to the present terms and conditions in writing (eg e-mail, fax or letter). In addition, the text of the contract is archived on the seller’s website and can be called up by the customer via his password-protected customer account with the corresponding login data, provided that the customer has created a customer account in the seller’s online shop before sending his order.
2.6 Prior to the binding submission of the order via the seller’s online order form, the customer can detect possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors may be the enlargement function of the browser, with the help of which the representation on the image.
2.7 Only the German or English languages are available for the conclusion of the contract.
2.8 The order processing and contact usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address specified by him for processing the order is correct, so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned with the order processing can be delivered.
3) Right of withdrawal
3.1 Consumers are in principle entitled to a right of withdrawal.
3.2 Further information on the right of revocation results from the revocation instruction of the seller.
4) Prices and terms of payment
4.1 Unless otherwise stated in the seller’s product description, the prices quoted are total prices that include statutory value added tax. If necessary, additional delivery and shipping costs are specified separately in the respective product description.
4.2 The payment option (s) will be communicated to the customer in the online shop of the seller.
4.3 If advance payment has been agreed by bank transfer, the payment is due immediately upon conclusion of the contract, unless the parties have agreed on a later due date.
4.5 By selecting the payment method “PayPal Credit” (installment payment via PayPal), the seller assigns his payment claim to PayPal. Before accepting the seller’s assignment, PayPal will conduct a credit check using the submitted customer information. The seller reserves the right to refuse the customer the payment method “PayPal Credit” in case of a negative examination result. If the payment method “PayPal Credit” is approved by PayPal, the customer has to pay the invoice amount to PayPal at the conditions specified by the seller, which are communicated to him in the online shop of the seller. In this case, he can only pay to PayPal with a debt-discharging effect. However, the seller remains responsible for general customer inquiries, even in the case of assigning claims. For example, to the goods, delivery time, shipping, returns, complaints, revocation statements and shipments or credits.
4.6 If you select the payment method “PayPal Direct Debit”, PayPal will deduct the invoice amount from the bank account of the customer after issuing a SEPA direct debit mandate, but not before the deadline for the preliminary information on behalf of the seller. Pre-notification (“Pre-Notification”) is any notice (e.g., invoice, policy, contract) to the customer that announces a debit via SEPA Direct Debit. If the direct debit is not redeemed for lack of sufficient account coverage or due to the specification of a wrong bank account or contradicts the customer of the debit, although he is not entitled to do so, the customer has to bear the chargeback of the respective credit institution, if he is responsible for this ,
4.7 If the payment method Direct Debit via Stripe is selected, the payment is processed via the payment service provider Stripe Payments Europe, Ltd., C / O A & L Goodbody, Ifsc, North Wall Quay, Dublin 1, Ireland (“Stripe”). In this case, Stripe will deduct the invoice amount from the client’s bank account after issuing a SEPA direct debit mandate, but not before the pre-notification deadline has expired on behalf of the seller. Pre-notification (“Pre-Notification”) is any notice (e.g., invoice, policy, contract) to the customer that announces a debit via SEPA Direct Debit. If the direct debit is not redeemed for lack of sufficient account coverage or due to the specification of a wrong bank account or contradicts the customer of the debit, although he is not entitled to do so, the customer has to bear the chargeback of the respective credit institution, if he is responsible for this , The seller reserves the right to carry out a credit check and to reject this method of payment if the payment method SEPA direct debit is negative.
4.8 When selecting the payment method credit card, the invoice amount is due immediately upon conclusion of the contract. The processing of the payment method credit card payment takes place in cooperation with the secupay.
5) Delivery and shipping conditions
5.1 The delivery of goods shall be made on the way to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the order processing of the seller is decisive.
5.2 If the transport company sends the goods back to the seller, because a delivery to the customer was not possible, the customer bears the cost of unsuccessful shipping. This does not apply if the customer is not responsible for the circumstance leading to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller has informed him of the service a reasonable time in advance would have. Furthermore, this does not apply to the cost of the consignment, if the customer exercises his right of withdrawal effectively. For the return costs applies in case of effective exercise of the right of withdrawal by the customer to the provision made in the cancellation policy of the seller.
5.3 Pickup is not possible for logistical reasons.
5.4 Vouchers will be given to the customer as follows:
– by email
6) Retention of title
If the seller steps in advance, he reserves the ownership of the delivered goods until full payment of the purchase price owed.
7) Liability for defects (warranty)
7.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply.
7.2 The customer is requested to claim delivered goods with obvious transport damage to the deliverer and to inform the seller thereof. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.
8) Redemption of gift vouchers
8.1 Vouchers that can be purchased via the online shop of the seller (hereinafter “gift vouchers”), can only be redeemed in the online shop of the seller, unless otherwise specified in the voucher.
8.2 Gift vouchers and remaining credits of gift vouchers are redeemable until the end of the third year following the year of the voucher purchase. Remaining credits will be credited to the customer until the expiry date.
8.3 Gift vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.
8.4 Only one gift certificate can be redeemed per order.
8.5 Gift Certificates can only be used to purchase goods and not for the purchase of additional Gift Certificates.
8.6 If the value of the Gift Certificate is insufficient to cover the order, one of the remaining payment methods offered by the Seller may be used to settle the difference.
8.7 The credit of a Gift Certificate will not be paid in cash or interest.
8.8 The Gift Certificate is transferable. The seller can make a liberating effect to the respective owner, who redeems the gift certificate in the online shop of the seller. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-entitlement, the inability to operate or the lack of representation of the respective owner.
9) Applicable law
For all legal relationships between the parties, the law of the Federal Republic of Germany applies, excluding the laws on the international purchase of movable goods. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
10) Alternative Dispute Resolution
10.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.
10.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.