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
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
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.
2.4 If the payment method "PayPal Express" is selected, the payment is processed via the
payment service provider PayPal (Europe) S.à r.l. et Cie, SCA, 22-24 Boulevard Royal, L-
available at https://www.paypal.com/webapps/mpp/ua / useragreement-full or – if the
customer does not have a PayPal account – under the conditions of payments without a
PayPal account, available at https://www.paypal.com/en/webapps/mpp/ua/privacywax- full. If
the customer selects "PayPal Express" as a payment method in the online order process, he
also issues a payment order to PayPal by clicking on the button that concludes the order
process. In this case, the seller already declares the acceptance of the offer of the customer
at the time in which the customer triggers the payment process by clicking the button
concluding the order process.
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
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
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
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.
4.4 If payment is made by means of a payment method offered by PayPal, payment is
processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, SCA, 22-24
Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"), under the terms of the PayPal
– if the customer does not have a PayPal account – under the conditions of payments without
a PayPal account, available at https://www.paypal.com/en/webapps/mpp/ua/privacywax- full.
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
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
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
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.