Terms of service
Terms of Service
- 1 scope
(1) These general terms and conditions of sale (hereinafter:GTC) apply to all contracts concluded via our online shop between us, Gaumex GmbH, managing director Oliver Noack, Hegewiese 30a, 61389 Schmitten, firstname.lastname@example.org , and you as ours Customers. The terms and conditions apply regardless of whether you are a consumer, entrepreneur or merchant.
(2) All agreements made between you and us in connection with the purchase contract result in particular from these conditions of sale, our written order confirmation and our declaration of acceptance.
(3) The version of the General Terms and Conditions valid at the time the contract is concluded is decisive.
(4) We do not accept deviating conditions of the customer. This also applies if we do not expressly contradict the inclusion.
- 2 conclusion of contract
(1) The presentation and promotion of articles in our online shop does not constitute a binding offer to conclude a purchase contract.
(2) By submitting an order via the online shop by clicking the button “order with obligation to pay”, you are placing a legally binding order. You are bound to the order for a period of two (2) weeks after placing the order; Your existing right to cancel your order remains unaffected.
(3) We will immediately confirm receipt of your order placed via our online shop by email. Such an e-mail does not yet constitute a binding acceptance of the order, unless acceptance is declared in addition to the confirmation of receipt.
(4) A contract is only concluded when we accept your order with a declaration of acceptance or with the delivery of the ordered items.
(5) We can only consider orders for deliveries abroad with a minimum order value. The minimum order value can be found in the price information provided in our online shop.
(6) If the delivery of the goods you have ordered is not possible, for example because the goods in question are not in stock, we will not issue a declaration of acceptance. In this case, a contract will not be concluded. We will inform you about this immediately and reimburse you for any consideration already received.
- 3 Terms of delivery and reservation of prepayment
(1) We are entitled to make partial deliveries insofar as this is reasonable for you.
(2) The delivery period is approximately three to five working days, unless otherwise agreed. It begins - subject to the provision in Paragraph 3 - with the conclusion of the contract.
(3) In the case of orders from customers with their place of residence or business abroad or if there are reasonable indications of a risk of payment default, we reserve the right to deliver only after receipt of the purchase price plus shipping costs (advance payment reservation). If we make use of the advance payment reservation, we will inform you immediately. In this case, the delivery period begins with the payment of the purchase price and the shipping costs.
- 4 Prices and Shipping Costs
(1) All prices in our online shop are gross prices including statutory sales tax and do not include shipping costs.
(2) The shipping costs are specified in our price information in our online shop. The price including sales tax and applicable shipping costs will also be displayed in the order mask before you submit the order.
(3) If we fulfill your order through partial deliveries, you will only incur shipping costs for the first partial delivery. If the partial deliveries are made at your request, we will charge shipping costs for each partial delivery.
(4) If you effectively revoke your contractual declaration, you can demand reimbursement of costs already paid for shipping to you (shipping costs) under the legal requirements.
- 5 Terms of payment and set-off and right of retention
(1) The purchase price and the shipping costs are to be paid at the latest within two (2) weeks of receipt of our invoice.
(2) You can choose to pay the purchase price and the shipping costs only with the payment options we offer.
(3) You are not entitled to offset against our claims unless your counterclaims have been legally established or are undisputed. You are also not entitled to offset against our claims if you have notifications of defects or counterclaims from the
assert the same sales contract.
(4) As a buyer, you may only exercise a right of retention if your counterclaim arises from the same purchase contract.
- 6 Reservation of Title
The delivered goods remain our property until the purchase price has been paid in full.
- 7 Warranty
(1) We are liable for material or legal defects of delivered articles in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. The limitation period for statutory claims for defects is two years and begins with the delivery of the goods.
(2) Any seller guarantees given by us for certain items or manufacturer guarantees granted by the manufacturers of certain items apply in addition to claims for material or legal defects within the meaning of Paragraph 1. Details of the scope of such guarantees result from the guarantee conditions that may apply to the items enclosed.
- 8 liability
(1) We are liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of wasted expenses.
(2) In other cases - unless otherwise regulated in Paragraph 3 - we are only liable in the event of a breach of a contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and on which you as the customer can regularly rely (so-called cardinal obligation), limited to the replacement of the foreseeable and typical damage. In all other cases, our liability is excluded, subject to the provision in Paragraph 3.
(3) Our liability for damage resulting from injury to life, limb or health and in accordance with the Product Liability Act remains unaffected by the above limitations and exclusions of liability.
- 9 Copyrights
We have copyrights to all images, films and texts that are published in our online shop. Use of the images, films and texts is not permitted without our express consent.
- 10 Applicable law and place of jurisdiction
(1) The law of the Federal Republic of Germany applies to the exclusion of the UN sales law. If you have placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of this country remains unaffected by the choice of law made in sentence 1.
(2) If you are a merchant and your registered office is in Germany at the time of the order, the exclusive place of jurisdiction is the registered office of the seller. In addition, the applicable statutory provisions apply to local and international jurisdiction.