Terms and conditions

General Terms and Conditions of Business with Customer Information

Table of Contents

1.      Scope of Application

2.      Conclusion of Contract

3.      Right of Withdrawal

4.      Prices and Terms of Payment

5.      Delivery and Shipping Conditions

6.      Granting Rights of Use for Digital Content

7.      Retention of Title

8.      Liability for Defects (warranty)

9.      Applicable Law

10.   Place of Jurisdiction

11.   Alternative Dispute Resolution

 

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Gunold GmbH (hereinafter referred to as "Seller") shall apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter referred to as "Customer") with the Seller with respect to the goods presented by the Seller in his online shop. The inclusion of the customer's own terms and conditions is hereby objected to unless otherwise agreed.

1.2 Contracts for the delivery of digital content shall be subject to these GTC, unless otherwise expressly agreed.

1.3 For the purposes of these General Terms and Conditions, a consumer is any natural person who concludes a legal transaction for purposes that cannot be attributed primarily to his commercial or independent professional activity. Entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity which, when concluding a legal transaction, acts in the exercise of its commercial or self-employed professional activity.

1.4 Digital contents in the sense of these GTC are all data not stored on a physical data carrier, which are produced in digital form and provided by the seller under granting of certain rights of use more precisely regulated in these GTC.

 

2) Conclusion of Contract

2.1 The product descriptions provided in the seller's online shop do not represent any binding offers on the part of the seller, but serve to submit a binding offer by the customer.

2.2 The customer can submit the offer via the online order form integrated in the seller's online shop. After placing the selected goods in the virtual shopping cart and having completed the electronic ordering process, the customer submits a legally binding contract offer with regard to the goods contained in the shopping cart by clicking the button that concludes the order process.

 

2.3 The Seller may accept the Customer's offer within five days
- by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is authoritative in this respect, or
- by delivering the ordered goods to the customer, in so far as the receipt of the goods by the customer is authoritative, or
-by requesting the customer to pay after placing his order.

If several of the above-mentioned alternatives are available, the contract is concluded at the time when one of the above-mentioned alternatives occurs first. The period of time for acceptance of the offer begins on the day following the dispatch of the offer by the customer and ends with the expiry of the fifth day following the dispatch of the offer. If the seller does not accept the customer's offer within the aforementioned period of time, this shall be deemed to be a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.

2.4 When submitting an offer via the seller's online order form, the text of the contract is stored by the seller and sent to the customer in text form (e. g. e-mail, fax or letter) together with the present General Terms and Conditions of Business. In addition, the contract text is archived on the seller's website and can be accessed free of charge 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.

2.5 Before placing an order through the Seller's online order form, the Customer can detect possible input errors by carefully reading the information displayed on the screen. The magnification function of the browser can be an effective technical tool for better recognition of input errors, which can be used to enlarge the display on the screen. The customer can correct his or her entries within the electronic ordering process using the usual keyboard and mouse functions until he or she clicks on the button that concludes the ordering process.

2.6 Only the German language is available for the conclusion of the contract.

2.7 The order processing and contacting usually takes place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him/her for order processing 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 has to ensure that all e-mails sent by the seller or third parties appointed to process the order can be delivered.

3) Right of Withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the seller's withdrawal policy.

 

4) . Prices and Terms of Payment

4.1 Unless otherwise stated in the seller's product description, the prices quoted are all total prices including statutory value added tax. If applicable, additional delivery and shipping costs are stated separately in the respective product description.

4.2 The customer will be informed of the payment option (s) in the seller's online shop.

4.3 If payment is made by means of a payment method offered by PayPal, payment processing is carried out via the payment service provider PayPal (Europe) S. à r. l. et Cie, S. C. A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter:"PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the Customer does not have a PayPal account - subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

4.4 The purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price is to be paid within 7 (seven) days from receipt of the invoice without deduction, unless otherwise agreed. The seller reserves the right to offer the payment method purchase on account only up to a certain order volume and to refuse this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer in his payment information in the online shop of a corresponding payment restriction. The seller also reserves the right to carry out a credit check when selecting the payment method Invoice Purchase and to reject this payment method in the event of a negative credit check.

4.5 By selecting the payment method SEPA Direct Debit, the customer agrees to shorten the SEPA Direct Debit Advance Information to one day. Pre-Notification "means any communication (e. g. invoice, policy, contract) of the Seller to the Customer which announces a debit by means of SEPA Direct Debit. If the direct debit is not honoured due to insufficient account coverage or due to the indication of an incorrect bank account, or if the customer objects to the debit, even though he is not entitled to do so, the customer shall bear the fees arising from the reversal of the respective bank, if he is responsible for this.

 

5) Delivery and Shipping Conditions

5.1 Unless otherwise agreed, goods shall be shipped to the delivery address specified by the customer. The delivery address stated in the seller's order processing is decisive for the transaction.

5.2 If the transport company sends the shipped goods back to the seller, since it was not possible to deliver them to the customer, the customer shall bear the costs for unsuccessful shipment. This does not apply if the customer effectively exercises his right of withdrawal, if he is not responsible for the circumstance that led to the impossibility of delivery, or if he was temporarily prevented from accepting the offered service, unless the seller had notified him of the service for a reasonable period of time in advance.

5.3 For logistical reasons, it is not possible to personally collect the goods.

 

6) Granting Rights of Use for Digital Content

6.1 Unless otherwise stated in the content description in the online shop of the seller, the seller grants the customer the non-exclusive, locally and temporally unlimited right to use the provided content for private as well as business purposes.

6.2 Passing on the contents to third parties or making copies for third parties outside the scope of these GTC is not permitted, unless the seller has consented to the transfer of the contractual license to the third party.

6.3 The granting of rights shall only become effective when the customer has fully paid the contractually owed remuneration. The seller may also grant provisional permission to use the contents of the contract before this date. Such provisional authorisation does not constitute a transfer of rights.

7) Retention of Title

If the seller is prepared to deliver upfront, he reserves the right of ownership of the delivered goods until the purchase price owed has been paid in full, meaning the title to the goods shall remain vested in the seller and shall not pass to the buyer until the purchase price for the goods has been paid in full and received by the seller.

 

8) Liability for Defects (warranty)

8.1 If the purchased item is defective, the provisions of statutory liability for defects apply.

8.2 Should buyer notice any damage to the packaging upon delivery, it should be  ensured that the transport person confirms the damage in writing, and inform the  seller immediately or if necessary, may refuse receipt of goods.  If the customer fails to do so, this shall have no effect on his statutory or contractual claims for defects.

 

9) Applicable Law

The laws of the Federal Republic of Germany shall apply to all legal relations between the parties to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice of law shall apply 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) Place of Jurisdiction

If the customer acts as a merchant, legal entity under public law or special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of the seller. If the customer has its registered office outside the territory of the Federal Republic of Germany, the business domicile of the seller is the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims from the contract can be attributed to the customer's professional or commercial activity. In the above-mentioned cases, however, the seller is in any case entitled to appeal to the court at the customer's domicile. .

 

11) Alternative Dispute Resolution

11.1 The European Commission provides an online dispute resolution platform on the Internet at http://ec.europa.eu/consumers/odr

This platform serves as a contact point for out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.iese Plattform dient als Anlaufstelle zur außergerichtlichen Beilegung von Streitigkeiten aus Online-Kauf- oder Dienstleistungsverträgen, an denen ein Verbraucher beteiligt ist.

11.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board