General Terms and Conditions
General terms and conditions (version of 27.06.2018).
- § 1 Scope
- § 2 Conclusion of contract
- § 3 Right of withdrawal
- § 4 Prices and terms of payment
- § 5 Delivery and Shipping Terms
- § 6 Retention of Title
- § 7 Liability for defects (warranty)
- § 8 Redemption of promotional vouchers
- § 9 Applicable Law
- § 10 Jurisdiction
- § 11 Code of conduct
- § 12 Alternative Dispute Resolution
- § 13 Address, Imprint
1.1 These General Terms and Conditions (hereinafter "GTC") of get your goods GmbH (hereinafter "Seller"), apply to all contracts for the delivery of goods, which a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller with regard 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 Consumer in the sense of these terms and conditions is any natural person who enters into a legal transaction for purposes that can be attributed predominantly neither to their commercial nor their independent professional activity. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.
2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but are used for the submission of a binding offer by the Customer.
2.2 The customer can submit the offer via the online order form integrated into the seller's online shop. In doing so, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the customer can also submit the offer to the seller by telephone, fax, e-mail or online contact form..
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 decisive, or .
- by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer shall be decisive, or .
- by requesting payment from the customer after the customer has placed his order .
2.4 If the payment method "Amazon Payments" is selected, the payment will be processed via the payment service provider Amazon Payments Europe s.c.a., 5 Rue Plaetis, L-2338 Luxembourg (hereinafter: "Amazon"), subject to the Amazon Payments Europe User Agreement, which can be viewed at https://payments.amazon.de/help/201751590. If the customer selects "Amazon Payments" as the payment method during the online ordering process, he also issues a payment order to Amazon by clicking the button that concludes the ordering process. In this case, the Seller already declares acceptance of the Customer's offer at the time when the Customer triggers the payment process by clicking the button that concludes the ordering process.
2.5 When submitting an offer via the Seller's online order form, the text of the contract will be stored by the Seller and sent to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent his order together with these General Terms and Conditions. However, the text of the contract can no longer be retrieved by the customer via the seller's website after the order has been sent.>.
2.6 Before bindingly placing the order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process..
2.7 For the conclusion of the contract, the German and English languages are available.
2.8 Order processing and contacting usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered..
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 More detailed information on the right of withdrawal can be found in the cancellation policy of the seller.
4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices which include statutory VAT. Any additional delivery and shipping costs will be indicated separately in the respective product description..
4.2 The payment option(s) will be communicated to the customer in the seller's online shop..
4.3 If payment in advance by bank transfer is agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.5 If the payment method "PayPal Credit" (payment by instalments via PayPal) is selected, the Seller assigns his payment claim to PayPal. Prior to accepting the Seller's declaration of assignment, PayPal shall conduct a credit check using the transmitted customer data. The seller reserves the right to refuse the customer the payment method "PayPal Credit" in case of a negative check result. If the payment method "PayPal Credit" is approved by PayPal, the customer must 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 PayPal with debt-discharging effect. However, the Seller shall remain responsible for general customer inquiries, e.g. regarding the goods, delivery time, shipment, returns, complaints, revocation declarations and deliveries or credit notes, even in the event of assignment of the claim.
4.6 In the event that the Seller is unable to pay, the Seller may only pay to PayPal with the effect of discharging the debt.
4.6 If the payment method "SOFORT" is selected, the payment will be processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to be able to pay the invoice amount via "SOFORT", the customer must have an online banking account with PIN/TAN procedure that has been activated for participation in "SOFORT", must legitimize himself accordingly during the payment process and must confirm the payment instruction to "SOFORT". The payment transaction will be carried out immediately afterwards by "SOFORT" and the customer's bank account will be debited. More detailed information about the payment method "SOFORT" can be found by the customer on the internet at https://www.klarna.com/sofort/.
4.7 If the SEPA direct debit payment method is selected, the invoice amount is due for payment after a SEPA direct debit mandate has been issued, but not before the deadline for the advance information. The direct debit is collected when the ordered goods leave the seller's warehouse, but not before the expiry of the deadline for the pre-notification. Pre-notification is any communication (e.g. invoice, policy, contract) from the seller to the customer announcing a debit by SEPA direct debit. If the direct debit is not honoured due to a lack of sufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the direct debit although he is not entitled to do so, the customer shall bear the fees incurred by the respective credit institution as a result of the chargeback if he is responsible for this. The Seller reserves the right to carry out a creditworthiness check when selecting the payment method SEPA direct debit and to reject this payment method in the event of a negative creditworthiness check. If you select the payment method Klarna Invoice Purchase or the payment method Klarna Installment Purchase, the payment will be processed by Klarna AB (publ) [https://www.klarna.com/de], Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). Further information on Klarna invoice and instalment purchase as well as Klarna's terms and conditions for this can be found in the Seller's payment information, which can be viewed at the following Internet address: https://cdn.klarna.com/1.0/shared/content/legal/terms/23404/de_de/invoice?fee=0
5.1 Delivery of goods shall be made by shipping to the delivery address provided by the customer, unless otherwise agreed. In processing the transaction, the delivery address specified in the Seller's order processing shall prevail..
5.2 In the case of goods delivered by freight forwarding, delivery shall be made "free kerbside", i.e. to the public kerbside nearest to the delivery address, unless otherwise stated in the shipping information in the Seller's online shop and unless otherwise agreed..
5.3 If the shipping company returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller had given him a reasonable amount of notice. Furthermore, this does not apply with regard to the costs for the return shipment if the customer effectively exercises his right of revocation. For the return costs, the provision made in the cancellation policy of the seller in this regard shall apply if the customer effectively exercises the right of cancellation..
5.4 Self-collection is not possible for logistical reasons.
If the seller makes advance performance, he retains ownership of the delivered goods until the purchase price owed has been paid in full.
7.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply.
7.2 Deviating from this, the following applies to used goods: Claims for defects are excluded if the defect only occurs after the expiry of one year from delivery of the goods. Defects that occur within one year of delivery of the goods can be claimed within the statutory limitation period. However, the reduction of the liability period to one year shall not apply
- for items which have been used in accordance with their customary use for a building and have caused its defectiveness, .
- for claims for damages and reimbursement of expenses of the customer, as well as .
- for the case that the Seller has fraudulently concealed the defect.
7.3 The customer is requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the seller of this. If the customer fails to do so, this shall have no effect whatsoever on his statutory or contractual claims for defects.
8.1 Vouchers which are issued free of charge by the Seller as part of promotions with a specific period of validity and which cannot be purchased by the Customer (hereinafter "Promotion Vouchers") can only be redeemed in the Seller's online shop and only during the specified period of time.
8.2 Individual products may be excluded from the voucher promotion, provided that a corresponding restriction results from the content of the promotion voucher..
8.3 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible..
8.4 Only one promotional voucher can be redeemed per order at any one time.
8.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the Seller.
8.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference..
8.7 The balance of a promotional voucher is neither paid out in cash nor does it earn interest..
8.8 The promotional voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher as part of their statutory right of cancellation.
8.9 The promotional voucher is transferable. The Seller may make payment with discharging effect to the respective holder redeeming the promotional voucher in the Seller's online shop. This shall not apply if the Seller has knowledge or grossly negligent ignorance of the ineligibility, legal incapacity or lack of representation authority of the respective holder.
The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, to the exclusion of the laws on the international sale 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 country in which the consumer has his habitual residence.
If the customer acts as a merchant, a legal entity under public law or a 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 shall be the place of business of the seller. If the customer is domiciled outside the territory of the Federal Republic of Germany, the seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the Seller shall in any case be entitled to invoke the court at the Customer's place of business.
The seller has submitted to the Trusted Shops quality criteria, which can be viewed on the Internet at http://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf.
12.1 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 contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
12.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
get your goods GmbH
Managing Director: Heiko Voigt
Commercial Register: Amtsgericht Nürnberg, HRB 26515
Phone: +49 911 25509955 (outside Germany: +49 49 911 25509955) Monday - Friday, 9.00 - 17.00 (CET)
Fax: 0911 25509956 (outside Germany: +49 911 25509956)