General terms and conditions and consumer information
I. GENERAL TERMS AND CONDITIONS
1.1. Your contractual partner is GOY GbR, Heidestrasse 46-52, 10557 Berlin, Germany, email: firstname.lastname@example.org (hereinafter "we" or "working title").
1.2. These terms and conditions apply to all our business transactions through our online shop. We do not accept deviating conditions of the customer unless we have expressly agreed to their validity in writing.
1.3. A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that can predominantly not be attributed to their commercial or independent professional activity. An entrepreneur is any natural or legal person or a legal partnership that, when concluding a legal transaction, acts in the exercise of its independent professional or commercial activity.
2. FORMATION OF THE CONTRACT
2.1. The contract is concluded as follows when using the shopping cart system with cash register:
2.1.1. You put the goods you want to purchase in the shopping cart. You can open the shopping cart at any time and place additional products there, delete products or change the number. If you want to buy the goods in the shopping cart, indicate that you want to checkout.
2.1.2. After calling up the cash register and entering your personal data and the payment and shipping information, the order data will be displayed in an order overview. Before sending the order, you have the option to check all the information here again, to change it (also using the "back" function of the Internet browser) or to cancel the purchase.
2.1.3. By submitting the order using the "order with payment" button, you declare legally binding acceptance of the offer, whereby the contract is concluded.
2.1.4. If you use an instant payment system (e.g. Apple Pay) as the payment method, you will be redirected to the website of the payment service provider. Make the payment there.
2.2. Do not use the shopping cart system, e.g. for orders by email or inquiries for items marked as not deliverable, your order represents an offer to us to conclude a contract with you for the goods ordered. You are bound to this offer for 2 business days (Monday to Friday). A contract is only concluded if we accept your order in writing or in text form within a period of 2 buiness days from receipt of your order. Payments from you are only due and are only requested by us after we have accepted your order.
2.3. The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partially automated via email. You must therefore ensure that the e-mail address you have stored with us is correct, the receipt of the e-mails is technically ensured and, in particular, is not prevented by SPAM filters.
3. WITHDRAWAL BY SELLER / CUSTOMARY DEVIATIONS
We are also entitled to withdraw from the contract after conclusion of the contract if our performance becomes permanently impossible for reasons for which we are not responsible. This can include be the case if upstream suppliers fail to meet their delivery obligations. If you are a consumer, you only have a right of withdrawal due to the failure of a pre-supplier if we had already concluded a specific cover transaction with our pre-supplier to procure the goods when you concluded the contract with you.
4. DELIVERY OF THE GOODS, DELIVERY TIME
4.1. The delivery of goods takes place on the shipping route by us to the delivery address indicated by you.
4.2. The shipping is basically only to Germany. Delivery to other countries via the online shop is only possible in exceptional cases and only in EU and EFTA countries.
4.3. The delivery time stated in the item description applies. The delivery time specified in the item description refers to deliveries to Germany. In the event that we accept orders from abroad and send goods there, additional postage times apply, which we will notify you of before the contract is concluded.
4.4. The delivery time begins with the conclusion of the contract (see number 2), with payment method "advance payment" upon receipt of your payment. If you order several items from us within the scope of an order, for which different delivery times apply, we will send the goods in one shipment, unless we have agreed otherwise with you. In this case, the total delivery time is the delivery time that applies to the ordered item with the longest delivery time.
4.5. We will inform you immediately of any delays in delivery.
4.6. The shipping costs for a shipment within Germany up to a goods value of less than […] euros are determined according to the costs specified in the delivery costs section of our website. From a value of goods of […] euros, we do not charge shipping costs for deliveries within Germany. For shipments to a delivery address within the EU and EFTA (outside Germany), we charge a flat shipping fee of XX euros. For deliveries to non-EU countries, there may also be additional customs fees and / or costs for the transfer of money by credit institutions that are to be borne by you.
5. CREDIT CHECK
In case of advance payments, e.g. deliver on account or against payment by direct debit and to protect our legitimate interests for the purpose of creditworthiness based on mathematical-statistical procedures your data will be forwarded to e.g. Schufa, Infoscore etc. We reserve the right to reject the payment methods "delivery on account" or "direct debit" based on the credit check.
6. TRANSFER OF RISK WHEN SHIPPING
6.1. Insofar as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the thing sold during the shipment only passes to you when the goods are handed over, regardless of whether the shipment is insured or uninsured.
6.2. If you are an entrepreneur, delivery and shipping are at your own risk.
7. EXAMINATION OF THE GOODS
7.1. As a consumer, you are asked to immediately check the goods for completeness, obvious defects and transport damage upon delivery and to report complaints to us and the shipping service provider as soon as possible. If you do not comply, this has no effect on your statutory warranty claims.
7.2. If you are an entrepreneur, it is your responsibility to inspect the goods immediately and report any defects. Article 377 HGB applies.
8. WARRANTY, LIMITATION PERIOD
8.1. For all defects of the purchased item that occur during the statutory warranty period, the statutory claims for supplementary performance, for rectification of defects or for new delivery apply, as well as - if the legal requirements are met - for further claims for reduction or withdrawal as well as compensation, including compensation for the damage the fulfillment and reimbursement of your futile expenses.
8.2. Insofar as you act as an entrepreneur, we are entitled to choose between supplementary performance by remedying the defect or new delivery.
8.3. Insofar as we grant you a seller's guarantee, the details result from the guarantee conditions attached to the item delivered. Guarantee claims exist without prejudice to legal claims and rights.
9. LIMITATION OF LIABILITY
9.1. If you do not act as a consumer (article 13 of the German Civil Code), the following limitation of liability applies to breaches of duty on our part: We are liable, for whatever legal reason, for damage that has not occurred to the delivered goods themselves, only with intent, in the event of gross negligence of our organs or executives, in the event of willful or negligent injury to life, limb and health, in the event of malicious concealment or a guarantee as well as in the event of defects in the delivered goods, insofar as liability is assumed for personal injury and property damage to privately used objects in accordance with the Product Liability Act. If contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the customer can regularly rely, are culpably violated, we shall also be liable in the event of negligence on the part of our organs and executive staff as well as gross negligence by non-executive staff. In this case, in the event of slight negligence, liability is limited to the contractually typical, reasonably foreseeable damage. Further claims are excluded.
9.2. Even if essential obligations from the contract are violated, the violation of which endangers the achievement of the purpose of the contract, our liability for slight negligence towards entrepreneurs and consumers is limited to the foreseeable damage typical of the contract.
9.3. Claims of the customer, who is not a consumer, due to breach of duty in the case of delivery services lapse after twelve months. Claims under the Product Liability Act remain unaffected by the above limitations of liability.
10. RETENTION OF TITLE
10.1. The goods remain our property until full payment has been made.
10.2. If you place your order as an entrepreneur in the sense of article 14 BGB, the following applies: We reserve ownership of the goods until all claims from the current business relationship have been fully settled. Pledging or transfer by way of security is not permitted before the transfer of ownership of the reserved goods. You are entitled to resell the goods in the ordinary course of business. In this case, you assign all claims arising from the resale to us in the amount of the invoice amount. We accept the assignment. You remain authorized to collect the claim. We reserve the right to collect the claim ourselves if you fail to meet your payment obligations properly. If the reserved goods are combined and mixed, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed objects at the time of processing. We undertake to release the securities to which we are entitled at your request insofar as the value of the securities exceeds the claim to be secured by more than 10%. We make the selection of the securities to be released.
11. RETURN OF GOODS
11.1. If you return goods after exercising a right of cancellation or because of defects, we ask that you contact our customer service before returning the goods and - if applicable - use the sticker enclosed with the shipment for postage-free returns. Your legal rights remain unaffected.
11.2. If the right of withdrawal for consumers is exercised, the regulations listed in the instruction on the right of withdrawal for consumers apply.
12. CANCELLATION INFORMATION FOR CONSUMERS
12.1. If you are a consumer (§ 13 BGB), you can exercise your statutory right of withdrawal.
12.2. The cancellation policy can be found in the customer information below. We will also send them to you with the goods.
13. DATA PROTECTION
13.1. Data transmitted by you in the course of business processing is processed and stored with the help of an EDP. We process your personal data (individual details about the personal or factual circumstances of a specific or identifiable natural person) in accordance with the statutory provisions and only on the basis of law or on the basis of effective consent given by you. As a rule, we will only process your personal data in order to be able to provide the contractual services, for the execution of the contract and also for the purposes described in section 13.3. In addition, we process personal data insofar as this is necessary for the fulfillment of legal obligations, in particular commercial and tax law obligations. The processing of your personal data and other purposes for the processing of personal data are also described in our data protection declaration. Unless otherwise stated in the current version of the data protection declaration, only the data that you provide to us or that we collect from you when the contractual relationship is processed will be collected.
13.2. We will use your data to the extent permitted by law to keep you informed about our offer and our company, in particular through newsletters. You have the option to object to this at any time in accordance with Article 21 Paragraph 2 GDPR.
13.3. We do not pass on your personal data to third parties, with the exception of service providers whose use we need to process the contractual relationship (e.g. shipping service provider, payment service provider). We comply with the requirements of the Federal Data Protection Act and the General Data Protection Regulation. We only transmit the data that is required to fulfill the contract.
13.4. The further use of your personal data will only take place with your express consent, which must be obtained separately. You can also withdraw this consent at any time with future effect.
13.5. You have the right to request the immediate deletion of your personal data, insofar as its processing is not necessary and your personal data has been collected or processed for purposes for which it is no longer necessary; You have withdrawn your consent to data processing and we are not authorized to process it on any other legal basis; You object to the processing and there are no compelling and therefore predominant reasons for the processing; or you have objected to processing for the purpose of direct advertising (section 13.2); or we illegally process your personal data; or we are otherwise legally obliged to delete or delete them at the request of the person concerned.
14. PLACE OF JURISDICTION, PLACE OF PERFORMANCE, APPLICABLE LAW
14.1. If you are not a consumer in the sense of order § 13 BGB, the place of performance is in any case our headquarters.
14.2. If you do not have a general place of jurisdiction in Germany or the EU or if the place of residence or habitual residence is not known at the time the lawsuit is filed, the place of jurisdiction is our headquarters.
14.3. The law of the Federal Republic of Germany applies to all legal relationships of the parties to the exclusion of the uniform UN sales law (CISG). For consumers, this choice of law only applies insofar as it does not impair the protection granted by mandatory provisions of the law of the state in which the consumer is habitually resident.
II. WORKING TITLE CONSUMER INFORMATION
ESSENTIAL CHARACTERISTICS OF THE GOODS AND SERVICES
The essential properties of the goods or services can be found in the article description and the additional information on our website.
IDENTITY OF THE CONTRACT PARTNER
GOY GbR, represented by managing partner Antonia Goy and Elke Goy, Heidestrasse 46-52, 10557 Berlin, Germany.
TOTAL PRICE OF GOODS AND SERVICES
The price of the respective item is the final price including any applicable VAT and other price components.
The retail price does not include delivery and shipping costs. These are specified in the "Shipping and payment methods" section on the article page. Only in the case of cross-border delivery can additional taxes (e.g. in the case of a purchase within the European Community) and / or duties (e.g. customs duties) be paid by the buyer in individual cases, however not to us as the seller, but to the customs or Tax authorities.
TERMS OF PAYMENT
We offer the following payment options:
- Credit card (Visa / Mastercard / American Express)
- Maestro card
- Shop Pay
- Apple Pay
- Google Pay
DELIVERY AND SERVICE CONDITIONS
The terms of delivery, the delivery date and any existing delivery restrictions can be found in our general terms and conditions.
As far as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during the shipment only passes to you when the goods are handed over, regardless of whether the shipment is insured or uninsured. However, this does not apply if, without our instigation, you have commissioned a transport company not named by us or someone else to carry out the shipping. If you are an entrepreneur, delivery and shipping are at your own risk.
RESERVATION OF THE UNAVAILABILITY OF GOODS
If the ordered goods are not available, we reserve the right to withdraw from the contract under certain conditions. The details are explained in our general terms and conditions.
WARRANTY AND GUARANTEE CONDITIONS
Liability for defects for our goods is based on the "Warranty" regulation in our General Terms and Conditions.
As a consumer, we kindly ask you to immediately check the goods for completeness, obvious defects and transport damage upon delivery and to inform us and the freight forwarder of any complaints as soon as possible. If you do not comply with this, this has no effect on your legal rights, in particular your warranty claims.
STORAGE OF THE CONTRACT TEXT / CORRECTION OPTIONS
We will not save the full text of the contract. Before sending the order via the online order form, the contract data can be printed out or electronically saved using the print function of the browser. After receipt of the order by us, the order data, the legally required information for distance contracts and the general terms and conditions will be sent to you again by email.
The contract language is exclusively English.
RIGHT OF WITHDRAWAL FOR CONSUMERS
If you are a consumer, you have a legal right of withdrawal. A consumer is any natural person who concludes a legal transaction for purposes that can largely not be attributed to their commercial or independent professional activity. For the details, please note the cancellation policy below.
INSTRUCTION OF WITHDRAWAL
RIGHT OF WITHDRAWAL
You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the last goods.
To exercise your right of withdrawal, you must contact us
10557 Berlin, Germany
Telephone: +49 (0) 30 44650386,
CONSEQUENCES OF CANCELLATION
If you cancel this contract, we have made all payments we have received from you, including delivery costs (with the exception of the additional costs that result from the fact that you chose a different type of delivery than the cheapest standard delivery we offer have) to repay immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.
We can refuse the repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us immediately and in any event no later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send off the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling that is not necessary for checking the nature, properties and functionality of the goods.
REASONS FOR EXCLUSION OR EXPIRY
The right of withdrawal does not exist for contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or that are clearly tailored to the personal needs of the consumer (made-to-measure).
ALTERNATIVE DISPUTE RESOLUTION
We do not participate in consumer arbitration proceedings under the Consumer Dispute Settlement Act.
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), which can be accessed at http://ec.europa.eu/odr.