- Scope of application
- Conclusion of contract
- Prices and terms of payment
- Terms of delivery and dispatch
- Right of cancellation
- Retention of title
- Liability for defects
- Liability for defects
- Applicable law
- Information on online dispute resolution
Scope of application
1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of “Stephan Goldmann” (hereinafter referred to as “Seller”) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as “Client”) and the Seller relating to all goods and/or services presented in the Seller’s online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected unless otherwise agreed.
1.2 A consumer is any natural person who concludes a legal transaction for a purpose that cannot be predominantly attributed to their commercial or independent professional activity.
1.3 An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is acting in the exercise of their commercial or independent professional activity.
Conclusion of contract
2.1 The presentation of the goods, in particular in the online shop, does not constitute a binding offer by the seller.
2.2 The customer first places the selected goods in the shopping basket. In the next step, the order process begins, in which all necessary data for order processing is entered.
At the end of the order process, a summary of the order and contract data appears. Only after confirming this order and contract data by clicking on the button concluding the order process does the customer submit a binding offer to purchase the goods contained in the shopping basket.
The customer can also submit this offer to the seller by fax, email, post or telephone.
2.3 The seller accepts the customer’s offer by the following possible alternatives:
- Sending a written order confirmation or an order confirmation in text form (fax or email)
or - Requesting payment from the customer after placing the order
or - Delivery of the ordered goods
The time of acceptance shall be determined by the first alternative that occurs.
The period for acceptance of the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer’s offer within the aforementioned period, this shall constitute a rejection of the offer. The customer is then no longer bound by his declaration of intent.
2.4 If the payment method “PayPal” or “PayPal Express” is selected, the payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”). The PayPal user agreement applies here, which can be accessed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or for customers without their own PayPal account: https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
If the customer selects the payment method “PayPal” or “PayPal Express” for the payment of his purchase or if the customer pays via one of the PayPal payment methods, he submits his offer by clicking on the button concluding the order process. If the customer simultaneously places the payment order with PayPal by clicking this button, the seller declares acceptance of the customer’s offer at the time the payment order is placed, in deviation from the above provisions.
2.5 The text of the contract concluded between the seller and the customer is saved by the seller. The customer can view the General Terms and Conditions at any time on this page. The order data, the cancellation policy and the General Terms and Conditions are sent to the customer by email. Once the order has been completed, the text of the contract can no longer be viewed online by the customer.
2.6 All entries made are displayed before clicking on the order button and can be viewed by the customer before sending the order and corrected by pressing the back button of the browser or the usual mouse and keyboard functions. In addition, if available, the customer can use buttons for correction, which are labelled accordingly.
2.7 The contract language is German.
2.8 It is the customer’s responsibility to provide a correct email address for contacting and processing the order, and to set the filter functions so that emails relating to this order can be delivered.
Prices and terms of payment
3.1 The prices shown are final prices including statutory VAT, unless otherwise agreed.
If additional shipping costs are incurred, this can be found in the product description.
3.2 If the delivery is made to a non-EU country, additional customs duties, taxes or fees may have to be paid by the customer to the customs or tax authorities responsible there or to credit institutions.
The customer is advised to enquire about the details with the respective institutions or authorities before placing the order.
3.3 The customer can select the payment methods available in the online shop.
3.4 If payment is made in advance by bank transfer, payment is due immediately after conclusion of the contract, unless otherwise agreed.
3.5 In the case of payment by “PayPal”, payment is processed via PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. PayPal’s terms of use apply to this. These can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.
3.6 In the case of payment on account, the purchase price is due after delivery of the goods and invoicing. The purchase price must be paid within 8 days of receipt of the invoice.
The seller reserves the right to carry out a credit check and to reject the purchase on account if the credit check is negative. The buyer is free to choose other payment methods.
Delivery and dispatch conditions
4.1 Goods shall be delivered by dispatch to the delivery address specified by the customer. By way of derogation from this, in the case of payment by PayPal, the delivery address provided by the customer to PayPal at the time of payment shall be decisive.
4.2 If the seller incurs additional costs due to the specification of an incorrect delivery address or an incorrect addressee or other circumstances that lead to the impossibility of delivery, these shall be reimbursed by the customer, unless he is not responsible for the incorrect information or impossibility. The same applies in the event that the customer was temporarily prevented from accepting the service, unless the seller has given the customer reasonable advance notice of the service. Excluded from this provision are the costs of the return shipment if the customer has effectively exercised his right of cancellation. In this case, the statutory provision or the provision made by the seller shall apply.
4.3 Self-collection is not offered.
Right of cancellation
5.1 If the customer is a consumer, he is generally entitled to a right of cancellation.
5.2 The seller’s cancellation policy applies to the right of cancellation.
Retention of title
If the seller makes advance payment, the goods remain the property of the seller until the purchase price has been paid in full.
Liability for defects
7.1 With regard to the warranty, the provisions of the statutory liability for defects shall apply, unless otherwise agreed.
7.2 The customer is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. Failure to do so shall have no effect whatsoever on the customer’s statutory or contractual claims for defects.
Liability
The Seller’s liability for all contractual, quasi-contractual, statutory and tortious claims for damages and reimbursement of expenses shall be determined as follows:
8.1 The seller shall only be liable without limitation for damages resulting from wilful or grossly negligent behaviour.
In the event of injury to life, limb and health and the breach of material contractual obligations (cardinal obligations), the seller shall also be liable for slight negligence.
A material contractual obligation is one whose fulfilment is essential for the proper execution of the contract and on whose compliance the contractual partner regularly relies and may rely.
As regulated above, the seller is also liable on the basis of a guarantee promise, unless otherwise regulated in this respect.
This also applies to indirect consequential damages such as in particular loss of profit and for mandatory liability such as under the Product Liability Act.
8.2 Liability is – except in the case of wilful or grossly negligent behaviour or damage resulting from injury to life, body and health and the breach of essential contractual obligations (cardinal obligations) – limited to the damage typically foreseeable at the time the contract was concluded and otherwise to the amount of average damage typical for the contract. This also applies to indirect consequential damages such as, in particular, loss of profit.
8.3 Any further liability of the seller is excluded.
8.4 The above liability provisions shall also apply mutatis mutandis in favour of the Seller’s employees and vicarious agents.
Applicable law
The law of the Federal Republic of Germany shall apply to the exclusion of the laws on the international purchase of movable goods.
The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular of the country in which the customer as a consumer has his habitual residence, remain unaffected.
Information on online dispute resolution
The EU Commission’s online dispute resolution platform is available on the Internet at the following link: https://ec.europa.eu/odr
We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.