General Terms & Conditions
Version: November 2013
§ 1 Area of application and contracting partner
(1) These General Terms and Conditions (the “Terms and Conditions”) apply to all contracts entered into between you as the buyer and us as the operator of the Online Shop Gardenigloo GmbH, Director: Baris Gürkan, Sonnenallee 24 Aufgang 5, 12047 Berlin.
(2) Our goods in the Online Shop are offered exclusively to persons of 18 years or older and whose habitual residence and delivery address is within the European Union (the “customer”)
(3) Our deliveries, services and offers are exclusively based on our Terms and Conditions. Our Terms and Conditions apply to all future business relations with companies even if not expressly agreed upon. Any terms and conditions of the buyer contrary to these Terms and Conditions, including such conditions which the buyer states to be applicable when accepting the contract, shall not be integral parts of the contract. They shall only be valid if and to the extent that they have been accepted by us expressly and in writing.
(4) Contract language is German, translations into other languages are not legally binding.
(5) You may access and print our currently valid Terms and Condition at our website http://www.gardenigloo.com/gtc. The contract itself is stored by us, however due to technical reasons may not be accessed by you after conclusion.
§ 2 Formation of contract
(1) The presentation of our goods in the Online Shop shall not be construed as a binding offer of sale. It is merely a non-binding invitation to order goods from our Online Shop.
(2) The offer to enter into a contract of sale is made by you as the buyer by clicking on the “Order Now” button (sec. 145 German Civil Code - BGB).
(3) After sending your order, you will receive an automatic confirmation by e-mail that we have received your order (order confirmation). This is not an acceptance of contract. A valid contract is not concluded with the order confirmation.
(4) A contract is concluded by us expressly declaring acceptance of your offer or by delivery of the goods to you – without prior acceptance of the offer (sec 151 BGB). The acceptance period in which we may accept your offer is maximum 7 days. This period is required by us to assess whether the goods ordered by you are available. If not we need time to inquire at the production, whether the goods may be reordered.
§ 3 Prices
The prices shown in our Online Shop include statutory VAT, all other price elements and include shipping costs within the European Union.
§ 4 Payment Conditions; Late Payments
(1) You may effect payment of the purchase price by method of your choice, either credit card, PayPal or SOFORT ÜBERWEISUNG.
(2) If you choose payment by credit card at the time of your order the purchase price is only reserved on your credit card (“authorisation”). Your credit card account is debited upon our acceptance of the order or delivery of the goods (§ 2 IV).
§ 5 Offset; Retention of Goods
(1) You only have the right to set off the extent that your claim has been bindingly established by a court of law or is uncontested by us.
(2) You may only exercise a right of retention as far as it is a matter of claims resulting from the same contractual relationship.
(3) Your statutory warranty rights are not affected by this.
§ 6 Delivery; Retention of Title
(1) Unless otherwise agreed, the delivery will take place from our warehouse to the address you listed in the European Union.
(2) The delivery will take place within 7 days of the conclusion of the contract.
(3) We retain title of ownership of the delivered goods until payment has been effected.
(4) If you are entrepreneur the following additionally applies:
- We retain title of ownership of the delivered goods until full payment of all open invoices from the running business relation. You are not entitled to pledge the reserved goods or transfer ownership of the goods by way of security before ownership has been transferred.
- You may resell the reserved goods in the regular course of business. In the event of resale, you herewith assign to us all claims arising therefrom against your buyer in full by way of security for our claim, which we herewith accept. If you fail to meet your payment obligations, we reserve the right, to collect the claims ourselves.
- If reserved goods are processed or combined with other objects by the contract partner, we shall acquire co-ownership of the new object pro rata of the value of the reserved goods to the value of the other processed objects at the time of the processing.
- On customer's request we undertake to release the securities to which we are entitled, as far as the realizable value of our securities exceeds the claims to be secured by more than 10%. The choice of the securities to be released is within our scope of responsibility.
§ 7 Right of Withdrawal
If you are a consumer within the meaning of § 13 BGB and thus make the purchase for a purpose
which can be neither attributed to a commercial nor to a self-employed professional activity, you have a right of withdrawal in accordance with the following provisions.
Right of Withdrawal
You may withdraw your contractual statement in writing (e.g. letter, fax, E-Mail) within 14 days of receipt of the goods without giving reasons or - if the goods were delivered to you prior to the expiration of the deadline - by returning the goods. The deadline starts after receipt of this instruction in text form, however not prior to the receipt of the goods by the recipient (in case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also not prior to the fulfilment of our obligations under Article 246 § 2 in conjunction with § 1 I and II EGBGB as well as our obligations according to § 312e
I, 1 BGB in conjunction with Article 246 § 3 EGBGB. The timely dispatch of the
withdrawal or the goods shall be sufficient for compliance with the withdrawal deadline. The withdrawal must be sent to:
Sonnenallee 24 Aufgang 5, 12047 Berlin
Tel. +49 30 96603959
Fax: +49 30 54825284
Consequences of Withdrawal
In the event of an effective withdrawal, any performance already received by either party is to be returned and any profits derived (e.g. interest) are to be repaid. If you are unable to fully or partially return the performance received or only in a deteriorated state, you must pay us a compensation for the lost value accordingly. You are only obliged to pay us a compensation for the lost value in case of a deterioration of the goods and for derived benefits, if the deterioration or use resulted from a use of the goods beyond their testing of characteristics and functioning. “Testing of characteristics and functioning" means testing and trying of the goods, as it is possible and customary in a retail store. Goods shippable by parcel may be returned at our risk. You have to bear the cost of the return of the goods if the delivered goods match the ordered and if the price of the returnable goods does not exceed 40,00 EUR or if you, in case of a higher price of the goods, at the time of the withdrawal, have not yet provided the contractual consideration or have not yet paid a contractually agreed partial payment. Otherwise the return is free of charge for you. Goods not shippable by parcel will be picked up. Obligations to reimburse payments must be fulfilled within 30 days. The deadline starts for you with dispatch of your declaration of withdrawal or of the goods, for us with their reception.
End of Cancellation Instructions
(1) The right of withdrawal does not exist for the supply of goods produced according to customer specifications or clearly tailored to personal needs.
(2) Please avoid damage and contamination. If possible please return the goods to us in their original packaging with all accessories and with all packaging components. If applicable use a protective outer package. If you do not have the original packaging any more, please provide a suitable package for adequate protection against damage during transport, in order to avoid claims for damages because of damage due to faulty packaging.
(3) Please return the goods as an insured package and keep the receipt. If you wish we will refund the shipping costs in advance, if they are not to be borne by you.
(4) Please call us before returning under +49 30 96603959 to announce the return. By this you allow us the fastest possible assignment of the products.
(5) Please note that the conditions referred to in paragraphs 2 to 4 are not a prerequisite for the effective exercise of the withdrawal right.
(6) You find all documents that may be helpful for the return, along with the packing slip with your delivery.
§ 8 Transport damages
(1) If goods are delivered with obvious shipping damages, please immediately report these damages to the deliverer and please get in touch with us as soon as possible under Tel.-Nr. +49 30 96603959, Fax: +49 30 54825284, E-Mail: email@example.com.
(2) Failure to report the damages or to get in contact with us does not impair your statutory warranty rights. But you help us to assert our own claims against the carrier or the transport insurance.
§ 9 Warranty
(1) Unless expressly agreed otherwise, your warranty claims are based on the law of purchases (§§
433 ff BGB).
(2) If you are a consumer within the meaning of § 13 BGB, the limitation period for warranty
claims on used goods, in deviation from the statutory law – is one year. In all other respects, the statutory warranty provisions apply.
(3) If you are an entrepreneur within the meaning of § 14 BGB, the statutory provisions shall
apply with the following modifications:
The quality of the goods is determined by our own information and product description only, and not by promotions and public statements and other advertising of the manufacturer.
You are obliged to examine the goods immediately with due attention to the quality and quantity variances and notify us of obvious defects within 7 days from receipt of goods. The timely dispatch is sufficient for compliance with the deadline. This also applies to subsequently discovered hidden defects. In case of a violation of the investigation and notification obligations warranty claims are excluded.
In the event of defects we provide cure either by rectification or replacement at our choice. In case of rectification we are not to bear the increased costs, which arise from a transport of the goods to a location different from the place of execution, but only if the transport does not correspond with the intended use of the goods.
If curing fails twice, you may either request a reduction or revoke the contract.
The period of warranty is one year starting with delivery of the goods.
§ 10 Liability
(1) Unlimited liability: We are liable for intent and gross negligence. In case of slight negligence, we are liable in accordance with the Product Liability Act or for claims arising from injury to life, body or health of individuals.
(2) Limitation of Liability: In case of slight negligence we shall moreover only be liable for breach of an essential contractual obligation, whose fulfilment is pivotal for the proper execution of the contract and on whose compliance the contracting partner may regularly rely (cardinal obligation). This limitation of liability also applies for the benefit of our agents.
§ 11 Final Provisions
(1) Should one or more provision of these Terms and Conditions be or become ineffective, the validity of the remaining provisions hereof shall not be affected thereby.
(2) German law shall apply exclusively to contracts between you and us with exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
(3) Are you an entrepreneur, legal entity under public law or public law special fund, the exclusive place of jurisdiction for all disputes arising out of or in connection with any contract between us and you shall be Berlin.