General Terms & Conditions
Version: December 2019
§ 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, Lausitzer Str. 10, Aufgang E, 10999 Berlin, Germany.
(2) Our goods in the Online Shop are offered exclusively to persons of 18 years or older.
(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 5 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.
§ 6 Delivery; Retention of Title
(1) Unless otherwise agreed, the delivery will take place from our warehouse to the address you listed.
(2) The delivery will take place within 10 days (depends on the customs) 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
Consumers have a right to withdraw from this contract within 14 days.
Right of Withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 30 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good. To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired:
Lausitzer Str. 10 Aufgang E 10999 Berlin, Germany
Consequences of Withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, excluding the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to
SCHÄUBLE Service GmbH
, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Model Withdrawal form
Complete and return this form only if you wish to withdraw from the contract.
To: Gardenigloo GmbH Lausitzer Str. 10 Aufgang E 10999 Berlin, Germany
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*):
Ordered on (*)/received on (*),
Name of consumer(s),
Address of consumer(s).
Signature of customer(s) (only if notified on paper)
Date (*) Delete as appropriate.
End of Cancellation Instructions
(1) You have no right to withdraw the order if the goods to be delivered are not pre-fabricated and if they have been made in line with your individual options or wishes or if they have clearly been tailored to your requirements.
(2) Please avoid damaging and dirtying the goods. Please return them to us as far as possible in the original packaging with all accessories and all packaging elements. If necessary, please use protective outer packaging. If you no longer have the original packaging, please make sure that you pack the goods properly to provide sufficient protection against damage in transit to avoid claims for compensation due to damage resulting from defective packaging.
(3) Please return the goods as an insured package and keep the receipt.
(4) Please call us before returning under +49 30 54825284 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 3 to 5 are not a prerequisite for the effective exercise of the withdrawal right.
Right of cancellation / right of return for commercial buyers
For commercial buyers there is no right of return or of cancellation. In the event of incorrect deliveries, goods may be sent back only by agreement with us.
§ 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. 30 54825284, E-Mail: firstname.lastname@example.org.
(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) 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. 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 2 years for private consumers and 1 year for business/commercial buyers, 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.