General Terms and Conditions of Eberhard Göbel GmbH & Co. KG – Online Shop
1) Scope of application
(1) These General Terms and Conditions apply to all orders that are placed via the online shop of Eberhard Göbel GmbH & Co. KG (Seller) at www.euroschirm.de.
(2) These Terms and Conditions apply exclusively. Contrary or deviating terms and conditions of the customer shall not be accepted.
2) Identity of the contracting party and contact information
Eberhard Göbel GmbH & Co. KG
Im Lehrer Feld 44
89081 Ulm / Germany
Registered in the commercial register of the Ulm Local Court under Register No.: HRA 2452.
(3) Contract formation
(1) The presentation of the goods in the online shop constitutes a merely nonbinding invitation to the customer to order goods.
(2) In ordering the desired article(s), the costumer submits a binding offer to enter into a purchase agreement. The offer is accepted by the Seller through delivery of the article(s) ordered.
(3) The order is technically executed in the online shop as follows: The customer first places the desired article(s) into the shopping cart (Button: "in my hall-stand”). The customer can remove the article(s) from the shopping cart at any time by clicking on the button "Delete." If the customer desires to purchase the article(s) in his virtual shopping cart, he must click on the button "next" The customer must then enter his personal data for the invoice and delivery address and select his desired payment method. All details of the order are repeated here. Only by clicking on the button “buy” the customer does complete the ordering process and thereby submit a binding offer to purchase the article(s) in the shopping cart. Until he clicks on the "buy" button, the customer may correct his information or cancel the ordering process by clicking on the "Back" button.
(4) As confirmation of receipt of the order, the customer receives an e-mail from the Seller ("order confirmation"), which includes all order data again, and these General Terms and Conditions. This order confirmation still does not represent an acceptance of the offer.
(5) The languages available for contract formation are German, English and French.
(6) The contract text is stored by the Seller. The customer may store and print the order confirmation.
4) Delivery and delivery periods
(1) The Seller delivers the ordered article(s) to the delivery address specified by the customer. Unless otherwise stated in the ordering process and separately agreed with the customer, shipment will be made via GLS.
(2) Unless otherwise expressly stated in the product description, the delivery period is 3–5 business days from the order. If the customer has selected "advance payment by bank transfer" as the payment method, the delivery period starts to run only upon receipt of payment at the Seller’s account.
(3) If the delivery period cannot be adhered to or the ordered article(s) are unavailable, the Seller will inform the customer of this by e-mail or telephone.
(4) The Seller is entitled to make partial deliveries to the extent this is reasonable for the customer.
(5) If the delivered article(s) have obvious defects, the customer is requested to promptly report them to the Seller. However, failure to notify of defects does not affect the customer’s legal rights arising from the defectiveness of the article(s).
5) Prices, shipping costs, payment terms, delay
(1) All prices are stated in euros (in CHF for orders from Switzerland) and include statutory value-added tax. In addition customs duties occur in the case of deliveries to Switzerland, which the customer must also pay. The customer is informed about the amount of the customs duties in the course of the ordering process.
(2) The customer owes no shipping costs in the case of deliveries by GLS within the Federal Republic of Germany. The customer must pay shipping costs in the case of deliveries outside of Germany. The customer is informed about the amount of the shipping costs in the course of the ordering process.
(3) The customer may pay the purchase price through advance payment by bank transfer, with a credit card or Giropay or with PayPal. With certain products, the Seller also offers invoicing as a payment option.
(4) If the customer selects the "advance payment by bank transfer" or "invoice" payment method, he is given the Seller’s banking details at the end of the ordering process. The entire invoice amount must be remitted without deduction to the specified account within 14 days of receipt of the order confirmation.
(5) In the event that a direct debit is returned for insufficient funds in the indicated bank account, due to a stop payment order against the Seller’s debiting or due to incorrect entry of the banking details, the customer must bear the costs incurred as a result of the payment transaction.
(6) If the customer is in default with payment, the Seller is entitled to refuse fulfilment of the contract until full payment has been received.
(7) If the claim to payment is substantially in jeopardy, the Seller is entitled to condition further performance of the agreement upon advance payments or the delivery of adequate security. If the customer refuses to provide advance payment and/or security, the Seller may rescind the agreement and claim damages.
6) Offset, right of retention
(1) The customer may only declare an offset with a counterclaim which is undisputed or legally established.
(2) The customer is entitled to exercise a right of retention only upon the additional condition that it is based on the same contractual relationship.
(1) The statutory warranty conditions shall apply.
(2) Slight colour variations between the purchased item and its depiction on a computer display or in printed materials are due to technical reasons and constitute no defect.
8) Breach of obligations, damages
(1) Customer shall solely be entitled to claims for damages which are based on an intentional or grossly negligent breach of obligation by the Seller or an injury to life, limb or health or arising from the breach of material contractual obligations. Material contractual obligations are those obligations which must be met before the agreement can be properly performed at all and upon whose observance the customer may regularly rely.
(2) Provisions of the Product Liability Act (Produkthaftungsgesetz — ProdHaftG) remain unaffected.
(3) To the extent the Seller’s liability is excluded or limited, this also applies to its employees, representatives and agents.
9) Retention of title
(1) The delivered article(s) remain the property of the Seller until the purchase price has been paid in full.
(2) If the customer is in default in payment, the Seller is entitled to recover possession of the article(s). The customer is obligated to treat the article(s) with care for as long as title of ownership has not yet passed to him. Reclaiming the article(s) does not rescind the agreement unless this was expressly declared by the Seller in writing.
10) Choice of law
The contractual relations between the Seller and customer are governed by the law of the Federal Republic of Germany, excluding the conflict of law rules of international private law and excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Excluded from this choice of law are the compulsory consumer protection regulations of the country in which the customer has his habitual residence.
11) Information Obligation according to § 36 VSBG
Eberhard Göbel GmbH & Co. KG is neither willing nor obliged to participate in an alternative dispute resolution (Streitbeilegungsverfahren) in front of a consumer dispute resolution entity (Verbraucherschlichtungsstelle).
12) Data protection
(1) It is normally possible to use the website without supplying personal data. Each access to the website is stored and processed by the Seller in a log file. The same applies to the downloading of data. The storage serves internal system-related and statistical purposes. The IP address, date, time and length of access, websites visited, the detection data of the browser and type of operating system used, as well as the domain, are logged. These data do not permit any inferences to be drawn about the person.
(2) Personal data, such as name, address, telephone number or e-mail address, are collected by the Seller only if the customer supplies this information voluntarily, such as in the course of an order or inquiry.
(3) The personal data supplied by the customer in connection with an order are stored and used for the purpose of processing the purchase agreement. Data are shared with third parties only to the extent this is necessary for contract processing, e.g. with transportation and credit companies.
(4) The Seller also uses the address disclosed by the customer to send information about its products and offers by mail. The customer may object to such use at any time. The Seller uses the e-mail address that is supplied by the customer in the course of the ordering process for the direct advertising of its own similar goods. The customer may object to this use at any time without incurring any costs other than the transmission costs according to the base rates. The objection may be declared either by mail, e-mail, fax or telephone.
(5) This website uses Google Analytics, a web analysis service of Google Inc. Google Analytics uses so-called cookies. These are text files which are stored on the visitor’s computer and which make it possible to analyse the use of the website. The information which this cookie generates about the use of this website is transmitted to a server of Google in the USA and stored there. Google may use this information to analyse the use of the website in order to compile reports on the website activities and render further services associated with usage of the website and the Internet. The IP address transmitted by the browser is not amalgamated with other data from Google. If IP anonymization is activated on this website, the IP address is, however, first truncated by Google within Member States of the European Union or in other countries that are parties to the Agreement on the European Economic Area. The installation of cookies can be prevented through a corresponding setting in the browser software. In such case, not all functions of this website may be usable. It is also possible to prevent the logging, transmission and processing of data (including IP address) by Google by downloading and installing the browser plug-in at http://tools.google.com/dlpage/gaoptout?hl=de.
(6) This website also uses social plug-ins from Facebook (Facebook Inc., 1601 S. California Ave., Palo Alto, CA 94304 USA). When the visitor accesses the website, a direct link is established with the servers of Facebook, and the plug-in is depicted on the website through communication to the visitor’s browser. Which website was visited is transmitted in this way to the Facebook server. If the visitor is logged in at Facebook at this time, Facebook associates this information with the visitor’s Facebook account. This information is also associated with the user’s Facebook account in using the plug-in functions—by clicking on the "Like" button, for example. This can only be prevented by logging out before using the plug-in. For further information on the collection and use of data by Facebook, as well as rights and settings options, refer to http://www.facebook.com/policy.php.
(7) Every person may request information on the data stored about him and to have such data corrected, blocked or deleted unless legal storage obligations require otherwise. For this, please contact firstname.lastname@example.org.
Notice pursuant to the German Battery Act (Batteriegesetz — BattG)
Because we sell various umbrellas with batteries (button cells), we are obligated under the German Battery Act (BattG) to point out the following to you: Batteries may not be disposed of in household waste; you are obligated instead to return used batteries. Used batteries may contain pollutants that can damage the environment or your health if improperly stored or disposed of. But batteries also contain important raw materials, such as iron, zinc, manganese or nickel, and are recycled. You may either send the batteries back to us after use or return them in the immediate vicinity (e.g. at retail or local collection points) without charge. This crossed-out waste container signifies that you may not dispose of batteries in household waste.
CANCELLATION POLICY FOR CONSUMERS
If the customer is a natural person who enters into a legal transaction for a purpose that is predominantly neither commercial nor can it be attributed to the person’s independent professional occupation (consumer), the customer has a cancellation right:
You have the right to rescind the agreement within fourteen days without stating reasons. 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 goods.
To exercise your cancellation right, you must inform us (Eberhard Göbel GmbH & Co. KG, Im Lehrer Feld 44, 89081 Ulm, email: email@example.com, telephone number: 0049(0)731 14013-0, Fax: 0049 (0)731 14013-10) of your decision to rescind this agreement by means of an unambiguous declaration (e.g. by a letter sent by mail, fax or e-mail). You may use the attached sample cancellation form for this, but it is not required. You may also fill out and transmit the sample cancellation form or another unambiguous declaration electronically on our website (www.euroschirm.com). If you make use of this option, we will immediately send you (e.g. via e-mail) a confirmation of the receipt of such cancellation.
To meet the cancellation deadline, it is sufficient for you to send the communication on exercising the cancellation right before expiration of the cancellation period.
You can find our sample cancellation form pdf HERE.
Or use our online form.
Consequences of cancellation
If you cancel this agreement, we must promptly refund all payments we have received from you, including the delivery cost (with the exception of additional costs which result from your having selected a different type of delivery than the most inexpensive standard delivery we offered), no later than fourteen days from the day we receive the communication about your cancellation of this agreement. For this refund, we will employ the same payment method which you used with the original transaction unless it was otherwise agreed with you in writing; in no event will you be assessed fees because of this refund.
We may refuse to issue the refund until we have received the goods or you have produced proof that you have sent back the goods, whichever comes first.
You must send or deliver the goods to us (EBERHARD GÖBEL GmbH & Co. KG, Im Lehrer Feld 44, 89081 Ulm) immediately and in any event within fourteen days, starting with the day on which you inform us of the cancellation of the agreement. The deadline is met if you send the goods before expiration of the fourteen day period.
You bear the immediate costs of returning the goods. The costs are estimated to be no more than EUR 20.00.
You must pay for any loss of value of the goods only if such loss of value is attributable to your unnecessary handling of the goods to examine the quality, features and functioning of the goods.
Exclusion of the cancellation right
No cancellation right exists in the case of contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or requirement by the consumer is essential or that are clearly tailored to the personal requirements of the consumer.
Ulm, January 2017