General Terms and Conditions

2. Contractual partner, formation of contract, options for corrections

The contract is concluded with Eberhard Göbel GmbH + Co KG.

By placing the products in the online shop, we make a binding offer on our part to enter into a contract regarding those items. You may place our products in the shopping basket without obligation and amend your entries at any time prior to submitting your binding order by using the correction facilities that are provided for this purpose and explained during the ordering process. The contract is formed by clicking on the order button which indicates your acceptance of our offer concerning the goods contained in the shopping basket. Once you have sent your order you will immediately receive a confirmation via e-mail.

3. Contract language, saving of the contract text

The language(s) available for concluding the contract: German, English, French

We save the text of the contract and forward the order data and our Terms and Conditions to you on a durable medium. You may also view the text of the contract in our customer login area.

4. Delivery conditions, shipping methods and shipping costs, prices

We ship the products to the delivery address specified in the ordering process.

We deliver free of charge within Germany with standard shipping. The delivery time is 3-5 working days. All information and costs for other shipping methods, as well as shipping abroad, can be found in our online shop under shipping information.

 If we have to dispatch the goods a second time for reasons for which you as the customer are responsible, you shall bear the costs incurred for this. The same applies if the delivery address is changed at your request after conclusion of the contract and this leads to an increase in the shipping costs or causes additional costs (e.g. if the change is made after the goods have been dispatched).

You are entitled to collect your order from Eberhard Göbel GmbH + Co KG, Im Lehrer Feld 44, 89081 Ulm, Germany during the following hours of business:

Monday to Friday from 08:00 a.m. - 12:00 p.m. If you would like to collect the parcel at a different time, please inform us in advance by telephone or in writing.

Prices:

All prices are quoted in euros and include VAT.

Deliveries to NON-EU countries are made ‘duty unpaid and untaxed’. When shipping to a non-EU country, additional taxes and costs are therefore incurred, which must be paid directly to the relevant customs and tax authorities in your country. The costs may depend on the country of delivery, the item in question, the weight and the quantity ordered. You can always enquire about the current and actual costs from the relevant local authorities.

4.1 Requirements

If it is necessary for the fulfilment of the order that you transmit content (e.g. texts, data, files) to us, the existing technical possibilities for this and any applicable requirements are based on the respective product description. You are solely responsible for the content, including the legality and accuracy of the content you transmit. We do not carry out an editorial check of the content before executing the order.

4.2 Compliance with applicable law

The content and the products to be created from it must always comply with the applicable legal provisions. In particular, they must not infringe any rights or claims of third parties (especially copyrights, trademarks or other industrial property rights) and must not contain or serve any purposes that glorify violence, are discriminatory, racist, xenophobic or otherwise immoral or unconstitutional.

4.3 Indemnification

You shall indemnify us against claims by third parties which they may assert in connection with an infringement of their rights by our contractual use. You shall also assume the necessary costs of legal defence including all court and lawyer's fees in the statutory amount. The indemnification does not apply if you are not responsible for the infringement. In the event of a claim by a third party, you are obliged to provide us immediately, truthfully and completely with all information necessary for the examination of the claims and a defence.

4.4 Reservation of cancellation

We reserve the right to refuse the order or to withdraw from the contract if the content provided by you for this purpose violates legal or official prohibitions or offends common decency or if there is reasonable suspicion in this regard. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, offensive, youth-endangering and/or violence-glorifying content.

5. Payment

6. Right to cancel

You are entitled to the statutory right to cancel, as described in the instructions on the right to cancel.

The right of withdrawal does not apply to 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 which are clearly tailored to the personal needs of the consumer. This is particularly the case for items from the brillant luxury line.

7. Retention of title

The goods shall remain our property until full payment is made.

For businesses, the following applies additionally: We reserve ownership of the goods until complete settlement of all claims arising from a current business relationship. You may resell reserved goods in ordinary business operations; you shall assign any claims arising from this resale – irrespective of connecting or mixing of the reserved goods with a new item - in the amount of the invoice amount to us in advance, and we accept this assignment. You remain authorised to collect the claims; however, we may likewise collect the claims ourselves, should you fail to fulfil your payment obligations. We shall release the securities to which we are entitled at your request to the extent that the realisable value of the securities exceeds the value of the open claims by more than 10%.

8. Damage during delivery

For consumer the following applies: If the goods are delivered with obvious damage caused during delivery, please report the defect to the carrier and notify us without delay. Failure to make a complaint or to make contact does not in any way affect your legal rights or the enforcement of such rights, notably your warranty rights. However, in doing so you help us to assert our own claims against the carrier or transport insurer.

 Applicable to businesses: The risks of accidental loss or deterioration of the goods will transfer to you once we have submitted the item to the haulier, carrier or other contractor for forwarding to the defined person or establishment. 

9. Legal and commercial guarantee

9.1 Liability for defects

We are under a legal duty to supply products that are in conformity with this contract.

Unless expressly agreed otherwise below, the legal guarantee provisions (liability for defects) shall apply. When purchasing goods, the legal guarantee period is a minimum of two years. With respect to consumers, the legal guarantee provisions of the country of their respective habitual residence shall apply.  Regarding the legal guarantee rights for goods, please also note the legal guarantee information displayed on the product detail pages and during the ordering process.

The following limitations and reductions of time periods with respect to businesss/merchants shall not apply to claims based on damage caused by us, our legal representatives or vicarious agentsin the event of injury to life, limb or health

• in case of intentional or grossly negligent breach of duty as well as fraudultent intent
• in the event of breach of essential contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
• within the scope of a voluntary guarantee, if agreed, or
• within the scope of application of the Product Liability Art (Produkthaftungsgesetz) 
  
  

9.2. Voluntary producer guarantee

9.2.3 Prerequisites

The voluntary producer guarantee is valid upon presentation of the original, legible proof of purchase (invoice).
The guarantee claim must be submitted within the two-year period.

9.2.4 Scope of the guarantee

The voluntary producer guarantee covers only defects in materials and workmanship that arise during normal use. In particular, the following are not covered by the warranty:

• Damage caused by improper use (incorrect handling, failure to follow the operating instructions or care instructions)
  
  
• Damage caused be external forces (e.g. impact, fall, scratches, pressure, moisture, extreme temperatures, chemicals)
  
  

9.2.5 Guarantee processing

In the event of a guarantee claim, please return the product free of charge (postage paid) to the seller from whom you purchased it. The product must be returned in suitable packaging to prevent damage during transport. The seller will inspect the product upon receipt. If the claim is valid, the seller will, at its own choice, either repair the product free of charge or replace it with an equivalent product. If the product cannot be repaired or replaced, you will be refunded the purchase price (up to a maximum of the amount paid at the time of purchase)

9.2.6 Important note

This producer guarantee is provided on a voluntary basis and is in addition to your statutory rights (legal guarantee) This gurantee does not limit or exclude your statutory rights as a consumer. 

Restrictions in relation to businesses

In relation to businesses, only our own specifications and the manufacturer's product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we shall not accept any liability for public statements made by the manufacturer or other advertising statements. For businesses, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The previous sentence does not apply to an item that has been used for a building in accordance with its customary use and has caused the building to be defective. The sale of used goods is subject to the exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB (German Civil Code) remain unaffected.

Note to merchants ("Kaufleute" in accordance with HGB - German Commercial Code)

Among merchants ("Kaufleute"), the obligation to examine and give notice of defects regulated in § 377 HGB (German Commercial Code) shall apply. If you fail to give notice as regulated therein, the goods shall be deemed to have been approved, unless the defect was not recognisable during the inspection. This does not apply if we have fraudulently concealed a defect.

Complaints and return of goods

Complaints can be submitted by consumers and businesses to our contact details given in the supplier identification.

When you exercise your warranty rights and we deem it necessary to receive the goods back in order to examine your complaint, you must send back the goods at our cost to the address provided for this purpose. We are committed to respond to any complaint immediately, but no later than within 14 days of its submission.

10. Reservation of withdrawal

The following applies to businesses:

We reserve the right to withdraw from the contract if

• you are in arrears with the payment of the purchase price despite a reminder by e-mail,
  
  
• the product ordered by you is not available from us because we are not supplied by our reliable supplier through no fault of our own, despite the existence of a binding, congruent supply contract. We will inform you immediately in this case. We will immediately refund any payments already made

• events beyond our control occur which, for reasons for which we are not responsible, make delivery considerably more difficult or prevent it in the long term (longer than 30 days). We will inform you immediately in such cases. We will immediately refund any payments already made. At the same time, you also have the right to withdraw from the contract. 

• unforeseeable, unavoidable events in the form of force majeure such as riots, strikes, war, fire, natural disasters, epidemics, energy or raw material shortages
  
  
• unforeseeable operational disruptions at our premises or those of our suppliers
  
  
• unforeseeable measures by authorities and/or obstacles due to national or international regulations
  
  
• unforeseeable, considerable difficulties in obtaining authorisations, in particular for import and export;
  
  

The liability provisions under clause 12 remain unaffected by this.

11. Liability

We shall in any case be liable without limitation for claims due to damags that have been caused by us, our legal representatives or legal agents

• for injury to life, imb or health
• for deliberate or grossly negligent breach of duty
  
• for guarantee commitments, where agreed
  
• towards consumer.
  
  

Except the cases, our civil law liability is limited to the foreseeable and direct damages at the time of contract conclusion.

12. Code of conduct

We have submitted to the following codes of conduct:

Trusted Shops
(https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf).

13. Online dispute resolution

In order to settle disputes arising from a contractual relationship with a consumer or from whether such a contractual relationship exists at all, we are willing to participate in dispute settlement proceedings before a consumer dispute resolution body.

Universalschlichtungsstelle des Bundes am Zentrum für Schlichtung e.V. is responsible for providing you with information and referring you to the appropriate entity for alternative dispute resolution.

Universalschlichtungsstelle des Bundes am Zentrum für Schlichtung e.V.
Straßburger Straße 8
77694 Kehl am Rhein
Germany

E-mail address: mail@universalschlichtungsstelle.de

14. Final provisions

If you are a business, German law applies, to the exclusion of the UN Sales Convention.

If you are a "Kaufmann" within the meaning of the German Commercial Code (HGB), public-law legal entity or special public-law fund, the exclusive legal jurisdiction for all disputes from contractual relationships between us and you is our registered office.