General terms and conditions of sale and obligatory distance selling information
The following General Terms and Conditions shall exclusively apply to all deliveries to consumers as defined by sect 13 BGB (German Civil Code) (hereinafter referred to as the 'Customer') ordered via our online shop on the Internet site www.goufrais.de, unless otherwise agreed in writing. We do not accept deviating conditions on the part of the customer. This also applies if we do not expressly object to their inclusion.
1. Basic provisions and conclusion of contract
1.1 The seller of the goods ordered via the online shop on the website www.goufrais.com is
Eimeldinger Weg 38
79576 Weil am Rhein
1.2 The consumer, in the sense of the following regulations, is any natural person who concludes a legal transaction for a purpose which cannot be attributed to his commercial or self-employed professional activity (sect. 13 German Civil Code (BGB)).
1.3 The language of the contract is German. The customer may save and print out the text of the contract, i.e. all contract data including these GTC, in a reproducible form from the website before sending the order. We do not store the text of the contract on our internal systems. After completion of the order, the contract data can be downloaded, saved and printed. The GTC are available on our website for viewing, printing or downloading and are also sent to the customer by e-mail with the order confirmation.
1.4 The subject matter of the contract is the sale of goods. Details, in particular the essential characteristics of the goods, can be found in the item description and the supplementary information on our website www.goufrais.de
2. Conclusion of contract
2.1 The presentation of the products in our online shop does not constitute a legally binding contract, but only an invitation to the customer to place an order.
2.2 The customer can submit an offer to buy (order) via the online shopping cart system. The goods which are to be bought are placed in the 'shopping cart'. The customer can access the 'shopping cart' via the corresponding button in the navigation bar and make changes there at any time. After pressing the 'Checkout' button and entering the personal data as well as the payment and shipping terms, all of the order data is displayed again on the order summary page. Before submitting the order, the customer has the opportunity to check and change all details again (also using the 'back' function of the Internet browser) or to cancel the purchase. By submitting the order via the button 'Order with liability to pay costs' at the end of the ordering process, the customer submits a legally binding contract to us.
2.3 We shall confirm receipt of the order immediately by sending an e-mail to the customer (order confirmation). This order confirmation does not represent an acceptance of the customer's offer, but is only intended to inform the customer that the order has been received by us.
2.4 The customer shall be bound by the order for a period of seven (7) days after the submission of the order; the customer's right to revoke the order, if applicable (see point 3 of these General terms and conditions - Cancellation policy link), shall remain unaffected.
2.5 A contract is only concluded with the customer when we confirm the acceptance of the customer's offer with a second e-mail to the customer (order confirmation).
2.6. Please note that in each case, the minimum order value for the delivery of goods is 40.00 EUR.
3. Right of revocation and revocation instruction for consumers
Consumers (i.e. a natural person who places the order for a purpose that cannot be attributed to their commercial or independent professional activity) are entitled to a right of revocation in accordance with the statutory provisions. We will inform the customer about this in a separate revocation instruction (>Revocation instruction). We will provide the customer with a corresponding model revocation form, which the customer can use, but does not have to (>sample revocation form)
4. Prices and shipping costs, refund of payments after revocation
4.1 Our prices stated on the product pages are inclusive of packaging, value added tax at the statutory rate plus the shipping costs stated in point 5.3. The shipping costs are stated in the price information in our online shop. The total price including shipping costs is also displayed in the shopping cart and in the order overview at the end of the ordering process before the customer sends the order by pressing the button 'Order with liability to pay costs'.
4.2 If the customer has effectively revoked his declaration of contract (see point 3 of these General terms and conditions and our separate (right of) withdrawal instruction, we shall reimburse the customer for all payments we have received from him, including shipping costs (with the exception of additional costs resulting from the fact that the customer has chosen a different type of delivery than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we receive notification of the revocation of the customer's declaration of contract. We may refuse to make a refund until we have received the goods back or until the customer has provided proof that he has returned the goods, whichever is the earlier (see our separate cancellation policy for other consequences of a revocation).
5.1 Unless agreed otherwise, delivery is made to the delivery address provided by the customer.
5.2 The delivery time is approx. 3 - 5 working days, unless stated otherwise. We would like to point out possible deviating delivery times with regard to the respective product page. The delivery period begins with the sending of the order confirmation.
5.3 The amount of additional shipping costs
Shipping costs within Germany €5 ( up to 30 KG )
European foreign countries - €17.50 ( up to 30 KG )
6.1 The customer can choose between the payment methods of cash in advance and cash on delivery. In the case of cash on delivery, the fee charged by the post office is 5.60 EUR per delivery. Payments shall only be deemed made if we can freely dispose of them at our bank.
6.2 If the customer is in default of payment, we are entitled to charge interest on arrears at a rate of 5 percentage points above the base interest rate. If we can prove that we have incurred higher damages due to the default, we shall be entitled to claim these.
6.3 The customer shall only be entitled to offset our claims against a counterclaim to the extent that the counterclaim is undisputed or has been legally established. The customer is otherwise only entitled to exercise a right of retention to the extent that the counterclaim is based on the same contractual relationship.
7. Retention of title
The delivered goods remain our property until the invoice amount including all additional costs has been paid in full.
8. Material defects and defects of title
If there is a material defect or a defect in title at the goods are delivered, the customer shall be entitled to all applicable rights according to the statutory provisions.
9.1. We shall be liable to the customer in cases of intent and gross negligence in accordance with the statutory provisions. In other cases we shall only be liable - unless this is otherwise provided for in point 9.2 - in the event of a breach of a contractual obligation, the fulfilment of which is essential for the proper execution of the contract and where the customer may regularly rely on the observance of the contract (so-called cardinal obligation). This is limited to compensation for foreseeable and typical damage. In all other cases our liability is excluded subject to the provision in point 9.2.
9.2. The above limitations of liability do not affect customer claims due to mortal danger, physical injury, risks to health, claims arising from the assumption of a contractual guarantee, nor claims made by the customer under the Product Liability Act. The aforementioned liability limitations and exclusions also apply in favour of our legal representatives, employees and vicarious agents.
10. Storage of data
We collect data from the customer within the context of the processing of contracts and take all necessary measures to protect the personal data provided by the customer. We comply with the applicable national and European data protection regulations at all times. For further information, please refer to the data protection statement on our homepage.
11. Choice of jurisdiction
German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods of 11.04.1980. This choice of jurisdiction only applies to consumers insofar as it does not deprive them of the protection afforded to them by the mandatory provisions of the law of the state in which the customer has his habitual residence.
12. Extrajudicial online dispute resolution procedure
This is where you will find the link to the EU Commission's online platform for out-of-court online dispute resolution (the so-called OS platform): http://ec.europa.eu/consumers/odr/
Date: April 2017