General Terms and Conditions of Sale and required information for distance selling (GTC)
For all deliveries to the consumer (hereinafter called “Customer”) ordered via our online shop on the web site www.goufrais.com in the sense of the § 13 BGB (German Civil Code) the following Terms and Conditions of Sale apply exclusively provided no other agreements have been made in writing. Any deviating conditions on the part of the customer shall not become contents of the contract. This also applies if we do not expressly object to their inclusion.
1. General terms and conclusion of contract
1.1 The seller of the goods ordered via the online shop on the web site www.goufrais.com is the company
Owner Michael Keller
Eimeldinger Weg 38
D-79576 Weil am Rhein
1.2 The consumer in the sense of the following regulations is each natural person, who concludes a legal transaction for a purpose which can neither be attributed to their business nor to their self-employed activity (13 BGB = German Civil Code).
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.
3. Right of revocation and revocation instruction for consumers
3.1 Consumers (i.e. natural persons who place 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 about which we will inform the customer with a separate Revocation instruction. We will provide the customer with a corresponding model revocation form, which the customer can use sample revocation form. However, the customer does not need to refer to the sample revocation form and can use his own form for the revocation.
3.2 We point out that the right of revocation, provided the parties have not agreed otherwise, does not apply for contracts
- For the delivery of goods which are not prefabricated and for their production a personal choice or definition by the consumer is relevant or which is clearly tailored to the personal requirements
- For the delivery of goods which are easily perishable or where the expiry date would be rapidly
- For the delivery of sealed goods, which are not suitable for return for reasons of the health protection or hygiene, if their seal has been removed after delivery.
In such cases, the right of revocation is excluded.
4. Prices and shipping costs, reimbursement 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 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.. To do so, we use the means of the same way of payment which had been used by the customer for his payment.during his purchase The customer is obliged to return the received goods to us. We may refuse to give the 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 of our separate withdrawal instruction.
5.1 The delivery will be made to the delivery address agreed with the customer.
5.2 The estimated delivery times are depending on the corresponding product. In our on-line shop the availability of each product will be displayed by symbols and corresponding explanations. The given data are approximate. The delivery time is approx. 3 - 5 working days, unless stated otherwise. The delivery period begins with the sending of the order confirmation. If the customer is obliged to pay in advance (credit card, PayPal, transfer) the delivery time commences at the earliest upon receipt of full payment.
5.3 The amount of additionally incurring shipment costs
Shipment costs Germany 5 € (up to 30 kg)
Other European countries - 17,50 € (up to 30 kg)
For shipments to other countries outside the European Union higher shipment costs as well as additional customs duties may accrue. They are also not included in the price and need to be paid by the customer.
5.4 If a product cannot be delivered or is temporarily not available in spite of previous conclusion of a corresponding procurement agreement (congruent hedging transaction) due to missing delivery by our sub-supplier, we will inform the customer about this immediately after the order as well as in regular intervals later on. Until the sub-supplier delivers the necessary products / materials to us, we will be exempted from the service obligation and can withdraw from the contract in case of non-availability. This does not apply if we are responsible for the non-delivery of the sub-supplier. If we would like to withdraw, we will exercise the right of withdrawal immediately. In case of withdrawal, we will immediately reimburse the amounts which have already been paid on the purchase price.
6.1 The customer can choose between the payment methods of credit card, direct debit, payment in advance, invoice and PayPal. Payments shall only be deemed made if we can freely dispose of them at our bank.
6.2 If the customer chooses to pay by PayPal, the settlement occurs exclusively via PayPal (Europe) S.à.r.l. et Cie, S.C.A. – hereinafter called PayPal. For the payment process by PayPal please refer to the General Terms and Conditions of PayPal. In order to be able to use this payment method, the customer first needs to register with PayPal. The bank or credit card information of the customer stored there will not be transferred to us upon completion of the payment. A credit note will also be issued via PayPal in case of a justified return. Any information regarding the PayPal buyer protection can be found on the website www.paypal.com/de/mpp/sicherheit. As soon as we have posted the incoming payment, the delivery will be dispatched. It often takes only a few minutes until a payment by PayPal is being received by us.
6.3 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.
6.4 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 are material defects and defects of title upon the delivery of goods, the customer shall be entitled to all existing rights in accordance with the legal regulations provided that we owe contractual damages due to a defect only subject to the provisions of paragraph 9.
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, in case of fraudulent disclosure of defects 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 settlement procedure
The EU commission makes a platform available for the extrajudicial online dispute settlement procedure (OS platform), which can be called under https://ec.europa.eu/consumers/odr.
We are neither open to nor obliged to participate in an online dispute settlement procedure.
Dated: October 2021