Terms and Conditions
General Terms and Conditions of Business
1 Scope of application
1.1 These general terms and conditions (hereinafter referred to as "GTC") constitute the exclusive basis for all legal relationships established between you as a customer (hereinafter also referred to as "Buyer") and us, ggh GmbH, Mühlenstraße 74, 25421 Pinneberg, Germany (hereinafter referred to as "Seller").
ggh GmbH, Mühlenstraße 74, 25421 Pinneberg (hereinafter referred to as "Seller"). The inclusion of the Buyer's own terms and conditions is objected to unless otherwise agreed.
1.2 These GTC shall apply mutatis mutandis to contracts for the supply of digital content, unless otherwise expressly agreed. Digital content within the meaning of these GTC is all data not on a physical data carrier that is produced in digital form and made available by the Seller with the granting of rights of use specified in more detail in these GTC.
1.3 Buyers may be consumers or entrepreneurs. A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his or her commercial nor to his or her independent professional activity. (§ 13 BGB). An entrepreneur is any natural or legal person or a partnership endowed with the capacity to acquire rights and incur liabilities who, when concluding a legal transaction, acts in the exercise of his or her commercial or self-employed activity (§ 14 BGB).
2 Conclusion of contract
2.1 The product descriptions contained on the Seller's website do not constitute binding offers, but serve for the submission of a binding offer by the Buyer. A contract between the Seller and the Buyer shall not be concluded until the Seller has confirmed the Buyer's order.
2.2 The Buyer may place goods for purchase in the shopping cart on the Website by clicking the "Add to Cart" button. In the shopping basket on the overview page, in order to proceed with the purchase, the Buyer then has the choice of logging in as an already registered Buyer ("I am a Customer") or registering as a (new) Customer for the purpose of placing the order.
If the buyer is not yet registered as a customer, he/she must provide information on his/her name, address and e-mail address, among other things.
In a further step via the button "Continue", the buyer is taken to the overview page "Payment method & shipping method", where the customer has to select the payment method and shipping method. In a final step, which is reached again by clicking the "Next" button, an overview page under the heading "Check and Order" displays the items placed for purchase as well as the selected payment and shipping method, also to identify input errors.
By clicking on the cross ("X") behind the respective item, an item can be removed from the shopping basket at any time. By clicking on the "Change" functions, calling up the general "Back" function in his Internet browser and/or by going back to the order steps already completed in the ordering process, the buyer can correct input errors in the order details.
If the Buyer wishes to purchase the goods in the shopping basket, the purchase process is started by clicking on the button "Buy now", or, if the payment method Paypal is selected, "PayPal Buy now", whereby the Buyer submits a binding offer to the Seller.
2.3 After receipt of the order, the Seller sends the Buyer an automatically generated confirmation of receipt, which does not yet constitute acceptance of the offer, but merely serves to inform the Buyer of the receipt of the order. A contract is only concluded when the Seller declares acceptance of the contract. The seller may accept the buyer's offer within a maximum of five days,
- by sending a written order confirmation or an order confirmation in text form (fax or e-mail) to the buyer, the receipt of the order confirmation by the buyer being decisive, or
- by delivering the ordered goods, in which case the receipt of the goods by the buyer is decisive, or
- by requesting payment from the buyer.
If several of the aforementioned alternatives are fulfilled, the contract shall be concluded at the time when one of the aforementioned alternatives occurs first.
The period for acceptance of the offer begins on the day after the buyer sends the offer and ends with the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Buyer's offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the Buyer shall no longer be bound by its declaration of intent.
2.5 The delivery to be made by the Seller is subject to complete and timely delivery to the Seller. If the ordered goods are no longer available and/or can only be procured at unreasonable expense, the Seller is entitled to withdraw from the contract. In this case, the Seller shall immediately notify the Buyer of the unavailability and reimburse any payments received for the goods concerned.
3 Cancellation policy for consumers
3.1 If the Buyer is a consumer (for definition see § 1), the Buyer shall have a right of withdrawal.
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the last goods.
In order to exercise your right of revocation, you must inform us (ggh GmbH, Mühlenstraße 74, 25421 Pinneberg, Phone: +49 4101 208484, Fax: +49 4101 208551, E-Mail: email@example.com) by means of a clear declaration (e.g. a letter or e-mail sent by post) of your decision to revoke this contract. You can use the enclosed model withdrawal form for this purpose, which is, however, not mandatory.
To comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us without delay and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You shall bear the direct costs of returning the goods. You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
The following right of withdrawal only applies to consumers for the delivery of digital content that has not been delivered on a physical data carrier.
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of the conclusion of the contract.
In order to exercise your right of revocation, you must inform us (ggh GmbH, Mühlenstraße 74, 25421 Pinneberg, Phone: +49 4101 208484, Fax: +49 4101 208551, E-Mail: firstname.lastname@example.org) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to revoke this contract. You may use the enclosed model withdrawal form for this purpose, which is, however, not mandatory.
To comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of the revocation
If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
The right of withdrawal shall expire in the case of a contract for the supply of digital content not on a tangible medium if the trader has commenced performance of the contract after the consumer has
1. expressly consented to the trader starting the performance of the contract before the end of the withdrawal period, and
2. has confirmed his knowledge that, by giving his consent, he loses his right of withdrawal when the performance of the contract begins.
3.2 Withdrawal form
If you wish to cancel the contract, please complete and return this form.
ggh GmbH, Mühlenstraße 74, 25421 Pinneberg, E-Mail: email@example.com
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
Ordered on (*) ____________ / received on (*) __________________
Name of the consumer(s)
Address of consumer(s)
Signature of the consumer(s) (only in case of paper communication)
(*) Delete where inapplicable.
3.3 The right of withdrawal does not apply to the following contracts:
- Contracts for the supply of goods which 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,
- contracts for the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery,
- Furthermore, there is no right of withdrawal for contracts for the delivery of newspapers, periodicals or magazines with the exception of subscription contracts.
3.4 Exclusion or premature expiry of the right of withdrawal
The right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.
3.5 General information
If possible, please avoid damaging the goods. If possible, we also ask that you return the goods to us in the original packaging with all packaging components including all accessories. If necessary, please use protective outer packaging. If you no longer have the original packaging, please use suitable packaging to ensure adequate protection against transport damage.
Please do not return the goods to us freight collect.
Observance of the above information in this section 3.5 is not a prerequisite for the effective exercise of the right of withdrawal.
4. consumer information
Contract language / storage
The contract is concluded in German. The text of the contract is not stored by the Seller and cannot be retrieved after the order process has been completed. However, the buyer can print out the order data immediately after sending the order using the print function of his browser. After conclusion of the contract, the buyer receives an automated e-mail with further information on the processing of the contract. The buyer can also save the text of the contract by saving the relevant web page on his computer using the save function (e.g. by clicking on the right mouse button).
If the buyer has registered and has a customer account before sending his order, the order data will be archived in the customer account and can be viewed by the buyer free of charge via his password-protected customer account.
Processing / Payment / Complaints
For the processing of the contract, the buyer will receive an e-mail with further information after conclusion of the contract.
Any complaints and/or warranty claims can be submitted to the seller using the contact details provided.
The statutory warranty rights apply in accordance with clause 9 below.
Correction of input errors
The Buyer may correct any input errors at any time before completing the purchase by correcting them using the usual keyboard and mouse functions before completing the ordering process by clicking the final button. In identifying and correcting the input errors, the functions of the browser can be helpful, with which one can enlarge the representation of the web page on the screen and with which one can go back to previous representations within a web page ("back" function).
Contact details for questions and explanations regarding the concluded contract
Order processing and contact are generally made by e-mail and automated order processing. For all questions and explanations regarding the contract concluded with the Seller, in particular also for questions regarding warranty rights, you can reach the Seller by telephone: +49 4101 208484 at the normal telephone rates (from the mobile network according to your personal mobile phone rates possibly more expensive) or at the e-mail address: firstname.lastname@example.org.
Essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the item description. 5.
5.1 The goods will be shipped by a carrier to be selected by the Seller to the delivery address specified by the Buyer when placing the order.
5.2 If it is not possible to deliver the goods to the buyer and the transport company therefore returns the goods to the seller, the buyer shall bear the costs of the unsuccessful shipment. This obligation to bear the costs does not apply if the buyer is not responsible for the circumstances that led to the impossibility of delivery or if the buyer was temporarily prevented from accepting the service offered, unless the seller had given the buyer reasonable advance notice of the service. If the buyer exercises his right of revocation, the aforementioned bearing of costs shall only apply to the delivery. In the event of an effective exercise of the right of revocation by the Buyer, the costs of the return shipment shall be governed by the provisions set out in the Seller's instructions on revocation.
5.3 The delivery periods stated on the website shall apply. If the goods do not reach you within the time specified by us due to an unforeseeable delay on the part of the shipping company commissioned, please inform us immediately so that we can investigate this matter with the shipping company commissioned.
5.4 Self-collection is not possible.
5.5 Digital contents are provided to the customer exclusively in electronic form by download as follows.
6 Transfer of risk
6.1 The risk shall pass to the buyer upon delivery of the goods to the buyer. If delivery is delayed for reasons for which the buyer is responsible, the risk shall pass to the buyer if the buyer is in default of acceptance.
6.2 If the buyer is not a consumer (for definition see above under 1.2), the risk shall pass to the buyer as soon as the goods are handed over to the person carrying out the transport.
7 Prices, terms of payment, delivery costs for returns, invoice
7.1 Unless otherwise stated in the description of the respective product, the amounts shown as purchase prices are final prices and include all price components including applicable taxes (in particular including VAT).
7.2 Any additional shipping costs will be indicated separately in the respective product description.
7.3 The Seller shall inform the Buyer on the Website which specific payment options are available and what their conditions are.
7.5 If the payment method "SOFORT" is used, the payment is processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter referred to as "SOFORT"). In order to be able to pay the invoice amount via "SOFORT", the customer must have an online bank account that has been activated for participation in "SOFORT", identify himself accordingly during the payment process and confirm the payment instruction to "SOFORT". The payment transaction is then immediately carried out by "SOFORT" and the customer's bank account is debited. More detailed information on the "SOFORT" payment method is available to the customer on the Internet at https://www.klarna.com/sofort/.
7.6 If the credit card payment method via Stripe is selected, the invoice amount is due immediately upon conclusion of the contract. The payment is processed by the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). Stripe reserves the right to carry out a credit check and to refuse this payment method in the event of a negative credit check.
7.7 If the Seller agrees with the Buyer on advance bank transfer, the payment is due immediately after the conclusion of the contract, unless the parties have agreed on a later due date.
7.8 Further information on the payment service providers and institutions with which we work in the context of payment can be found in our data protection notices.
7.9 The Buyer agrees to receive invoices electronically. Electronic invoices will be provided in PDF format. The Seller shall indicate for each delivery in the dispatch confirmation whether the invoice is available (only) in electronic format, if applicable.
7.10 In the case of deliveries to countries outside the European Union, further costs may be incurred which are to be borne by the Buyer. These include, for example, costs for the transfer of money by credit institutions, import duties or taxes (such as customs duties). Such costs may also be incurred in relation to the transfer of money if the delivery is not made to a country outside the European Union, but the buyer makes the payment from a country outside the European Union.
8.1 Vouchers and/or voucher codes issued free of charge by the Seller which cannot be purchased by the Buyer (hereinafter "Vouchers") can only be redeemed in the Seller's online shop and, if the period of validity is limited, only during the specified period.
8.2 The value of the order must be at least equal to the value of the Voucher. If the value of the voucher exceeds the purchase price of the order, any remaining credit on the voucher will not be refunded or offset, but will be forfeited.
8.3 If the purchase price of the order exceeds the value of the voucher, the difference must be paid using one of the payment methods offered by the Seller.
8.4 The Seller is entitled to exclude individual products from the validity of the voucher when granting the voucher. Unless otherwise stated on the Website, and unless otherwise stated and agreed when the Vouchers are issued, multiple Vouchers cannot be redeemed for one order.
8.5 Vouchers can only be redeemed until the order process has been completed, after which they cannot be offset. Gift Vouchers can only be used to purchase goods (including digital content) and cannot be used to purchase additional Gift Vouchers.
8.6 The balance of a Gift Voucher will not be paid out in cash and will not accrue interest.
8.7 In the event that the customer exercises his/her statutory right of revocation, the gift voucher will not be refunded.
8.8 If the voucher is issued to a specific person, the voucher can only be used by that person. In this case, a transfer of the voucher to third parties is excluded, unless otherwise declared or agreed in the context of the issue. The seller can check the authorisation of the user of a voucher at any time, but is not obliged to do so. Rather, the holder of a voucher is obliged to keep it safe from access by a third party and to protect it from misuse by third parties.
The statutory provisions shall apply to the buyer's claims against the seller due to defects.
10 Warranty vis-à-vis companies
10.1 If the Buyer is not a consumer (for definition see 1.2 above), the following shall apply in addition to the statutory warranty provisions:
10.2 If the buyer is entitled to claims due to a defect, the seller is entitled, at his own discretion, to remedy the defect free of charge for the buyer or to deliver defect-free goods as a replacement.
10.3 Warranty claims shall become statute-barred within 12 months from the time of the transfer of risk. The rights of the entrepreneur under §§ 478, 479 remain unaffected. The reduction of the warranty period to one year shall also not apply if the obligation to pay compensation is based on bodily injury or damage to health due to a defect for which the Seller is responsible or on gross negligence on the part of the Seller or its vicarious agents and/or insofar as the relevant defect was fraudulently concealed and/or insofar as the Seller has assumed special guarantees in the form of a manufacturer's warranty. Notwithstanding the foregoing, Seller shall be liable under the Product Liability Act.
10.4 If the Buyer is a merchant within the meaning of the German Commercial Code (HGB), he shall notify the Seller of any defects without undue delay, but no later than one week after receipt of the goods. Defects which cannot be discovered within this period even after careful inspection shall be notified in writing immediately after discovery.
11.1 The Seller shall be liable without limitation for damage caused by the Seller, its employees and vicarious agents intentionally or through gross negligence, in the event of fraudulent concealment of defects, in the event of the assumption of a guarantee of quality and for damage resulting from injury to life, limb or health.
11.2 The Seller shall only be liable for other damages if an obligation is breached, 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 obligation) and if the damages are typical and foreseeable due to the contractual use of the services. Any liability under the Product Liability Act shall remain unaffected.
11.3 Any liability of the Seller beyond the foregoing is excluded.
12. retention of title
12.1 The goods shall remain the property of the Seller until payment has been made in full.
12.2 If the Buyer is an entrepreneur, the following shall apply in addition: The Seller shall retain title to the goods until all claims arising from an ongoing business relationship have been settled in full. The Buyer may resell the goods subject to retention of title in the ordinary course of business; the Buyer assigns to the Seller in advance all claims arising from such resale - irrespective of any combination or mixing of the goods subject to retention of title with a new item - in the amount of the invoice amount, and the Seller accepts such assignment. The Buyer shall remain authorised to collect the claims, but the Seller may also collect claims itself insofar as the Buyer fails to meet its payment obligations.
13. granting of rights of use for digital contents
13.1 Unless otherwise stated in the representations in the Seller's online shop, the Seller grants the Buyer the non-exclusive right, unlimited in time and place, to use the content provided for private and business purposes.
13.2 The transfer of the contents to third parties or the creation of copies for third parties outside the provisions of these GTC is not permitted unless the Seller has agreed to a transfer of the contractual licence to the third party.
13.3 The granting of rights shall only become effective when the Buyer has paid the contractually owed remuneration in full. The Seller may provisionally permit the use of the contractual content even before this point in time. Such provisional permission shall not constitute a transfer of rights.
14. final provisions
14.1 The Seller shall not recognise any general terms and conditions of business or contract of the Buyer that conflict with or deviate from these General Terms and Conditions of Sale and Delivery unless their application is expressly agreed in writing. These General Terms and Conditions of Sale and Delivery shall also apply if the Seller carries out the delivery to the Buyer without reservation in the knowledge of terms and conditions of the Buyer that conflict with or deviate from these Terms and Conditions of Sale.
14.2 In commercial transactions, the parties agree that the exclusive place of jurisdiction for all disputes arising in connection with the performance of this contract shall be the registered office of the Seller. The Seller's registered office shall also be the place of jurisdiction for non-commercial transactions if the Buyer does not have a general place of jurisdiction in Germany or relocates its place of residence or habitual abode outside the territory of the Federal Republic of Germany after conclusion of the contract. This shall also apply in the event that the place of residence or habitual abode of the Buyer is unknown at the time the action is brought.
14.3 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties to the exclusion of the UN Convention on Contracts for the International Sale of Goods. In relation to consumers, this choice of law shall only apply to the extent that the protection granted is not thereby withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence. Furthermore, this choice of law does not apply with regard to the statutory right of withdrawal vis-à-vis consumers who do not belong to a Member State of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.
14.4 Information on online dispute resolution: The EU Commission has created an internet platform for online dispute resolution. The platform serves as a contact point for the out-of-court settlement of disputes involving a consumer concerning contractual obligations arising from online purchase or service contracts. The customer can access the platform under the following link: https://ec.europa.eu/consumers/odr.Wir are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.