General terms and conditions with customer information
Table of contents
- Scope of application
- Conclusion of contract
- right of withdrawal
- Prices and terms of payment
- Delivery and shipping conditions
- Reservation of ownership
- Mängel liability (warranty)
- Redemption of promotional vouchers
- Applicable law
- Alternative Dispute Resolution
1) Scope of application
1.1 These General Terms and Conditions (hereinafter “GTC”) of urgoodz GmbH (hereinafter “Seller”) shall apply to all contracts;The following applies to all contracts for the delivery of goods which a consumer or entrepreneur (hereinafter “customer“) concludes with the seller with regard to the goods presented by the seller in his online shop. Herewith the inclusion of own conditions of the customer is contradicted, unless otherwise agreed.
1.2 consumer in the sense of these GTC is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his independent professional activity. Entrepreneur in the sense of these GTC is a natural or legal person or a legally responsible partnership which, at the conclusion of a legal transaction, acts in the exercise of its commercial or independent professional activity.
2) Conclusion of contract
2.1 The product descriptions contained in the online shop of the seller are not binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2 The customer can submit the offer via the online order form integrated in the online shop of the seller. After placing the selected goods in the virtual shopping basket and completing the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping basket by clicking the button completing the ordering process. The customer may also submit the offer by telephone, fax, e-mail, post or online contact form to the seller.
2.3 The Seller may accept the Customer’s offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive.
- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
- by requesting the customer to pay after placing his order.
If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer shall begin on the day following the dispatch of the offer by the customer and shall end on the expiry of the fifth day following the dispatch of the offer. If the Seller does not accept the offer of the Customer within the aforementioned period, this shall be deemed as a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.
2.5 If the payment method “Amazon Payments” is selected, the payment will be processed üby the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: „Amazon“), under validity of the Amazon Payments Europe User Agreement, can be viewed at https://payments.amazon.de/help/201751590 If the customer chooses “Amazon Payments“ as the method of payment within the framework of the online ordering process, he also issues a payment order to Amazon by clicking the button completing the ordering process. In this case, the Seller hereby declares that he accepts the customer’s offer at the point in time at which the customer terminates the payment process by clicking the button completing the order process.
2.6 When submitting an offer via the seller’s online order form, the text of the contract is stored by the seller after the contract is concluded and transmitted to the customer in text form (e.g. e-mail, fax or letter) after the customer has sent his order. The Seller shall not make the contract text available to third parties beyond this. If the Customer has set up a user account in the Seller’s online shop before sending his order, the order data shall be archived on the Seller’s website and can be retrieved free of charge by the Customer via his password-protected user account by entering the corresponding login data.
2.7 Before binding submission of the order üvia the Seller’s online order form, the Customer may recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors may be the browser’s zoom function, which is used to zoom the display on the screen. Within the framework of the electronic ordering process, the customer can correct his entries using the usual keyboard and mouse functions until he clicks on the button completing the ordering process.
2.8 For the conclusion of the contract only the German language is available.
2.9 The order processing and establishment of contact usually take place by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3) Right of withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 näh;here Information on the right of revocation result from the revocation instruction of the seller.
3.3 The right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address at the time the contract is concluded is outside the European Union.
4) Prices and terms of payment
4.1 Unless otherwise stated in the seller’s product description, the prices quoted are total prices and include statutory VAT. If necessary, additional delivery and shipping costs will be indicated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for the transfer of money by credit institutions (e.g. remittance fees, exchange rate fees) or import duties or taxes (e.g. 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 customer makes the payment from a country outside the European Union.
4.3 The payment option(s) will be communicated to the customer in the online shop of the seller.
4.4 If prepayment by bank transfer has been agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.6 When selecting the payment method “PayPal Credit“ (installment payment via PayPal) the seller assigns his payment claim to PayPal. Prior to acceptance of the Seller’s assignment declaration, PayPal shall conduct a credit check using the customer data provided. The Seller reserves the right to refuse the Customer the payment method “PayPal Credit“ in the event of a negative check result. If the payment method “PayPal Credit“ is permitted by PayPal, the customer shall pay the invoice amount to PayPal in accordance with the conditions determined by the Seller and communicated to him in the Seller’s online shop. In this case he can only pay to PayPal with discharging effect. However, even in the event of assignment of the claim, the Seller shall remain responsible for general customer enquiries, e.g. regarding the goods, delivery time, dispatch, returns, complaints, declarations of revocation and revocation or credit notes.
, shall apply.
5) Terms of delivery and shipping
5.1 Goods shall be shipped to the delivery address specified by the customer, unless otherwise agreed. In the case of an order via the online order form of the Seller, the delivery address stated in the online order form shall be decisive. Deviating from this, the delivery address deposited with PayPal by the customer at the time of payment is decisive for the selection of the payment method PayPal.
5.2 If the transport company sends the shipped goods back to the seller because delivery to the customer was not possible, the customer shall bear the costs of the unsuccessful shipment. This shall not apply if the customer is not responsible for the circumstance which led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller had given him a reasonable notice of the service in advance. Furthermore, this shall not apply with regard to the costs of the consignment if the customer effectively exercises his right of revocation. If the customer exercises his right of revocation effectively, the provision made in the seller’s revocation policy shall apply to the costs of sending the goods.
5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer as soon as the seller has delivered the goods to the carrier, the freight forwarder or the person or institution otherwise designated to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall in principle pass only upon transfer of the goods to the customer or a person authorized to receive them. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the goods sold, even in the case of consumers, shall pass to the customer as soon as the seller has handed over the goods to the carrier, freight forwarder or any other person responsible for their execution;The Seller has delivered the goods to the forwarder, the carrier or the other person or institution designated for the performance of the shipment and the Seller has not previously notified the Customer of this person or institution.
5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This shall only apply in the event that the Seller is not responsible for the non-delivery and the Seller has concluded a concrete cover transaction with the supplier with due diligence. The Seller shall make all reasonable efforts to procure the goods. In the event that the goods are unavailable or only partially available, the customer will be informed immediately and the consideration will be refunded immediately.
5.5 self-collection is not possible for logistic reasons.
6) Reservation of title
6.1 Towards consumers, the Seller retains title to the delivered goods until full payment of the purchase price owed.
6.2 The Seller shall retain title to the delivered goods until full settlement of all claims arising from an ongoing business relationship with entrepreneurs.
6.3 If the customer acts as an entrepreneur, he shall be entitled to resell the reserved goods in the ordinary course of business. Any claims against third parties arising from this shall be assigned by the customer to the seller in advance in the amount of the respective invoice value (including value added tax). This assignment applies regardless of whether the reserved goods have been resold without or after processing. The customer remains authorised to collect the claims even after the assignment. The right of the seller to collect the claims himself remains unaffected. However, the Seller shall not collect the claims as long as the Customer meets its payment obligations towards the Seller, is not in default of payment and no petition for the opening of insolvency proceedings has been filed.
7) Mängel liability (warranty)
If the purchased item is defective, the provisions of the statutory liability for defects apply. Deviating from this is valid:
7.1 If the customer acts as an entrepreneur,
- the seller has the choice of the type of subsequent performance;
- for new goods, the limitation period for defects shall be one year from the passing of risk;
for new goods
- in the case of used goods, the rights and claims due to defects are excluded in principle;
- the limitation period shall not recommence if a replacement delivery is made within the scope of the warranty period.
the limitation period shall not recommence if a replacement delivery is made within the scope of the warranty period.
7.2 If the customer acts as a consumer, the following applies to used goods with the restriction of the following clause: Claims for defects are excluded if the defect only occurs after one year from delivery of the goods. Mängel that occur within one year of delivery of the goods can be claimed within the statutory limitation period.
7.3 The limitations of liability and time limits set forth in the above paragraphs shall not apply
- for objects which have been used for a building in accordance with their usual use and which have caused its defectiveness,
for objects which have been used for a building in accordance with their usual use and have caused its defectiveness,
for objects which have been used for a building in accordance with their normal use and have caused its defectiveness,
for objects which have been used for a building in accordance with their normal use and have caused its defectiveness,
for objects which have been used for a building in accordance with its normal use and its defectiveness
- for claims for damages and reimbursement of expenses by the customer, as well as
- in the event that the Seller fraudulently concealed the defect.
7.4 In addition, it applies to entrepreneurs that the statutory limitation periods for the right of appeal under § 445b BGB remain unaffected.
7.5 If the customer acts as a businessman within the meaning of § 1 HGB, he shall be subject to the commercial obligation to inspect and to observe in accordance with § 377 HGB. If the Customer fails to comply with the notification obligations set forth therein, the goods shall be deemed to have been approved.
7.6 If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport problems and to inform the seller of this. If the customer does not comply with this, this has no effect on his legal or contractual claims.
The Seller shall be liable to the Customer for all contractual, contractually similar and statutory, including tortious, claims for damages and reimbursement of expenses as follows:
8.1 The seller is liable for any legal reason without limitation
- in case of intent or gross negligence,
- in the case of intentional or negligent injury to life, limb or health,
- due to a guarantee promise, unless otherwise agreed in this respect,
- due to mandatory liability such as under the Product Liability Act.
8.2 If the Seller negligently violates an essential contractual obligation, liability shall be limited to the foreseeable damage typical of the contract, unless unlimited liability is assumed in accordance with the preceding paragraph. Essential contractual obligations are obligations which the contract imposes on the Seller in accordance with its contents in order to achieve the purpose of the contract, the fulfilment of which makes the proper performance of the contract possible in the first place and the observance of which the Customer may regularly rely on.
8.3 Any further liability on the part of the seller is excluded.
8.4 The above liability provisions shall also apply with regard to the liability of the Seller for his vicarious agents and legal representatives.
9) Redemption of promotional vouchers
9.1 vouchers which are issued free of charge by the Seller as part of advertising campaigns with a certain validity period and which cannot be purchased by the Customer (hereinafter referred to as “campaign vouchers”) may only be redeemed in the Seller’s online shop and only in the specified period.
9.2 Individual products may be excluded from the voucher promotion, provided that a corresponding restriction results from the content of the promotion voucher.
9.3 Promotion vouchers can only be redeemed before completion of the order process. A subsequent settlement is not possible.
9.4 Only one promotional voucher can be redeemed per order.
9.5 The value of the goods must at least correspond to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
9.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.
9.7 The credit balance of a promotion voucher is neither paid out in cash nor bears interest.
9.8 The promotional voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of his statutory right of revocation.
9.9 The action voucher is intended only for use by the person named on it. A transfer of the promotional voucher to third parties is excluded. The seller is entitled, but not obliged, to check the material entitlement of the respective voucher holder.
10) Governing law
10.1 For all legal relations between the parties, the laws of the Federal Republic of Germany shall apply to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice of law shall only apply to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
10.2 Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address is outside the European Union at the time the contract is concluded.
11) Place of jurisdiction
If the customer acts as a merchant, a legal entity under public law or a special fund under public law domiciled in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the place of business of the Seller. If the customer has its registered office outside the territory of the Federal Republic of Germany, the place of business of the seller shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the professional or commercial activity of the customer. In the aforementioned cases, however, the Seller shall in any case be entitled to appeal to the court at the Customer’s place of business.
12) Alternative dispute resolution
12.1 The European Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for out-of-court settlement of disputes arising from online sales or service contracts in which a consumer is involved.
12.2 The salesman is neither obligated nor ready for the participation in a dispute settlement procedure before a consumer arbitration board.