Terms of service
Table of Contents
- Scope
- Conclusion of Contract
- Right of Withdrawal
- Prices and Payment Terms
- Delivery and Shipping Conditions
- Retention of Title
- Liability for Defects (Warranty)
- Liability
- Redemption of Promotional Vouchers
- Redemption of Gift Vouchers
- Applicable Law
- Jurisdiction
- Alternative Dispute Resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Gordigear GmbH (hereinafter referred to as "Seller") apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter referred to as "Customer") with the Seller regarding the goods displayed in the Seller's online shop. The inclusion of the Customer's own terms and conditions is hereby objected to unless otherwise agreed.
1.2 These GTC apply accordingly to contracts for the delivery of vouchers, unless otherwise regulated.
1.3 A consumer in the sense of these GTC is any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to their commercial or self-employed professional activity.
1.4 An entrepreneur in the sense of these GTC is a natural or legal person or a legally capable partnership that acts in the exercise of its commercial or self-employed professional activity when concluding a legal transaction.
2) Conclusion of Contract
2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers by 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 into the Seller's online shop. By placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer concerning the goods in the shopping cart by clicking the button that concludes the ordering process.
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 email), whereby the receipt of the order confirmation by the Customer is decisive, or
- delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or
- requesting payment from the Customer after placing the order.
If multiple of the aforementioned alternatives apply, the contract is concluded at the moment one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the Customer and ends at the end of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by their declaration of intent.
2.4 When selecting a payment method offered by PayPal, the payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), under the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the Customer does not have a PayPal account – under the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer selects a payment method offered by PayPal during the online ordering process, the Seller declares acceptance of the Customer's offer at the moment the Customer clicks the button that concludes the ordering process.
2.5 When submitting an offer via the Seller's online order form, the contract text is stored by the Seller after the contract is concluded and sent to the Customer in text form (e.g., email, fax, or letter) after submitting their order. Further accessibility of the contract text by the Seller is not provided. If the Customer has set up a user account in the Seller's online shop before submitting their order, the order data is archived on the Seller's website and can be accessed free of charge by the Customer via their password-protected user account by entering the corresponding login data.
2.6 Before submitting a binding order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. A useful technical tool for better recognizing input errors can be the browser's magnification function, which enlarges the display on the screen. The Customer can correct their entries using the usual keyboard and mouse functions until they click the button that concludes the ordering process.
2.7 Different languages are available for concluding the contract. The specific language selection is displayed in the online shop.
2.8 Order processing and communication usually take place via email and automated order processing. The Customer must ensure that the email address provided for order processing is correct so that emails sent by the Seller can be received at this address. Especially when using SPAM filters, the Customer must ensure that all emails sent by the Seller or third parties commissioned by the Seller for order processing can be delivered.
3) Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the Seller's withdrawal policy.
4) Prices and Payment Terms
4.1 Unless otherwise stated in the seller's product description, the prices indicated are total prices that include statutory value-added tax. Any additional delivery and shipping costs incurred will be specified separately in the respective product description.
4.2 The available payment method(s) will be communicated to the customer in the seller's online store.
4.3 If a payment method offered via the "PayPal" payment service is selected, payment processing is carried out via PayPal, which may also use third-party payment service providers. If the seller offers payment methods via PayPal where they provide an advance payment to the customer (e.g., purchase on account or installment payment), they assign their payment claim to PayPal or the payment service provider designated by PayPal and specifically named to the customer. Before accepting the seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal will conduct a credit check using the transmitted customer data. The seller reserves the right to deny the selected payment method to the customer if the result of the credit check is negative. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, payment can only be made to PayPal or the payment service provider commissioned by PayPal with a debt-discharging effect. However, even in the case of assignment of claims, the seller remains responsible for general customer inquiries regarding the goods, delivery time, shipment, returns, complaints, withdrawal declarations, or credit notes.
4.4 If a payment method offered via the "Shopify Payments" payment service is selected, payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments will be communicated to the customer in the seller's online store. Stripe may use additional payment services for processing, which may be subject to special payment conditions that will be specifically pointed out to the customer if applicable. Further information on "Shopify Payments" is available online at https://www.shopify.com/legal/terms-payments-de.
5) Delivery and Shipping Conditions
5.1 If the seller offers the shipping of goods, delivery will be made within the specified delivery area to the delivery address provided by the customer unless otherwise agreed. The delivery address specified in the seller's order processing system is decisive for transaction processing.
5.2 If delivery of the goods fails for reasons attributable to the customer, the customer bears the reasonable costs incurred by the seller. This does not apply to the costs for the initial shipment if the customer effectively exercises their right of withdrawal. The provisions regarding return shipping costs in the seller's withdrawal policy apply when the withdrawal right is effectively exercised.
5.3 If the customer acts as a business, the risk of accidental loss and accidental deterioration of the sold goods transfers to the customer as soon as the seller hands over the item to the shipping company, freight forwarder, or any other person or institution designated to execute the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes to the customer or an authorized recipient upon delivery. However, if the customer commissions the shipping company, freight forwarder, or another party designated for shipment and the seller has not previously named this party to the customer, the risk transfers to the customer as soon as the seller hands over the goods for shipping.
5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies if the seller is not responsible for the non-delivery and has concluded a corresponding covering transaction with the supplier with due diligence. The seller will make all reasonable efforts to procure the goods. In case of unavailability or partial availability of the goods, the customer will be informed immediately, and any counter-performance will be refunded immediately.
5.5 Due to logistical reasons, self-collection is not possible.
5.6 Vouchers will be provided to the customer as follows:
- via email
6) Retention of Title
If the seller provides advance payment, they retain ownership of the delivered goods until full payment of the purchase price has been made.
7) Warranty
Unless otherwise stated in the following regulations, the statutory provisions on warranty apply. Deviating from this, the following applies to contracts for the delivery of goods:
7.1 If the customer acts as a business,
- the seller has the choice of the type of supplementary performance;
- the limitation period for defect claims for new goods is one year from delivery of the goods;
- defect claims for used goods are excluded;
- the limitation period does not start anew if a replacement delivery is made within the framework of liability for defects.
7.2 The above limitations and reductions of deadlines do not apply
- to claims for damages and reimbursement of expenses by the customer,
- in the event that the seller has fraudulently concealed a defect,
- for goods that have been used for a building according to their usual use and have caused its defectiveness,
- for any obligation of the seller to provide updates for digital products in contracts for the delivery of goods with digital elements.
8) Liability
The seller is liable to the customer for all contractual, quasi-contractual, and statutory, including tort claims for damages and reimbursement of expenses as follows:
8.1 The seller is liable without limitation on any legal grounds
- in cases of intent or gross negligence,
- for intentional or negligent injury to life, body, or health,
- due to a guarantee promise, unless otherwise regulated in this regard,
- due to mandatory liability, such as under the Product Liability Act.
8.2 If the seller negligently breaches a material contractual obligation, liability is limited to the typical foreseeable damage, unless unlimited liability applies according to the above clause. Material contractual obligations are obligations imposed on the seller by the contract according to its content to achieve the contractual purpose, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the customer may regularly rely.
8.3 Otherwise, the seller's liability is excluded.
8.4 The above liability provisions also apply with regard to the liability of the seller for its vicarious agents and legal representatives.
9) Redemption of Promotional Vouchers
9.1 Vouchers issued free of charge by the seller as part of promotional campaigns with a specific validity period and which cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online store and only within the specified period.
9.2 Certain products may be excluded from the voucher promotion if such a restriction results from the content of the promotional voucher.
9.3 Promotional vouchers can only be redeemed before completing the ordering process. Subsequent offsetting is not possible.
9.4 Only one promotional voucher can be redeemed per order.
9.5 The order value must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.
9.6 If the value of the promotional voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be used to pay the difference.
9.7 The balance of a promotional voucher will neither be paid out in cash nor accrue interest.
9.8 The promotional voucher will not be refunded if the customer returns the goods paid for wholly or partially with the promotional voucher within the scope of their statutory right of withdrawal.
9.9 The promotional voucher is intended only for use by the person named on it. The transfer of the promotional voucher to third parties is excluded. The seller is entitled, but not obliged, to verify the material entitlement of the respective voucher holder.
10) Redemption of Gift Vouchers
10.1 Vouchers that can be purchased via the seller's online store (hereinafter "gift vouchers") can only be redeemed in the seller's online store, unless otherwise stated on the voucher.
10.2 Gift vouchers and remaining balances of gift vouchers can be redeemed until the end of the third year after the year in which the voucher was purchased. Remaining balances will be credited to the customer until the expiration date.
10.3 Gift vouchers can only be redeemed before completing the ordering process. Subsequent offsetting is not possible.
10.4 Only one gift voucher can be redeemed per order.
10.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of additional gift vouchers.
10.6 If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be used to pay the difference.
10.7 The balance of a gift voucher will neither be paid out in cash nor accrue interest.
10.8 The gift voucher is intended only for use by the person named on it. The transfer of the gift voucher to third parties is excluded. The seller is entitled, but not obliged, to verify the material entitlement of the respective voucher holder.
11) Applicable Law
All legal relationships between the parties are governed by the law of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. For consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.
12) Jurisdiction
If the customer acts as a merchant, a legal entity under public law, or a special fund under public law with its seat within the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business. If the customer's seat is outside the territory of the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract, provided that the contract or claims from the contract can be attributed to the professional or commercial activity of the customer. However, in the above cases, the seller is in any case entitled to bring an action before the court at the customer's seat.
13) Alternative Dispute Resolution
The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
