Conditions
General terms and conditions with customer information
Table of contents
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1.Scope
2.Conclusion of contract
3.Right of withdrawal
4.Prices and terms of payment
5.Terms of delivery and shipping
6.Retention of title
7.Liability for defects (warranty)
8.Governing Law
9.Jurisdiction
10.Alternative Dispute Resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of Gibsor OHG (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") has with the Seller with regard to the seller in his goods presented in the online shop.The inclusion of the customer's own conditions is hereby contradicted, unless something else has been agreed.
1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.Entrepreneur within the meaning of these terms and conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2) Conclusion of contract
2.1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but serve to enable the customer to submit a binding offer.
2.2 The customer can submit the offer via the online order form integrated in the seller's online shop.After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process.Furthermore, the customer can also submit the offer to the seller by telephone, fax, e-mail, post or using the online contact form.
2.3 The seller can 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 in this respect, or
- by delivering the ordered goods to the customer, in which case receipt of the goods by the customer is decisive, or
- by asking the customer to pay after placing his order.
If there are several of the aforementioned alternatives, the contract comes into effect at the point in time at which one of the aforementioned alternatives occurs first.The period for accepting the offer begins on the day after the customer has sent the offer 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 is deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.
2.4 If you select a payment method offered by PayPal, the payment will be processed via the payment service provider PayPal (Europe) S.at r.let Cie, p.CA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to 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 - subject to the conditions for payments without a PayPal account, which can be viewed at https://www.PayPal.com/de/webapps/mpp/ua/privacywax-full.If the customer pays using a payment method offered by PayPal that can be selected in the online ordering process, the seller already declares acceptance of the customer's offer at the point in time at which the customer clicks on the button that concludes the ordering process.
2.When submitting an offer via the seller's online order form, the text of the contract is saved by the seller after the conclusion of the contract and sent to the customer in text form (e.g.Be-mail, fax or letter).The seller does not make the contract text accessible beyond this.If the customer has set up a user account in the seller's online shop before sending his order, the order data will be archived on the seller's website and can be called up free of charge by the customer via his password-protected user account by providing the corresponding login data.
2.6 Before submitting the 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.An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged.The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.
2.7 Only the German language is available for the conclusion of the contract.
2.8 The order processing and contact usually takes place via 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 the 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 to process the order can be delivered.
3) Right of withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further information on the right of cancellation can be found in the seller's cancellation policy.
4) Prices and terms of payment
4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory sales tax.Any additional delivery and shipping costs are specified separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise 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 money transfers by credit institutions (e.g.Btransfer fees, exchange rate fees) or import duties ortaxes (ex.BDuties).Such costs can 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 seller's online shop.
4.4 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.5 If you select the "SOFORT" payment method, the payment will be processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT").In order to be able to pay the invoice amount via "SOFORT", the customer must have an activated online banking account for participation in "SOFORT", identify himself accordingly during the payment process and confirm the payment order to "SOFORT".The payment transaction is carried out immediately afterwards by "SOFORT" and the customer's bank account is debited.The customer can find more detailed information on the "SOFORT" payment method on the Internet at https://www.of course.com/immediately/ retrieve.
4.6 If you select a payment method offered via the "Shopify Payments" payment service, the payment will be processed via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter the "Stripe").The individual payment methods offered via Shopify Payments are communicated to the customer in the seller's online shop.To process payments, Stripe may use other payment services for whichspecial terms of payment apply, to which the customer mayis pointed out separately.Further information on "Shopify Payments" is available on the Internet at https://www.shopify.com/legal/terms-payments-de.
4.7 If you select the credit card payment method via Stripe, the invoice amount is due immediately upon conclusion of the contract.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 reject this payment method if the credit check is negative.
4.8 If you select a payment method offered via the "Klarna" payment service, the payment will be processed by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna").More information and Klarna's terms and conditions can be found in the seller's payment information, which can be viewed at the following Internet address:
https://cander.berlin/pages/payment
5) Terms of delivery and shipping
5.1 Goods are delivered by mail to the delivery address specified by the customer, unless otherwise agreed.When processing the transaction, the delivery address specified in the seller's order processing is decisive.
5.2 If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result.This does not apply with regard to the costs for the delivery if the customer effectively exercises his right of withdrawal.If the customer effectively exercises the right of cancellation, the regulation made in the seller's cancellation policy applies to the return costs.
5.3 In the case of self-collection, the seller first informs the customer by e-mail that the goods he has ordered are ready for collection.After receiving this e-mail, the customer can collect the goods at the seller's registered office after consultation with the seller.In this case, no shipping costs will be charged.
6) Retention of title
If the seller makes an advance payment, he retains title to the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects (warranty)
7.1 If the purchased item is defective, the statutory liability for defects applies.
7.2 If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this.If the customer does not comply, this has no effect whatsoever on his statutory or contractual claims for defects.
8) Applicable law
The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods.For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
9) Place of jurisdiction
If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office on the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the place of business of the seller.If the customer is based 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 if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity.In the above cases, however, the seller is always entitled to appeal to the court at the customer's registered office.
10) Alternative Dispute Resolution
10.1 The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.Europe.eu/consumers/odr
This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
10.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
Table of contents
------------------
1.Scope
2.Conclusion of contract
3.Right of withdrawal
4.Prices and terms of payment
5.Terms of delivery and shipping
6.Retention of title
7.Liability for defects (warranty)
8.Governing Law
9.Jurisdiction
10.Alternative Dispute Resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of Gibsor OHG (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") has with the Seller with regard to the seller in his goods presented in the online shop.The inclusion of the customer's own conditions is hereby contradicted, unless something else has been agreed.
1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.Entrepreneur within the meaning of these terms and conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2) Conclusion of contract
2.1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but serve to enable the customer to submit a binding offer.
2.2 The customer can submit the offer via the online order form integrated in the seller's online shop.After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process.Furthermore, the customer can also submit the offer to the seller by telephone, fax, e-mail, post or using the online contact form.
2.3 The seller can 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 in this respect, or
- by delivering the ordered goods to the customer, in which case receipt of the goods by the customer is decisive, or
- by asking the customer to pay after placing his order.
If there are several of the aforementioned alternatives, the contract comes into effect at the point in time at which one of the aforementioned alternatives occurs first.The period for accepting the offer begins on the day after the customer has sent the offer 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 is deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.
2.4 If you select a payment method offered by PayPal, the payment will be processed via the payment service provider PayPal (Europe) S.at r.let Cie, p.CA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to 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 - subject to the conditions for payments without a PayPal account, which can be viewed at https://www.PayPal.com/de/webapps/mpp/ua/privacywax-full.If the customer pays using a payment method offered by PayPal that can be selected in the online ordering process, the seller already declares acceptance of the customer's offer at the point in time at which the customer clicks on the button that concludes the ordering process.
2.When submitting an offer via the seller's online order form, the text of the contract is saved by the seller after the conclusion of the contract and sent to the customer in text form (e.g.Be-mail, fax or letter).The seller does not make the contract text accessible beyond this.If the customer has set up a user account in the seller's online shop before sending his order, the order data will be archived on the seller's website and can be called up free of charge by the customer via his password-protected user account by providing the corresponding login data.
2.6 Before submitting the 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.An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged.The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.
2.7 Only the German language is available for the conclusion of the contract.
2.8 The order processing and contact usually takes place via 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 the 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 to process the order can be delivered.
3) Right of withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further information on the right of cancellation can be found in the seller's cancellation policy.
4) Prices and terms of payment
4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory sales tax.Any additional delivery and shipping costs are specified separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise 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 money transfers by credit institutions (e.g.Btransfer fees, exchange rate fees) or import duties ortaxes (ex.BDuties).Such costs can 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 seller's online shop.
4.4 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.5 If you select the "SOFORT" payment method, the payment will be processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT").In order to be able to pay the invoice amount via "SOFORT", the customer must have an activated online banking account for participation in "SOFORT", identify himself accordingly during the payment process and confirm the payment order to "SOFORT".The payment transaction is carried out immediately afterwards by "SOFORT" and the customer's bank account is debited.The customer can find more detailed information on the "SOFORT" payment method on the Internet at https://www.of course.com/immediately/ retrieve.
4.6 If you select a payment method offered via the "Shopify Payments" payment service, the payment will be processed via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter the "Stripe").The individual payment methods offered via Shopify Payments are communicated to the customer in the seller's online shop.To process payments, Stripe may use other payment services for whichspecial terms of payment apply, to which the customer mayis pointed out separately.Further information on "Shopify Payments" is available on the Internet at https://www.shopify.com/legal/terms-payments-de.
4.7 If you select the credit card payment method via Stripe, the invoice amount is due immediately upon conclusion of the contract.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 reject this payment method if the credit check is negative.
4.8 If you select a payment method offered via the "Klarna" payment service, the payment will be processed by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna").More information and Klarna's terms and conditions can be found in the seller's payment information, which can be viewed at the following Internet address:
https://cander.berlin/pages/payment
5) Terms of delivery and shipping
5.1 Goods are delivered by mail to the delivery address specified by the customer, unless otherwise agreed.When processing the transaction, the delivery address specified in the seller's order processing is decisive.
5.2 If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result.This does not apply with regard to the costs for the delivery if the customer effectively exercises his right of withdrawal.If the customer effectively exercises the right of cancellation, the regulation made in the seller's cancellation policy applies to the return costs.
5.3 In the case of self-collection, the seller first informs the customer by e-mail that the goods he has ordered are ready for collection.After receiving this e-mail, the customer can collect the goods at the seller's registered office after consultation with the seller.In this case, no shipping costs will be charged.
6) Retention of title
If the seller makes an advance payment, he retains title to the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects (warranty)
7.1 If the purchased item is defective, the statutory liability for defects applies.
7.2 If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this.If the customer does not comply, this has no effect whatsoever on his statutory or contractual claims for defects.
8) Applicable law
The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods.For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
9) Place of jurisdiction
If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office on the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the place of business of the seller.If the customer is based 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 if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity.In the above cases, however, the seller is always entitled to appeal to the court at the customer's registered office.
10) Alternative Dispute Resolution
10.1 The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.Europe.eu/consumers/odr
This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
10.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
