Terms and Conditions
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
Special conditions for repair services
Redemption of promotional vouchers
Redemption of gift vouchers
Applicable law
Jurisdiction
Alternative dispute resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter "GTC")
of GS Modevertriebs GmbH (hereinafter "Seller"), apply to all
Contracts for the supply of goods concluded by a consumer or entrepreneur
(hereinafter referred to as “Customer”) with the Seller regarding the Seller’s
goods presented in his online shop. The
Inclusion of the customer’s own conditions is contradicted, unless
unless something else has been agreed.
1.2 For contracts for the delivery of vouchers, these
General Terms and Conditions apply, unless otherwise agreed.
1.3 Consumer within the meaning of these Terms and Conditions is any natural
Person who concludes a legal transaction for purposes that are predominantly
neither their commercial nor their independent professional activity
can be attributed to.
1.4 An entrepreneur within the meaning of these Terms and Conditions is a natural or
legal person or a partnership with legal capacity, which
Conclusion of a legal transaction in the exercise of their commercial or
self-employed professional activity.
2) Conclusion of contract
2.1 The information contained in the Seller’s online shop
Product descriptions do not constitute binding offers on the part of the
Seller, but serve to submit a binding offer
by the customer.
2.2 The customer can order the offer via the online shop of the
Seller's integrated online order form. The
Customer, after placing the selected goods in the virtual shopping cart
and has completed the electronic ordering process, through
Clicking the button that completes the order process constitutes a legally binding
binding contract offer with regard to the items contained in the shopping cart
goods. The customer can also accept the offer by email, by
Submit your request using the online contact form or by telephone 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 a
Order confirmation will be sent in text form (fax or e-mail), whereby
insofar as the receipt of the order confirmation by the customer is decisive,
or
by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
by requesting payment from the customer after placing his order.
If several of the above alternatives exist, the contract
at the time when one of the aforementioned alternatives
occurs first. The period for accepting the offer begins on the day after
the sending of the offer by the customer and ends with the
Expiry of the fifth day following the dispatch of the offer.
If the seller accepts the customer’s offer within the aforementioned period
does not accept, 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.
2.4 When selecting a payment method offered by PayPal
Payment processing is carried out via the payment service provider PayPal
(Europe) S.à rl et Cie, SCA, 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 - under
Validity of the conditions for payments without a PayPal account, available at
https://www.paypal.com/de/webapps/mpp/ua/privacywax-full .
If the customer pays using a payment method selected during the online ordering process,
PayPal payment method, the seller declares that
Acceptance of the customer’s offer at the time the customer
button which completes the ordering process.
2.5 If you select the payment method "Amazon Payments", the
Payment processing via the payment service provider Amazon Payments Europe
sca, 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter:
“Amazon”), subject to Amazon Payments Europe
Terms of Use, available at https://payments.amazon.de/help/201751590 .
If the customer selects “Amazon Payments” during the online ordering process
as payment method, he authorizes the order process by clicking on
The final button also sends a payment order to Amazon.
In this case, the seller hereby declares acceptance of the
offer of the customer at the time when the customer clicks on the
The button that completes the order process triggers the payment process.
2.6 When submitting an offer for the
The contract text will be sent to the seller’s online order form after
Contract conclusion is stored by the seller and sent to the customer after dispatch
of his order in text form (e.g. e-mail, fax or letter)
Any further access to the
The seller does not accept any changes to the contract text. If the customer
Sending his order a user account in the online shop of the
Seller, the order data will be displayed on the Seller’s website
Seller and can be accessed by the customer via his
password-protected user account with the corresponding
Login data can be accessed free of charge.
2.7 Before submitting a binding order via the
The customer can use the seller’s online order form to
Input errors by carefully reading the information on the screen
recognize the information presented. An effective technical means
For better detection of input errors, the
The browser's magnification function can be used to increase the
is enlarged on the screen. The customer can enter his inputs in the
As part of the electronic ordering process, we will continue to process the usual
Correct keyboard and mouse functions until he clicks the button,
which completes the ordering process.
2.8 Only the German language is available for the conclusion of the contract.
2.9 Order processing and contact will take place in the
Usually via email and automated order processing. The customer
must ensure that the data specified by him for order processing
E-mail address is correct, so that under this address the
Emails sent by the seller can be received. In particular,
When using SPAM filters, the customer must ensure that all
by the seller or by the person commissioned by the seller to process the order
Emails sent by third parties 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 cancellation policy.
4) Prices and payment terms
4.1 If the product description of the seller
Unless otherwise stated, the prices quoted are
Total prices including statutory VAT.
Additional delivery and shipping costs will be charged in the
specified separately in the respective product description.
4.2 The payment option(s) will be communicated to the customer in the seller’s online shop.
4.3 If advance payment by bank transfer is agreed, the
Payment is due immediately after conclusion of the contract, unless the parties
agreed on a later due date.
4.4 When selecting a payment service via the “PayPal”
The payment method offered is processed via PayPal,
PayPal also uses the services of third-party payment service providers
If the seller also accepts payment methods via PayPal
offers services where he makes advance payments to the customer (e.g.
purchase on account or payment in installments), he assigns his payment claim
in this respect to PayPal or to the person commissioned by PayPal and the customer
specifically named payment service provider. Before accepting the
The seller's declaration of assignment is processed by PayPal or the PayPal
commissioned payment service providers using the transmitted
The seller reserves the right to
the customer the selected payment method in case of a negative
If the selected candidates are admitted,
The customer has to pay the invoice amount within the agreed
Payment must be made within the agreed payment period or at the agreed payment intervals.
In this case, he can only contact PayPal or the PayPal-appointed
Payment service providers with debt-discharging effect. The
However, the seller remains responsible even in the event of assignment of claims
for general customer enquiries e.g. regarding goods, delivery times, shipping,
Returns, complaints, declarations of revocation and dispatches or
Credits.
5) Delivery and shipping conditions
5.1 If the seller offers to ship the goods,
delivery within the delivery area specified by the seller to
the delivery address provided by the customer, unless otherwise
is agreed. When processing the transaction, the
The delivery address specified by the seller during order processing is decisive.
5.2 If delivery of the goods fails for reasons beyond the control of
Customer is responsible, the Customer shall bear the costs incurred by the Seller
reasonable costs incurred. This applies with regard to the costs
for the delivery if the customer has effectively exercised his right of withdrawal
For the return costs, if the right to cancel is exercised effectively,
Right of withdrawal by the customer in the cancellation policy of the
Seller's arrangement in this regard.
5.3 If the customer acts as an entrepreneur, the risk of
accidental loss and accidental deterioration of the goods sold
Goods to the customer as soon as the seller hands the goods over to the carrier,
the carrier or the person otherwise responsible for carrying out the shipment
specific person or institution. If the customer acts as
Consumer, the risk of accidental loss and
accidental deterioration of the goods sold only with
Handing over the goods to the customer or an authorized person
Deviating from this, the risk of accidental loss and
the accidental deterioration of the goods sold even in the case of
Consumers already to the customer as soon as the seller
the forwarding agent, the carrier or the person otherwise responsible for carrying out the
has delivered the goods to a specific person or institution, if the
Customer shall inform the forwarding agent, the carrier or other persons responsible for carrying out the
Dispatch specific person or institution entrusted with the execution
and the Seller has not previously informed the Customer of this person or institution
named.
5.4 The Seller reserves the right, in the event of non-
correct or improper self-supply from the contract
This only applies in the event that the non-delivery
is not the responsibility of the seller and the seller has the necessary
Carefully concluded a specific hedging transaction with the supplier
The Seller will make all reasonable efforts to
to procure the goods. In case of unavailability or only
partial availability of the goods, the customer will be informed immediately
and the consideration will be refunded immediately.
5.5 Self-collection is not possible for logistical reasons.
5.6 Vouchers are provided to the customer as follows:
- by email
6) Retention of title
6.1 The Seller reserves the right to withdraw from the contract with consumers until
full payment of the purchase price owed, the ownership of the
delivered goods.
6.2 The Seller reserves the right to make a purchase with entrepreneurs until
full settlement of all claims arising from an ongoing
Business relationship retains ownership of the delivered goods.
6.3 If the customer acts as an entrepreneur, he is obliged to
Resale of the reserved goods in the ordinary course of business
All claims against third parties arising from this
The customer assumes liability for the respective invoice value (including
VAT) to the seller in advance. This assignment shall apply
regardless of whether the reserved goods are delivered without or after processing
has been resold. The customer remains responsible for collecting the
Claims are also authorized after the assignment. The authority of the
The seller’s right to collect the claims himself remains unaffected.
However, the seller will not collect the claims as long as the
Customer meets his payment obligations to the Seller,
does not fall into arrears and no application for the opening of a
insolvency proceedings have been filed.
7) Liability for defects (warranty)
Unless otherwise provided in the following provisions,
The provisions of statutory liability for defects apply.
The following applies to contracts for the delivery of goods:
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 is one year from delivery of the goods;
In the case of used goods, rights and claims due to defects are excluded;
The limitation period does not begin again if a replacement delivery is made within the scope of liability for defects.
7.2 The limitations of liability and shortening of time limits set out above do not apply
for claims for damages and reimbursement of expenses by the customer,
in the event that the seller has fraudulently concealed the defect,
for goods which, according to their usual use, are intended for a
have been used in the building and its defects have caused
have,
for any existing obligation of the seller to
Providing updates for digital products, contracts
for the delivery of goods with digital elements.
7.3 In addition, entrepreneurs are required to comply with the statutory
Limitation periods for any existing statutory
Right of recourse remains unaffected.
7.4 If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB),
the commercial obligation to inspect and give notice of defects in accordance with Section 377 of the German Commercial Code (HGB).
If the customer fails to comply with the notification obligations set out therein, the goods shall be deemed
as approved.
7.5 If the customer acts as a consumer, he is requested to
Goods delivered with obvious transport damage to the
to complain to the deliverer and to inform the seller of this
If the customer does not comply, this will have no effect
on his statutory or contractual claims for defects.
8) Liability
The seller is liable to the customer for all contractual,
contractual and legal, including tortious claims on
Compensation for damages and expenses as follows:
8.1 The Seller shall be liable without limitation for any legal reason
in case of intent or gross negligence,
in the event of intentional or negligent injury to life, body or health,
due to a guarantee promise, unless otherwise provided,
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 contractually typical,
foreseeable damage, unless in accordance with the above paragraph
is liable without limitation. Essential contractual obligations are
Obligations which the contract imposes on the seller according to its content
Achievement of the purpose of the contract, the fulfilment of which
proper execution of the contract is possible in the first place and
which the customer can regularly rely on being complied with.
8.3 Otherwise, the Seller’s liability is excluded.
8.4 The above liability provisions also apply with regard to
the seller’s liability for his vicarious agents and
legal representative.
9) Special conditions for repair services
If the seller is obliged to repair an item belonging to the customer according to the content of the contract, the following applies:
9.1 Repair services will be provided at the Seller’s headquarters.
9.2 The Seller shall provide its services at its discretion
in person or through qualified personnel selected by him
Personnel. The seller may also use the services of third parties
(subcontractors) who work on his behalf. If
unless the seller’s service description indicates otherwise,
The customer has no right to select a specific person for
Carrying out the desired service.
9.3 The Customer shall reimburse the Seller for all costs incurred in repairing the
to provide the information necessary for the purpose of the
whose procurement according to the content of the contract is not in the
The customer is obliged to
Seller a comprehensive description of the defect and
to communicate all circumstances that may have caused the identified
can be errors.
9.4 Unless otherwise agreed, the customer has the
the item to be repaired at your own expense and risk to the registered office of
Seller's delivery address. The Seller recommends that the Customer use the
Taking out transport insurance. The seller also recommends
the customer to return the item in suitable transport packaging
to reduce the risk of transport damage and to
To conceal the contents of the packaging.
The seller will inform the customer immediately of any transport damage,
so that he can assert his rights against the carrier if necessary
can assert.
9.5 The return of the item shall be at the customer’s expense.
The risk of accidental loss and accidental deterioration
of the item passes with the handover of the item to a suitable
transport person at the seller's place of business to the customer.
At the customer’s request, the seller will provide a
Take out transport insurance.
9.6 The above provisions do not limit the
statutory warranty rights of the customer in the case of purchase of goods from
Salesperson.
9.7 The Seller shall be liable for defects in the repair work provided in accordance with the provisions of statutory liability for defects.
10) Redemption of promotional vouchers
10.1 Vouchers issued by the Seller as part of promotional campaigns
issued free of charge with a specific period of validity
and which cannot be purchased by the customer (hereinafter
"Promotional vouchers") can only be used in the seller's online shop and only
be redeemed within the specified period.
10.2 Promotional vouchers can only be redeemed by consumers.
10.3 Individual products may be excluded from the voucher promotion
be excluded, provided that a corresponding restriction arises from
the content of the promotional voucher.
10.4 Promotional vouchers can only be used before completion of the
The order process can be redeemed. Subsequent billing is
not possible.
10.5 Only one promotional voucher can be redeemed per order.
10.6 The value of the goods must be at least the amount of the
Any remaining balance will be refunded by the seller
not refunded.
10.7 If the value of the promotional voucher is sufficient to cover the
order, you can use a credit card to pay the difference.
the other payment methods offered by the seller.
10.8 The balance of a promotional voucher will not be paid out in cash and will not accrue interest.
10.9 The promotional voucher will not be refunded if the customer
the goods paid for in whole or in part with the promotional voucher in
within the scope of his statutory right of withdrawal.
10.10 The promotional voucher is transferable. The seller can
with discharging effect to the respective owner, who
promotional voucher in the seller’s online shop. This
does not apply if the seller has knowledge or grossly negligent ignorance
of the lack of entitlement, incapacity or lack of
has authority to represent the respective owner.
11) Redemption of gift vouchers
11.1 Vouchers purchased via the Seller’s online shop
can be purchased (hereinafter "gift vouchers"),
can only be redeemed in the seller’s online shop, provided
unless the voucher states otherwise.
11.2 Gift vouchers and remaining balances of
Gift vouchers are valid until the end of the third year after the year
of the voucher purchase. Any remaining balance will be credited to the customer until
expiration date credited.
11.3 Gift vouchers can only be redeemed before completion of the
The order process can be redeemed. Subsequent billing is
not possible.
11.4 Only one gift voucher can be redeemed per order.
11.5 Gift vouchers can only be used to purchase goods and not to purchase additional gift vouchers.
11.6 If the value of the gift voucher is not sufficient to cover the
order, you can use a credit card to pay the difference.
the other payment methods offered by the seller.
11.7 The balance of a gift voucher will not be paid out in cash and will not accrue interest.
11.8 The gift voucher is transferable. The seller can
with discharging effect to the respective owner, who
Gift voucher redeemed in the seller’s online shop. This
does not apply if the seller has knowledge or grossly negligent ignorance
of the lack of entitlement, incapacity or lack of
has authority to represent the respective owner.
12) Applicable law
All legal relationships between the parties shall be governed by the law of
Federal Republic of Germany, excluding the laws on
international purchase of movable goods. For consumers, this
Choice of law only insofar as the protection granted is not guaranteed by mandatory
Provisions of the law of the country in which the consumer
habitual residence is withdrawn.
13) Place of jurisdiction
If the customer acts as a merchant, legal entity of the public
Legal or public special fund with registered office in
Territory of the Federal Republic of Germany, is the exclusive
Jurisdiction for all disputes arising from this contract is
Place of business of the seller. If the customer is located outside the
territory of the Federal Republic of Germany, the place of business
of the seller exclusive jurisdiction for all disputes
from this contract, if the contract or claims arising from the contract of
professional or commercial activity of the customer
However, in the above cases the seller is in any case
case, entitled to appeal to the court at the customer's place of residence.
14) Alternative dispute resolution
14.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for out-of-court
Settlement of disputes arising from online purchases or
Service contracts involving a consumer.
14.2 The Seller is obliged to participate in a
Dispute settlement proceedings before a consumer arbitration board neither
committed nor willing.