General Terms and Conditions of Sale (GTC)
§ 1 Scope of application
(1) These General Terms and Conditions of Sale (hereinafter referred to as "GTC") shall apply to
all contracts concluded between us via our online shop, the
Gehmann GmbH & Co. KG,
Karlstraße 40, 76133 Karlsruhe, Germany
AG Mannheim HRA 104151
represented by the
Gehmann Administration GmbH
AG Mannheim HRB 106642
these represented by the
Managing Director Markus Gehmann
Phone number: +49 721 24545
Fax number: +49 721 29888
E-mail address: info@gehmann.com
and you as our customer. The GTC apply regardless of whether you are a consumer,
entrepreneur or merchant.
(2) All agreements made between you and us in connection with the purchase contract result in
particular from these sales conditions, our written order confirmation and our declaration of
acceptance.
(3) The version of the General Terms and Conditions valid at the time the contract is concluded
shall be decisive.
(4) We do not accept deviating conditions of the customer. This shall also apply if we do not
expressly object to the inclusion.
§ 2 Conclusion of contract
(1) The presentation and advertising of articles in our online shop does not constitute a binding
offer to conclude a sales contract.
(2) By sending an order via the online shop by clicking on the button "order with payment" you are
placing a legally binding order. You are bound to the order for a period of two (2) weeks after
placing the order; your right to revoke your order according to § 3 remains unaffected.
(3) We will immediately confirm the receipt of your order via our online shop by e-mail. Such an email
does not yet constitute a binding acceptance of the order, unless it also declares acceptance
in addition to confirmation of receipt.
(4) A contract is only concluded when we accept your order by a declaration of acceptance or by
the delivery of the ordered items.
(5) Should delivery of the goods ordered by you not be possible, e.g. because the corresponding
goods are not in stock, we shall refrain from issuing a declaration of acceptance. In this case a
contract is not concluded. We will inform you immediately and immediately refund any
consideration already received.
(6) You agree that the contract-related communication (e.g. order confirmation, invoice) can take
place in electronic form.
§ 3 Right of revocation
(1) If you are a consumer (i.e. a natural person who places the order for a purpose which cannot
be attributed to your commercial or self-employed professional activity) and a resident of the European Union,
you are entitled to a right of revocation in accordance with the statutory provisions.
(2) If you as a consumer make use of your right of revocation according to item 1, you have to
bear the regular costs of the return.
(3) In all other respects, the provisions set out in detail in the following shall apply to the right of
revocation.
| revocation instruction
right of withdrawal You have the right to revoke this contract within fourteen days without giving reasons. The withdrawal period shall be fourteen days from the date on which you or a third party other than the carrier who took or has taken possession of the goods designated by you and who is the carrier.
In order to exercise your right of withdrawal, you must inform Gehmann GmbH & Co KG, Karlstraße 40, telephone number +4972124545, fax number +4972129888, e-mail: info@gehmann.com of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter, fax or e-mail sent by post).
You can use the attached model withdrawal form, which is not mandatory. You can also electronically fill in and submit the sample revocation form or another clear declaration on our website www.gehmann.com.
If you make use of this option, we will immediately (e.g. by e-mail) send you a confirmation of receipt of such a revocation.
In order 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.
revocation consequences If you revoke this Agreement, we shall reimburse you immediately and no later than fourteen days from the date on which we received notice of your revocation of this Agreement for all payments we have received from you, including delivery charges (other than additional charges arising from your choice of a method of delivery other than the cheapest standard delivery offered by us).
For this refund we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.
We may refuse to refund until we have received the Goods back or until you have provided evidence that you have returned the Goods, whichever is earlier. You must return or hand over the goods to us or to [insert here the name and address of the person authorised by you to receive the goods] immediately and in any case within fourteen days of the day on which you notify us of the revocation of this contract at the latest.
This period shall be deemed to have been observed if you dispatch the goods before the expiry of the fourteen-day period.
You shall bear the direct costs of returning the goods.
They shall be liable for any depreciation of the goods only if such depreciation is due to handling of the goods which is not necessary to examine their nature, properties and functionality.
- End of the revocation instruction-
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(4) The right of revocation does not apply to distance contracts.
(a) for the delivery of goods which were manufactured according to customer specifications or
which are clearly tailored to personal needs or which are not suitable for return due to their nature
or spoil quickly or whose expiration date would be exceeded,
(b) for the delivery of audio or video recordings or software, if you have unsealed the delivered
data carriers.
| Sample withdrawal form
(If you want to cancel the contract, please fill out this form and send it back.) - To Gehmann GmbH & Co KG, Karlstraße 40, telephone number +4972124545, fax number +4972129888, e-mail: info@gehmann.com: - I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following services (*) - Ordered on (*)/received on (*) - Name(s) of consumer(s) - Address of consumer(s) - Signature of consumer(s) (only for paper communication) - date (*) Delete as appropriate.
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§ 4 Delivery conditions and reservation of prepayment
(1) We shall be entitled to make partial deliveries insofar as this is reasonable for you.
(2) The delivery period shall be approximately five (5) working days, unless otherwise agreed. It
begins - subject to the regulation in para. 3 - with the conclusion of the contract.
(3) In the case of orders from customers with their place of residence or place of business abroad
or in the case of well-founded indications of a risk of non-payment, we reserve the right to only
deliver after receipt of the purchase price plus shipping costs (reservation of prepayment). If we
make use of the prepayment reservation, we will inform you immediately. In this case, the
delivery period begins with payment of the purchase price and the shipping costs
§ 5 Prices and shipping costs
(1) All prices quoted in our online shop are gross prices including statutory VAT and do not
include shipping costs.
(2) The shipping costs are stated in our prices in our online shop. The price including sales tax
and shipping costs is also displayed in the order form before you send the order.
(3) If we fulfil your order in accordance with § 4 paragraph 1 by partial deliveries, you will only
incur shipping costs for the first partial delivery. If the partial deliveries are made at your request,
we will charge shipping costs for each partial delivery.
(4) If you effectively revoke your contractual declaration in accordance with § 3, you may, under
the statutory conditions, demand reimbursement of costs already paid for shipment to you (costs
of sending) (cf. to other consequences of revocation § 3 paragraph 3).
§ 6 Terms of Payment and Offsetting and Right of Retention
(1) The purchase price and shipping costs shall be paid within two (2) weeks of receipt of our
invoice at the latest.
(2) You can pay the purchase price and shipping costs with PayPal PLUS
(3) You shall not be entitled to offset our claims unless your counterclaims have been legally
established or are undisputed. You are also entitled to offset against our claims if you make a
notice of defects or assert counterclaims from the same purchase contract.
(4) As a buyer you may only exercise a right of retention if your counterclaim arises from the
same purchase contract.
§ 7 Retention of title
The delivered goods remain our property until the purchase price has been paid in full.
§ 8 Warranty
(1) We shall be liable for material defects or defects of title of delivered articles in accordance with
the applicable statutory provisions, in particular §§ 434 et seq. of the German Civil Code (BGB).
BGB. The limitation period for legal claims for defects is two years and begins with the delivery of
the goods.
(2) Any seller's guarantees given by us for certain articles or manufacturer's guarantees granted
by the manufacturers of certain articles shall apply in addition to claims for material defects or
defects of title within the meaning of para. 1. Details of the scope of such guarantees shall be
derived from the guarantee conditions which may accompany the articles.
§ 9 Liability
(1) We shall be liable to you in all cases of contractual and non-contractual liability for intent and
gross negligence in accordance with the statutory provisions for damages or reimbursement of
futile expenses.
(2) In other cases we shall only be liable - unless otherwise stipulated in Para. 3 - in the event of
a breach of a contractual obligation, the fulfilment of which is essential for the proper performance
of the contract and on the observance of which you as the customer may regularly rely (so-called
cardinal obligation), limited to compensation for the foreseeable and typical damage. In all other
cases, our liability is excluded subject to the provision in para. 3.
(3) Our liability for damages arising from injury to life, limb or health and under the Product
Liability Act shall remain unaffected by the above limitations and exclusions of liability.
§ 10 Copyrights
We have copyright on all pictures, films and texts published in our online shop. A use of the
pictures, films and texts is not permitted without our express agreement.
§ 11 Applicable law and place of jurisdiction
(1) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention
on Contracts for the International Sale of Goods. If you have placed the order as a consumer and
at the time of your order have your habitual residence in another country, the application of
mandatory legal provisions of this country shall remain unaffected by the choice of law made in
sentence 1.
(2) If you are a merchant and have your registered office in Germany at the time of ordering, the
exclusive place of jurisdiction is the registered office of the seller, Karlsruhe. Otherwise, the
applicable statutory provisions shall apply to local and international jurisdiction.
(3) Settlement of disputes: The EU Commission has created an Internet platform for the online
settlement of disputes. The platform serves as a contact point for out-of-court settlement of
disputes regarding contractual obligations arising from online sales contracts. Further information
is available under the following link: http://ec.europa.eu/consumers/odr . We are neither willing
nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.