General Terms and Conditions (GTC)

General Terms & conditions from EDELRID GmbH & Co. KG, Achener Weg 66, 88316 Isny im Allgäu

General Terms and Conditions (GTC)

General Terms & conditions from EDELRID GmbH & Co. KG, Achener Weg 66, 88316 Isny im Allgäu

1

Scope

1.1. These Terms and Conditions (hereinafter: "General Terms and Conditions") regulate every sale of products of the EDELRID brand to the Customer (hereinafter: "Customer").

1.2 The Customer is a consumer, as long as the purpose of the deliveries and services ordered cannot be attributed to the consumer's commercial or independent professional activity. By contrast, an entrepreneur is any natural or legal person or unincorporated organization who is exercising their commercial or independent professional activity, when entering into the contract.

2

Conclusion of Contract

2.1. The presentation and promotion of articles in our online shop do not constitute a binding offer to conclude a purchase contract.

2.2. The Customer can select products and goods from the seller's assortment and collect them in the electronic shopping cart via the button "Add to cart". The Customer makes a binding offer to conclude a purchase contract by clicking "Order with payment obligation". The Customer's order constitutes an offer by the buyer to the seller to conclude a purchase contract.

2.3. The Customer is bound to their offer for a period of two weeks after placing the order. A right of revocation to which the Customer is entitled remains unaffected by this.

2.4. The seller shall confirm the order electronically without delay (order confirmation). The order confirmation does not constitute acceptance of the Customer's offer, nor does it constitute the submission of an offer by the seller. The automatic acknowledgment of receipt only documents that the seller has received the Customer's order. With it, the order of the Customer is specified as placed. A contract is only concluded if the seller confirms the order by means of a declaration of acceptance or—in the event that the seller does not make an explicit declaration of acceptance—if the ordered item is sent to the buyer by the seller.

3

Prices, Binding Offer, Sales Item Images, Availability

3.1. All prices include the statutory sales tax applicable at the time.

3.2. All offers, illustrations, and prices presented on our website are non-binding. If individual items of a buyer's order are not available, we reserve the right to carry out partial deliveries, provided that the execution of partial deliveries is deemed acceptable by the buyer. Shipping costs will be charged only once in the event of partial deliveries.

3.3. If the seller is unable to deliver the goods ordered by the buyer (e.g., the ordered goods are not available), the seller will not issue a declaration of acceptance and/or will not send the goods. The Customer will be informed immediately in such cases. Any compensation already received will be refunded by the seller without delay.

4

Payment and Payment Methods, Buyer's Default

4.1. The seller shall only accept the payment methods displayed to the buyer during the ordering process.

4.2. If paying by credit card, it will be charged once the order is submitted.

3. When paying via PayPal, the buyer must register at www.paypal.com. The terms of use of paypal.com shall apply.

4.4. A refund of payment will be made to the means of payment used by the buyer when placing the order.

4.5. The statutory default regulations apply. If the purchaser does not meet the payment obligation incumbent upon them, they shall be in default upon expiry of the payment deadline set without any further reminder and shall pay default interest of 10% per annum. The seller shall be entitled to charge a reminder fee of up to EUR 15.00 per reminder of payment as well as other fees, in particular the costs of any collection procedure.

5

Right of Withdrawal

5. Right of Withdrawal

5.1. If the buyer is a consumer, i.e., if the order is placed for a purpose that cannot be attributed to their commercial or independent professional activity, the buyer shall have the right to withdraw from this contract. The withdrawal period shall comprise 14 days from the day on which the buyer, or a third party designated by the buyer, other than the carrier, takes possession of the goods. In order to exercise this right, the buyer must provide the seller with a clear statement in writing (e.g., letter sent by post, fax, or email) indicating their decision to withdraw from this contract. The buyer may also use the sample withdrawal form provided at www.(...), the use of which is not mandatory, or complete and submit another clear statement on our website (www. (…)) electronically. To comply with the withdrawal period, it is sufficient for the buyer to send notice of exercising the right of withdrawal before expiry of the withdrawal period.

In the event that the withdrawal is made by using the withdrawal form, it should be sent to the following address: Edelrid GmbH & Co. KG, Achener Weg 66, 88316 Isny, Germany

Consequences of Cancellation If the buyer withdraws from the contract, the seller shall reimburse all payments received from the buyer, including the delivery costs (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event, no later than 14 days from the day on which the buyer is informed about the seller's decision to withdraw from the contract. For this repayment, the seller shall use the same means of payment that the buyer used for the original transaction unless expressly agreed otherwise with the buyer; under no circumstances will the buyer be charged for this repayment. The seller may refuse to pay the refund until the goods have been returned or until the buyer has provided evidence of their return, whichever comes first. The buyer shall immediately send back or hand over the goods to the seller, in any event no later than 14 days from the date on which they sent notice of their withdrawal from the contract. The deadline shall be considered met if the buyer sends back the goods before the period of 14 days has expired. The buyer shall only be liable for any potential reduction in value of the items if this reduction in value is due to their handling of the items, such as was not necessary for testing the quality, characteristics, and functioning of the same.

5.3 In addition to the statutory provision, the following applies: If the buyer makes use of their right of withdrawal, the return of the goods in question from a value of EUR 50.00 from DE and AT is free of charge for him. Otherwise, the buyer shall bear the direct costs of returning the goods.

 

– End of the Withdrawal Policy –

 

The buyer's right of withdrawal is excluded from orders that concern the purchase of products that have been made to measure or clearly personalized or that due to their type and nature, cannot be returned without the risk of rapid deterioration or change.

6

Retention of Title, Right of Retention, Offsetting

6.1. The delivered products and goods remain our property until payment is completed.

6.2. If the buyer is an entrepreneur, the seller shall retain ownership of the delivered products and goods until all outstanding claims from the business relationship with the buyer have been settled. The corresponding liens are transferable to third parties. If the buyer is an entrepreneur, they are entitled to resell the goods subject to retention of title in the regular course of business. The buyer shall assign all claims against third parties arising from this to the seller in advance for the amount of the respective invoice value (including sales tax). This assignment shall apply regardless of whether the goods subject to retention of title have been resold before or after being processed. The buyer shall remain authorized to collect the claims even after the assignment. The authority of the seller to collect the claims themselves remains unaffected. However, the seller shall refrain from the claims as long as the buyer fulfills their payment obligations to the seller, does not fall into arrears, and no application has been made to start insolvency proceedings.

6.3. The buyer has the right to compensation only if their counterclaims have been legally established or are undisputed by the seller.

7

Material Defects, Warranty

7.1. In legal transactions with consumers, the statutory warranty provisions shall apply, including but not limited to Section 434 et seq. of the German Civil Code (BGB).

7.2. The warranty period for the goods delivered by the seller to entrepreneurs is twelve months.

8

Liability

8.1. Customer claims for compensation are excluded. This excludes Customer claims for damages resulting from injury to life, limb, health or from the breach of essential obligations (cardinal obligations), as well as liability for other damages caused by an intentional or grossly negligent breach of duty by the seller, their legal representatives or agents. The limitations of liability shall not apply if the seller maliciously concealed the defect or assumed a guarantee for the item's quality. The same shall apply if the buyer and the Customer have reached an agreement on the nature of the item. The provisions of the German Product Liability Act (Produkthaftungsgesetz) remain unaffected.

8.2. In the event of a breach of contractual obligations, the seller shall be liable for the foreseeable damage typical for the contract if such damage is caused by simple negligence, unless the Customer's damage claims arise from injury to life, body or health.

8.3. In the case of legal transactions with co-entrepreneurs, our liability is subject to timely and complete self-delivery.

9

Settlement of Disputes

The EU Commission provides a platform for online dispute resolution at the following link: http://ec.europa.eu/consumers/odr

 

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchases or service contracts involving a consumer. The seller shall not be obliged and not be willing to participate in consumer dispute resolution proceedings according to the German Consumer Dispute Resolution Act (VSBG).

10

Final Provisions

10.1. 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. The statutory provisions on the restriction of the choice of law and the applicability of mandatory provisions, in particular the state in which the Customer has their standard place of residence as a consumer, shall remain unaffected.

10.2. If the buyer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the buyer and the buyer is the registered office of the seller. However, the seller shall also be entitled to take action against the merchant at the court responsible at their residence or place of business.

10.3. If any provisions of this contract are or become invalid, the remaining provisions shall remain unaffected.

 

The above text was originally written in German. Although we have provided an English translation for your convenience, only the German version is binding.