General Terms and Conditions

For terms and conditions for business bulk customers, please click here!

Contract terms within the framework of purchase agreements
between

Göttler GmbH
Schloßstr. 13,
86745 Hohenaltheim,
VAT ID No.: DE 362 453 679

- hereinafter referred to as "Provider" -

and

the customers designated in § 2 of the contract

- hereinafter referred to as "Customer" -

 

Scope, Definitions

1. For the business relationship between the webshop provider (hereinafter "Provider") and the customer (hereinafter "Customer"), only the following General Terms and Conditions in their version valid at the time of the order shall apply. Changes and additions must be in writing. Deviating conditions of the orderer are not recognized, unless the Provider expressly agrees to their validity in writing.
   
   
2. The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be predominantly attributed to his commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of his commercial or independent professional activity.

 

Conclusion of Contract

1. The customer can select products from the Provider's range and collect them in a shopping cart by clicking the "add to cart" button. By clicking the "order with obligation to pay" button, he submits a binding offer to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time. However, the offer can only be submitted and transmitted if the customer accepts these contract terms by clicking the "accept GTC" button and thereby includes them in his offer.
   
   
2. The Provider will then send the customer an automatic confirmation of receipt by e-mail, in which the customer's order is listed again and which the customer can print out using the "Print" function. The automatic confirmation of receipt merely documents that the customer's order has been received by the Provider and does not constitute acceptance of the offer. The contract is only concluded by the Provider's declaration of acceptance, which is sent with a separate e-mail (order confirmation). In this e-mail or in a separate e-mail, but at the latest upon delivery of the goods, the contract text (consisting of the order, GTC and order confirmation) will be sent to the customer by us on a durable medium (e-mail or paper printout) (contract confirmation). The contract text will be stored in compliance with data protection regulations.
3. The contract is concluded in German.

 

Delivery, Product Availability, Force Majeure

1. Delivery times stated by us are calculated from the time of our order confirmation, provided that the purchase price has been paid in advance (except for purchase on account). If no or no different delivery time is specified for the respective goods in our online shop, it is 5 to 7 working days within the Federal Republic of Germany.
   
   
2. If, at the time of the customer's order, no copies of the selected product are available, the Provider shall inform the customer of this immediately in the order confirmation. Products may generally differ in color and slightly in shape. If the product is permanently unavailable, the Provider refrains from a declaration of acceptance. In this case, a contract is not concluded.
   
   
3. If the product designated by the customer in the order is only temporarily unavailable, the Provider shall also inform the customer of this immediately in the order confirmation. In the event of a delivery delay of more than two weeks, the customer has the right to withdraw from the contract. The customer's statutory right of withdrawal (see § 9 of these contract terms) remains unaffected. Otherwise, in this case, the Provider is also entitled to withdraw from the contract. Any payments already made by the customer will be reimbursed by the Provider immediately.
   
   
4. The Provider does not assume any procurement risk, unless this is expressly agreed. If events of force majeure occur, the Provider will inform the customer in good time. In this case, the Provider is entitled to postpone the delivery for the duration of the hindrance or to withdraw from the contract in whole or in part for the unfulfilled part, provided that the Provider has complied with its aforementioned duty to inform and has not assumed the procurement risk. Force majeure includes, for example, strikes, lockouts, official interventions, energy and raw material shortages, unforeseen transport bottlenecks, unforeseen operational disruptions, for example due to water, fire and machine damage, and all other hindrances that, from an objective point of view, were not culpably caused by the Provider.

 

Retention of Title

The delivered goods remain the property of the Provider until full payment has been received.

 

Prices and Shipping Costs

1. All prices stated on the Provider's website include the applicable statutory value-added tax.
   
   
2. The corresponding shipping costs will be indicated to the customer in the order form and are to be borne by the customer, unless the customer exercises his right of withdrawal.
   
   
3. The goods are shipped by postal service. The shipping risk is borne by the Provider if the customer is a consumer.
   
   
4. In the event of a withdrawal, the customer shall bear the direct costs of returning the goods.

 

Payment Methods

1. The customer can make payment by prepayment and PayPal.
   
   
2. The customer can change the payment method stored in his user account at any time.
   
   
3. The payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined by the calendar, the customer is already in default by missing the deadline. In this case, he has to pay the provider default interest at a rate of 5 percentage points above the base rate.
   
   
4. The customer's obligation to pay default interest does not exclude the assertion of further default damages by the provider.
   
   
5. The invoice will be sent automatically by email and, for environmental reasons, will no longer be printed and included with the delivery. If you have not received an email with the attached invoice in PDF format, please check your spam folder. If you cannot find it there either, please write to us at service@fensterwischer.info

 

Warranty for Material Defects, Guarantee

1. The Provider shall be liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB (German Civil Code). For entrepreneurs, the warranty period for goods supplied by the Provider is 12 months.
   
   
2. An additional guarantee for goods supplied by the Provider only exists if this has been expressly stated in the order confirmation for the respective item.

 

Liability

1. Claims for damages by the customer are excluded. Excluded from this are claims for damages by the customer arising from injury to life, body, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
   
   
2. In the event of a breach of essential contractual obligations, the Provider shall only be liable for the contractually typical, foreseeable damage if this was caused by simple negligence, unless it concerns claims for damages by the customer arising from injury to life, body or health.
   
   
3. The limitations of paragraphs 1 and 2 also apply in favor of the legal representatives and vicarious agents of the Provider if claims are asserted directly against them.
   
   
4. The provisions of the Product Liability Act remain unaffected.

 

Cancellation Policy

Consumers generally have a statutory right of withdrawal when concluding a distance contract, which the provider informs about below in accordance with the statutory model. The exceptions to the right of withdrawal are also regulated below. In paragraph (C) you will find a sample cancellation form.

1. Cancellation Policy & Right of Withdrawal

   1. You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods.
      
      
   2. To exercise your right of withdrawal, you must inform us, the Provider, by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached sample withdrawal form, which is not mandatory. You can also fill out and submit the sample withdrawal form or another clear statement electronically on our website www.fensterwischer.info. If you make use of this option, we will immediately send you a confirmation of receipt of such a withdrawal (e.g. by e-mail).
      
      
   3. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
      
      

2. Consequences of Withdrawal

   1. If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (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 not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in no event will you incur any fees as a result of such reimbursement.
      
      
   2. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back or hand over the goods to us without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired.
      
      
   3. You will bear the direct cost of returning the goods.
      
      
   4. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
      
      
   5. The Provider informs about the sample withdrawal form according to the legal regulation as follows:
      
      

3. Sample Cancellation Form

   (Click here)

 

Copyrights

The Provider or its partners hold copyrights to all images, films, and texts published in its webshop. Any use of the images, films, and texts is not permitted without its express consent.

 

Data Protection Notice

The Provider collects, processes, and uses the customer's personal data, in particular his contact details for processing his order and for communication regarding his order, including his address, email address, or telephone number, if he has provided them to the Provider. For more detailed information, please click on Data Protection Declaration below

 

Final Provisions

1. Contracts between the Provider and the Customer shall be governed by the laws of the Federal Republic of Germany, excluding 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 of the state in which the customer has his habitual residence as a consumer, remain unaffected.
   
   
2. If the customer 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 customer and the provider is the registered office of the provider.
   
   
3. Even if individual points are legally invalid, the contract remains binding in its remaining parts. The statutory provisions shall replace the invalid points, where applicable. However, if this would constitute an unreasonable hardship for one party, the contract shall become invalid in its entirety.

 

 

General Terms and Conditions / Web-Shop GTC of Göttler GmbH, Hohenaltheim

As of: 01.10.2023