General terms and conditions of business

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Contractual terms and conditions within the framework of purchase contracts
between

Göttler GmbH
Schlossstrasse 13,
86745 Hohenaltheim,
VAT identification number: DE 362 453 679

- hereinafter referred to as “Provider” -

and

the customer referred to in Section 2 of the contract

- hereinafter referred to as “Customer” -

Scope, definitions

1. The following General Terms and Conditions, in the version valid at the time of the order, apply exclusively to the business relationship between the web shop provider (hereinafter "Provider") and the customer (hereinafter "Customer"). Amendments and additions must be made in writing. Deviating terms and conditions of the customer are not recognized unless the Provider expressly agrees to their validity in writing.
   
   
2. The customer is a consumer if the purpose of the ordered deliveries and services cannot be predominantly attributed to his or her 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 or her commercial or independent professional activity.

Conclusion of contract

1. The customer can select products from the provider's range and collect them in a so-called shopping cart by clicking the "Add to cart" button. By clicking the "Order with payment" button, the customer submits a binding request 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 order can only be submitted and transmitted if the customer accepts these terms and conditions by clicking the "Accept Terms and Conditions" button, thereby incorporating them into their order.
   
   
2. The provider will then send the customer an automatic confirmation of receipt via email, which lists the customer's order 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 application. The contract is only concluded when the provider submits the declaration of acceptance, which is sent with a separate email (order confirmation). In this email or in a separate email, but no later than upon delivery of the goods, the contract text (consisting of the order, General Terms and Conditions, and order confirmation) will be sent to the customer by us on a permanent data medium (email 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, availability of goods, force majeure

1. Delivery times stated by us are calculated from the date of our order confirmation, subject to prior payment of the purchase price (except for purchases on account). Unless otherwise specified for the respective goods in our online shop, the delivery time is 5 to 7 working days within the Federal Republic of Germany.
   
   
2. If no copies of the selected product are available at the time the customer places their order, the provider will notify the customer of this immediately in the order confirmation. Products may vary slightly in color and shape. If the product is permanently unavailable, the provider will refrain from accepting the order. In this case, a contract will not be concluded.
   
   
3. If the product specified by the customer in the order is only temporarily unavailable, the provider will 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 Section 9 of these Terms and Conditions) is not affected by this. Furthermore, in this case, the provider is also entitled to withdraw from the contract. In doing so, the provider will promptly refund any payments already made by the customer.
   
   
4. The provider assumes no procurement risk unless expressly agreed. If events of force majeure occur, the provider will inform the customer in a timely manner. In this case, the provider is entitled to postpone delivery for the duration of the disruption or to withdraw from the contract in whole or in part due to the part not yet fulfilled, provided that the provider has fulfilled its aforementioned obligation to provide information and has not assumed the procurement risk. Force majeure includes, for example, strikes, lockouts, official interventions, energy and raw material shortages, transport bottlenecks for which the provider is not responsible, operational disruptions for which the provider is not responsible, for example due to water, fire, or machine damage, and all other disruptions that, from an objective perspective, were not culpably caused by the provider.

Retention of title

The delivered goods remain the property of the provider until full payment has been made.

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 stated to the customer in the order form and are to be borne by the customer unless the customer exercises their right of withdrawal. For orders valued at EUR 50.00 or more, the provider delivers free of charge.
   
   
3. The goods will be shipped by mail. The shipping risk is borne by the provider if the customer is a consumer.
   
   
4. In the event of a cancellation, the customer shall bear the direct costs of the return shipment.

Payment terms

1. The customer can make payment in advance and via PayPal.
   
   
2. The customer can change the payment method stored in his user account at any time.
   
   
3. Payment of the purchase price is due immediately upon conclusion of the contract. If the payment is due according to the calendar, the customer will be in default simply by missing the due date. In this case, the customer must pay the provider default interest at a rate of 5 percentage points above the base interest rate.
   
   
4. The customer’s obligation to pay default interest does not exclude the provider from claiming further damages caused by default.
   
   
5. The invoice will be sent automatically via email and, for environmental reasons, will no longer be sent in printed form. 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, please write to us at service@fensterwischer.info

Warranty for material defects, guarantee

1. The provider is liable for material defects in accordance with the applicable statutory provisions, in particular Sections 434 et seq. of the German Civil Code (BGB). For businesses, the warranty period for goods delivered by the provider is 12 months.
   
   
2. An additional guarantee for the goods delivered by the provider only exists if this was expressly stated in the order confirmation for the respective article.

Liability

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

Cancellation policy

When concluding a distance selling contract, consumers generally have a statutory right of withdrawal, which the provider informs them of below in accordance with the statutory model. Exceptions to the right of withdrawal are also regulated below. A sample withdrawal form can be found in Section (C).

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 shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the goods.
      
      
   2. To exercise your right of withdrawal, you must notify us, the provider, of your decision to withdraw from this contract by means of an unambiguous declaration (e.g., a letter sent by post, fax, or email). You may use the attached model withdrawal form for this purpose, although this is not mandatory. You can also electronically complete and submit the model withdrawal form or another unambiguous declaration via our website www.fensterwischer.info. If you make use of this option, we will immediately send you confirmation of receipt of such a withdrawal (e.g., by email).
      
      
   3. To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.
      
      

2. Consequences of revocation

   1. If you cancel this contract, we will refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this refund.
      
      
   2. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier. You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us that you have cancelled this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period.
      
      
   3. You shall bear the direct costs of returning the goods.
      
      
   4. You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.
      
      
   5. The provider informs about the model withdrawal form in accordance with the statutory provisions as follows:
      
      

3. Sample cancellation form

   ( Click here )

Copyrights

The provider or its partners hold the copyright to all images, films, and texts published in its webshop. Use of these images, films, and texts is not permitted without its express consent.

Privacy 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, click below. Privacy Policy

Final provisions

1. Contracts between the provider and the customer are 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 restricting the choice of law and the applicability of mandatory provisions, particularly those of the state in which the customer, as a consumer, has his or her habitual residence, 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 provisions are legally invalid, the remaining parts of the contract remain binding. The invalid provisions, where applicable, shall be replaced by the statutory provisions. However, if this would represent an unreasonable hardship for one of the contracting parties, the contract shall be invalid in its entirety.

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

As of: October 1, 2023