Terms of service
General Terms and Conditions of Business
Scope of application
These General Terms and Conditions apply to the sale of goods by
Gökden Gökboga, Thelottstraße 14, 80933 Munich (hereinafter referred to as "we" or "us") to the customer (hereinafter referred to as "customer" or "you" or "you") in our online shop.
Any terms and conditions of the customer that deviate from and/or go beyond these General Terms and Conditions shall not become part of the contract.
Distinction between entrepreneurs and consumers
Some provisions of these General Terms and Conditions do not apply to all customers, but only to consumers or only to entrepreneurs. Where this is the case, it is specifically indicated at the relevant point in these GTC.
In accordance with the legal definition in Section 13 of the German Civil Code, a "consumer" within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity.
In accordance with the legal definition in Section 14 of the German Civil Code, an "entrepreneur" within the meaning of these GTC is any natural or legal person or partnership with legal capacity who enters into a business relationship with us in the exercise of their commercial or independent professional activity.
Customer account
For more convenient use of the online shop, you have the option of opening a customer account. You are obliged to treat your access data, such as your password, confidentially and to inform us immediately in the event of loss or unauthorised use of your access data.
Conclusion of contract, contract language
Only when you place an order for goods and/or services is a binding offer to conclude a corresponding contract. To place the order, place the selected goods in the shopping basket, go through the rest of the ordering process on the website and enter the information requested there. Before sending the order, you have the opportunity to check all the order details again and correct them if necessary. Only when you send your order do you submit a binding offer to us to conclude a contract.
We can accept your offer within two days by:
Sending an order confirmation by post, fax or e-mail,
sending the goods or
request for payment
The time of receipt of our order confirmation, goods or request for payment by you is decisive for compliance with the deadline.
The contract language is German.
Storage of the contractual provisions
We store the contractual provisions, i.e. the order data and these GTC. You can print or save the contractual provisions by using the usual functions of your browser (usually "Print" or "File" > "Save as"). The order data is contained in the order overview, which is displayed in the last step of the order. The contractual provisions, including the General Terms and Conditions, are also contained in the order confirmation e-mail that we send you if your order is accepted.
Delivery problems
If an ordered item cannot be delivered because we are not supplied by our supplier through no fault of our own despite the supplier's contractual obligation, we are entitled to withdraw from the contract. In this case, we will inform the customer immediately that the ordered goods are no longer available and reimburse any services already rendered without delay.
Payment
If advance payment has been agreed, payment is due immediately after conclusion of the contract.
Retention of title
The following applies to consumers:
The product delivered by us remains our property until full payment has been made (reserved goods).
The following applies to entrepreneurs:
We reserve title to the reserved goods until receipt of all payments arising from the business relationship with the customer. We undertake to release our securities at the customer's request to the extent that the value of our securities exceeds the claims to be secured by more than 20%; we shall select the securities to be released.
The customer is entitled to resell the reserved goods to a third party in the ordinary course of business; however, he hereby assigns to us all claims arising from the resale.
Claims for defects (warranty)
The following applies to consumers:
The statutory warranty provisions shall apply to our warranty obligations.
The following applies to entrepreneurs:
If the customer acts as a merchant within the meaning of § 1 of the German Commercial Code, he must inspect the goods immediately upon receipt. Recognisable defects must be reported to us in writing immediately upon receipt of the goods or - if the defect only becomes apparent later - immediately upon discovery. Timely despatch of the notification is sufficient to preserve the customer's rights. If this is not done, the goods shall be deemed to have been approved. This shall not apply if we have fraudulently concealed the defect.
If there is a defect in the purchased item, we shall initially provide warranty by subsequent fulfilment, at our discretion either in the form of rectification of the defect or a replacement delivery. If the subsequent fulfilment fails, the customer is entitled to reduce the consideration or - in the case of significant defects - to withdraw from the contract.
Claims of the purchaser due to material defects shall become time-barred one year after delivery of the object of purchase to the customer. Excluded from this are claims for damages by the buyer which are directed towards compensation for physical injury or damage to health due to a defect for which we are responsible or which are attributable to gross negligence on our part or on the part of our vicarious agents; the statutory limitation period shall apply to these claims.
If the goods are a building or an item that has been used for a building in accordance with its normal use and has caused its defectiveness, the limitation period shall be 5 years from delivery in accordance with the statutory provisions.
Exclusions and limitations of liability
The following applies to our liability for damages:
In the event of intent and gross negligence, including on the part of our vicarious agents, we shall be liable in accordance with the statutory provisions. The same applies to negligently caused damage resulting from injury to life, limb or health.
In the event of damage to property and financial loss caused by negligence, we shall only be liable in the event of a breach of a material contractual obligation, but the amount shall be limited to the damage foreseeable and typical of the contract at the time of conclusion of the contract; material contractual obligations are those whose fulfilment is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely.
Any further liability on our part is excluded, regardless of its legal basis.
The exclusions and limitations of liability in paragraphs (1) to (3) above shall also apply mutatis mutandis in favour of our vicarious agents.
Liability due to the assumption of a guarantee or under the Product Liability Act shall remain unaffected by the exclusions and limitations of liability in the above paragraphs (1) to (4).
Choice of law, place of jurisdiction
The law of the Federal Republic of Germany shall apply. The UN Convention on Contracts for the International Sale of Goods is excluded. This choice of law shall only apply to a consumer insofar as it does not restrict any mandatory statutory provisions of the country in which the consumer is domiciled or habitually resident.
The place of jurisdiction in dealings with merchants, legal entities under public law or special funds under public law is the registered office of our company. However, we are entitled, at our discretion, to take legal action at the customer's place of business.