Términos del servicio
General Terms and Conditions
1 Scope of application
1.1 The following terms and conditions apply to contracts that you conclude with us as the supplier (Golander GmbH) via the www.golander.de website. Unless otherwise agreed, we object to the inclusion of any terms and conditions of your own that you may use.
1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his independent professional or commercial activity.
2 Conclusion of contract and storage of the contract text
2.1 The presentation and description of the goods on the website of www.golander.de does not constitute a contract offer.
2.2 By ordering goods by clicking on the "buy" button at the end of the ordering process, a consumer makes a binding offer to conclude a purchase contract. The contract is not concluded until the User sends an order confirmation by e-mail.
2.3 The text of the contract is stored for orders. Consumers receive an e-mail with the order data and the applicable GTC. After the conclusion of the contract, the order data can no longer be viewed online.
3 Prices
3.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices which include the statutory value-added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.
3.2 In the case of deliveries to countries outside the European Union, further costs may be incurred in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of money if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4 Terms of payment
4.1 The statutory value-added tax is included in the prices shown. Shipping costs are not included in the displayed price and maybe additional.
4.2 The following payment options are available to consumers:
- Credit card (VISA, Mastercard, Mastro, American Express)
- Paypal
- Apple Pay
- Google Pay
- Payment on invoice (upon request)
5 Offsetting; Right of Retention
5.1 You shall only have a right of set-off if your counterclaim has been legally established, is not disputed or acknowledged by us or is in a close synallagmatic relationship with our claim.
5.2 You may only exercise a right of retention if your counterclaim is based on the same contractual relationship.
6 Delivery
6.1 Unless otherwise agreed, the goods shall be delivered from our warehouse to the address specified by you.
6.2 The goods will be delivered either from Germany or in certain cases directly from our factory in China. If it is from the factory, we need 2 to 4 days lead time for production. We work with the best logistics companies such as DHL, FedEx or UPS International Express and aim to stock the goods and realise a delivery time of 5-10 working days.
6.3 Force majeure (which includes strikes as well as other events that are considered force majeure according to international practice) that result in our inability to deliver through no fault of our own (including faulty or untimely self-delivery) will result in an extension of the relevant delivery time for as long as such circumstance persists. If delivery becomes unreasonable due to these circumstances, we shall be released from our delivery obligation.
7 Transfer of risk in case of shipment
If the goods are shipped to the customer at the customer's request, the risk of accidental loss or accidental deterioration of the goods shall pass to the customer upon dispatch to the customer, at the latest upon leaving the factory/warehouse. This applies irrespective of whether the goods are dispatched from the place of performance or who bears the freight costs.
8 Retention of title
8.1 We retain title to the delivered goods until full payment of all claims arising from the delivery contract. This also applies to all future deliveries, even if we do not always expressly refer to this. We shall be entitled to demand the return of the object of sale if the customer acts in breach of contract.
8.2 The customer is obliged to treat the object of sale with care as long as ownership has not yet passed to him. If maintenance and inspection work has to be carried out, the customer shall carry this out in good time at his own expense. As long as ownership has not yet been transferred, the customer must inform us immediately in writing if the delivered item is seized or exposed to other interventions by third parties. Insofar as the third party is not in a position to reimburse us for the court and out-of-court costs of an action in accordance with section 771 of the German Code of Civil Procedure (ZPO), the customer shall be liable for the loss incurred by us.
9 Warranty and notice of defects as well as recourse/manufacturer recourse
9.1 The purchaser's warranty rights presuppose that he has duly fulfilled his obligations to inspect the goods and give notice of defects in accordance with section 377 of the German Commercial Code (HGB).
9.2 Claims for defects shall become statute-barred 12 months after delivery of the goods supplied by us to our customer. The statutory limitation period shall apply to claims for damages in the event of intent and gross negligence as well as in the event of injury to life, body and health which are based on an intentional or negligent breach of duty by the user. Our consent must be obtained before any goods are returned.
9.3 If, despite all due care and attention, the delivered goods show a defect which was already present at the time of the transfer of risk, we shall, at our discretion, either repair the goods or deliver replacement goods, subject to timely notification of defects. We shall always be given the opportunity to remedy the defect within a reasonable period of time. Claims under a right of recourse shall remain unaffected by the above provision without restriction.
9.4 If the subsequent performance fails, the customer may - without prejudice to any claims for damages - withdraw from the contract or reduce the remuneration.
9.5 Claims for defects shall not exist in the case of only insignificant deviations from the agreed quality, in the case of only insignificant impairment of usability, in the case of natural wear and tear as well as in the case of damage arising after the transfer of risk as a result of incorrect or negligent handling, excessive strain, unsuitable operating materials, defective construction work, unsuitable building ground or due to special external influences which are not assumed under the contract. If the purchaser or third parties carry out improper repair work or modifications, there shall also be no claims for defects for these and the resulting consequences.
9.6 Claims by the customer for expenses incurred for the purpose of subsequent performance, in particular transport, travel, labour and material costs, including any dismantling and installation costs, shall be excluded insofar as the expenses increase because the goods delivered by us have subsequently been taken to a location other than the customer's branch office, unless the transfer is in accordance with their intended use.
9.7 The customer shall only have a right of recourse against us to the extent that the customer has not entered into any agreements with its customer that go beyond the statutory mandatory claims for defects. Furthermore, paragraph 6 shall apply accordingly to the scope of the purchaser's right of recourse against the supplier.
10 Miscellaneous
10.1 This contract and the entire legal relationship between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
10.2 The place of performance and exclusive place of jurisdiction and for all disputes arising from this contract is our registered office, unless otherwise stated in the order confirmation.
10.3 All agreements made between the parties for the purpose of executing this contract are set out in writing in this contract.
Status: 23 September 2021
