General Terms and Conditions of GutRad GmbH
1. Scope of Application
(1) These General Terms and Conditions (GTC) apply to all contracts concluded between GutRad GmbH, Kanzachmühle 5, 88276 Berg, Germany (hereinafter referred to as the “Seller”), and its customers via the Seller’s online shop.
(2) A “consumer” within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession.
(3) An “entrepreneur” within the meaning of these GTC is any natural or legal person or partnership with legal capacity acting in the exercise of their trade, business, or profession when concluding the contract.
(4) Any deviating terms and conditions of the customer shall not apply unless the Seller has expressly agreed to them in writing.
2. Conclusion of Contract
(1) The presentation of products in the online shop does not constitute a legally binding offer, but rather a non-binding invitation to place an order.
(2) By submitting the order via the button “Submit Order,” the customer makes a binding offer to conclude a purchase contract.
(3) The Seller shall confirm receipt of the order without undue delay by email (order confirmation of receipt). This confirmation does not yet constitute acceptance of the contractual offer.
(4) A purchase contract is only concluded when the Seller expressly accepts the customer’s offer by sending an order confirmation by email or by dispatching the goods ordered.
(5) The ordering process in the online shop consists of several steps. The customer first selects the desired goods, then enters their customer data including billing address and, if applicable, a different delivery address, selects the preferred payment method, and finally has the opportunity to review and correct all details before submitting the order.
3. Storage of Contract Text
(1) The Seller stores the text of the contract.
(2) Before submitting the order, the customer may print or electronically save the order details.
(3) After receipt of the order, the Seller shall send the customer the order details together with these GTC by email, insofar as technically possible.
4. Prices and Shipping Costs
(1) All prices stated in the online shop are final prices in euros and include statutory VAT where applicable.
(2) In addition to the stated prices, shipping costs may apply. The applicable shipping costs are displayed separately during the ordering process.
(3) If a minimum order value applies in the online shop, this shall be clearly indicated to the customer before completion of the order process.
(4) The prices valid at the time of the order shall apply.
5. Payment Terms
(1) The payment methods available to the customer are displayed during the ordering process. The Seller reserves the right to exclude certain payment methods in individual cases.
(2) If payment in advance has been agreed, the invoice amount is due without deduction within 3 days after receipt of the order confirmation, unless a different payment deadline has been agreed.
(3) The customer may only set off claims if their counterclaims have been legally established, are undisputed, or have been acknowledged by the Seller.
(4) The customer may only exercise a right of retention insofar as it is based on the same contractual relationship.
6. Delivery Terms
(1) Delivery shall be made to the delivery address specified by the customer.
(2) Delivery times are based on the information provided in the online shop. Unless otherwise stated, in the case of advance payment, the delivery period begins on the day after the payment order is issued to the transferring bank; for other payment methods, it begins on the day after the contract is concluded.
(3) If an ordered product is temporarily unavailable, the customer shall be informed without undue delay. Any payments already made shall be refunded without undue delay.
(4) Partial deliveries are permitted insofar as they are reasonable for the customer.
7. Retention of Title
The delivered goods remain the property of the Seller until full payment of the purchase price has been received.
8. Right of Withdrawal and Return Costs
(1) Consumers generally have a statutory right of withdrawal for distance selling contracts. Details are set out in the Seller’s separate cancellation policy.
(2) If the customer effectively exercises their statutory right of withdrawal, the customer shall bear the direct costs of returning the goods, provided that the Seller has duly informed the customer of this and no other agreement has been made.
(3) The provisions of this section apply only to consumers. Entrepreneurs do not have a statutory right of withdrawal unless expressly granted.
9. Warranty / Liability for Defects
(1) The statutory provisions on liability for defects shall apply.
(2) For consumers, the statutory warranty rights apply to new goods.
(3) In the case of used goods, the limitation period for defect claims may be reduced to one year from delivery vis-à-vis consumers, provided this is expressly agreed and legally permissible.
(4) For entrepreneurs, the limitation period for defect claims for new goods is one year from the transfer of risk; for used goods, liability for defects is excluded to the extent permitted by law.
(5) Claims for damages due to injury to life, body, or health, as well as claims arising from intentional or grossly negligent breaches of duty or under the German Product Liability Act, remain unaffected by the above limitations.
(6) Any manufacturer warranties remain unaffected. If additional warranty conditions apply to specific products, these shall be communicated separately.
Note regarding batteries and wear parts:
Rechargeable batteries and other wear parts are subject to technically unavoidable, use-dependent wear. Statutory defect rights remain unaffected. A reduction in capacity due to normal use does not in itself automatically constitute a defect.
10. Packaging and Disposal
(1) The Seller complies with its obligations under the applicable packaging laws, in particular the German Packaging Act (Verpackungsgesetz).
(2) Where legally required, the Seller participates in a system for the proper take-back and recycling of packaging.
(3) Customers are requested to dispose of packaging materials in accordance with local disposal regulations.
11. Liability
(1) The Seller shall have unlimited liability in cases of intent, gross negligence, and culpable injury to life, body, or health.
(2) In the event of a slightly negligent breach of essential contractual obligations (cardinal obligations), the Seller’s liability shall be limited to the foreseeable damage typical for the contract.
(3) In all other respects, the Seller’s liability is excluded to the extent permitted by law.
(4) Liability under the German Product Liability Act remains unaffected.
12. Data Protection
(1) The Seller processes the customer’s personal data exclusively in accordance with the applicable data protection laws, in particular the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG).
(2) Personal data is collected, processed, and used only insofar as this is necessary for the initiation, conclusion, performance, and processing of the contractual relationship, or if the customer has expressly consented.
(3) Personal data is only passed on to third parties where this is necessary for contract performance, for example to shipping or payment service providers, or where there is a legal obligation to do so.
(4) Further information on the processing of personal data, storage periods, legal bases, and the customer’s rights (in particular the right of access, rectification, erasure, restriction of processing, data portability, objection, and the right to lodge a complaint with a supervisory authority) can be found in the Seller’s separate privacy policy.
(5) Contact for data protection matters:
GutRad GmbH
Kanzachmühle 5
88276 Berg
Germany
13. Links to External Websites
Where the Seller refers or links to third-party websites, the Seller assumes no liability for their content, accuracy, timeliness, or data security. The operators of the linked websites are solely responsible for their content.
14. Applicable Law
(1) The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) In relation to consumers, this choice of law applies only insofar as it does not deprive the consumer of the protection afforded by mandatory.
Terms & Conditions of GutRad GmbH
1. Conclusion of the contract
With your order you make a binding offer to us to conclude a contract with you. We can accept this offer by sending you an order confirmation by e-mail or by delivering the ordered goods. First you will receive a confirmation of receipt of your order by e-mail to the e-mail address you provided (order confirmation). However, a purchase contract is only concluded when our order confirmation is sent to you by e-mail or when the ordered goods are delivered.
When ordering via our online shop, the ordering process comprises a total of several steps. In the first step, select the desired goods. In the second step you enter your customer data including billing address and, if applicable, different delivery address. In the third step, you choose how you want to pay. In the last step, you have the option to enter all information (e. g. name, address, method of payment, ordered items) to re-check and, if necessary, to correct before you send your order to us by clicking on ’Submit Order'.
2. Storage of the text of the contract
We store the contract text of your order. You can print it out before sending your order to us by clicking on “Print” in the last step of the order. We will also send you an order confirmation with all order data and our General Terms and Conditions to the e-mail address you provided.
3. Reservation of title
The delivered goods remain our property until full payment of all claims.
4. Prices, shipping costs, return costs in case of revocation
All prices are final prices, they include the statutory VAT. The minimum order value is 20,- Euro. You will find our shipping cost information under the terms of delivery or are listed seperately. If no delivery costs can be stated, you are hereby informed that they may be incurred. Prices and billing modalities are to be found in the price and service list. All prices are final prices. Packing and shipping costs are dditional and are calculated separately and indicated in the offer or in the shipping cost table. When concluding contracts via the online shop, the seller offers the payment options prepayment by bank transfer, GiroPay, Sofortüberweisung and PayPal. If prepayment is agreed, payment is due within 3 days after conclusion of the contract. The customer is only entitled to offset if the counterclaim is undisputed, legally established or acknowledged by the seller. The customer may only exercise a right of retention to the extent that it concerns receivables from the same contractual relationship. Since 13. 06. 2014 the customer bears the return shipping costs, regardless of the value of the goods. You can find out more about this in our cancellation policy.
5. Delivery conditions
The duration of the delivery is the delivery times indicated in the offer, these start with receipt of payment. In the case of delivery on invoice or payment by direct debit, the delivery times start with acceptance of the contract by the company.
6. Payment terms
Payment can be made either in advance by bank transfer, by invoice, by direct debit or by cash on delivery. We reserve the right to exclude individual payment methods. If you choose payment in advance, we will give you the bank details inthe order confirmation. The invoice amount is to be transferred to our account within 3 days.
7. Guarantee
The warranty is in accordance with the statutory provisions. Insofar as used goods are the subject of the sales contract and the purchaser is not a consumer, the warranty is excluded. If the customer is a consumer, the warranty period for the purchase of second-hand items is one year. Rechargeable batteries are consumer goods that are subject to severe wear and tear because they are permanently charged and discharged. The service life of these batteries is limited even in ordinary use and is below the statutory warranty period. Warranty claims for rechargeable batteries, in particular with regard to performance, are therefore excluded in principle after 6 months.
8. Packaging
We only use packaging that is registered in accordance with the German Packaging Ordinance (VerpackV). For us, this means mainly RESY-certified cardboard and paper packaging. RESY guarantees the complete disposal and material recycling of all transport and outer packaging made of paper and cardboard marked with the RESY symbol. The application of the RESY symbol fulfils the requirements of the Packaging Ordinance for transport packaging.
9. Data protection
When initiating, concluding, executing and re-processing a sales contract, we collect, store and process data within the scope of the statutory provisions. When you visit our website, the IP address currently used by your PC, date and time, the browser type and operating system of your PC as well as the pages you view are logged. However, it is neither possible nor intended for us to draw conclusions about personal data.
The personal data that you provide to us, e. g. when placing an order or by e-mail (e. g. your name and contact details), will only be processed for correspondence with you and only for the purpose for which you provided us with the data. We only pass on your data to the shipping company commissioned with the delivery, insofar as this is necessary for the delivery of the goods. In order to process payments, we pass on your payment data to the credit institution commissioned with the payment. We assure you that we will not pass on your personal data to third parties unless we are legally obliged to do so or you have given your express prior consent. Insofar as we use the services of third parties for the implementation and handling of processing procedures, the provisions of the Federal Data Protection Act shall be complied with.
Duration of storage
Personal data communicated to us via our website will only be stored until the purpose for which they were entrusted to us has been fulfilled. Insofar as commercial and tax law retention periods are to be observed, the storage period of certain data may be up to 10 years.
Your rights
If you no longer agree to the storage of your personal data or if this data has become incorrect, we will arrange for the deletion, correction or blocking of your data on the basis of a corresponding instruction within the framework of the legal provisions. Upon request, you will receive information free of charge about all personal data that we have stored about you. If you have any questions about the collection, processing or use of your personal data, for information, correction, blocking or deletion of data, please contact:
GutRad GmbH
Produktions- und Handelsgesellschaft
Kanzachmühle 5
88276 Berg
Links to other Internet pages
Insofar as we refer or link from our Internet offer to the websites of third parties, we cannot assume any guarantee or liability for the correctness or accuracy of the information provided. Completeness of the contents and the data security of these websites. Since we have no influence on the compliance with data protection regulations by third parties, you should check the respective data protection declarations offered separately.
10. Applicable law
German law shall apply exclusively. In relation to a consumer, this choice of law shall only apply to the extent that it does not restrict any mandatory statutory provisions of the state in which the consumer is domiciled or habitually resident.