Terms of conditions
§ 1 General, scope
(1)
The following General Terms and Conditions (GTC) regulate the
contractual relationship between Golimax GmbH, Golisi D-A-CH area
(hereinafter referred to as "Golisi D-A-CH") and the consumers and
entrepreneurs who use the Golisi D-A-CH internet offering ( hereinafter
referred to as "Buyer"). The General Terms and Conditions concern the
use of the website www.golisi.de and all subdomains belonging to this
domain as well as all other Golisi D-A-CH websites. The version valid at
the time the contract is concluded is relevant.
(2)
Consumers within the meaning of these terms and conditions are natural
persons who enter into a business relationship with Golisi D-A-CH
without this being attributed to their commercial or independent
professional activity. Entrepreneurs within the meaning of these terms
and conditions are natural and legal persons or partnerships with legal
capacity who enter into a business relationship with Golisi D-A-CH in
the exercise of their commercial or independent professional activity.
§ 2 Conclusion of contract
(1)
The offers from Golisi D-A-CH on the Internet represent a non-binding
invitation to the buyer to order goods from Golisi D-A-CH.
(2)
By ordering the desired purchase item online, the buyer makes a binding offer to conclude a purchase contract.
(3)
Golisi D-A-CH is entitled to accept this offer within 1 day by sending
an order confirmation. The order confirmation is sent by email. If the
deadline specified in sentence 1 has expired without result, the offer
is deemed to have been rejected.
§ 3 Payment, due date, default of payment
(1)
Payment for the goods is made in advance. We reserve the right to
accept or exclude certain payment methods in individual cases.
(2)
When paying in advance, the buyer undertakes to pay the purchase price
immediately after conclusion of the contract. When paying by invoice,
the buyer undertakes to pay the invoice amount within 5 days of receipt
of the goods. If you pay by direct debit, the debit will be made within
one week of the conclusion of the contract. When paying by credit card,
the debit will be made after the goods have been dispatched.
(3)
If the buyer is in default of payment, he is responsible for any
negligence during this time. He is also liable for accidents due to the
service, unless the damage would have occurred even if the service had
been delivered on time.
(4)
Interest is to be paid on the purchase price during the delay. The
default interest rate for the year is five percentage points above the
base interest rate. For legal transactions in which a consumer is not
involved, the interest rate is eight percentage points above the base
interest rate.
(5) The assertion of further damages is not excluded.
§ 4 Delivery
(1)
Delivery takes place by sending the purchased item to the address
provided by the buyer. If delivery against advance payment is agreed,
the delivery time is approx. 3-5 working days after receipt of the
purchase price. Otherwise, the delivery time is approx. 3-5 working days
after the order confirmation has been sent.
(2)
Delivery takes place against the stated packaging and shipping costs.
For deliveries abroad, unless otherwise stated, the price for packaging
and shipping is calculated separately based on weight. If the buyer
requests a special type of shipping that involves higher costs, he must
also bear these additional costs.
(3)
If the buyer purchases the purchased item for his commercial or
professional activity, the risk of accidental loss and accidental
deterioration of the purchased item passes to him as soon as Golisi
D-A-CH delivers the purchased item to the freight forwarder, the freight
carrier or other person responsible for carrying out the shipment
handed over to a specific person or institution.
§ 5 Retention of title
The
purchased item remains the property of Golisi D-A-CH until full payment
has been made. Before ownership is transferred, pledging, transfer as
security, processing or redesign is not permitted without the express
consent of Golisi D-A-CH.
§ 6 Prices
The
price for the purchased item stated in the respective offer is the
final price including any applicable VAT and other price components. The
price does not include delivery and shipping costs.
§ 7 Withdrawal
(1)
Golisi D-A-CH is entitled to withdraw from the contract with regard to a
still outstanding part of the delivery or service if incorrect
information has been provided about the buyer's creditworthiness or if
objective reasons have arisen regarding the buyer's insolvency, for
example the opening of a contract insolvency proceedings over the
buyer's assets or the dismissal of such proceedings due to insufficient
assets to cover the costs. Before withdrawing, the buyer is given the
opportunity to make an advance payment or provide suitable security.
(2)
Without prejudice to any claims for damages, in the event of partial
withdrawal, partial services already provided must be invoiced and paid
for in accordance with the contract.
§ 8 Warranty
(1) Warranty to consumers
a)
Golisi D-A-CH guarantees that the purchased item is free of defects
upon delivery. If a material defect becomes apparent within six months
of the handover of the purchased item, it is presumed that it was
already defective when it was handed over, unless this presumption is
incompatible with the type of purchased item or the defect. If the
material defect only becomes apparent after six months, the buyer must
prove that the material defect already existed when the purchased item
was handed over.
b)
If the purchased item is defective when handed over, the buyer has the
choice of whether subsequent performance should take place through
repair or replacement delivery. Golisi D-A-CH is entitled to refuse the
type of supplementary performance chosen if it is only possible with
disproportionate costs and the other type of supplementary performance
does not result in significant disadvantages for the buyer.
c)
If supplementary performance fails, the buyer can generally, at his
discretion, demand a reduction in the purchase price (reduction) or
cancellation of the contract (withdrawal) as well as compensation. If
the defects are only minor, the buyer has no right to withdraw from the
contract.
(2) Warranty to entrepreneurs
a)
If the purchase is a commercial transaction for Golisi D-A-CH and the
buyer, the buyer must immediately inspect the delivered goods for
quality and quantity deviations and notify Golisi D-A-CH in writing of
any visible defects within a period of one week from receipt of the
goods; Otherwise the assertion of warranty claims is excluded. Hidden
defects must be reported to Golisi D-A-CH in writing within one week of
discovery. Deadline is sufficient for the timely dispatch. In this case,
the buyer bears the full burden of proof for all claims requirements,
in particular for the defect itself, for the time at which the defect
was discovered and for the timeliness of the complaint.
b) In the event of defects, Golisi D-A-CH will, at its own discretion, provide warranty through repair or replacement delivery.
(3) The buyer's claims due to defects expire after two years.
(4)
If Golisi D-A-CH delivers a defect-free purchased item for the purpose
of supplementary performance, Golisi D-A-CH can demand that the buyer
return the defective purchased item.
(5)
Damage caused by improper or contractual measures taken by the buyer
during installation, connection, operation or storage does not
constitute a claim against Golisi D-A-CH.
§ 9 Limitation of Liability
(1)
Golisi D-A-CH is only liable for damages other than those resulting
from injury to life, body and health if these damages are based on
intentional or grossly negligent actions or on culpable violation of an
essential contractual obligation by Golisi D-A-CH or its vicarious
agents. Essential to the contract is an obligation whose fulfillment
enables the proper execution of the contract and on whose compliance the
buyer can regularly rely. Any further liability for damages is
excluded. Claims arising from a guarantee given by Golisi D-A-CH for the
quality of the purchased item and the product liability law remain
unaffected.
(2) Given
the current state of technology, data communication via the Internet
cannot be guaranteed to be error-free and/or available at all times. We
are therefore not liable for the availability of our online shop at all
times.
§ 10 Choice of law, place of jurisdiction
(1)
All disputes arising from this legal relationship are subject to the
law of the Federal Republic of Germany. For consumers, this choice of
law only applies to the extent that the protection granted is not
withdrawn by mandatory provisions of the law of the country in which the
consumer has his or her habitual residence. The validity of UN
purchasing law is excluded.
(2)
If the buyer is a merchant, a legal entity under public law or a
special fund under public law, the exclusive place of jurisdiction for
all disputes arising from this contract is the registered office of
Golisi D-A-CH. The same applies if the buyer does not have a general
place of jurisdiction in Germany or the place of residence or habitual
residence is not known at the time the action is filed.
Information on Online Dispute Resolution
In
the first quarter of 2016, the EU Commission will provide an internet
platform for online dispute resolution (so-called “OS platform”). The OS
platform is intended to serve as a contact point for the out-of-court
settlement of disputes regarding contractual obligations arising from
online purchase contracts.
The OS platform will be accessible at the following link:
§ 11 Severability Clause
If
a provision of these General Terms and Conditions is or becomes invalid
or unenforceable, the remaining provisions of these General Terms and
Conditions remain unaffected, unless the omission of individual clauses
would put one contracting party at such an unreasonable disadvantage
that it can no longer be expected to adhere to the contract . Right of
withdrawal for consumers As a consumer, you have the right to withdraw
from this contract within fourteen days without giving reasons. The
cancellation 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.
In
order to exercise your right of withdrawal, you must contact us
(Golimax GmbH, Golisi D-A-CH division, Himmelreichstr. 3, 78333
Stockach, Tel.: +49 (0) 7771 / 64 74 625 Email: [email protected]) by means
of a a clear statement (e.g. a letter sent by post or email) about your
decision to withdraw from this contract. You can use the attached
sample revocation form for this, but this is not mandatory.
To
meet the cancellation deadline, it is sufficient for you to send the
communication regarding your exercise of the right of cancellation
before the cancellation period has expired.
Consequences of revocation
If
you cancel this contract, we will refund to you all payments received
from you, including delivery costs (except for any additional costs
arising from you choosing a method of delivery other than the cheapest
standard delivery offered by us have) to be repaid immediately and at
the latest within fourteen days from the day on which we received
notification of your cancellation of this contract. For this repayment
we use the same payment method that you used for the original
transaction, unless something different was expressly agreed with you;
under no circumstances will you be charged any fees as a result of this
repayment. We may refuse repayment until we have received the goods back
or until you have provided evidence that you have sent the goods back,
whichever is the earlier.
You
must return or hand over the goods to us immediately and in any case no
later than fourteen days from the day on which you notify us of your
cancellation of this contract. The deadline is met if you send the goods
before the fourteen day period has expired. You bear the direct costs
of returning the goods. 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.