TERMS AND CONDITIONS
1. SCOPE
(1) These General Terms and Conditions ("GTC") apply to all orders placed by customers via the GONSO online shop (www.gonso.de).
(2) 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 his commercial nor to his self-employed professional activity (§ 13 BGB).
(3) An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or self-employed professional activity at the time of conclusion of the contract (Section 14 of the German Civil Code).
(4) The GONSO online shop is aimed exclusively at consumers (end customers) with delivery addresses within the member states of the European Union and Switzerland that can be selected in the ordering process. Orders for the purpose of commercial resale of the goods are not permitted. Separate terms and conditions apply to commercial resellers, dealers and other business customers, which can be requested via customer service.
(5) GONSO reserves the right to reject orders or to withdraw from the contract in accordance with the statutory provisions, provided that there are concrete indications that an order is placed for the purpose of commercial resale, contrary to paragraph 4.
(6) Deliveries are made exclusively to the Member States of the European Union and Switzerland that can be selected in the ordering process. Any delivery restrictions will be clearly and distinctly indicated to the customer at the latest at the beginning of the ordering process.
(7) All prices stated in the GONSO online shop are inclusive of the applicable statutory VAT of the respective country of delivery, insofar as the country of destination principle applies according to the applicable VAT regulations.
2. CONTRACTUAL PARTNER, CUSTOMER SERVICE
(1) The purchase contract is concluded with:
GONSO | Maier Sports GmbH
, Nürtinger Str. 27
, 73257 Köngen,
Germany
Phone: +49 7024 8000 800
E-mail: customer.service@Gonso.de
Managing Director: Simone Mayer
Registration court: Stuttgart District Court
Registration number: HRB 738545
VAT identification number according to § 27a UStG: DE815303272
(hereinafter referred to as "GONSO").
(2) The GONSO customer service is available for questions, complaints and complaints from Monday to Thursday from 9:00 a.m. to 1:00 p.m. and from 2:00 p.m. to 5:00 p.m. and on Fridays from 9:00 a.m. to 2:00 p.m. at the above telephone number and by e-mail. Public holidays at GONSO's registered office are excluded from this.
(3) Information on the processing of personal data in connection with customer service enquiries can be found in GONSO's privacy policy, which can be accessed at any time on the website.
3. DEVIATING CONDITIONS
The version of these GTC valid at the time of the order shall be decisive. These General Terms and Conditions apply exclusively. Deviating, conflicting or supplementary terms and conditions of the customer do not become part of the contract, unless GONSO expressly agrees to their validity in text form.
4. OFFER, CONCLUSION OF CONTRACT AND ORDER PROCESS
(1) The presentation of the products in the GONSO online shop does not constitute a legally binding offer, but a non-binding invitation to place an order.
(2) The customer can select products from the range of the GONSO online shop and collect them in a virtual shopping cart by clicking on the "Add to cart" button. The contents of the shopping cart can be viewed and changed at any time. Products can be removed from the shopping cart at any time by clicking on the corresponding button.
(3) The customer enters the order process via the "Checkout" button. Before placing the order, all order data is displayed to the customer on an overview page. The customer can correct or change his entries there as well as during the entire ordering process at any time with the available technical means.
(4) By clicking on the button "order with obligation to pay", the customer submits a binding offer to purchase the goods in the shopping cart.
(5) The order can only be placed if the customer confirms by clicking on the corresponding checkbox that he has read and accepted these General Terms and Conditions. The general terms and conditions can be saved and printed out before placing the order.
(6) Prior to placing the order, GONSO shall inform the customer in the course of the ordering process in particular about:
- the essential characteristics of the goods,
- the total price of the goods including statutory VAT,
- additional shipping costs,
- the available payment methods,
- supply restrictions,
- Delivery times,
- as well as the statutory right of withdrawal for consumers.
(7) Information on the processing of personal data in connection with orders in the GONSO online shop is contained in GONSO's privacy policy , which can be accessed on the website at any time.
(8) After submitting the order, the customer will receive an automated confirmation of receipt by e-mail, in which the order is listed again ("order confirmation"). This order confirmation does not yet constitute acceptance of the contract offer.
(9) The purchase contract is only concluded when GONSO accepts the order by means of a separate e-mail or ships the goods to the customer ("shipping confirmation").
(10) GONSO reserves the right to reject orders or to withdraw from the contract in accordance with the statutory provisions if there are concrete indications that the order is being placed for the purpose of commercial resale contrary to Section 1, has been improperly placed or incorrect information about the customer's identity has been provided. This can be especially the case with unusually high order quantities. The right to contest the contract, in particular due to content, explanation or technical errors in accordance with the statutory provisions, remains unaffected.
(11) The text of the contract is stored by GONSO in compliance with data protection regulations.
(12) The content and scope of the contract shall be determined by the dispatch confirmation, including the order data listed therein. Individual ancillary agreements, changes or additions require confirmation by GONSO in text form in order to be effective.
5. PRICES AND TERMS OF PAYMENT
(1) All prices stated in the GONSO online shop are inclusive of the applicable statutory VAT of the respective country of delivery as well as any shipping costs.
(2) The shipping costs incurred in each case will be clearly displayed to the customer in the order process before the order is completed. More information about the exact shipping fees can be found here.
(3) The total price of the order, including VAT and shipping costs, will be displayed to the customer on the order summary page before submitting the binding order.
(4) The payment methods displayed in the order process are available to the customer. GONSO reserves the right not to offer individual payment methods in individual cases.
(5) Payment processing may be carried out via external payment service providers. Additional terms and conditions of the respective payment service provider may apply to individual payment methods, to which the customer will be informed separately during the ordering process.
The purchase on account is processed via the payment service provider Unzer. As part of the ordering process, the data required for the processing of purchase on account may be transmitted to Unzer. In addition, an identity and credit check may be carried out by Unzer or by credit agencies commissioned by Unzer, insofar as this is legally permissible and there is a legitimate interest. Further information on the processing of personal data by Unzer can be found in Unzer's privacy policy: Data protection - Unzer.
(6) The purchase price, including any shipping costs, shall be due for payment immediately upon conclusion of the purchase contract, unless otherwise agreed.
(7) Invoicing shall be carried out exclusively in electronic form. The invoice will be made available to the customer with the shipping confirmation or separately by e-mail.
(8) The customer is only entitled to offset if his counterclaims have been legally established or are undisputed or originate from the same contractual relationship.
(9) The customer can only assert a right of retention if it is based on claims arising from the same contractual relationship.
(10) Any refunds will be made via the same means of payment used by the customer in the original transaction, unless expressly agreed otherwise.
(11) If there are several due claims against the customer, GONSO is entitled to offset incoming payments against the respective outstanding claim at its equitable discretion, unless the customer has made an express repayment provision.
6. COUPON CODES FROM GONSO
(1) The following regulations apply to the redemption of vouchers and voucher codes in the GONSO online shop in addition to these General Terms and Conditions.
(2) Voucher codes are discount codes issued by GONSO, which can be issued to customers as part of promotions or individually and entitle them to a price reduction in the GONSO online shop. The price reduction can be made as a percentage or as a fixed amount.
(3) Unless expressly stated otherwise, voucher codes can only be redeemed in the GONSO online shop and only within the specified validity period.
(4) Voucher codes may be subject to a minimum order value, specific products, product categories, promotional periods or other redemption conditions. The terms and conditions of the promotion communicated for the voucher code are decisive.
(5) In principle, only one voucher code can be redeemed per order, unless GONSO expressly states otherwise.
(6) A combination of voucher codes with other discount campaigns, price reductions or special promotions is excluded, unless expressly stated otherwise.
(7) Voucher codes cannot be purchased, do not bear interest and cannot be redeemed for cash payment.
(8) Voucher codes issued individually to customers are intended for personal use only and are non-transferable.
(9) The voucher code must be entered in the field provided before completing the order process. Subsequent crediting to orders that have already been completed is excluded.
(10) If an order is revoked, returned or cancelled in whole or in part and the remaining order value falls below the respective minimum order value of the redeemed voucher code, GONSO reserves the right to charge the price discount granted by the voucher code in part or in full, insofar as this is legally permissible.
(11) A refund or cash payment of the value of a voucher code is excluded, even if the voucher code can no longer be used in whole or in part due to a return or revocation.
(12) GONSO reserves the right to block or reject voucher codes in the event of suspicion of misuse, manipulation or other unauthorised use.
(13) Statutory rights of the customer, in particular statutory warranty rights and the statutory right of withdrawal, remain unaffected.
7. DELIVERY, SHIPMENT AND TRANSFER OF RISK
(1) Delivery shall be made exclusively to the Member States of the European Union that can be selected during the ordering process as well as to Switzerland.
(2) The goods shall be delivered to the delivery address specified by the customer during the ordering process.
(3) Shipping is carried out by the shipping service providers commissioned by GONSO.GONSO reserves the right to select the appropriate shipping service provider in each case. Self-collection of the goods is excluded.
(4) The estimated delivery times are displayed to the customer in the order process.
(5) Unless otherwise agreed, the goods will be shipped regularly within two (2) working days after the conclusion of the contract. Working days within the meaning of these T&Cs are Monday to Friday, with the exception of public holidays, at GONSO's registered office.
(6) If an ordered product is temporarily unavailable, the customer will be informed immediately. If possible, the customer will be informed of the expected duration of the unavailability.
(7) If the delivery of the goods is permanently not possible, in particular because the goods are not available or GONSO is not supplied through no fault of its own despite proper ordering, GONSO is entitled to withdraw from the contract. Payments already made will be refunded to the customer immediately.
(8) If GONSO is in default with a delivery, the customer's statutory claims are governed by the statutory provisions.
(9) If the customer is a consumer, GONSO shall bear the risk of accidental loss or accidental deterioration of the goods until the goods are handed over to the customer or to a recipient designated by the customer.
(10) Partial deliveries are permissible insofar as this is reasonable for the customer. Any additional shipping costs incurred as a result of this will be borne by GONSO.
(12) Delivery restrictions as well as any delays due to force majeure, strikes, official measures, unforeseeable transport obstacles or other events for which GONSO is not responsible are reserved. The customer's statutory rights remain unaffected by this.
9. RESERVATION OF TITLE
(1) The delivered goods shall remain the property of GONSO until all claims arising from the respective contractual relationship have been paid in full.
(2) The customer is obliged to treat the goods with care until the complete transfer of ownership.
(3) The customer is not permitted to pledge or otherwise dispose of the goods subject to retention of title before full payment has been made.
(4) If third parties access the goods subject to retention of title, in particular by seizure, the customer must inform GONSO immediately in text form and inform the third party of GONSO's retention of title .
10. STATUTORY WARRANTY RIGHTS
(1) The statutory warranty rights according to the applicable statutory provisions apply. The warranty obligation is two (2) years from receipt of the goods. The customer's statutory rights in the event of defects are not limited by these General Terms and Conditions.
(3) Insofar as the goods contain digital elements or are connected to digital products, the statutory provisions on contracts for digital products and goods with digital elements, in particular §§ 327 et seq. of the German Civil Code, shall apply in addition.
(4) The statutory warranty rights exist independently of any additional commercial guarantees, manufacturer's warranties or durability guarantees.
11. GARANTIE
(1) Insofar as additional warranties are granted for individual products, their prerequisites, content, scope, territorial scope and duration result from the respective warranty conditions and the warranty information attached to the product or provided in the online shop.
(2) Warranties create voluntary additional rights and do not limit the customer's statutory warranty rights.
(3) To the extent required by law, GONSO shall inform consumers in a clear and understandable form about the existence of statutory warranty rights as well as any additional guarantees. In particular, the information may be provided in the product description, on product detail pages, in warranty documents or as part of the ordering process.
(4) References to product characteristics, care, application, safety or durability do not constitute an assumption of warranty, unless they are expressly designated as a warranty.
11. LIABILITY
(1) GONSO's liability without limitation:
- in the event of intent or gross negligence,
- in the event of damage resulting from injury to life, limb or health,
- in accordance with the provisions of the Product Liability Act,
- to the extent of an expressly assumed warranty,
- as well as in all other cases of mandatory legal liability.
(2) In the event of a slightly negligent breach of essential contractual obligations, GONSO shall only be liable for the foreseeable damage typical for the contract. Essential contractual obligations are those obligations whose fulfilment is essential for the proper execution of the contract in the first place and on the fulfilment of which the customer may regularly rely.
(3) In all other respects, GONSO's liability is excluded to the extent permitted by law.
(4) The above limitations of liability shall also apply to the legal representatives, employees, vicarious agents and other agents of GONSO.
(5) Insofar as GONSO's liability is excluded or limited, this also applies to the personal liability of GONSO's employees, representatives and vicarious agents.
(6) A change in the statutory burden of proof to the detriment of the customer is not associated with the above provisions.
(7) The statutory rights of the customer, in particular under the Product Liability Act, the consumer protection regulations and the statutory warranty rights, remain unaffected.
12. VOLUNTARY RIGHT OF RETURN
(1) In addition to the statutory right of withdrawal for consumers, GONSO grants a voluntary right of return in accordance with the following provisions.
(2) Customers may return goods to GONSO within thirty (30) days of receipt of the goods , provided that:
· the goods are complete,
· the goods are in unused, undamaged and clean condition,
· all labels and product components are available,
· and there are no grounds for exclusion in accordance with paragraph 6.
(3) To exercise the voluntary right of return, the online return form provided by GONSO should be used. The return must be sent to the return address provided by GONSO during the return process.
(4) In the event of a proper return within the framework of the voluntary right of return, GONSO will refund the purchase price of the returned goods to the customer. The original shipping costs of the order will not be refunded to the extent permitted by law.
(5) In particular, the voluntary right of return does not exist:
· in the case of used, washed, damaged or soiled goods,
· in the case of missing components, accessories, labels or product packaging,
· in the case of goods that have been used beyond a customary fitting or examination,
· or for goods that are not suitable for return for hygienic reasons, provided that their seal has been removed after delivery.
(6) Product packaging, protective bags, labels and comparable components are considered part of the goods and must be returned in their entirety.
(7) GONSO shall provide the customer with a covered return label for the return shipment and shall bear the direct costs of the return. Depending on the country of delivery, however, return fees may apply in the event of a return, which will be offset against the credit note or the refund amount. The return fees per country of delivery can be viewed here
(8) The risk of loss or damage to the goods during return transport shall be borne by GONSO from the time the return shipment is handed over to the shipping service provider. This does not apply if the loss or damage is due to improper packaging or other breach of duty by the customer.
(9) GONSO reserves the right to refuse to grant the voluntary right of return in individual cases if there are indications of abusive or fraudulent use, to the extent permitted by law.
(10) The refund will be made after receipt and inspection of the returned goods via the same means of payment used for the original order, unless expressly agreed otherwise.
(11) The voluntary right of return is a voluntary additional service provided by GONSO. Customer's legal rights, in particular:
· statutory liability rights for defects,
· statutory consumer rights,
· as well as the statutory right of withdrawal,
remain unaffected by this.
(12) The provisions of this voluntary right of return apply exclusively in addition to the statutory rights of the customer and, in particular, do not restrict the statutory right of withdrawal.
13. STATUTORY RIGHT OF WITHDRAWAL
(1) In the case of distance contracts, consumers are entitled to a statutory right of revocation in accordance with the applicable statutory provisions.
(2) Details on the prerequisites, the exercise, the consequences and any exclusions of the statutory right of withdrawal can be found in the separate cancellation policy on the GONSO website.
(3) The cancellation policy, including the sample withdrawal form, can be accessed during the ordering process and at any time on the GONSO website . The cancellation policy and the sample withdrawal form are made available to the consumer permanently after the conclusion of the contract with the dispatch confirmationsmail (Art. 246a § 4 EGBGB).
(4) Consumers can declare their revocation in particular by letter, e-mail or via the electronic revocation function provided by GONSO or the statutory online revocation button.
(5) The statutory right of revocation remains unaffected by the voluntary right of return in accordance with Section 12 .
14. ASSIGNMENTAND RETENTION
(1) The assignment or transfer of claims or rights of the customer vis-à-vis GONSO to third parties is excluded without the prior consent of GONSO , unless this is contrary to mandatory statutory provisions.
(2) The prohibition of assignment pursuant to subsection (1) shall not apply:
· for monetary claims of the customer against GONSO,
· for claims arising from the statutory right of withdrawal,
· as well as for claims arising from mandatory consumer protection regulations.
15. NOTE ON DATA PROCESSING
(1) GONSO processes the customer's personal data exclusively within the framework of the applicable data protection regulations.
(2) Information on the processing of personal data, in particular on the type, scope, purposes, legal bases and rights of data subjects, can be found in GONSO's privacy policy, which can be accessed at any time on the website.
16. FINAL PROVISIONS
(1) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). This choice of law applies to consumers only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the country in which the consumer has his habitual residence.
(2) GONSO is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
(3) The customer agrees to receive contract-related information electronically.
(4) Should individual provisions of these General Terms and Conditions be or become invalid, unenforceable or unenforceable in whole or in part, the validity of the remaining provisions shall remain unaffected.
(5) The statutory provisions shall apply instead of the invalid, unenforceable or unenforceable provision. The same applies in the event of a loophole.