Terms and conditions
1. Scope
2. Offers and services
3. Order process and contract
4. Pricing and shipping costs
5. Delivery and availability of goods
6. Payment & invoice
7. Retention of title
8. Warranty
9. Liability
10. Saving of purchase contract
11. Content & links to external third-party websites
12. General provisions
1. Scope
1.1. For the business relationship between Gipfelsockerl – Bestle & Odesser GbR, Maria-Eich-Strasse 14a, 81243 Munich, Germany (“seller”) and the customer (“customer”) apply only the following terms and conditions valid at the time of the order.
1.2. You can reach our customer service for questions, complaints and warranty requests on weekdays from 10:00 a.m. to 5:00 p.m. by calling +49 (0) 177 3802667 or by email at kontakt(at)gipfelsockerl.de
1.3. According to these Terms and Conditions, a consumer is any natural person who concludes a legal transaction for a purpose which, for the most part, cannot be attributed to either his or her commercial or self-employed professional activity (§ 13 BGB).
1.4. Different terms and conditions of the customer are not accepted unless the seller expressly agrees to their validity.
2. Offers and services
The presentation of the products in the online shop is not a legally binding offer, but an invitation to place an order. Performance descriptions in catalogues as well as on the seller’s websites do not have the character of any assurance or guarantee.
As long as nothing else is noted, all offers are valid “as long as stocks last”. Amendments and errors are nevertheless possible.
3. Order process and contract conclusion
3.1. The customer can select products from the seller’s range without obligation and collect them in a so-called shopping cart via the ” shopping cart” button. Within the basket, the product selection can be changed, for example, or deleted. The customer can then proceed via the “continue to checkout” button to complete the ordering process.
3.2. Via the “order now” button, the customer makes a binding request to buy the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time and go back to the shopping cart using the browser function or cancel the order process altogether. Necessary information is marked with an asterisk (*).
3.3. The seller then sends the customer an automatic order confirmation by email, in which the customer’s order is listed again and which the customer can print via the “print” function (order confirmation). The automatic order confirmation only documents that the customer’s order has been received by the seller and does not constitute acceptance of the request. The purchase agreement does not materialize until the seller sends or hands over the ordered product within 2 days, or informs the customer within 2 days with a second email of the order confirmation or the shipment of the order.
3.4. Seller and customer enter into a contract at the time of provision of bank details and a request for payment, should the seller make advance payment possible. If, despite the due date, the payment has not been received by the seller up to a time of 10 calendar days after the order confirmation has been sent, the seller withdraws from the contract with the consequence that the order is invalid. The seller then has no obligation of delivery. In this case there are no further consequences. Therefore, a reservation of the product with advance payment is possible for a maximum of 10 calendar days.
4. Pricing and shipping costs
4.1. All prices stated on the seller’s website are inclusive of applicable statutory sales tax.
4.2. In addition to the stated prices, the seller charges shipping costs for the delivery. Shipping costs are clearly communicated to the buyer on a separate information page and as part of the ordering process.
5. Delivery and availability of goods
5.1. If advance payment has been agreed on, the delivery will take place after receipt of the invoiced amount.
5.2. In accordance with § 474 (4) of the Civil Code, the risk of accidental destruction and accidental deterioration of the goods sold will not pass to you until the goods are handed over. It is the same if you are accepting the products late. Should the delivery of the goods fail due to the fault of the buyer, despite a three delivery attempts, the seller may withdraw from the contract.
5.3. If the product ordered is not available because the seller is, without fault of his own, missing a delivery from his supplier, the seller may withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, propose the delivery of a comparable product to him. If no comparable product is available or the customer does not want a delivery of a comparable product, the seller may refund any amount already provided to the customer immediately.
5.4. Customers are informed of delivery times and delivery restrictions (e.g. restriction of deliveries on certain countries) on a separate information page or within the respective product description.
5.5. The goods are directly shipped by uninsured letter shipping or in the case of larger units by package shipping. We usually ship with Deutsche Post or DHL.
6. Payment & invoice
6.1. The customer may choose from the available payment methods during or before the order process is completed. Customers are informed of the available means of payment on a separate information page.
6.2. If payment is possible by invoice, payment must be made within 30 days of receipt of the goods and the invoice. For all other payments, payment must be made in advance without deduction.
6.3. If third-party providers are charged with processing payments, e.g. Paypal or SOFORT, their terms and conditions apply.
6.4. If the due date of payment is determined according to the calendar, the customer is in default by missing the date. In this case, the customer has to pay the statutory default interest.
6.5. The customer’s obligation to pay interest on delayed payments does not preclude the sale of further damages by the seller.
6.6. The customer is entitled to offset late payments only if his counterclaims are legally established or recognised by the seller. The customer can only exercise a right of refund if the claims result from the same contractual relationship.
6.7. The invoices are usually sent by email.
7. Retention of title
Until full payment is made, the delivered goods remain the property of the seller.
8. Warranty
8.1. The warranty is determined in accordance with legal requirements.
8.2. A warranty exists for the goods delivered by the seller only if it has been expressly delivered. Customers are informed of the warranty conditions prior to the initiation of the ordering process.
9. Liability
9.1. The following disclaimers and limitations apply to the seller’s liability for damages without prejudice to other legal requirements.
9.2. The seller is liable without limitation to the extent that the cause of the damage is based on wilful intent or gross negligence.
9.3. Further, the seller is liable for the slight negligent breach of essential obligations, the violation of which endangers the achievement of the purpose of the contract, or for the violation of obligations, the fulfillment of which is the proper implementation of the contract in general, which the customer trusts to be complied by. In this case, however, the seller is only liable for the foreseeable, contract-typical damage. The seller shall not be liable for the slight negligent violation of other obligations other than those mentioned in the preceding sentences.
9.4. The above limitations of liability do not apply in the event of injury to life, body and health, to a deficiency following the assumption of a warranty of the nature of the product and to fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
9.5. To the extent that the liability of the seller is excluded or limited, this also applies to the personal liability of employees, representatives and agents.
10. Saving of purchase contract
10.1. The customer can print the text of the contract before sending the order to the seller by using the printing function of his browser in the last step of the order.
10.2. The seller also sends the customer an order confirmation with all order data to the email address provided by him. With the confirmation of the order, and at the latest at the time of the delivery of the goods, the customer will also receive a copy of the terms and conditions as well as revocation instruction and the instructions on shipping costs as well as delivery and payment terms. If you have registered in our shop, you can view your placed orders in your profile area. In addition, we store the text of the contract, but make it inaccessible on the Internet.
11. Content & links to external third-party websites
The contents on our pages have been created with the utmost care. However, we cannot guarantee the accuracy, completeness and actuality of the content. As a service provider, we are responsible for our own content on these pages in accordance with general laws in accordance with Section 7 (1) TMG. However, according to sections 8 to 10 TMG, we as a service provider are not obliged to monitor transmitted or stored third-party information or to search for circumstances that indicate illegal activity. Obligations to remove or block the use of information in accordance with general laws remain unaffected. Liability in this respect, however, is only possible from the moment of knowledge of a specific violation of the law. As soon as we become aware of such violations of the law, we will remove this content immediately.
Our offer contains links to external third-party websites, the contents of which we have no control over. So we can’t take any responsibility for this external content. The respective provider or operator of the linked pages is always responsible for their contents. The linked pages were checked for possible violations of the law at the time of linking. Illegal content was not discernible at the time of linking. However, a permanent monitoring of the content of the linked pages is not reasonable without concrete indications of a violation of the law. As soon as we become aware of violations of the law, we will remove such links immediately.
12. General provisions
12.1. The court and court location is based on the sellers location. If the customer does not have a general place of jurisdiction in Germany or in another EU Member State, the exclusive place of jurisdiction for all disputes arising from this contract is our place of business. The validity of UN purchasing law is excluded.
12.2. Language of the contract is German.
12.3. The images of the products on the Internet or on printed products may differ from the original. In particular, colors may differ from the original for various reasons (e.g. through your monitor settings, viewing angles, special colors, etc.).
12.4. European Commission Platform on Online Dispute Resolution (OS) for Consumers: http://ec.europa.eu/consumers/odr/. We are not willing and obliged to participate in a dispute resolution procedure before a consumer arbitration board.
