§ 1 Scope, definitions
(1) These General Terms and Conditions of Sale (hereinafter: GTC) apply to all contracts for the sale of goods between Good Goods Germany GmbH, Kurpfalzring 100, 69123 Heidelberg, Email: firstname.lastname@example.org, registered in the Commercial Register of the Local Court of Mannheim under HRB 735194, represented by the Managing Director, VAT Identification No.: DE328366305 (hereinafter "Supplier") and the contractual partners (hereinafter "Customer"). The GTC shall apply irrespective of whether the Customer is a consumer, entrepreneur or merchant.
(2) The business relationship between the Provider and the Customer shall be governed exclusively by these GTC in the version valid at the time of the order. Deviating general terms and conditions of the customer shall not be recognised unless the supplier expressly agrees to their application in writing.
§ 2 Conclusion of contract
(1) The customer can select products from the provider's range and collect them in a so-called shopping basket via the button "add to shopping basket". By clicking on the button "order subject to payment", he submits a binding application to purchase the goods in the shopping cart (hereinafter "order"). Before submitting the order, the customer can change and view the data at any time. However, the application can only be submitted and transmitted if the customer has accepted these GTC by clicking on the "Accept GTC" button and has thereby included them in his application.
(2) The Provider shall then send the Customer an automatic confirmation of receipt by e-mail, in which the Customer's order is listed again and which the Customer can print out using the "Print" function. The automatic confirmation of receipt merely documents that the Provider has received the Customer's order and does not constitute acceptance of the application. The contract is not concluded until the Provider issues the declaration of acceptance, which is sent with a separate e-mail (order confirmation). In this e-mail or in a separate e-mail, but no later than upon delivery of the goods, the text of the contract (consisting of the order, GTC and order confirmation) is sent to the customer by the supplier on a durable medium (e-mail or paper printout) (contract confirmation). The text of the contract shall be stored in compliance with data protection laws.
(3) The contract shall be concluded in the German language.
§ 3 Delivery, availability of goods
(1) The supplier is entitled to make partial deliveries, insofar as this is reasonable for the customer.
(2) Delivery times stated by the supplier are calculated from the time of the supplier's order confirmation. If no or no deviating delivery time is specified by the supplier for the respective goods prior to the order or the order confirmation, it shall be approximately five (5) days.
(3) If the product designated by the customer in the order is temporarily unavailable, the supplier shall inform the customer of this in the order confirmation. If the product is permanently unavailable, the supplier shall inform the customer of this and shall refrain from issuing a declaration of acceptance; in this case, a contract shall not be concluded.
(4) The following delivery restrictions apply: The supplier only delivers to customers who have their habitual residence (invoice address or delivery address) in one of the following countries and can provide a delivery address in the same country: Germany.
(5) In the case of orders from customers with their place of residence or business abroad or in the case of justified indications of a risk of non-payment, the supplier may reserve the right in the order confirmation to deliver only after receipt of the purchase price plus shipping costs (advance payment reservation). In the case of advance payment, the delivery period begins, in deviation from § 3 para. 2 sentence 1 of these GTC, with payment of the purchase price and the shipping costs.
(4) The supplier is not responsible for delays in delivery and performance due to force majeure and due to extraordinary and unforeseeable events which cannot be prevented by the supplier even through due diligence (this includes in particular strikes, official or court orders, COVID-19 and other pandemics and cases of incorrect or improper self-delivery despite a covering transaction to this effect). They entitle the supplier to postpone the delivery for the duration of the impeding event.
§ 4 Retention of title
Until payment has been made in full, the goods delivered shall remain the property of the supplier.
§ 5 Prices and shipping costs
(1) All prices stated on the provider's website are inclusive of the applicable statutory VAT, but exclusive of shipping costs.
(2) The corresponding shipping costs are indicated to the customer in the order form and are to be borne by the customer unless the customer exercises his right of withdrawal. From an order value of 20 EUR, the Provider shall deliver to the Customer free of shipping costs.
(3) The goods shall be dispatched by post. The supplier bears the shipping risk if the customer is a consumer.
(4) In the event of a revocation, the customer shall bear the direct costs of the return shipment.
§ 6 Payment modalities
(1) The customer may make payment via Paypal, direct debit and credit card (all offered by Paypal, Paypal's terms and conditions apply).
(2) The customer can change the payment method stored in his user account at any time.
(3) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined by the calendar, the customer is already in default by missing the deadline. In this case, he shall pay the Supplier interest on arrears for the year at a rate of 5 percentage points above the base interest rate. In addition, the Provider reserves the right to charge reminder fees in the amount of 3.00 euros for reminders.
(4) The Customer's obligation to pay interest on arrears does not preclude the Provider from asserting further damages caused by default.
§ 7 Warranty for material defects, guarantee
(1) The supplier is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 et seq. BGB. In relation to entrepreneurs, the warranty period for goods delivered by the supplier is 12 months.
(2) In the event of an only insignificant defect, the customer shall only be entitled to a reasonable reduction of the purchase price to the exclusion of the right of withdrawal.
(3) An additional guarantee exists for the goods delivered by the supplier only if this was expressly given in the order confirmation for the respective item.
§ 8 Liability
(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations, the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the customer may regularly rely (so-called cardinal obligation), as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents.
(2) In the event of a breach of material contractual obligations, the provider shall only be liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence, unless the customer's claims for damages are based on injury to life, body or health.
(3) The restrictions of paras. 1 and 2 also apply in favour of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.
(4) The limitations of liability resulting from paras. 1 and 2 do not apply insofar as the provider has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies insofar as the supplier and the customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act shall remain unaffected.
§ 9 Cancellation policy
(1) When concluding a distance selling transaction, consumers generally have a statutory right of withdrawal, which the supplier shall inform them of below in accordance with the statutory model. The exceptions to the right of withdrawal are regulated in paragraph (2). Paragraph (3) contains a model withdrawal form.
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
To exercise your right of withdrawal, you must inform us, Good Goods Germany GmbH, Dantestraße 11, 69115 Heidelberg, Email: email@example.com) by means of a clear declaration (e.g. a letter sent by post, fax or email) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, which is, however, not mandatory.
(Insert link with the pre-filled sample withdrawal form)
To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of cancellation
If you withdraw from this contract, we must repay you all payments we have received from you, including the delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the inexpensive standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.
We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us without delay and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send off the goods before the expiry of the fourteen-day period.
You shall bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
(2) The right of withdrawal does not apply to contracts for the delivery of audio or video recordings or computer software in a sealed package if the seal was removed after delivery.