Website Terms & Conditions & Terms of Sale

Table of contents

1. Scope
2. Contract
3. Withdrawal
4. Prices and terms of payment
5. Delivery and shipping conditions
6. Ownership
7. Liability for defects (warranty)
8. Redemption of promotional vouchers
9. Redemption of gift vouchers
10. Applicable law
11. Venue
12. Alternative Dispute Resolution

1) Scope of application

1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of GSM EURO Trading GmbH (hereinafter referred to as “Seller”) apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as “Customer”) concludes with the Seller with regard to the goods presented by the Seller in his online shop. The inclusion of the customer’s own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 These GTC shall apply mutatis mutandis to contracts for the delivery of goods with digital elements, unless otherwise stipulated. In addition to the delivery of the goods, the seller owes the provision of digital content or digital services (hereinafter referred to as “digital products”) that are contained in or connected to the goods in such a way that the goods cannot fulfil their functions without them.

1.3 For contracts for the delivery of physical data carriers that serve exclusively as carriers of digital content, these GTC shall apply accordingly, unless otherwise stipulated. Digital content within the meaning of these GTC is data that is created and provided in digital form.

1.4 These GTC shall apply mutatis mutandis to contracts for the delivery of vouchers, unless otherwise stipulated.

1.5 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 their commercial nor their independent professional activity.

1.6 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.

2) Conclusion of contract

2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers on the part of the Seller, but serve to submit a binding offer by the Customer.

2.2 The customer can submit the offer via the online order form integrated into the seller’s online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer with regard to the goods contained in the shopping cart by clicking on the button concluding the ordering process.

2.3 The Seller may accept the Customer’s offer within five days,

• by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive in this respect, or
• by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive in this respect, or
• by requesting payment from the customer after placing his order.

If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives first occurs. The period for acceptance of the offer begins on the day after the sending of the offer by the customer and ends with the expiry of the fifth day following the dispatch of the offer. If the seller does not accept the customer’s offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.

2.4 When submitting an offer via the Seller’s online order form, the text of the contract will be stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.B. e-mail, fax or letter) after sending his order. The seller will not make the text of the contract accessible beyond this. If the customer has set up a user account in the seller’s online shop before sending his order, the order data will be archived on the seller’s website and can be retrieved free of charge by the customer via his password-protected user account by providing the corresponding login data.

2.5 Before binding submission of the order via the Seller’s online order form, the Customer can detect possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the magnification function of the browser, with the help of which the display on the screen is enlarged. As part of the electronic ordering process, the customer can correct his entries via the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.

2.6 The German and English languages are available for the conclusion of the contract.

2.7 The order processing and contact usually take place by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct, so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or third parties commissioned by the seller with the order processing can be delivered.

3) Right of withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the seller’s cancellation policy.

4) Prices and terms of payment

4.1 Unless otherwise stated in the Seller’s product description, the prices quoted are total prices that include the statutory value added tax. Any additional delivery and shipping costs will be stated separately in the respective product description.

4.2 The payment option(s) will be communicated to the Customer in the Seller’s online shop.

5) Delivery and shipping conditions

5.1 If the Seller offers the dispatch of the goods, delivery shall take place within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller’s order processing is decisive.

5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs for the outward dispatch if the customer effectively exercises his right of withdrawal. For the return costs, if the right of revocation is effectively exercised by the customer, the provision made in the seller’s cancellation policy shall apply.

5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the customer as soon as the seller has delivered the item to the forwarder, the carrier or the person or institution otherwise designated to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall in principle only pass to the customer or a person entitled to receive the goods upon handover of the goods. Notwithstanding this, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer even in the case of consumers as soon as the seller has delivered the item to the forwarder, the carrier or the person or institution otherwise designated to carry out the shipment, if the customer commissions the forwarder, the carrier or the person or institution otherwise designated to carry out the shipment with the execution and the seller commissions the Customers have not previously named this person or institution.

5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies in the event that the seller is not responsible for the non-delivery and the seller has concluded a specific hedging transaction with the supplier with due care. The seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.

5.5 Self-collection is not possible for logistical reasons.

5.6 Vouchers are provided to the customer as follows:

– by e-mail

6) Retention of title

If the seller makes an advance payment, he reserves the title to the delivered goods until full payment of the purchase price owed.

7) Liability for defects (warranty)

7.1 Unless otherwise stated in the following provisions, the provisions of the statutory liability for defects shall apply. Notwithstanding this, the following applies to contracts for the delivery of goods:

7.2 If the customer acts as an entrepreneur,

• the seller has the choice of the type of supplementary performance;
• in the case of new goods, the limitation period for defects is one year from delivery of the goods;
• in the case of used goods, the rights and claims due to defects are excluded;
• the limitation period does not begin again if a replacement delivery takes place within the scope of liability for defects.

7.3 The above-mentioned limitations of liability and shortening of deadlines do not apply

• for claims for damages and reimbursement of expenses of the customer,
• in the event that the seller has fraudulently concealed the defect,
• for goods which have been used for a building in accordance with their usual use and which have caused its defectiveness,
• for any obligation of the seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.

7.4 In addition, it applies to entrepreneurs that the statutory limitation periods for any existing statutory recourse claim remain unaffected.

7.5 If the customer acts as a merchant within the meaning of § 1 HGB, he shall be subject to the commercial obligation to inspect and give notice of defects in accordance with § 377 HGB (German Commercial Code). If the customer fails to comply with the notification obligations stipulated therein, the goods shall be deemed to have been approved.

7.6 If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply with this, this has no effect on his legal or contractual claims for defects.

8) Redemption of promotional vouchers

8.1 Vouchers issued free of charge by the Seller as part of promotions with a certain period of validity and which cannot be purchased by the Customer (hereinafter referred to as “Promotional Vouchers”) can only be redeemed in the Seller’s online shop and only during the specified period.

8.2 Individual products may be excluded from the voucher campaign if a corresponding restriction results from the content of the promotional voucher.

8.3 Promotional vouchers can only be redeemed before completion of the order process. Subsequent offsetting is not possible.

8.4 When placing an order, several promotional vouchers can also be redeemed.

8.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.

8.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.

8.7 The balance of a promotional voucher will not be paid out in cash or subject to interest.

8.8 The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of his statutory right of withdrawal.

8.9 The promotional voucher is only intended for use by the person named on it. A transfer of the promotional voucher to third parties is excluded. The seller is entitled, but not obliged, to check the material entitlement of the respective voucher holder.

9) Redemption of gift vouchers

9.1 Vouchers that can be purchased via the Seller’s online shop (hereinafter referred to as “Gift Vouchers”) can only be redeemed in the Seller’s online shop, unless otherwise stated in the voucher.

9.2 Gift vouchers and remaining credit of gift vouchers can be redeemed until the end of the third year after the year of voucher purchase. Remaining credit will be credited to the customer by the expiry date.

9.3 Gift vouchers can only be redeemed before completion of the order process. Subsequent offsetting is not possible.

9.4 When placing an order, several gift vouchers can also be redeemed.

9.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers.

9.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.

9.7 The balance of a Gift Voucher will not be paid out in cash or subject to interest.

9.8 The Gift Voucher is intended only for use by the person named on it. A transfer of the gift voucher to third parties is excluded. The seller is entitled, but not obliged, to check the material entitlement of the respective voucher holder.

10) Applicable law

All legal relationships between the parties shall be governed by the law of the Federal Republic of Germany to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.

11) Place of jurisdiction

If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of the seller. If the customer has its registered office outside the territory of the Federal Republic of Germany, the place of business of the seller is the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims from the contract can be attributed to the professional or commercial activity of the customer. In the above cases, however, the Seller shall in any case be entitled to appeal to the court at the Customer’s registered office.

12) Alternative Dispute Resolution

12.1 The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers/odr

This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.

12.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.