Terms of service
General terms and conditions with customer information
Table of contents
2. Conclusion of contract
3. Right of withdrawal
4. Prices and terms of payment
5. Terms of delivery and shipping
6. Retention of title
7. Liability for defects (warranty)
8. Redeeming promotional vouchers
9. Governing Law
11. Alternative dispute resolution
1.1 These General Terms and Conditions (hereinafter "GTC") of Goodsmith GmbH (hereinafter "Seller") apply to all contracts for delivery of goods that a consumer or entrepreneur (hereinafter "customer") concludes with the seller regarding the goods presented by the seller in his online shop. The inclusion of the customer's own terms and conditions is hereby contradicted, unless otherwise agreed.
1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed professional activity can be attributed. Entrepreneur within the meaning of these terms and conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2) Conclusion of contract
2.1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but serve to enable the customer to submit a binding offer.
2.2 The customer can submit the offer via the online Submit the order form. 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 the button that concludes the ordering process. Furthermore, the customer can also submit the offer to the seller by telephone, email or online contact form.
2.3 The seller can 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), in which case the receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer is decisive , or
- by asking the customer to pay after placing his order.
2.5 If the payment method "Amazon Payments" is selected, the payment will be processed via the payment service provider Amazon Payments Europe sca, 38 avenue John F. Kennedy, L-1855 Luxembourg ( hereinafter: "Amazon"), subject to the Amazon Payments Europe User Agreement, available at https://payments.amazon.de/help/201751590. If the customer selects "Amazon Payments" as the payment method during the online ordering process, he also issues a payment order to Amazon by clicking the button that concludes the ordering process. In this case, the seller already declares acceptance of the customer's offer at the point in time at which the customer triggers the payment process by clicking the button that concludes the ordering process.
2.6 When submitting an offer via the seller's online order form the text of the contract is saved by the seller after the conclusion of the contract and sent to the customer in text form (e.g. e-mail, fax or letter) after the order has been sent. The seller does not make the contract text 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 accessed free of charge by the customer via his password-protected user account by providing the corresponding login data.
2.7 Before submitting the binding order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.
2.8 Only the German language is available for the conclusion of the contract.
2.9 The Order processing and contact usually take place via 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 by third parties commissioned to process the order can be delivered.
3) Right of withdrawal3.1 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 If the Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory sales tax. Any additional delivery and shipping costs are specified separately in the respective product description.
4.2 The customer will be informed of the payment option(s) in the seller's online shop.
4.3 If advance payment by bank transfer has been agreed, payment is immediate due after conclusion of the contract, unless the parties have agreed on a later due date.
4.5 If you select the "SOFORT" payment method, the payment will be processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to be able to pay the invoice amount via "SOFORT", the customer must have an activated online banking account for participation in "SOFORT", identify himself accordingly during the payment process and confirm the payment order to "SOFORT". The payment transaction is carried out immediately afterwards by "SOFORT" and the customer's bank account is debited. The customer can access more detailed information on the "SOFORT" payment method on the Internet at https://www.klarna.com/sofort/.
4.6 If a payment method offered via the "Shopify Payments" payment service is selected, the payment will be processed by the payment service provider Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland (hereinafter: “Shopify”). The individual payment methods offered via Shopify are communicated to the customer in the seller's online shop. To process payments, Shopify can use other payment services for which special payment conditions may apply, to which the customer may be informed separately. Further information on "Shopify Payments" is available on the Internet at https://www.shopify.de/payments.
4.7 If the SEPA direct debit payment method is selected, the invoice amount is due after a SEPA direct debit mandate has been issued, but not before the end of the Deadline for advance notice of payment due. The direct debit is collected when the ordered goods leave the seller's warehouse, but not before the deadline for advance information has expired. Pre-notification ("Pre-Notification") is any message (e.g. invoice, policy, contract) from the seller to the customer that announces a debit using SEPA direct debit. If the direct debit is not redeemed due to insufficient funds in the account or because incorrect bank details have been provided, or if the customer objects to the debit although he is not entitled to do so, the customer must bear the fees incurred by the respective bank if he is responsible for this .
4.8 If the "PayPal direct debit" payment method is selected, PayPal will collect the invoice amount from the customer's bank account on behalf of the seller after a SEPA direct debit mandate has been issued, but not before the deadline for preliminary information has expired. Pre-notification ("Pre-Notification") is any message (e.g. invoice, policy, contract) to the customer that announces a debit using SEPA direct debit. If the direct debit is not redeemed due to insufficient funds in the account or because incorrect bank details have been provided, or if the customer objects to the debit although he is not entitled to do so, the customer must bear the fees incurred by the respective bank if he is responsible for this .
4.9 If the credit card payment method is selected, the invoice amount is due immediately upon conclusion of the contract. The credit card payment method is processed in cooperation with secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.ag) to which the provider assigns his payment claim. secupay AG collects the invoice amount from the customer's specified credit card account.In the case of assignment, payment can only be made to secupay AG with debt-discharging effect. The credit card is charged immediately after the customer order has been sent in the online shop. Even if the credit card payment method is selected via secupay AG, the provider remains responsible for general customer inquiries, e.g. about the goods, delivery time, shipping, returns, complaints, cancellation declarations and shipments or credits.
4.10 If the credit card payment method is selected via Stripe, the invoice amount due immediately upon conclusion of the contract. Payment is processed by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). Stripe reserves the right to carry out a credit check and to reject this payment method if the credit check is negative.
4.11 If you select the credit card payment method via Wirecard, the payment will be processed by Wirecard Bank AG, Einsteinring 35, 85609 Aschheim (https://www.wirecardbank. com/) to which the seller assigns his payment claim. Wirecard Bank AG collects the invoice amount from the customer's specified credit card account. In the event of assignment, payment can only be made to Wirecard Bank AG with debt-discharging effect. The credit card is charged immediately after the customer's order has been sent via the seller's online shop. Even if the credit card payment method is selected via Wirecard, the seller remains responsible for general customer inquiries, e.g. B. to the goods, delivery time, shipment, returns, complaints, cancellation declarations and shipments or credits. Reference is made to the information provided by Wirecard Bank AG in accordance with Article 13 GDPR in the context of processing credit card payments at https://www.wirecardbank.de/DSGVO.
5) Terms of delivery and shipping
5.1 Goods are delivered to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address given in the seller's order processing is decisive.
5.2 If the transport company sends the shipped goods back to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipping. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller announced the service to him a reasonable time in advance would have. Furthermore, this does not apply with regard to the costs for the delivery if the customer effectively exercises his right of withdrawal. If the customer effectively exercises the right of withdrawal, the regulation made in the seller's cancellation policy applies to the return costs.
5.3 Collection by the customer is not possible for logistical reasons.
6) Retention of title
If the seller pays in advance, he retains ownership of the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects (warranty)
7.1 Is the The purchased item is defective, the provisions of statutory liability for defects apply.
7.2 Deviating from this, the following applies to used goods: Claims for defects are excluded if the defect only occurs one year after delivery of the goods. Defects that occur within one year of delivery of the goods can be asserted within the statutory limitation period.The shortening of the liability period to one year does not apply
- to items that have been used in accordance with their usual purpose for a building and have caused its defectiveness,
- to claims for damages and reimbursement of expenses by the customer, as well as
- in the event that the seller has fraudulently concealed the defect
7.3 The customer 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 whatsoever on his legal or contractual claims for defects.
8) Redeeming promotional vouchers
8.1 Vouchers that were used by the seller as part of promotional campaigns with a A certain validity period that is issued free of charge and that cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online shop and only in 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 completing the ordering process. Subsequent offsetting is not possible.
8.4 Only one promotional voucher can be redeemed per order.
8.5 The value of the goods must at least correspond 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 credit on a promotional voucher will not be used in Paid out in cash nor interest.
8.8 The campaign voucher will not be refunded if the customer returns the goods paid for in whole or in part with the campaign voucher within the scope of his statutory right of withdrawal.
8.9 The campaign voucher is only for use by the person named on it person determined. 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) Applicable law
The law of the Federal Republic of Germany applies to all legal relationships between the parties of the laws governing the international purchase of movable goods. For consumers, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
10) Place of jurisdictionIf 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 place of business of the seller. If the customer has his registered office outside the territory of the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is always entitled to appeal to the court at the customer's registered office.
11) Alternative dispute resolution
11.1 The EU Commission provides the following on the Internet Link provides a platform for online dispute resolution: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
11.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board