Terms of Service
§ 1 Scope and Provider
- These general terms and conditions (GTC) apply to all orders that you place in the online shop of
James M Gardner
1093 Wildrose Lane, 48234 Detroit
Email: [email protected]
Sales tax identification number according to § 27a UstG: EE768209742
- The range of goods in our online shop is aimed exclusively at private buyers who have reached the age of 18 (consumers within the meaning of Section 13 BGB).
- Our deliveries, services and offers are based exclusively on these terms and conditions.
- The contract language is exclusively German.
- You can call up and print out the currently valid General Terms and Conditions on the website at any time under the following link:
§ 2 conclusion of contract
- The presentation of goods in the online shop does not constitute a binding application to conclude a purchase contract. Rather, it is a non-binding invitation to order goods in the online shop.
- The customer can submit the offer (within the meaning of Section 145 BGB) using the online order form integrated in the seller's online shop. After entering his personal data and by clicking the button that concludes the ordering process, the customer submits a legally binding contract offer for the goods in the shopping cart. The submission of the offer by the customer is only possible after the customer has presented the terms and conditions for information and has included them in his offer by clicking on the "Accept terms and conditions" button.
- After receipt of the purchase offer, the customer receives an automatically generated email with which the seller confirms that he has received the order (confirmation of receipt). This confirmation of receipt does not yet represent an acceptance of the purchase offer. A contract is therefore not yet concluded with the confirmation of receipt.
- A purchase contract for the goods is only concluded if the seller within two days of receiving the offer:
- expressly accepts this (by email, fax or in writing)
- asks the buyer to order after submitting the offer
- or the goods - without prior express declaration of acceptance - sent to the buyer.
- With regard to the seller's acceptance period, the receipt of the confirmation, the delivery of the ordered goods or the customer's request for payment are decisive. If there are several of the aforementioned alternatives, the contract is concluded at the time when one of the aforementioned alternatives occurs first. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent.
- If the last day of the period falls on a Saturday, a Sunday or a public holiday recognized by the state at the seller's headquarters, the next working day will take the place of such a day.
- Since contact and order processing are mostly carried out by email, the customer must ensure that the email address given by him is correct and capable of receiving.
§ 3 prices
The prices stated on the product pages include the statutory value added tax and other price components and do not include the respective shipping costs.
§ 4 Terms of Payment and Default
- Payment can be made either by:
- Payment in advance,
- Cash on delivery,
- Credit card,
- Paypal or
- Direct debit.
- The seller reserves the right to only accept certain types of payment for individual products. These result from the payment methods mentioned under "Select payment method".
- If you choose the payment method in advance, the order confirmation contains the seller's bank details. The invoice amount must be transferred to the specified account within 14 (fourteen) days after receipt of the order confirmation.
- When paying by credit card, the purchase price is reserved on the specified credit card at the time of ordering (“authorization”). The actual debit of the credit card account takes place at the time at which the goods are dispatched.
- When paying by direct debit, the buyer bears the costs that may arise as a result of a reversal of a payment transaction due to insufficient funds or due to incorrectly transmitted bank details.
- If the payment method delivery on account is selected, the purchase price is due after the goods have been delivered and invoiced. Unless otherwise stated in the invoice, payment of the purchase price must be made within 14 days of the invoice being issued.
- If the buyer defaults on a payment, he is obliged to pay the statutory default interest in the amount of 5 percentage points above the base rate (§ 288 I BGB). A reminder fee of EUR 2.50 will be charged for each reminder letter sent after the default has occurred, unless a lower or higher damage is proven in individual cases.
§ 6 delivery; Retention of title
- Unless otherwise agreed, the goods will be delivered to the address given by the buyer.
- The goods remain the property of the seller until the purchase price has been paid in full.
§ 7 cancellation policy
As a consumer within the meaning of § 13 BGB, the buyer has a right of withdrawal. The following conditions are relevant for this:
- Right of withdrawal
- The buyer has the right to withdraw from this contract within 14 (fourteen) days without giving reasons. The cancellation period begins as soon as the buyer or a third party named by him who is not the carrier takes possession of the goods. Has.
- In order to exercise the right of withdrawal, the buyer must inform the seller
James M Gardner
1093 Wildrose Lane, 48234 Detroit
Email: [email protected]
by means of a clear statement (e.g. a letter sent by post, fax or e-mail). The buyer can use the attached cancellation form (see xyz). However, this is not mandatory.
- To meet the cancellation deadline, it is sufficient if the notification of the exercise of the right of cancellation is sent before the cancellation period has expired.
- If the contract is revoked, the seller has all payments received under the revoked purchase contract, including delivery costs (with the exception of additional costs resulting from the fact that the buyer uses a different type of delivery than that offered by the seller , has chosen the cheapest standard delivery), to be repaid immediately and at the latest within 14 (fourteen) days from the day on which the notification of the cancellation of the contract was received by the seller. The same means of payment will be used for this repayment that was used for the original transaction, unless something else was expressly agreed; In no case will a fee be charged for the repayment.
- The seller can refuse the repayment until he has received the goods back or until the buyer has provided evidence that the goods have been sent back, whichever is earlier.
- The buyer must return or hand over the goods to the seller immediately and in any case no later than 14 (fourteen) days from the date on which the cancellation of this contract was notified. The deadline is met if the buyer sends the goods before the period of 14 (fourteen) days has expired.
- The buyer bears the direct costs of returning the goods. He only has 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 to check the nature, properties and functionality of the goods.
- Exclusion of the right of withdrawal
The right of withdrawal does not apply to the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the buyer is decisive or that are clearly tailored to the personal needs of the buyer, in the case of delivery of sealed goods that are for reasons of health protection or hygiene reasons are not suitable for return if their seal has been removed after delivery or, in the case of delivery of sound and / or video recordings or computer software in a sealed package, if the seal has been removed after delivery.
- The buyer is required to announce the return of the goods in advance by telephone and to ensure that the goods are adequately packaged for transport.
- The statements made under Paragraph 3 are not required for an effective revocation.
§ 8 Warranty
(1) Unless otherwise expressly agreed, the warranty claims are based on the statutory provisions of the sales law (§§ 433ff. BGB).
(2) The limitation period for warranty claims for used items is one year, in deviation from the statutory provisions.
(3) This limitation does not apply to claims based on damage to life, limb or health or from the breach of an essential contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and compliance with which the contractual partner may regularly rely (Cardinal obligation) as well as for claims due to other damages based on an intentional or grossly negligent breach of duty by the user or his vicarious agents.
§ 9 liability
(1) The seller is fully liable for intent and gross negligence as well as in accordance with the product liability law. In the case of slight negligence, he is liable for damage resulting from injury to life, limb and health of people.
(2) In the case of slight negligence, the seller is only liable in the event of a breach of an essential contractual obligation, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the buyer could regularly rely (cardinal obligation). The amount of liability for slight negligence is limited to the damage that was foreseeable at the time the contract was concluded and the occurrence of which must typically be expected. This limitation of liability also applies in favor of vicarious agents.
§ 10 Notification of Defects
The buyer undertakes to examine the goods for defects immediately upon receipt and to notify the seller of these immediately. In this respect, the buyer carries out the seller's obligation to notify the supplier.
§ 11 data protection
The buyer agrees that the seller may transmit personal data to any suppliers in order to fulfill the business purpose in accordance with § 28 I sentence 1 BDSG.
§ 12 final provisions
(1) Should one or more provisions of these terms and conditions be or become ineffective, this shall not affect the validity of the remaining provisions.
(2) Only German law applies to contracts between the buyer and the seller, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, "UN Sales Convention"). This choice of law only applies 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.