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Terms and Conditions

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1. Scope of Application and General Information

1.1. These General Terms and Conditions (hereinafter referred to as "GTC") of "Thomas Gerst" (hereinafter referred to as "Seller"), apply to all contracts concluded by a consumer or entrepreneur (hereinafter referred to as "Customer") with the Seller regarding the goods offered by the Seller in his online shop. The inclusion of the Customer's own terms and conditions is explicitly objected to, unless otherwise agreed.

1.2. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor attributable to their independent professional activity.

1.3. An entrepreneur 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 presentation of goods, particularly in the online shop, does not yet constitute a binding offer by the Seller.

2.2. First, the Customer places the selected goods into the shopping cart. In the subsequent step, the ordering process begins, during which all data required for order processing is collected. At the end of the ordering process, a summary of the order and contract data appears. Only after confirming this order and contract data by clicking the button that concludes the ordering process does the Customer submit a binding offer to purchase the goods contained in the shopping cart.

The Customer can also submit this offer to the Seller by fax, email, post, or telephone.

2.3. The Seller accepts the Customer's offer through one of the following alternatives:

  • Sending a written order confirmation or an order confirmation in text form (fax or email), OR

  • Requesting payment from the Customer after the order has been placed, OR

  • Delivering the ordered goods.

The decisive factor for the time of acceptance is the alternative that occurs first.

The period for accepting the offer begins on the day after the offer is sent by the Customer and ends at the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this constitutes a rejection of the offer. The Customer is then no longer bound by their declaration of intent.

2.4. If the payment method "PayPal Express" is selected, payment processing is handled by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"). The PayPal User Agreement applies, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or, for customers without their own PayPal account, at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

If the Customer selects the payment method "PayPal" or "PayPal Express" for their purchase, they submit their offer by clicking the button that concludes the ordering process. If the Customer simultaneously issues the payment order to PayPal by clicking this button, the Seller declares, in deviation from the above regulations, the acceptance of the Customer's offer at the time the payment order is issued.

2.5. The text of the contract concluded between the Seller and the Customer is stored by the Seller. The Customer can view the General Terms and Conditions on this page at any time. The order data, the cancellation policy, and the GTC will be sent to the Customer via email. After completion of the order, the contract text is no longer accessible to the Customer online.

2.6. All entries made are displayed before clicking the order button and can be viewed by the Customer prior to sending the order. They can be corrected using the browser's back button or the standard mouse and keyboard functions. In addition, buttons for correction are available to the Customer, if applicable, which are labeled accordingly.

2.7. The contract language is German.

2.8. It is the Customer's responsibility to provide a correct email address for contact and order processing, as well as to configure filter functions so that emails concerning this order can be delivered.

 

3. Prices and Payment Terms

3.1. The displayed prices are final prices including statutory value-added tax (VAT), unless otherwise agreed. If additional shipping costs apply, this will be stated in the product description.

3.2. The Customer can choose from the payment methods available in the online shop.

3.3. In the case of prepayment via bank transfer, payment is due immediately after conclusion of the contract, unless otherwise agreed.

3.4. When paying via "PayPal", payment processing is carried out via PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. The PayPal Terms of Use apply. These can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.

 

4. Delivery and Shipping Conditions

4.1. The delivery of goods by shipping route is made to the delivery address specified by the Customer. Deviating from this, when paying via PayPal, the delivery address deposited by the Customer with PayPal at the time of payment is decisive.

4.2. If the Seller incurs additional costs due to the provision of an incorrect delivery address, an incorrect recipient, or other circumstances that lead to the impossibility of delivery, these must be reimbursed by the Customer, unless they are not responsible for the incorrect information or impossibility. The same applies in the event that the Customer was temporarily prevented from accepting the performance, unless the Seller had given reasonable prior notice of the performance. Excluded from this regulation are the costs of outbound shipping if the Customer has effectively exercised their right of withdrawal. In this case, the statutory rules or the rules established by the Seller remain in place.

4.3. The risk of accidental destruction and accidental deterioration of the sold goods passes 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, provided that the Customer is an entrepreneur. If the Customer is a consumer, the transfer of risk generally only takes place when the goods are handed over to the Customer or an authorized recipient.

Deviating from this, the transfer of risk also takes place for 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 has commissioned the forwarder, the carrier, or the person or institution otherwise designated to carry out the shipment themselves and the Seller has not previously named this person or institution to the Customer.

4.4. The contract is concluded subject to the reservation that, in the event of improper, delayed, or non-existent delivery to ourselves, we will not perform or will perform only partially or correspondingly later. This only applies in the event that a congruent hedging transaction exists between the Seller and the supplier, the improper, delayed, or non-existent self-delivery is not the fault of the Seller, and cannot be remedied by him with reasonable effort. In the event of unavailability or only partial availability of the goods, the Customer will be informed immediately. Any payment made will be refunded promptly.

4.5. Self-pickup is not offered.

 

5. Right of Withdrawal

5.1. If the Customer is a consumer, they are generally entitled to a right of withdrawal.

5.2. The Seller's cancellation policy applies to the right of withdrawal.

5.3. Consumers who do not belong to a member state of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract are not entitled to a right of withdrawal.

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6. Retention of Title

6.1. In contracts with consumers, the goods remain the property of the Seller until full payment has been received.

6.2. In contracts with entrepreneurs, the goods remain the property of the Seller until all claims arising from an ongoing business relationship have been fully settled.

6.3. If the Customer acts as an entrepreneur, they are entitled to resell the reserved goods in the ordinary course of business. The Customer assigns to the Seller in advance all claims against third parties arising from the resale up to the respective invoice value (including value-added tax). This assignment applies regardless of whether the reserved goods have been resold without or after further processing. The Customer remains authorized to collect claims even after the assignment, but this does not affect the Seller's right to collect the claims himself. However, the Seller will refrain from collecting the claims as long as the Customer meets their payment obligations to the Seller, does not fall into arrears, and no application for the opening of insolvency proceedings has been filed against the Customer.

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7. Liability for Defects (Warranty)

Unless otherwise agreed, the provisions of statutory liability for defects shall apply.

7.1. If the Customer acts as an entrepreneur:

  • The Seller has the choice of the type of subsequent performance (Nacherfüllung);

  • In the case of used goods, rights and claims due to defects are generally excluded;

  • In the case of new goods, the limitation period for defects is one year from the transfer of risk;

  • The limitation period does not start anew if a replacement delivery has been made within the scope of liability for defects.

7.2. The statutory limitation periods for the right of recourse of an entrepreneur pursuant to § 478 BGB (German Civil Code) remain unaffected.

7.3. If the Customer acts as a merchant within the meaning of § 1 HGB (German Commercial Code), they are subject to the commercial duty to inspect and give notice of defects pursuant to § 377 HGB.

7.4. If the Customer acts as a consumer, they are requested to report received goods with obvious transport damage to the delivery agent and to inform the Seller thereof. It is expressly clarified that the Customer's statutory or contractual claims for defects will not be affected if the Customer fails to comply with this request.

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8. Liability

The liability of the Seller arising from all contractual, quasi-contractual, statutory, and tortious claims for damages and reimbursement of expenses is determined as follows:

8.1. The Seller is liable without limitation only for damages resulting from intentional or grossly negligent behavior. In the event of injury to life, body, and health, and the breach of essential contractual obligations (Kardinalpflichten), the Seller is also liable for slight negligence.

An essential contractual obligation is one whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner regularly relies and may rely.

The Seller is also liable as regulated above on the basis of a guarantee promise, unless otherwise regulated in this regard.

This also applies to indirect consequential damages, in particular loss of profit, and to mandatory liability such as under the Product Liability Act (Produkthaftungsgesetz).

8.2. Except in the case of intentional or grossly negligent behavior, or damages resulting from injury to life, body, and health, and the breach of essential contractual obligations (Kardinalpflichten), liability is limited to damages typically foreseeable at the time the contract was concluded and, otherwise, in terms of amount, to average damages typical for the contract. This also applies to indirect consequential damages, in particular loss of profit.

8.3. In all other respects, any liability of the Seller is excluded.

8.4. The above liability regulations also apply mutatis mutandis in favor of the Seller's employees and vicarious agents.

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9. Applicable Law

9.1. The law of the Federal Republic of Germany shall apply, excluding the laws on the international purchase of movable goods (CISG). The statutory provisions restricting the choice of law and the applicability of mandatory regulations, in particular of the state in which the Customer has their habitual residence as a consumer, remain unaffected.

9.2. This choice of law made here does not apply with regard to the statutory right of withdrawal for consumers if they do not belong to a member state of the European Union at the time the contract is concluded and whose sole residence and delivery address are outside the European Union at the time the contract is concluded.

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10. Information on Online Dispute Resolution

The platform for online dispute resolution of the EU Commission can be accessed on the internet at the following link: https://ec.europa.eu/odr

We are neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

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