T&Cs
Terms and Conditions
of GitterGewitter UG (limited liability) for business transactions in the online shop (Online Shop T&Cs) (As of February 2024)
1. General - Scope
1.1 Our Online Shop T&Cs apply to all transactions between us,
GitterGewitter UG (limited liability)
Im Löwental 60
45239 Essen
Germany
Managing Directors: Christoph Seiler, Jörg Möller
Responsible for content according to § 5 TMG:
Content. Responsible: Christoph Seiler
Address of the content. Responsible: In Löwental 60, 45239 Essen, Germany
VAT ID: DE363337158
Competent Court: Local Court Essen
Commercial Register Number: HRB 34611,
Fone: +49 221 30191946
Web: www.gittergewitter.de
E-Mail: info@gittergewitter.de
and our customers (hereinafter referred to as "Buyer") regarding the sale and/or delivery of movable goods (hereinafter also referred to as "Goods") that are concluded through our webshop under the domain gittergeitter.de. The provisions of Sections 1 and 2 apply to buyers who order as consumers within the meaning of Section 13 of the German Civil Code (BGB); for buyers who order as entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB) or as a legal entity under public law or a special public fund, the provisions in Section 3 additionally apply.
1.2 The buyer is a consumer if the purpose of the order cannot be attributed predominantly to either their commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who acts in the conclusion of the contract in the exercise of their commercial or independent professional activity.
1.3 We do not accept any terms and conditions of the customer that deviate from or contradict these T&Cs. This also applies if we do not expressly object to their inclusion.
1.4 The contract language is exclusively German.
2. Ordering as a Consumer
2.1 Offers, Conclusion of Contract, Product Information
2.1.1 The presentation and promotion of items in our online shop do not constitute a binding offer to conclude a purchase contract.
2.1.2 The buyer can select products from our range in the webshop and add them to a shopping cart for purchase. Details about our webshop, the possibility of registration, and the ordering process are described on our homepage at https://www.shop.gittergewitter.de/bestellung/.
2.1.3 The order constitutes the buyer's binding offer to us to conclude a contract. The buyer is bound to their order for a period of 2 (two) weeks after submitting the order. We will promptly send the buyer an acknowledgment of receipt by email to the email address provided by the buyer, listing the buyer's order and which the buyer can print if necessary. The acknowledgment of receipt serves only to inform the buyer that their order has been received by us. The acknowledgment of receipt does not constitute acceptance of the offer. The contract is only concluded when we accept the order within the offer period by means of a separate declaration of acceptance or by delivering the ordered goods.
2.1.4 If delivery of an ordered item is not possible, for example because the item is not in stock, we will refrain from accepting the order. In this case, no contract is concluded. We will inform the buyer of this immediately and promptly refund any consideration already provided.
2.1.5 The order is electronically stored and can be accessed at any time by registered buyers via a customer account created during registration.
2.1.6 Information provided by us regarding the subject matter of the delivery or service (e.g., weights, dimensions, utility values, load-bearing capacity, tolerances, and technical data), as well as our representations thereof (e.g., drawings and illustrations), are only approximate, unless precise conformity is required for the contractually intended purpose. They do not constitute guaranteed characteristics but rather descriptions or designations of the delivery or service. Commercially customary deviations and deviations resulting from legal requirements or technical improvements, as well as the replacement of components with equivalent parts, are permissible as long as they do not impair the suitability for the contractually intended purpose.
2.2 Right of Withdrawal, Withdrawal Policy
In the case of an order as a consumer, the buyer has a right of withdrawal within the legal provisions, which we inform the buyer about with an explicit withdrawal policy when placing the order.
2.3 Delivery and Shipping Costs, Delivery Time
2.3.1 Unless otherwise agreed, the goods are shipped at our discretion, for example, by parcel service or freight forwarder. The shipping costs are separately indicated to the buyer when placing the order and are to be borne by the buyer.
2.3.2 Deliveries to third countries: We generally deliver duty unpaid/untaxed, i.e., any costs for customs clearance and duties are also to be paid by the buyer. These are usually invoiced separately by the carrier or parcel service.
2.3.3 Our liability in case of delay is determined in accordance with Section 2.5.
2.3.4 Our VAT number for France is ##############.
2.4 Payment Terms, Offset
2.4.1 We provide information about available payment methods on our website and also during the ordering process.
2.4.2 Payment of the purchase price is due immediately upon conclusion of the contract in accordance with Clause 2.1.5. If the payment becomes due on a specific date, the buyer is in default upon missing the deadline, even without a reminder.
2.4.3 The buyer is entitled to set-off rights only if their counterclaims have been legally established or are undisputed. In the event of defects, the buyer's rights to set-off against payment claims arising from these defects remain unaffected.
2.4.4 If the billing address for third countries needs to be rewritten afterwards, we will charge a processing fee of up to €15.00. The request for invoice modification must be made in writing to us and must be made promptly after the performance date.
2.5 Buyer's Claims for Defects
2.5.1 The statutory provisions apply to the buyer's rights due to defects in quality and title of the goods, unless otherwise specified below.
2.5.2 If the delivered item is defective, we may initially choose whether we will remedy the defect (rectification) or deliver a defect-free item (replacement). Our right to refuse the chosen type of subsequent performance under the statutory conditions remains unaffected.
2.5.3 If a demand for rectification of defects by the buyer proves to be unjustified, we may demand reimbursement of the costs incurred as a result from the buyer.
2.5.4 If subsequent performance has failed or if a reasonable period to be set by the buyer for subsequent performance has expired or is dispensable under statutory provisions, the buyer may withdraw from the contract or reduce the purchase price/compensation. However, there is no right of withdrawal for minor defects.
2.5.5 Claims of the buyer for damages or reimbursement of futile expenses exist only in accordance with Section 2.6 and are otherwise excluded.
2.6 Other Liability
2.6.1 Unless otherwise provided in these Online Shop T&Cs, we are liable for breaches of contractual and non-contractual obligations in accordance with the relevant statutory provisions.
2.6.2 We are liable for damages – regardless of the legal basis – in cases of intent and gross negligence. In cases of ordinary negligence, we are only liable:
2.6.2.1 for damages arising from injury to life, body, or health,
2.6.2.2 for damages resulting from the breach of a fundamental contractual obligation (obligation, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance with which the contractual partner regularly relies and may rely); in this case,
however, our liability is limited to compensation for the foreseeable, typically occurring damage.
2.6.3 The limitations of liability resulting from Section 2.6 do not apply if we have fraudulently concealed a defect or have assumed a guarantee for the quality of the goods. The same applies to claims of the buyer under the Product Liability Act.
2.7 Retention of Title
We reserve ownership of the goods delivered by us until full payment of the purchase price for these goods.
2.8 Data Processing Information
2.8.1 For the execution of the contract, we collect and process the buyer's data provided during the order process. We comply with the provisions of the Federal Data Protection Act and the Telemedia Act. Without the buyer's consent, we will only collect, process, or use inventory and usage data to the extent necessary for the execution of the contractual relationship and for the use and billing of telemedia.
2.8.2 Without the buyer's consent, we will not use the buyer's data for advertising, market research, or opinion polling purposes.
2.8.3 The buyer has the option to register with us as a customer and to store their data beyond individual orders in a customer account. The registered buyer can access and modify the data stored in their profile at any time via the link Log In / User Account. With regard to the buyer's consents and further information on data collection, processing, and use, reference is made to the privacy policy, which can be accessed on our website at any time via the link Privacy.
2.9 Choice of Law
For these Online Shop T&Cs and the contract between us and the buyer, the law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
However, this choice of law does not result in depriving the consumer of the protection granted to them by the provisions that cannot be derogated from by agreement under the law that would apply in the absence of such choice of law, pursuant to Article 6(2) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I). This means that for a buyer who orders as a consumer, regardless of the choice of German law, the protection granted to them by mandatory provisions of the law of the state in which they have their habitual residence applies.
3. Entrepreneurial Buyers
3.1 Scope
3.1.1 This Section 3 applies exclusively to buyers who order as entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB) or as legal entities under public law or special funds under public law in our webshop (hereinafter referred to as "entrepreneurial buyers"). Insofar as no special or deviating provision is made below, the preceding Sections 1 and 2 of these Online Shop T&Cs also apply to entrepreneurial buyers.
3.1.2 Our Online Shop T&Cs apply exclusively. Deviating, conflicting, or supplementary general terms and conditions of the entrepreneurial buyer become part of the contract only to the extent that we have expressly agreed to their validity. This requirement of consent applies in any case, including if we carry out the delivery to the buyer without reservation while being aware of the buyer's terms and conditions.
3.2 Right of Withdrawal, Withdrawal Policy
In contrast to Section 2.2 above, entrepreneurial buyers do not have a right of withdrawal.
3.3 Offset, Retention, Place of Performance, Restocking
3.3.1 Offset or retention rights are only available to the entrepreneurial buyer if their counterclaims have been legally established or are undisputed. Clause 3.4.3 remains unaffected in the event of defects.
3.3.2 The place of performance for all obligations of both parties is our office in Essen, unless a different place of performance has been expressly agreed for a specific obligation to perform.
3.3.3 We only accept returned goods in cases provided for by law (in particular after justified withdrawal or rescission) or if we agree to take back the goods in the individual case with the buyer. A general right of return is not agreed upon.
If we are not legally obligated to take back the goods and have not agreed otherwise with the buyer in advance, we only accept returned or surrendered goods against payment of a fee ("restocking fee"). The restocking fee is 25% of the agreed gross sales price of the returned or surrendered goods. The buyer accepts this restocking offer by returning or surrendering the respective goods. If we incur damages due to an unjustified return or surrender of sold goods, we are entitled to demand a lump-sum compensation from the buyer as minimum damages in the amount of the restocking fee. The buyer reserves the right to prove that no damage or significantly lower damage than the lump sum has been incurred by us. Any restocking fee paid will be credited towards the damages. We reserve the right to assert further claims.
3.3.4 If the billing address needs to be rewritten afterwards, we will charge a processing fee of up to €15.00. The request for invoice modification must be made in writing to us and must be made promptly after the performance date.
3.4 Buyer's Claims for Defects
3.4.1 The statutory provisions apply to the buyer's rights due to defects in quality and title of the goods, unless otherwise specified below. In any case, the statutory special provisions for the final delivery of the goods to a consumer (supplier recourse according to §§ 478, 479 BGB) remain unaffected.
3.4.2 The buyer's claims for defects presuppose that the buyer has fulfilled their statutory obligations to inspect and give notice of defects (§ 377 HGB). If a defect becomes apparent during the inspection or later, written notice must be given to us immediately. Regardless of this obligation to inspect and notify of defects, the entrepreneurial buyer must notify obvious defects (including incorrect and short delivery) immediately upon receipt of the goods in writing. If the entrepreneurial buyer fails to carry out the proper inspection and/or send the notice of defects, our liability for the defect not or not timely reported is excluded.
3.4.3 We are entitled to make the owed subsequent performance dependent on the entrepreneurial buyer paying the due purchase price/compensation. However, the entrepreneurial buyer is entitled to retain a proportionate part of the purchase price/compensation in relation to the defect.
3.4.4 Otherwise, the provisions in Section 3.5 apply.
3.5 Retention of Title with regard to Entrepreneurial Buyers
We reserve ownership of the goods delivered by us until full payment of all current and future claims from the delivery contract and an ongoing business relationship (secured claims); in the case of an existing current account relationship, the reservation applies to the recognized balance.
3.6 Jurisdiction
If the buyer is a merchant, a legal entity under public law, or a special fund under public law, our place of business is the place of jurisdiction; however, we are also entitled to sue the buyer at their place of business or at any other permissible place of jurisdiction in individual cases.