General Terms and Conditions
- Scope of application
- Offer and Price
- Conclusion of contract / Revocation instructions
- Forwarding costs
- Notification of defects
- Product and Material Quality / Online presentation
- Guarantee rights / Liability restrictions
- Returning goods in the case of revocation
- Payment modalities, Obligation to advance payment
- Retention of title
- Offsetting, retention, reduction
- Delay in acceptance, default in payment
- Liability for Gotlands
- Data protection
- Copyright / Usufruct
- Suppliers code
Gotlands Fashion, owner Nico Seifert, operates this e-Shop and for this reason is the contractual partner of the customer, who orders goods online. In the following the abbreviation, Gotlands, is partially used. If the word customer is used in the following General Terms of Business, the word refers to both male and female customers.
1. Scope of application
The following General Terms of Business exclusively apply to the business relationship between Gotlands and the customer. Any terms of the customer which deviate from these General Terms, as well as any deviating or supplementary agreements, must be approved and confirmed in writing by Gotlands before becoming effective.
2. Offer and Price
All prices are stated in EUROs including the pertinent VAT. The VAT rate and share is listed in every invoice.
3. Conclusion of contract / Revocation instructions
The internet catalogue of Gotlands merely represents a sales prospectus; by displaying products on the web pages, Gotlands merely invites the customer to place offers (orders). By way of communication of an email with the respective data for transfer, Gotlands accepts the order.
Right to revocation
You can revoke your contractual declaration in writing within two weeks, without specifying reasons (eg. as a letter, fax, email), or by returning the goods. The period begins, at the earliest, on receiving the goods and these instructions. Timely sending of the revocation or goods ensures the observance of the period of revocation. The revocation is to be appropriately addressed to:
Gotlands Bismarckstrasse 11, 35390 Giessen, Fax: +49 641 9312912 or Email: firstname.lastname@example.org
Consequences of revocation
In the case of an effective revocation, the performances received by both sides are to be returned, and any use acquired (eg. interest) also passed on. If you can not return the performance received to us completely, or partially, or only in a deteriorated condition, you are obliged to provide us with compensation for lost value. This does not apply for the abandoning of goods, if the deterioration of the goods was established exclusively on its inspection – as would have been possible in a normal shop. You can also avoid obligation to compensation for lost value by not using the goods as your property, and by avoiding doing anything with or to the goods which impairs its value. Goods which can be sent by packet are to be returned at our cost and risk. You must fulfil any obligations for the reimbursement of payments within 30 days of sending your revocation declaration.
End of revocation instructions
Gotlands delivers to the address specified by the customer. Delivery to post office boxes is excluded. On delivery to the customer, the risk for damage passes on to the customer, or on occurrence of delay in acceptance (refer to No. 10) by the customer. If the customer receives goods obviously damaged by transport, he can return the goods at the cost and risk of Gotlands (refer to 4.2. and 6. accordingly). Delivery periods are non-binding, unless another regulation has been made by way of express approval. Gotlands delivers only as long as stocks last. Damages arising from non-delivery, and which do not arise on account of gross negligence or intent on the part of Gotlands, can not be asserted.
5. Forwarding costs
Germany: flat-rate forwarding costs € 8.00. For C.O.D. packages, we will charge additional fees. Please click here for a complete overview. Any customs charges arising will be borne by the customer. If a shipment is executed in several deliveries for logistic reasons, we charge the forwarding cost participation once.
6. Notification of Defects
Please inform Gotlands of obvious defects of goods, including transport damage, immediately, or at the latest within 10 days of delivery of the goods. After this period guarantee rights concerning obvious defects are excluded.
7. Product and Material Quality / Online presentation
The products offered are all of the highest quality. Some models are almost completely handmade. On account of the natural products processed in manufacture, deviations in colouring and pattern are an expression of the uniqueness of each product, and do not represent a defect. The articles illustrated serve as an example for the respective model description, and need not be identical with the goods you have ordered. Despite our efforts to ensure a realistic presentation, the colouring and pattern of the product delivered to you may vary to the appropriate screen presentation.
8. Guarantee rights / Liability restrictions
Before dispatch, all products are carefully inspected. However, if there is a defect, the customer is entitled to demand subsequent delivery (new delivery or correction of defect). New delivery is only possible as long as stocks last. Gotlands is entitled to refer the customer to a new delivery, if the correction of the defect involves disproportionate expenditure. If subsequent delivery fails, the customer can withdraw from the contract, or reduce the purchase price and assert any claims or replacements of lost expense, provided such conditions exist. Guarantee claims are statute-barred after 2 years after delivery of the goods. If subsequent delivery is not possible, the customer can only demand back the purchase price. Gotlands is not liable for damages which have not arisen on the goods themselves, especially for lost profit and other financial damage. Liability against Gotlands can only be asserted, if the cause of damage was intent or gross negligence, or if there is personal injury. This also applies for the personal liability of staff, representatives and persons employed in the performance of obligations. The aforementioned does not apply for claims pursuant to §§ 1.4 Product Liability Law.
The customer can assert a claim on guarantee by specifying his name and address, and providing a brief summary of the reasons, within the aforementioned period – by email to the following address: email@example.com – by post to the following address: Nico Seifert, Gotlands Fashion, Bismarckstrasse 11, 35390 Giessen - or by phone, on: +49 641 9312911 or +49 641 3405951. On request, the customer forwards the defective goods for inspection, at the cost and risk of Gotlands, to the following address: Nico Seifert, Gotlands Fashion, Bismarckstrasse 11, 35390 Giessen . The customer uses the original packaging when returning the goods. If the goods are made up of several individual parts, the customer returns the parts to their original state of delivery.
9. Returning goods in the case of revocation
The customer uses the original packaging when returning the goods; if the goods are made up of several individual parts, the goods have to be returned to their original state of delivery. The goods are to be sent assured, or handed in at the post office. Returned goods are sent to: Nico Seifert, Gotlands Fashion, Bismarckstrasse 11, 35390 Giessen. For returns from Belgium, England, Italy, Luxembourg, the Netherlands, Austria, Portugal, Sweden and Spain, the customer can cover a share of up to an amount of €25.00 for the resultant forwarding costs.
10. Payment modalities, Obligations to advance payment
Gotlands only supplies after prior transfer, or via C.O.D. In the case of transfer, Gotlands forwards the goods immediately after receipt of payment.
11. Retention of title
The goods delivered remain the property of Gotlands until full payment has been made.
12. Offsetting, retention, reduction
The customer is only entitled to offset or reduce payment, if his counter-claims have been recognized by declaratory judgement or recognized in writing by Gotlands. He is only entitled to exercise a right of retention, if his counter-claim is based on the same contractual relationship.
13. Delay in acceptance, default in payment
If the customer does not accept the goods at the agreed place of delivery, or does not collect the goods within an appropriate period from the post office, any consequences will be borne by the customer. Costs for transport accrue again in the case of renewed forwarding. If the customer is in default in payment, Gotlands is entitled to demand default interest amounting to 5% points above the basic interest rate p.a.. If Gotlands can provide evidence of higher damage due to default, Gotlands is entitled to assert such damage claims.
14. Liability of Gotlands
In so far as liability has not been regulated in the foregoing items, Gotlands excludes its liability. This does not apply for gross negligence and intent, as well as for personal injury.
15. Data protection
Personal-related data which become known to Gotlands in the course of a business relationship are stored and, if necessary, passed on to affiliated companies for the purpose of order processing. All data are treated confidentially. The customer is aware of the possibility of the passing on of data within the scope of payment modalities (item 7 of these GTB). Gotlands uses such data to provide the customer with further information concerning new products (email newsletter). If the customer does not wish to receive such information, he can notify such accordingly with his order, or subsequently cancel the newsletter at any time. Data are not used for further advertising purposes or passed on. The data protection interests of the customer will be considered by Gotlands at all times.
German law applies to all contracts and agreements between the customer and Gotlands, on exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). This also applies to orders made abroad and deliveries to other countries. If shipment is to be made to Belgium, England, Italy, Luxembourg, the Netherlands, Austria, Portugal, Sweden and Spain, the law of the respective country to which the goods are to be sent is agreed as applicable concerning the issue of assumption of return costs in the case of revocation of the contract. Giessen is the exclusive venue of jurisdiction for any disputes resulting from the contractual relationship with customers, who are not consumers in terms of the BGB. If any term of these GTB is ineffective, the remaining terms remain unaffected.
17. Copyright / Usufruct
All rights of use and exploitation are possessed by Mr. Nico Seifert, Gotlands Fashion, Copyright © Nico Seifert. The pages of this e-shop and the image material contained are protected by copyright. Publication, copying, distribution, imitation and processing is only permitted after receiving written approval from Gotlands.
18. Suppliers code
Address: Gotlands Fashion, Bismarckstrasse 11, D-35390 Giessen Telephone: +49 641 9312911 Fax: +49 641 9312912 E-Mail: firstname.lastname@example.org. Owner: Nico Seifert. Turnover tax identification number: DE 213905964