Terms of Service
General terms and conditions with customer information
Table of contents
- Conclusion of contract
- Right of withdrawal
- Prices and terms of payment
- Delivery and shipping conditions
- Retention of title
- Liability for defects (warranty)
- Redemption of promotion vouchers
- Applicable law
- Alternative dispute resolution
1) Scope of application
1.1 Diese General Terms and Conditions (hereinafter "Terms and Conditions") of Philipp Buchale, trading under "GEARJUNK.COM" (hereinafter "Seller"), apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller with regard to the goods displayed by the Seller in his online shop. Herewith the inclusion of the customer's own terms and conditions is contradicted, unless otherwise agreed.
1.2 Verbraucher in the sense of these AGB is each natural person, who locks a legal transaction for purposes, which can be added predominantly neither their commercial nor their independent vocational activity. Entrepreneur in the sense of these GTC is a natural or legal person or a partnership with legal capacity, which acts in exercise of its commercial or independent professional activity when concluding a legal transaction.
2) Conclusion of contract
2.1 Die product descriptions contained in the online shop of the seller do not represent binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2 Der customer can submit the offer via the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button concluding the ordering process.
2.3 Der Seller can accept the offer of the customer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
- by requesting the customer to pay after placing his order.
If there are several of the aforementioned alternatives, the contract is concluded at the point in time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the customer sends the offer and ends at the end 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 shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.
2.5 Bei of the submission of an offer via the online order form of the seller, the text of the contract will be stored 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 sending his order. The seller will not make the text of the contract 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 by the customer free of charge via his password-protected user account by entering the corresponding login data.
2.6 Vor binding submission of the order via the seller's online order form, the customer can detect 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 during the electronic ordering process using the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.
2.7 Für the conclusion of the contract the German and the English language are available.
2.8 Die Order processing and contact are usually carried out by 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 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 by the seller with order processing can be delivered.
3) Right of revocation
3.1 Verbrauchern is basically entitled to a right of withdrawal.
3.2 Nähere Information on the right of revocation results from the revocation instruction of the seller.
3.3 Das The right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time of the conclusion of the contract and whose sole residence and delivery address is outside the European Union at the time of the conclusion of the contract.
4) Prices and terms of payment
4.1 Sofern from the product description of the salesman nothing else results, it concerns with the indicated prices total prices, which contain the legal value added tax. Any additional delivery and shipping costs that may be incurred will be indicated separately in the respective product description.
4.2 Bei Deliveries to countries outside the European Union may in individual cases incur additional costs for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of funds through credit institutions (e.g. transfer fees, exchange rate charges) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of money if the delivery is not to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 Die Payment option(s) is/are communicated to the customer in the online shop of the seller.
4.4 Ist If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
5) Delivery and shipping conditions
5.1 Die Delivery of goods is carried out on the dispatch route to the delivery address indicated by the customer, unless otherwise agreed. For the processing of the transaction, the delivery address given in the order processing of the seller is decisive.
5.2 Scheitert the delivery of the goods for reasons for which the customer is responsible, the customer bears the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs for the return shipment if the customer effectively exercises his right of revocation. In the event of effective exercise of the right of revocation by the customer, the provision made in the seller's revocation policy shall apply to the return costs.
5.3 Selbstabholung is not possible for logistical reasons.
6) Retention of title
If the seller makes advance payment, he reserves the right of ownership of the delivered goods until full payment of the purchase price owed.
7) Liability for defects (warranty)
7.1 Ist the purchased item is defective, the provisions of the statutory liability for defects shall apply.
7.2 Der Customer is asked to complain about delivered goods with obvious transport damages to the deliverer and to inform the seller. If the customer does not comply with this, this has no effect on his legal or contractual claims for defects.
8) Redemption of promotion vouchers
8.1 Gutscheine, which are issued free of charge by the seller within the scope of promotions with a certain period of validity and which cannot be purchased by the customer (hereinafter "promotion vouchers"), can only be redeemed in the seller's online shop and only during the specified period.
8.2 Aktionsgutscheine can be redeemed only by consumers.
8.3 Einzelne Products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotion voucher.
8.4 Aktionsgutscheine can only be redeemed before completion of the order process. A subsequent offsetting is not possible.
8.5 Pro Only one promotion voucher can be redeemed at a time.
8.6 Der The value of goods must at least correspond to the amount of the promotion voucher. Any remaining credit will not be refunded by the seller.
8.7 Reicht the value of the promotion voucher to cover the order, can be chosen to settle the difference one of the other payment methods offered by the seller.
8.8 Das The credit balance of a promotion voucher is neither paid out in cash nor does it bear interest.
8.9 Der Promotional voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of his statutory right of cancellation.
8.10 Der Promotional voucher is transferable. The seller can make payment with discharging effect to the respective owner who redeems the promotion voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorisation, legal incapacity or lack of authorisation to represent the respective owner.
9) Applicable law
9.1 Für all legal relations of the parties are subject to the law of the Federal Republic of Germany excluding the laws on the international purchase of movable goods. In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
9.2 Ferner, this choice of law with regard to the statutory right of revocation does not apply to consumers who do not belong to a member state of the European Union at the time of the conclusion of the contract and whose sole residence and delivery address are outside the European Union at the time of the conclusion of the contract.
10) Alternative dispute resolution
10.1 Die The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
10.2 Der Seller is not obliged to participate in a dispute resolution procedure before a consumer arbitration board, but is generally willing to do so.