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Terms and Conditions
1. Preamble and Scope
The following General Terms and Conditions (GTC) apply to all business relationships between the customer and GCG Global Consumer Goods Trading GmbH, Werk strasse 4, 24955 Harrislee , (hereinafter referred to as GCG Trading). The version of these GTC valid at the time the contract is concluded is decisive. These GTC apply exclusively; conflicting or deviating terms and conditions of the customer are not recognized unless GCG Trading has expressly agreed to their validity in writing.
Customers of GCG Trading and within the meaning of these terms and conditions can only be entrepreneurs, municipalities or associations.
According to § 14 BGB, an entrepreneur within the meaning of the GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction with GCG Trading, acts in the exercise of their commercial activity or self-employed professional activity. An incorporated partnership is a partnership endowed with the capacity to acquire rights and incur liabilities. A customer who represents a special fund under public law is also considered an entrepreneur in this sense.
2. Conclusion of contract, delivery and warranty
1. With his order, the customer makes a binding offer to GCG Trading to conclude a contract with the relevant content. Orders can be placed with GCG Trading in writing or electronically. The customer's order represents a binding offer. Receipt of the order will be confirmed immediately upon receipt by GCG Trading. The purchase contract is only concluded when the goods are sent to the customer or when an order confirmation is sent (in writing or by e-mail). If the customer requests an offer of goods from GCG Trading, GCG Trading will send the customer a corresponding offer to purchase the goods in writing or by email. The customer can accept this offer by submitting a corresponding declaration of acceptance to GCG Trading. In this respect, the contract is concluded through individual communication between GCG Trading and the customer.
2. The goods are usually delivered within the period specified in the offer by a company commissioned by GCG Trading (hereinafter referred to as the service provider) to the delivery address specified by the customer. The shipping costs incurred will be communicated to the customer with the order confirmation.
3. The customer must ensure that the goods arrive immediately after arrival at the specified delivery address and on the expected delivery date, so that there are no delays for the deliverer.
If an ordered item cannot be delivered because GCG Trading is not supplied by its suppliers through no fault of its own despite contractual obligations on the part of the supplier, GCG Trading is entitled to withdraw from the contract. In this case, GCG Trading will inform the customer immediately that the ordered item is no longer available and will immediately refund any consideration already paid.
4. Force majeure, war, terrorism, suspicion of terrorism, riot, strike, lockout, disruption to the supply of raw materials and energy or other events which GCG Trading cannot avert despite exercising reasonable care and which prevent the provision of the service, release GCG Trading the delivery and performance obligation for the respective duration of these disruptive events.
5. Notification of Defects and Warranty
The statutory warranty provisions apply, which are restricted as follows.
If the purchase is a commercial transaction for both parties, the customer must examine the goods immediately upon receipt, insofar as this is feasible in the ordinary course of business, and if a defect is found, this must be reported to GCG Trading immediately. If he fails to do so, the goods shall be deemed to have been approved, unless there is a defect that cannot be identified during the inspection. For the rest, §§ 377 ff. HGB apply. The warranty period for new goods is one year for mutual commercial transactions; there are no claims for defects in the case of used goods.
GCG Trading assumes no liability for defects and damage caused by improper handling and storage of the goods by the customer.
The abbreviation or exclusion above does not apply to
1. Damage culpably caused by GCG Trading resulting from injury to life, limb or health, as well as other damage insofar as this is based on intent or gross negligence on the part of GCG Trading.
2. if GCG Trading fraudulently concealed the defect or assumed a guarantee for the quality of the goods.
3. For items that are normally used for a building in accordance with their intended use and have caused the building to be defective.
4. In the case of statutory recourse claims for defects that you are entitled to against GCG Trading.
3. Retention of title and transfer of risk
1. The risk of loss or damage to the goods passes to the customer as soon as GCG Trading has handed over the ordered goods to the service provider.
2. GCG Trading retains ownership of the goods until all claims against the customer have been settled, even if the goods in question have already been paid for. The customer must inform GCG Trading immediately of the goods subject to retention of title and hand over the documents required for an intervention about enforcement measures by third parties; this also applies to other types of impairments. Irrespective of this, the customer must inform third parties in advance of the rights to the goods. The customer bears the costs of an intervention by the user if the third party is not able to reimburse them.
In the event of the resale/rental of the reserved goods, the customer hereby assigns to GCG Trading the claims from these transactions against his customer as security.
If the reserved goods are processed, transformed or connected to another thing, GCG Trading acquires direct ownership of the manufactured thing. These are considered reserved goods.
If the value of the securities exceeds GCG Trading's claims against the customer by more than 20%, GCG Trading shall be obliged at the customer's request, at GCG Trading's option, to release the securities to which GCG Trading is entitled to a corresponding extent.
4. Prices
Unless otherwise stated, GCG Trading prices are net plus statutory sales tax.
5. Payment, default
1. Payment is made in advance or SEPA company direct debit mandate, unless otherwise individually agreed.
2. If payment by invoice has been agreed in individual cases, this must be paid within 14 days of receipt of the invoice without any deductions, unless something else has been individually agreed. When paying by SEPA company direct debit mandate, the payment is only deemed to have been made when it has been credited.
3. If the customer defaults on payment, the statutory provisions apply.
6. Limitation of Liability
GCG Trading is only liable in the event of intent and gross negligence. GCG Trading is also liable for the negligent breach of obligations if this results in injury to life, limb or health or if a guarantee or claims under the Product Liability Act are affected. GCG Trading is also liable for the negligent breach of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place, the breach of which jeopardizes the achievement of the purpose of the contract and compliance with which the user regularly fails. In the latter case, however, GCG Trading is not liable for unforeseeable damage that is not typical for the contract. GCG Trading is not liable for slightly negligent breaches of other obligations. The above limitations of liability also apply to vicarious agents of GCG Trading.
7. Final Provisions
1. The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods.
2. The exclusive place of jurisdiction for all disputes arising from the contractual relationship between the customer and GCG Trading is the registered office of GCG Trading if the customer is a merchant.
3. Should individual clauses of these General Terms and Conditions be wholly or partially ineffective, this does not affect the effectiveness of the remaining clauses.
4. Contract language is German. In the event of a dispute, the German version of these General Terms and Conditions shall be deemed to have been effectively agreed.