Our terms and conditions
General terms of delivery and sale § 1 General, area of application (1) To the business relation between you and us excluding the following general trading conditions apply. (2) We do not recognize deviating conditions on, it is, we expressly their application would have agreed. The unreserved fulfillment of a contract by us does not represent agreement with such trading conditions of the customer. (3) From these trading conditions deviating agreements, special agreements and warranties require writing. This applies also to an agreement, which is to modify this writing requirement. § 2 Contract conclusion (1) Their appointments represent a binding offer at us for the deal of a sales contract. If you appoint on-line, preserve from us an order confirmation. Our order confirmation represents no acceptance of your offer, but is you only about the fact to inform that your appointment was received with us. (2) We are entitled, your offer with the appointment of new vehicles within four weeks to by the way assume within two weeks by forwarding of a confirmation of order. § 3 Supply (1) The beginning of the delivery time indicated by us presupposes the clarification of all technical questions. Particulars concerning the delivery time are noncommittal, as far as exeptionally the delivery deadline was not binding assured. The agreement of a binding delivery deadline requires writing. (2) The adherence to our delivery obligation presupposes the far punctual and regular fulfilment of your obligations as a customer. The objection of the not fulfilled contract we reserve ourselves. (3) If you come into default of acceptance or if you hurt imprisonment for debt other obligations to cooperate, then we are entitled, us damage arising to that extent to request including any multi-expenditures renewed. (1) If the conditions of exp. (3) are present, the danger of a coincidental fall goes or a coincidental degradation of the purchase thing in the time on it over, in which you are guessed/advised in default of acceptance. (2) Service decelerations due to higher power for this do not count also events, which make more difficult or make us impossible the supply substantially, like e.g. strike, lockout, official arrangements etc. have we, as far as we were not to blame for these events, also with binding agreed upon periods and due dates to represent. (3) The supply is affected to the ship-to-address indicated in the appointment. Partial deliveries are permissible. § 4 Maturity and payment (1) The purchase price becomes due with supply or collection. In the purchase price container is not contained freight, postage and other forwarding expenses; these are charged for separately. (2) The legal value added tax contained in the purchase price is separately proven in the invoice. (3) The deduction of discount payment requires special written agreement. (3) They come at the latest into delay of payment, if you do not finance within 30 days after maturity and receipt of an invoice or an equivalent summons to pay. For the timeliness of the payment the entrance is relevant with us, with remittances the credit note on our account. The legal provisions to the delay of payment remain by the way unaffected. (4) With delay of payment you have to refund us the legal interests. (5) Set-off rights are entitled to you only if your counterclaims are recognized by us validly clamped, undisputed or. In addition you are to that extent authorized to the practice of a right of lien, when your counterclaim is based on the same contractual relation. (6) Article where no price in the offer does not stand go free of charge raus, but must with the appointment the prices are specially inquired. § 5 Retention of title The supplied thing remains up to the complete payment of the purchase price in our property. Or a processing of the reservation commodity is affected on behalf of us, free as well as without obligation for these in such a manner that we as manufacturers in the sense of § 950 BGB to be regarded are, thus in each time and degree of the processing at manufactured things keep property. In the case of processing with others, not us belonging goods, the co-ownership at the new thing stands for us too in the circumstance of the invoice amount of the reservation commodity to the other finished goods at present the processing. To the new thing arising from the processing otherwise the same applies as with the reservation commodity. It is considered as reservation commodity in the sense of these conditions. § 6 Liability (1) With lack we are liable according to the legal provisions for warranty for defects. (2) So far legally permissible, large requirements are equivalent impossible from which argument -. We are not responsible therefore for damage, which did not arise at the delivery article; in particular we are not responsible for escaped profit or for other financial damages. As far as our liability impossible or limit is, this applies also to the personal liability of our employees, employees, coworkers, salesmen and executing aides. (3) Managing limitation of liability does not apply, as far as the cause of the damage is based on premeditation and rough negligence or a personal injury is present. Furthermore it applies not, if you make requirements from the product liability law valid. (4) Requirements for lack fall under the statute of limitations in two years, with used things in one year, counted starting from supply. § 7 Data security (1) We process and use personal data for job execution, for the care of the Kundenbeziehungen and for our advertizing speeches. The data necessary for it are passed on if necessary at Dienstleister. For the purpose of the credit rating we reserve ourselves to call data up of the SCHUFA. (2) They can contradict the passing on of your data at any time for advertizing purposes. § 8 Final clauses (1) If you are buyer, our registered place of business is area of jurisdiction; we are however entitled to complain at your domicile Tribunal. (2) It applies the right of the Federal Republic of Germany; the application of the UN-Kaufrechts is impossible. (3) If from the confirmation of order nothing else results, our registered place of business is place of delivery. General terms of delivery and sale § 1 General, area of application (1) To the business relation between you and us excluding the following general trading conditions apply. (2) We do not recognize deviating conditions on, it is, we expressly their application would have agreed. The unreserved fulfillment of a contract by us does not represent agreement with such trading conditions of the customer. (3) From these trading conditions deviating agreements, special agreements and warranties require writing. This applies also to an agreement, which is to modify this writing requirement. § 2 Contract conclusion (1) Their appointments represent a binding offer at us for the deal of a sales contract. If you appoint on-line, preserve from us an order confirmation. Our order confirmation represents no acceptance of your offer, but is you only about the fact to inform that your appointment was received with us. (2) We are entitled, your offer with the appointment of new vehicles within four weeks to by the way assume within two weeks by forwarding of a confirmation of order. § 3 Supply (1) The beginning of the delivery time indicated by us presupposes the clarification of all technical questions. Particulars concerning the delivery time are noncommittal, as far as exeptionally the delivery deadline was not binding assured. The agreement of a binding delivery deadline requires writing. (2) The adherence to our delivery obligation presupposes the far punctual and regular fulfilment of your obligations as a customer. The objection of the not fulfilled contract we reserve ourselves. (3) If you come into default of acceptance or if you hurt imprisonment for debt other obligations to cooperate, then we are entitled, us damage arising to that extent to request including any multi-expenditures renewed. (1) If the conditions of exp. (3) are present, the danger of a coincidental fall goes or a coincidental degradation of the purchase thing in the time on it over, in which you are guessed/advised in default of acceptance. (2) Service decelerations due to higher power for this do not count also events, which make more difficult or make us impossible the supply substantially, like e.g. strike, lockout, official arrangements etc. have we, as far as we were not to blame for these events, also with binding agreed upon periods and due dates to represent. (3) The supply is affected to the ship-to-address indicated in the appointment. Partial deliveries are permissible. § 4 Maturity and payment (1) The purchase price becomes due with supply or collection. In the purchase price container is not contained freight, postage and other forwarding expenses; these are charged for separately. (2) The legal value added tax contained in the purchase price is separately proven in the invoice. (3) The deduction of discount payment requires special written agreement. (3) They come at the latest into delay of payment, if you do not finance within 30 days after maturity and receipt of an invoice or an equivalent summons to pay. For the timeliness of the payment the entrance is relevant with us, with remittances the credit note on our account. The legal provisions to the delay of payment remain by the way unaffected. (4) With delay of payment you have to refund us the legal interests. (5) Set-off rights are entitled to you only if your counterclaims are recognized by us validly clamped, undisputed or. In addition you are to that extent authorized to the practice of a right of lien, when your counterclaim is based on the same contractual relation. § 5 Retention of title The supplied thing remains up to the complete payment of the purchase price in our property. Or a processing of the reservation commodity is affected on behalf of us, free as well as without obligation for these in such a manner that we as manufacturers in the sense of § 950 BGB to be regarded are, thus in each time and degree of the processing at manufactured things keep property. In the case of processing with others, not us belonging goods, the co-ownership at the new thing stands for us too in the circumstance of the invoice amount of the reservation commodity to the other finished goods at present the processing. To the new thing arising from the processing otherwise the same applies as with the reservation commodity. It is considered as reservation commodity in the sense of these conditions. § 6 Liability (1) With lack we are liable according to the legal provisions for warranty for defects. (2) So far legally permissible, large requirements are equivalent impossible from which argument -. We are not responsible therefore for damage, which did not arise at the delivery article; in particular we are not responsible for escaped profit or for other financial damages. As far as our liability impossible or limit is, this applies also to the personal liability of our employees, employees, coworkers, salesmen and executing aides. (3) Managing limitation of liability does not apply, as far as the cause of the damage is based on premeditation and rough negligence or a personal injury is present. Furthermore it applies not, if you make requirements from the product liability law valid. (4) Requirements for lack fall under the statute of limitations in two years, with used things in one year, counted starting from supply. § 7 Data security (1) We process and use personal data for job execution, for the care of the Kundenbeziehungen and for our advertizing speeches. The data necessary for it are passed on if necessary at Dienstleister. For the purpose of the credit rating we reserve ourselves to call data up of the SCHUFA. (2) They can contradict the passing on of your data at any time for advertizing purposes. § 8 Final clauses (1) If you are buyer, our registered place of business is area of jurisdiction; we are however entitled to complain at your domicile Tribunal. (2) It applies the right of the Federal Republic of Germany; the application of the UN-Kaufrechts is impossible. (3) If from the confirmation of order nothing else results, our registered place of business is place of delivery. Right of revocation: They know your declaration of contract within one month without particular of reasons in text form/e.g. letter, fax, email) recall or by return of the thing. The period begins at the earliest with receipt of this instruction. For keeping the punctual despatch of the revocation or the return of the Sachse meets the period of revocation. The revocation is to arrange on:
Götz GmbH
Geschäftsführer: Klaus Götz
Walter-Simon-Str.14
D-72072 Tübingen
Email: service@motorsportgoetz.com
http://www.motorsportgoetz.com Revocation sequences: In case of an effective revocation are to be refunded on both sides guaranteed services. If you cannot return the received services to us totally or partly or only in restricted condition, you must carry to that extent if necessary indemnification according to value for us out. During the hiring of things this does not apply, if the degradation of the thing exclusive on their checking - as you a little also in a Ladengeschäft would have been possible - to lead back is. By the way you can avoid the indemnification according to value obligation, by taking the thing not like your property in use and avoiding everything, which impairs their value. Things package-capable of being shipped are to be sent back at our expense. We will not fetch things package-capable of being shipped with you.
General Terms and Conditions
Table of Contents
- Scope of Application
- Conclusion of the Contract
- Right to Cancel
- Prices and Payment Conditions
- Shipment and Delivery Conditions
- Granting Rights of Use for Digital Content
- Reservation of Proprietary Rights
- Warranty
- Liability
- Special Conditions for Assembly/Installation Services
- Redemption of Campaign Vouchers
- Redemption of Gift Vouchers
- Applicable Law
- Place of Jurisdiction
- Alternative dispute resolution
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of the company Götz GmbH (hereinafter referred to as "Seller”) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as "Client”) and the Seller relating to all goods and/or services presented in the Seller's online shop. The inclusion of the Client’s own conditions is herewith objected to, unless other terms have been stipulated.
1.2 These GTC apply accordingly to the supply of digital content, unless expressly agreed otherwise. Digital content within the meaning of these GTC is data that is created and provided in digital form.
1.3 Regarding the purchase of vouchers, these GTC shall apply accordingly, unless expressly agreed otherwise.
1.4 For contracts regarding the delivery of vouchers, these GTC shall apply accordingly, unless expressly agreed otherwise.
1.5 A consumer pursuant to these GTC is any natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self-employed occupational activity.
1.6 A trader pursuant to these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
2) Conclusion of the Contract
2.1 The product descriptions in the Seller’s online shop do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Client.
2.2 The Client may submit the offer via the online order form integrated into the Seller's online shop. In doing so, after having placed the selected goods and/or services in the virtual basket and passed through the ordering process, and by clicking the button finalizing the order process, the Client submits a legally binding offer of contract with regard to the goods and/or services contained in the shopping cart.
2.3 The Seller may accept the Client’s offer within five days,
- by transferring a written order confirmation or an order confirmation in written form (fax or e-mail); insofar receipt of order confirmation by the Client is decisive, or
- by delivering ordered goods to the Client; insofar receipt of goods by the Client is decisive, or
- by requesting the Client to pay after he placed his order.
Provided that several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the aforementioned alternatives firstly occurs. Should the Seller not accept the Client’s offer within the aforementioned period of time, this shall be deemed as rejecting the offer with the effect that the Client is no longer bound by his statement of intent.
2.4 If a payment method offered by PayPal is selected, the payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com
2.5 If the Client chooses the payment method “Amazon Payments”, payments are processed by the payment service provider Amazon Payments Europe S.C.A., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter referred to as „Amazon“).
If the Client chooses “Amazon Payments” as payment method during the online ordering process, he, at the same time, makes a payment order to Amazon when initiating the payment transaction by clicking the button finalizing the ordering process. In this case, the Seller declares his acceptance of the Client’s offer at the time when the Client initiates the payment transaction by clicking the button finalizing the ordering process.
2.6 When submitting an offer via the Seller's online order form, the text of the contract is stored by the Seller after the contract has been concluded and transmitted to the Client in text form (e.g. e-mail, fax or letter) after the order has been sent. The Seller shall not make the contract text accessible beyond this. If the Client has set up a user account in the Seller's online shop prior to sending his order, the order data shall be stored on the Seller's website and can be accessed by the Client free of charge via his password-protected user account by specifying the corresponding login data.
2.7 Prior to submitting a binding order via the Seller’s online order form, the Client may recognize input errors by reading attentively the information displayed on the screen. The enlargement function of the browser to enlarge the display on the screen may be an effective method for better recognizing input errors.
The Client can correct all the data entered via the usual keyboard and mouse function during the electronic ordering process, until he clicks the button finalizing the ordering process.
2.8 The German and the English language are exclusively available for the conclusion of the contract.
2.9 Order processing and contacting usually takes place via e-mail and automated order processing. It is the Client’s responsibility to ensure that the e-mail address he provides for the order processing is accurate so that e-mails sent by the Seller can be received at this address. In particular, it is the Client`s responsibility, if SPAM filters are used, to ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.
3) Right to Cancel
3.1 Consumers are entitled to the right to cancel.
3.2 Detailed information about the right to cancel are provided in the Seller’s instruction on cancellation.
3.3 The right to cancel does not apply to consumers, who are no nationals of a member state of the European Union at the time of concluding the contract und whose exclusive domicile and delivery address were located outside of the European Union at the time of concluding the contract.
4) Prices and Payment Conditions
4.1 Unless otherwise stated in the Seller’s product description, prices indicated are total prices including the statutory sales tax. Delivery costs, where appropriate, will be indicated separately in the respective product description
4.2 Payment can be made using one of the methods mentioned in the Seller’s online shop .
4.3 In case of delivery to countries outside the European Union, additional costs may incur in individual cases for which the Seller is not responsible and which have to be borne by the Client. This includes for example transfer fees charged by banking institutes (transfer charges, exchange fees) or import duties or taxes (customs). Such costs regarding money transfer may also incur, if delivery is not made in a country outside the European Union and the Client carries out the payment from a country outside the European Union.
4.4 If prepayment by bank transfer has been agreed upon, payment is due immediately after conclusion of the contract, unless the parties have arranged a later maturity date
4.5 If a payment method offered via the payment service "PayPal" is selected, the payment shall be processed via PayPal, whereby PayPal may also use the services of third-party payment service providers for this purpose. If the seller also offers payment methods via PayPal that involve advance payments to the client (e.g., purchase on account or payment by instalments), he shall assign his payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the client. Before accepting the seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal shall carry out a credit check using the transmitted client data. The seller reserves the right to refuse the client the selected payment method in the event of a negative check result. If the selected payment method is approved, the client must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, he can only make payment to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, even in the case of assignment of claims, the seller remains responsible for general customer enquiries, e.g., about the goods, delivery time, dispatch, returns, complaints, cancellation declarations and deliveries or credit notes..
4.6 If the "Instant Transfer" payment method is selected, payment processing will be carried out by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (hereinafter "Klarna"). To pay the invoice amount via "Instant Transfer", the customer must have an online banking account activated for participation in "Instant Transfer," verify their identity during the payment process, and confirm the payment order. Klarna will process the payment transaction immediately thereafter, and debit the customer's bank account. Further information on the "Instant Transfer" payment method can be found online at https://www.klarna.com
5) Shipment and Delivery Conditions
5.1 If the Seller offers to ship the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address specified by the Client unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller's order processing shall be decisive.
5.2 Should the assigned transport company return the goods to the Seller, because delivery to the Client was not possible, the Client bears the costs for the unsuccessful dispatch. This shall not apply, if the Client exercises his right to cancel effectively, if the delivery cannot be made due to circumstances beyond the Client's control or if he has been temporarily impeded to receive the offered service, unless the Seller has notified the Client about the service for a reasonable time in advance.
5.3 If goods are delivered by freight carrier, the goods shall be delivered free curb, that is to say, to the public curb stones which are closest to the delivery address, unless otherwise stipulated in the shipping information displayed in the Seller’s online shop or unless otherwise agreed.
5.4 Personal collection is not possible for logistical reasons.
5.5 Digital content will be provided to the Client exclusively in electronic form as follows:
- by direct access via the Seller's website
- via download
5.6 Vouchers will be provided to the Client as follows:
- by download
- by e-mail
5.7 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if the Seller is not responsible for the non-supply and if he has concluded a concrete hedging transaction with the supplier. The Seller shall make all reasonable efforts to obtain the goods. In case of non-availability or partial availability of the goods he shall inform the Client and grant him immediately counterperformance.
6) Granting Rights of Use for Digital Content
6.1 Unless otherwise stipulated in the description of contents displayed in the Seller's online shop, the Seller grants the client the non- exclusive right, unlimited in relation to place and time, to use the contents supplied exclusively for private purposes.
6.2 The transmission of content to third parties or the production of copies to third parties in a way not covered by the GTC is prohibited, unless the Seller has consented to the transfer of the contractual license to third parties.
6.3 The granting of rights shall become effective only when the Client has fully paid the contractually owed remuneration. The Seller may also grant provisional permission to use the contractual content before this date. Such provisional authorization does not constitute a transfer of rights.
7) Reservation of Proprietary Rights
If the Seller provides advance deliveries, he retains title of ownership to the delivered goods, until the purchase price owed has been paid in full.
8) Warranty
8.1 Unless otherwise stipulated , the provisions of the statutory liability for defects shall apply. Deviating therefrom, the following shall apply to contracts for the delivery of goods:
8.2 If the Client acts as trader
- the Seller may choose the type of subsequent performance,
- for new goods, the limitation period for claims for defects shall be one year from delivery of the goods,
- for used goods, the rights and claims for defects are excluded,
- the limitation period shall not recommence if a replacement delivery is made within the scope of liability for defects.
8.3 If the Client acts as a consumer, the following applies to contracts for the delivery of used goods subject to the restriction of the following clause: The limitation period for claims for defects is one year from the delivery of the goods if this was expressly and separately contractually agreed between the parties and it the Client was specifically informed of the shortening of the limitation period before submitting his contractual declaration.
8.4 The above-mentioned limitations of liability and shortening of the period of limitation do not apply
- to claims for damages and reimbursement of expenses of the Client,
- if the Seller has fraudulently concealed the defect,
- for goods which have been used in accordance with their customary use for a building and which have caused its defectiveness,
- for any existing obligation of the Seller to provide updates for digital products with respect to contracts for the supply of goods with digital elements.
8.5 Furthermore, for traders, the statutory limitation periods for any statutory right of recourse that may exist shall remain unaffected.
8.6 If the Client is a businessperson pursuant to section 1 of the German Commercial Code (HGB) he has the commercial duty to examine the goods and notify the Seller of defects pursuant to section 377 HGB. Should the Client neglect the obligations of disclosure specified therein, the goods shall be deemed approved.
8.7 If the Client acts as a consumer, the forwarding agent has to be immediately notified of any obvious transport damages and the Seller has to be informed accordingly. Should the Client fail to comply therewith, this shall not affect his statutory or contractual claims for defects.
9) Liability
The Seller is liable to the Client for all contractual, quasi-contractual and legal, including tortious claims for damages and reimbursement of expenses as follows:
9.1 The Seller is liable without limitation for any legal reason
- in the event of intent or gross negligence,
- in the event of intentional or negligent injury to life, body or health,
- due to a guarantee promise, unless otherwise regulated in this regard,
- due to mandatory liability such as under the German Product Liability Act (Produkthaftungsgesetz).
9.2 If the Seller negligently breaches a material contractual obligation, liability is limited to the damage that is typical for the contract and foreseeable, unless unlimited liability applies in accordance with the above paragraph. Material contractual obligations are obligations that the contract imposes on the Seller in accordance with its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the Client can regularly rely.
9.3 Otherwise, liability on the part of the Seller is excluded.
9.4 The above liability provisions also apply with regard to the liability of the Seller for his vicarious agents and legal representatives.
10) Special Conditions for Assembly/Installation Services
If, according to the contents of the contract, the Seller owes, in addition to the delivery of the goods, the assembly or installation of the goods at the Client's premises as well as any appropriate preparatory measures (e.g. measurement), the following shall apply:
10.1 The Seller shall perform his services at his discretion either himself or by qualified personnel selected by him. The Seller may also make use of the services of third parties (subcontractors) acting on the Seller's behalf. Unless otherwise stated in the Seller's description of services, the Client shall not be entitled to the selection of a specific person to perform the desired service.
10.2 The Client shall provide the Seller with the complete and truthful information required for the provision of the service owed, provided that the procurement of such information does not fall within the Seller's obligations under the terms of the contract.
10.3 The Seller shall contact the Client after conclusion of the contract in order to arrange a date with the Client for the performance owed. The Client shall ensure that the Seller or the personnel commissioned by the Seller have access to the Client's facilities at the agreed time .
10.4 The risk of accidental loss and accidental deterioration of the goods sold shall not pass to the Client until the assembly work has been completed and the goods have been handed over to the Client.
11) Redemption of Campaign Vouchers
11.1 Vouchers which are issued by the Seller free of charge, for a specific period of validity in the context of promotional activities and which cannot be purchased by the Client (hereinafter referred to as "campaign vouchers”) can only be redeemed in the Seller’s online shop and only within the indicated time period.
11.2 Individual products may be excluded from the voucher campaign, if such a restriction results from the conditions of the campaign voucher.
11.3 In case of an order, several campaign vouchers can be redeemed.
11.4 The goods value should meet at least the amount of the campaign voucher. The Seller will not refund remaining assets.
11.5 If the value of the campaign voucher is not enough for the order, the Client may choose one of the remaining payment methods offered by the Seller to pay the difference.
11.6 The campaign voucher credit will not be redeemed in cash and is not subject to any interest.
11.7 The campaign voucher will not be redeemed if the Client, in the context of his legal right to cancel, returns goods paid fully or partially by a campaign voucher.
11.8 The campaign voucher is transferable. The Seller may render performance with discharging effect to the respective owner who redeems the campaign voucher in the Seller’s online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the non-entitlement, legal incapacity or of the missing right of representation regarding the respective owner.
12) Redemption of Gift Vouchers
12.1 Vouchers which can be purchased via the Seller’s online shop (hereinafter referred to as "gift vouchers") can only be redeemed in the Seller’s online shop, unless otherwise stipulated in the voucher.
12.2 Gift vouchers and remaining assets of gift vouchers can be redeemed by the end of the third year following the year of the gift voucher purchase. Remaining assets will be credited to the Client’s voucher account.
12.3 Gift vouchers can only be redeemed prior to the conclusion of the order procedure. Subsequent offsetting is not possible.
12.4 Gift vouchers can only be used for the purchase of goods and not for the purchase of other gift vouchers.
12.5 If the value of the gift voucher is not enough for the order, the Client may choose one of the remaining payment methods offered by the Seller to pay the difference.
12.6 The gift voucher credit will not be redeemed in cash and is not subject to any interest.
12.7 The gift voucher is transferable. The Seller may render performance with discharging effect to the respective owner who redeems the gift voucher in the Seller’s online shop. This does not apply, if the Seller has knowledge or grossly negligent ignorance of the non-entitlement, legal incapacity or of the missing right of representation regarding the respective owner.
13) Applicable Law
13.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties under exclusion of the laws governing the international purchase of movable goods. For Consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country, in which the Consumer has his habitual residence.
13.2 With regard to the statutory right of cancellation, this choice of law 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 place of residence and delivery address are outside the European Union at the time of the conclusion of the contract.
14) Place of Jurisdiction
If the Client is a businessman, a legal entity of public law or a separate estate under public law with its seat in the territory of the Federal Republic of Germany, the Seller’s place of business shall be the sole place of jurisdiction for all legal disputes arising from this contract. If the Client is domiciled outside the territory of the Federal Republic of Germany, the Seller’s place of business shall be the sole place of jurisdiction for all legal disputes arising from this contract provided that the contract or claims from the contract can be assigned to the Client’s professional or commercial activities. In any event however, regarding the aforementioned cases the Seller is entitled to call the court responsible for the seat of the Client.
15) Alternative dispute resolution
The Seller is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.
