GTC

1.1. The business relationship between Geikler Maik (Residents’ Registration Office 999), Hauptstrasse 20 | Bad Kleinen 23996 | Email: info@ghz-friedrich-maik.com | Telephone: +49 3842 359 4011 (hereinafter referred to as the “Seller”) and the customer shall be governed exclusively by these General Terms and Conditions in the version applicable at the time the order is placed, unless otherwise agreed. Any terms and conditions deviating from these provisions shall not be accepted unless the Seller expressly agrees to their validity.

1.2. Pursuant to Section 13 of the German Civil Code (BGB), a consumer is any natural person who enters into a legal transaction for purposes that cannot be attributed primarily to their commercial or independent professional activity.

1.3. The right of withdrawal set out in these General Terms and Conditions does not apply to business relationships between the Seller and entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB). Customers who are unsure whether they qualify as consumers or entrepreneurs are advised to exercise their right of withdrawal within the applicable period as a precaution. If the subsequent legal assessment determines that the customer is an entrepreneur within the meaning of Section 14 BGB, sentence 1 shall apply.

2.1. The customer is obliged to provide truthful information when registering and placing an order. Any changes to information relevant to our business relationship (e.g. name, address, email address) must be communicated to us without delay, and no later than before the next order is placed. If incorrect information is provided, we shall be entitled to withdraw from contracts that have already been concluded and to block the customer’s access to our online shop.

2.2. Customers who register with our online shop choose their own password for future access. The customer undertakes to keep this password confidential and not to make it accessible to unauthorized third parties. We shall not be liable for any misuse of the password for which the customer is responsible.

2.3. Order processing and communication generally take place by email and through automated order processing. The customer must ensure that the email address provided for order processing is correct and that emails sent by the Seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller to process the order can be delivered.

3.1. The presentation of goods and service offers does not constitute a binding offer to conclude a contract. By submitting a binding order for goods or services subject to payment via the Internet, fax, telephone, or email, the customer submits a binding offer to conclude a contract. The Seller reserves the right to freely decide whether to accept the customer’s offer. Acceptance shall take place by means of an order confirmation or by dispatching the goods. If the customer does not receive an order confirmation or delivery within two weeks, the customer shall no longer be bound by their order.

3.2. Information on the Technical Steps for the Conclusion of the Contract

3.2.1. On the product offer page, the customer can add goods to their shopping cart by clicking the “Add to Cart” button or a similarly designated button or corresponding graphical symbol. After the customer has added all desired goods to the shopping cart, they can initiate the ordering process by clicking the “Checkout” button or a similarly designated button.

3.2.2. In the next step, the customer can either register for the first time by providing and registering their personal data, or log in using their existing access credentials by entering their email address and password and subsequently clicking the “Log In” button or a similarly designated button.

3.2.3. Alternatively, an order can also be placed without creating a customer account. In this case, the customer must provide their billing and delivery address as well as their email address.

3.2.4. An overview will then be displayed showing the billing and delivery address, together with a field for entering delivery instructions. In the field below, the customer can select their preferred payment method. Further below, the customer can indicate whether they are purchasing as a private individual or as a business customer. After making this selection, the General Terms and Conditions will be displayed and must be accepted by the customer by activating the corresponding checkbox or confirmation. Below this, the customer will be shown an overview of the products they have selected.

Before submitting the order in a binding manner, the customer can correct their entries at any time using the usual keyboard and mouse functions. To do so, the customer can use the browser’s “Back” function to return to the shopping cart, where the selected goods and quantities can be changed and corrected.

At the end of the page, the customer clicks the “Place Order with Obligation to Pay” button. A page confirming the customer’s order will then be displayed.

3.3. Acceptance by the Seller shall take place in accordance with Section 3.1.

3.4. The contractual text is provided exclusively in German. The buyer can save the contractual text by using the “Save As” function of their browser to save the relevant webpage on their computer. The buyer can also print the contractual text using the print function of their browser.

4.1. Unless otherwise stated in the Seller’s product description, the prices indicated are total prices and include statutory VAT. Any additional delivery and shipping costs that may apply will be stated separately in the respective product description.

4.2. The Seller reserves the right, in the case of contracts with an agreed delivery period of more than six weeks, to increase the prices in accordance with any increases in costs incurred, provided that such increases are not attributable to the Seller. If the customer does not agree to the price increase, they shall have the right to withdraw from the contract.

5.1. Goods shall be delivered by shipment to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller’s order processing system shall be decisive.

5.2. If the transport company returns the shipped goods to the Seller because delivery to the customer was not possible, the customer shall bear the costs of the unsuccessful shipment. This shall not apply if the customer effectively exercises their right of withdrawal, if the customer is not responsible for the circumstances that made delivery impossible, or if the customer was temporarily prevented from accepting the goods, unless the Seller had announced the delivery to the customer within a reasonable period of time in advance.

5.3. The risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer only upon delivery of the goods to the customer or to a person authorized to receive them. By way of exception, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer as soon as the Seller has handed the goods over to the carrier, freight forwarder, or other person or organization designated to carry out the shipment, provided that the customer has commissioned the carrier, freight forwarder, or other person or organization designated to carry out the shipment and the Seller has not previously designated such person or organization to the customer.

5.4. The Seller shall, by way of exception, not be obliged to deliver the ordered goods if the Seller has properly ordered the goods but has not been supplied correctly or on time by the supplier (congruent covering transaction). This shall be subject to the condition that the Seller is not responsible for the lack of availability of the goods and that the customer has been informed of this circumstance without delay. Furthermore, the Seller must not have assumed the risk of procuring the ordered goods.

In the event that the goods are unavailable, the Seller shall promptly refund any payments already made by the customer. The Seller does not assume the risk of having to procure goods that have been ordered (procurement risk). This shall also apply to orders for goods that are described only by their type and characteristics (generic goods). The Seller shall only be obliged to deliver goods from its own stock and goods ordered by the Seller from its suppliers.

The Seller shall retain title to the delivered goods until the purchase price owed has been paid in full.

The customer has various payment methods available, which are specified in the Seller’s online shop.

7.1. Payment in Advance: If payment in advance has been agreed, payment shall be due immediately upon conclusion of the contract. In the case of payment in advance, the total invoice amount must be transferred to the Seller’s bank account. The goods will be dispatched after receipt of payment.

7.2. Payment by Invoice: If the payment method “Purchase on Invoice” is selected, the purchase price shall become due once the goods have been delivered and invoiced. In this case, the purchase price must be paid in full within 14 (fourteen) days of receipt of the invoice, unless otherwise agreed.

The Seller reserves the right to offer payment by invoice only up to a certain order value and to reject this payment method if the specified order value is exceeded. In such cases, the Seller will inform the customer of the applicable payment restriction in the payment information provided in the online shop.

The Seller also reserves the right to carry out a credit check when the “Purchase on Invoice” payment method is selected and to reject this payment method in the event of a negative credit assessment.

7.3. Payment by Credit Card: When placing the order, you provide your credit card details. Your card will be charged immediately after the order has been placed. When paying by credit card, the payment date corresponds to the date on which the order is placed.

If the credit card payment is declined, the customer undertakes to pay the purchase price plus any costs incurred within 10 days of receiving the goods or services. Such costs include, among other things, any costs arising from the reversal or rejection of the credit card charge.

8.1. Consumers generally have a statutory right of withdrawal.

8.2. Further information regarding the right of withdrawal can be found in the Seller’s cancellation policy.

9.1. If the purchased goods are defective, the statutory provisions governing liability for defects shall apply.

9.2. The limitation period for claims based on defects shall be two years from delivery of the goods to the customer.

9.3. In the case of used goods, the limitation period shall be one year from delivery of the goods to the customer. This shall not apply to goods that have been used for a building in a manner inconsistent with their usual intended use and have caused the building to become defective; to claims for damages arising from injury to life, body, or health resulting from an intentional or negligent breach of duty by the Seller or from an intentional or negligent breach of duty by a legal representative or vicarious agent of the Seller; to other damages resulting from an intentional or grossly negligent breach of duty by the Seller or from an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the Seller; or in cases where the Seller has fraudulently concealed the defect.

9.4. Claims relating to defects must be handled directly with the Seller. Negotiations with independent representatives who are not directly employed by us shall not constitute negotiations within the meaning of Section 203 (1) of the German Civil Code (BGB).

9.5. If the customer notices any transport damage to the delivered goods or packaging upon delivery, the customer is requested to have the damage confirmed in writing by the employee of the transport company upon receipt of the goods and to inform the Seller accordingly. Failure to obtain such written confirmation shall have no consequences for the customer’s statutory warranty rights. The carrier’s written confirmation merely facilitates the Seller’s assertion of claims against the carrier or the transport insurer. If the customer takes photographs of the damage, the customer is requested to send these photographs to the Seller.

9.6. The Seller shall be liable in accordance with the statutory provisions insofar as the customer asserts claims for damages based on intent or gross negligence, including intent or gross negligence on the part of the Seller’s legal representatives or vicarious agents. To the extent that the Seller is not accused of an intentional or grossly negligent breach of contract, liability for damages shall be limited to the foreseeable damage that typically occurs. The Seller shall not be liable for the negligent breach of ancillary contractual obligations, with the exception of pre-contractual ancillary obligations, in cases of ordinary negligence. In all other respects, the Seller’s liability shall be excluded.

9.7. Liability for culpable injury to life, body, or health shall remain unaffected. The same shall apply to mandatory liability under the German Product Liability Act (Produkthaftungsgesetz) and other mandatory statutory provisions.

10.1. Any amendments or additions to this contract must be made in writing. This shall also apply to any amendment of this written-form requirement.

10.2. To the extent permitted by law, the place of performance and place of jurisdiction for all services and all disputes arising between the parties shall be the registered office of the Seller. For end consumers, the place of performance and place of jurisdiction shall be the place of residence of the buyer. If a private end consumer has no place of residence within the European Union, the place of jurisdiction shall be the registered office of the Seller. In dealings with end consumers within the European Union, the law applicable at the consumer’s place of residence may also apply where this concerns mandatory consumer protection provisions.

10.3. For consumers and other persons whose habitual residence or place of business is located in a member state of the European Union (EU) or the European Economic Area (EEA) at the time the contract is concluded, German law shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). For consumers whose habitual residence is in a country that is neither a member of the EU nor the EEA, German law shall apply, excluding the CISG and German consumer protection law. Irrespective of this choice of law, consumers within the EU shall always also benefit from the mandatory consumer protection provisions of the country in which they have their habitual residence at the time the contract is concluded.

10.4. If one or more provisions of this contract are or become invalid, the validity of the remaining provisions of the contract shall remain unaffected. The invalid provisions shall be replaced by the applicable statutory provisions. The statutory provisions shall also apply in the event of any regulatory gap.

11.1. The European Commission provides an online platform for online dispute resolution at the following address: http://ec.europa.eu/consumers/odr. This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.

11.2. The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.