General Terms And Conditions
General Terms and Conditions of Business
1. Scope of Application
For all orders from our online shop by consumers and entrepreneurs, the following terms and conditions apply. A consumer is any natural person who completes a transaction for purposes which can be attributed mostly neither commercial nor its self-employed occupational activity. Entrepreneur is a natural or legal person or a legal partnership, who takes action in their commercial or self-employed occupational activity when completing a legal transaction. Regarding companies these Conditions also apply to future business relations, without having to refer to them again. If a trader uses contrary or supplementary Terms and Conditions, their validity is hereby rejected. They are only part of the contract if we have expressly agreed.
2. Contractor, Business Contract
The purchase contract is concluded with go-e GmbH. By setting the products to the online shop we submit a binding offer to conclude a contract on specific articles. You can initially insert our suggested products in the shopping cart and correct your entries before sending your binding order any time by using the therefor laid down and explained proofing tools of the order procedure.
The contract is binding by clicking the order button and accepting the offer of the goods contained in the basket. Immediately after sending the order you will get a receipt by e-mail again.
A binding contract may also previously be concluded, if you trigger the orders on a “Checkout Now” button. Available languages for the contract completion are German and English. We save the contract text and send you the order data and our terms and conditions via e-mail. The terms and conditions can also be viewed on this page at any time. Your previous orders are no longer available on the Internet for safety reasons.
3. Terms of Delivery
Added to the stated product prices there are also shipping costs. Details on the amount of shipping are available at the offers.
Delivery times in the Online Shop are not binding. We try to keep delivery times as short as possible. The customer has the right to cancel the contract if delivery times are exceeded.
In our Online Shop you have the following payment methods available:
Payment in advance
When selecting advance payment, we will provide our bank details in the order confirmation and deliver the goods after payment. You can also choose to pay by creditcard.
You pay the invoice amount through the online supplier “Sofortüberweisung”. You don´t have to be registered for that. Payment is made with your PIN and TAN through your house bank.
5. Withdrawal and Return
Consumers have the legal right of revocation as described in the “right of revocation”. Entrepreneurs will be given no voluntary withdrawal. When returning an item already in use, the buyer has to accept a 10% fixed price rate deduction of the purchase price so far as the product is returned to go-e GmbH in respectively good condition and in its original packaging. The repayment shall be made within 14 days after receipt of the return. For the case of returning goods with clearly visible traces of usage, the buyer will receive an individual offer for redemption.
6. Retention of Title
The product remains our property until full payment. For entrepreneurs additionally applies: We reserve the title to the goods until full settlement of all claims from an ongoing business relationship. You may resell the goods in the normal course of business; all claims arising from this resale are yield to us in advance in the amount invoiced – regardless of a connection or mixing of the goods with a new thing – and we accept this assignment. You remain authorized to collect the claims, however, we may also collect claims by ourselves, insofar as you fail to meet your payment obligations.
7. Transport damage
For consumers applies: If goods are delivered with obvious transport damages, you have to complain such mistakes immediately to the postman and also contact us immediately please. The failure of a complaint or contact has no consequences for your legal rights and their enforcement, especially also your warranty rights. Nevertheless you help us to claim damages against the carrier or transport insurance. For entrepreneurs applies: The risk of accidental loss and accidental deterioration passes to you once we give the goods to the forwarder or the carrier or otherwise to another person or institution for the cause of delivering. Among buyers the regulated in § 377 HGB inspection and complaint obligatory applies. If you refrain the notification, the goods shall be deemed approved, unless it concerns a defect which was not recognizable during the inspection. This does not apply if we have fraudulently concealed a defect.
The statutory warranty rights and the legal guarantee of two years apply. After half a year the burden of proof bears the customer. Shipping on repeated repairs due to technical defects by the manufacturer bears the manufacturer.
In the event of incorrect installation and incorrect installation caused damage to the product by the purchaser or other technical defects caused by the buyer, the warranty expires or there is an impairment in the amount of the loss of at least € 50, -. In this case, the buyer bears the shipping expenses. This applies especially when the product is operated with a power source not supplied by the manufacturer or if the product is used for other than the designated use by the manufacturer. The warranty also expires with any change or opening of the system by unauthorized persons, being recognized by the manufacturer persons are to be regarded as authorized. When in doubt, consultation is to contact the manufacturer.
For claims due to damage caused by us, our legal representatives or agents, we are always liable unlimited.
– for injury to life, body or health
– for intentional or grossly negligent breach of duty
– as far as the scope of the Product Liability Act is opened.
For breach of contractual obligations whose fulfillment is essential to the proper execution of the contract and on whose observance the contractual partner may regularly trust (cardinal obligations) by slight negligence by us, our legal representatives or agents is the amount of liability limited to the foreseeable damage at the moment of conclusion of contract, whereby incurrence must be expected typically. Incidentally, claims for damages are excluded.
The liability is limited to the product and does not apply to the assembly, since we have no influence on it. The owner is responsible for a proper installation.
10. Final Provisions
If you are a merchant according to the Commercial Code, legal entity under public law or public special fund, the exclusive jurisdiction for any disputes arising from contractual relationships between us and you is our place of business. Inherently regarding all contractual relationships Austrian right applies.
Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:
Die Europäische Kommission stellt eine Plattform zur Online-Streitbeilegung (OS) bereit, die du unter http://ec.europa.eu/consumers/odr/ findest. Zur Teilnahme an einem Streitbeilegungsverfahren vor einer Verbraucherschlichtungsstelle sind wir nicht verpflichtet und nicht bereit.
General terms and conditions
- Scope of Application
For all orders, among other things over our online shop orders, by consumers and entrepreneurs the following GTC apply. A consumer is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his self-employed professional activity. Entrepreneur is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction. In relation to entrepreneurs, these GTC shall also apply to future business relations without us having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they only become part of the contract if we have expressly agreed to them.
- Contractual Partner, Conclusion of Contract
The purchasing contract is concluded with go-e GmbH. By placing the products in the online shop, we make a binding offer to conclude a contract for these articles. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the order process. The contract is concluded by clicking on the order button to accept the offer for the goods contained in the shopping basket. Immediately after sending the order, you will receive another confirmation by e-mail. A binding contract can also be concluded before this if you place the order by clicking on the "Order Now" button. The languages available for the conclusion of the contract are German and English. We save the contract text and send you the order data and our general terms and conditions by e-mail. You can view the general terms and conditions at any time here on this page. For data security reasons, your previous orders are no longer accessible via the Internet.
- Terms of Delivery
In addition to the indicated product prices there are shipping costs. You can find out more about the shipping costs in the respective shopping cart when determining the shipping costs.
The delivery times stated in the online shop are not binding. We try to keep the delivery times as short as possible. If the delivery times are exceeded, the customer has the right to withdraw from the contract.
The following payment methods are available in our shop:
Instant Transfer Klarna
You pay the invoice amount via the online provider "Instant Transfer Klarna". You do not need to be registered for this. The payment is processed with the help of your PIN and TAN via your house bank.
Credit card VISA
When paying by VISA card, you will be redirected to the site of our credit card service provider mPAY24 and the amount will be debited from your credit card.
Credit Card Mastercard
When paying by Mastercard card, you will be redirected to the site of our credit card service provider mPAY24 and the amount will be debited from your credit card.
When selecting the payment method bank transfer, we will give you our bank details in the order confirmation and deliver the goods after receipt of payment. The payment has to take place up to 5 days after entrance of the confirmation of order by cash in advance.
5. Right of Revocation and Return
Consumers are entitled to the statutory right of revocation as described in the revocation instructions. Entrepreneurs are not granted a voluntary right of revocation. When returning an article that has already been put into operation, 10% of the purchase price will be deducted from the buyer's purchase price, as long as the article is returned to go-e GmbH in good condition and in its original packaging. If no traces of use are visible on return and the device is in mint condition, there will be no deduction of the purchase price sum on repayment. The repayment takes place within 14 days after receipt of the return. In the case of goods that show clear signs of use, the buyer will receive an individual offer for the return. The shipping costs for the return are to be borne by the customer in case of revocation.
6. Retention of Title
The goods remain our property until full payment has been made. For entrepreneurs, the following also applies: We reserve title to the goods until full payment of all claims arising from an ongoing business relationship. You may resell the reserved goods in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the reserved goods with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorised to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations.
7. Transport Damages
For consumers applies: If goods with obvious transport damages are delivered, then you should complain such errors please as soon as possible to the forwarder and contact us. The failure of a complaint or contact has no consequences for your legal claims and their enforcement, especially your warranty rights. However, you help us to assert our own claims against the carrier or transport insurance. The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. The obligation to inspect the goods and to give notice of defects as stipulated in § 377 HGB (German Commercial Code) shall apply to entrepreneurs. If you omit the notification regulated there, the goods shall be deemed to have been accepted unless the defect was not identifiable during the inspection. This shall not apply if we have fraudulently concealed a defect.
8. Warranty and Guarantees
The statutory warranty for defects and the statutory warranty for two years shall apply. After half a year from delivery of the goods, the burden of proof of the statutory warranty shall pass to the customer. Shipping costs for repeated repairs due to technical defects within the meaning of the statutory warranty by the manufacturer shall be borne by the manufacturer.
In the event of incorrect use / assembly and resulting damage to the product by the buyer or other technical defects caused by the buyer, the statutory warranty expires or a reduction in value in the amount of the damage of at least € 50. In this case the buyer bears the shipping costs. This applies in particular if the product is operated with an energy source not supplied by the manufacturer for the product or is used for purposes other than those specified by the manufacturer. The warranty also expires if the system is modified or opened by unauthorized persons, whereby only persons recognized by the manufacturer are to be regarded as authorized. In case of doubt, please contact the manufacturer.
For claims due to damages caused by us, our legal representatives or vicarious agents, we are always liable without limitation:
- In the event of injury to life, body or health in the event of intentional or grossly negligent breach of duty, insofar as the scope of application of the Product Liability Act has been opened up.
- In the event of a breach of material contractual obligations, the performance of which is essential for the proper performance of the contract and on the compliance with which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.
Liability is limited to the product and does not apply to assembly, as we have no influence whatsoever over this. The owner is responsible for proper assembly in accordance with the operating instructions.
10. Final Provisions
If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you shall be our place of business. In principle, Austrian law shall apply to all disputes arising from contractual relationships.
Furthermore, if you are a reseller of the products of go-e GmbH, you will confirm receipt of the current price list of go-e GmbH. go-e GmbH reserves the right to change the price list. The reseller is free to determine his resale price, but takes note of the recommended price according to the price list, especially since the recommended price is economically relevant and a sustained downward price development damages the reputation and thus also the value of the brand "go-e". The reseller will evaluate the corresponding customer and market situation and contact us if there should be relevant changes in the pricing policy.