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.