T&Cs - General Terms and Conditions
. General
1.1 Scope
These General Terms and Conditions apply in the version valid at the time of conclusion of the contract for all
Business relationships between us (Glickenhaus GmbH, Pariser Platz 6A, 10117 Berlin, represented by the managing director: Mathis Wilke) and you.
Should you use conflicting general terms and conditions, these are hereby expressly rejected.
1.2 Contractual agreement
The contract languages are German and English.
1.3 Registration
To use the full scope of our website, you must first create a customer account.
The data required for us to provide the service will be requested. The entries are confirmed by clicking on the "Register" button. You will then receive a confirmation email with the information required for logging in.
required information. Registration is only complete once you have logged into our website for the first time using this information.
The password that allows you to access your personal area must be treated as strictly confidential and must not be disclosed to third parties under any circumstances. You must take suitable and appropriate measures to
To prevent third parties from gaining knowledge of your password. A customer account cannot be transferred to other users/customers or other third parties.
1.4 Conclusion of contract
1.4.1 Conclusion of contract via the online shop
The presentation of the range in our online shop is initially subject to change and non-binding. The ordering process consists of a total of four steps. In the first step, you select the desired goods. In the second step, enter
Enter your details including your billing address and any different delivery address, unless you have already entered these in your customer account. In the third step, select the desired payment method.
In the fourth step, you have the opportunity to check all details (e.g. name, address, payment method, ordered items) again and correct any input errors before you confirm your order by clicking on the "order with payment" button. By placing your order, you are making a binding offer to enter into a contract. We will confirm receipt of the order immediately. The confirmation of receipt does not constitute a binding
Acceptance of the order. We are entitled to withdraw the contractual offer contained in the order within two days of receipt of the order by email, fax, telephone, post or by notification of dispatch of the goods.
binding acceptance. The contract is only concluded upon acceptance.
The contract text will be saved by us and sent to you in text form (e.g. email, fax or post) after you have sent your order, together with these General Terms and Conditions and customer information. However, you will no longer be able to access the contract text via the website after you have sent your order. You can print out the relevant website with the contract text using the browser's print function.
1.4.2 Individual contract conclusion
Alternatively, the contract is concluded individually by offer and acceptance. Unless otherwise agreed, the usual procedure is that you send us an inquiry (e.g. by email or telephone) and we then send you an
You will receive a binding offer, which you can then accept within the period specified in the offer. The contract is concluded upon acceptance. We do not store the contract text separately; instead, the contract content is determined individually from the agreement reached.
2. Delivery
2.1 Partial deliveries
We are entitled to make partial deliveries if this is reasonable for you. However, in the case of partial deliveries, you will not incur any additional shipping costs.
2.2 Delays in delivery and performance
Delays in delivery and performance due to force majeure and due to extraordinary and unforeseeable events which cannot be prevented by us even with the utmost care and for which we are not responsible (this includes in particular strikes, official or court orders and cases of incorrect or improper self-supply despite a hedging transaction to that effect), entitle us to postpone delivery for the duration of the hindering event.
2.3 Exclusion of delivery
PO box addresses will not be delivered.
2.4 Delay in acceptance
If you are late in accepting the ordered goods, we are entitled, after setting a reasonable grace period, to withdraw from the contract and to claim damages for delay or non-performance.
During the delay in acceptance, you bear the risk of accidental loss or accidental deterioration.
2.5 Performance time
Unless expressly agreed otherwise, we will deliver within 5 days. In the case of advance payment, the delivery period begins on the day after the payment order is issued to the
transferring credit institution or, in the case of payment by cash on delivery or purchase on account, the day after conclusion of the contract.
The deadline ends on the fifth day following the delivery date. If the last day of the deadline falls on a Saturday, Sunday or a public holiday recognised by the state at the place of delivery, the deadline ends on the next working day.
3. Payment
3.1 Prices and shipping costs
All prices include VAT. In addition, there are costs for packaging and shipping, which are shown separately, unless you have agreed to collect the goods from our place of business.
3.2 Default in payment
You will be in default of payment if payment is not received by us within two weeks of receipt of the invoice. In the event of late payment, interest will be charged at a rate of 5 percentage points above the base interest rate of the
European Central Bank, or 9 percentage points above the European Central Bank's base interest rate for legal transactions in which a consumer is not involved. Should you fall behind on your payments, we reserve the right to charge reminder fees of EUR 2.50. The right to claim further compensation remains unchallenged. You have the option of proving that we have not
or lesser damage has occurred.
3.3 Right of retention
You are only entitled to assert a right of retention for counterclaims that are due and based on the same legal relationship as your obligation.
4. Cancellation policy for consumers in distance selling contracts
Right of cancellation
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the goods/the last goods. To exercise your right of cancellation, you must notify us (Glickenhaus GmbH, Pariser Platz 6A, 10117 Berlin, email: shop@glickenhaus.de) of your decision to cancel this contract by means of an unambiguous declaration (e.g. a letter sent by post, fax or email).
You can use the attached model cancellation form for this purpose, although this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you withdraw from this contract, we will reimburse you all payments that we have received from you, including the costs of delivery (except for the supplementary costs resulting from your use of a different type of
Delivery other than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the date on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; in no event
you will be charged fees for this repayment. We may refuse to refund until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us that you have cancelled this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period. You will bear the direct cost of returning the goods.
You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.
is.
- End of revocation -
Exclusion of the right of withdrawal
The right of withdrawal does not apply to contracts for the delivery of goods which are not prefabricated and for whose production an individual selection or determination by the consumer is decisive or which are clearly based on the
tailored to the personal needs of the consumer. Likewise, there is no right of withdrawal for contracts for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded.
Special information on the premature expiry of the right of withdrawal
In the case of contracts for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene, your right of cancellation expires prematurely if the seal on the goods has been removed after delivery. In the case of contracts for the delivery of sound or video recordings or computer software in sealed packaging, your right of cancellation expires prematurely if the seal has been removed after delivery.
5. Retention of title
The delivered goods remain our property until the purchase price has been paid in full. You must treat the goods subject to simple retention of title with care at all times. You assign to us any claim or compensation that you receive for damage, destruction or loss of the delivered goods. If you act in breach of contract, in particular if you are late with payment, we are entitled to take back the purchased item. Taking back the item in this case does not constitute withdrawal from the contract unless we expressly declare this in writing.
6. Warranty
6.1 Warranty claim
There are statutory warranty rights. A warranty claim can only arise with regard to the quality of the goods; reasonable deviations in the aesthetic properties of the goods are not covered by the warranty claim. In particular with regard to the descriptions, representations and information in our offers, brochures, catalogues, on the website and other documents, there may be technical and design deviations (e.g. colour, weight, dimensions, design, scale, positioning, etc.), insofar as these changes are reasonable for you. Such reasonable reasons for changes can be
from normal commercial fluctuations and technical production processes. If guarantees are given in addition to the warranty claims, you will find their exact terms and conditions for each product.
Possible guarantees do not affect the warranty rights. You are obliged to make the defective goods available to us for the purpose of subsequent performance.
6.2 Warranty to consumers
The risk of accidental loss or deterioration of the goods sold only passes to you upon delivery of the goods. If you notice that the outer packaging arrives damaged or after receiving the
If you discover any damage to the goods, please let us know. However, there is no obligation to do so, nor will failure to do so affect your warranty rights. If the goods
defective, you can choose to request subsequent performance in the form of repair or replacement within a reasonable period of time. We will bear the costs for taking back the goods to be replaced.
6.3 Warranty towards entrepreneurs
In contrast to the statutory warranty provisions, in the event of a defect, we will, at our own discretion, provide subsequent performance in the form of remedying the defect or delivering a new product. The risk of accidental loss or deterioration of the item is transferred to you when it is handed over to the person responsible for transport. Business owners must report obvious defects immediately and non-obvious defects immediately after discovery in writing; otherwise, the assertion of the warranty claim is excluded. Timely dispatch is sufficient to meet the deadline. The business owner bears the full burden of proof for all claim requirements, in particular for the defect itself, for the time at which the defect was discovered and for the timeliness of the complaint.
6.4 Rights in case of minor defects
If the defect is only minor, you are only entitled to a reasonable reduction in the purchase price, excluding your right of withdrawal.
6.5 Compensation for defects
No warranty is provided for damages resulting from improper handling or use. The following exclusion of liability is expressly referred to.
6.6 Limitation period
For consumers, the statutory limitation periods apply, unless a different limitation period has been expressly agreed for used goods. If you are an entrepreneur, the warranty for used goods is
Goods are excluded and for new goods this period is 1 year. Excluded from this is the right of recourse according to §478 BGB. The shortening of the limitation period expressly does not exclude liability for damages resulting from injury to life, body or health or in the case of intent or gross negligence. The provisions of the Product Liability Act also remain unaffected by this.
7. Liability
7.1 Disclaimer
We and our legal representatives and vicarious agents are only liable for intent or gross negligence. Insofar as essential contractual obligations (consequently, those obligations whose compliance is essential for the achievement of the contractual purpose of
In the case of damages (which are of particular importance) affected by the use of the service, liability is also assumed for slight negligence. In this case, liability is limited to foreseeable, contract-typical damages. In the event of a grossly negligent breach of non-essential contractual obligations, we are only liable to entrepreneurs for the amount of foreseeable, contract-typical damages.
7.2 Disclaimer of liability
The above exclusion of liability does not affect liability for damages resulting from injury to life, body or health. The provisions of the Product Liability Act remain unaffected by this exclusion of liability.
8. Final provisions
8.1 Place of jurisdiction
Our place of business is agreed as the exclusive place of jurisdiction for all legal disputes arising from this contract, provided that you are a merchant, a legal entity under public law or a special fund under public law.
8.2 Choice of law
Unless mandatory legal provisions under your home law conflict with this, German law shall apply, excluding the UN Convention on Contracts for the International Sale of Goods.
8.3 Consumer dispute resolution procedures
The EU Commission has created an internet platform for the online settlement of disputes concerning contractual obligations arising from online contracts (OS platform). You can access the OS platform at the following link: http://ec.europa.eu/consumers/odr/. We are not willing and not obliged to participate in a dispute settlement procedure before a consumer arbitration board.
8.4 Severability clause
The invalidity of individual provisions does not affect the validity of the remaining General Terms and Conditions.
Additional information:
1. Battery disposal
In connection with the sale of batteries or the delivery of devices that contain batteries, we are obliged to inform you of the following: As an end user, you are legally obliged to return used batteries. You can return old batteries that we have or have had in our range as new batteries to our shipping warehouse (shipping address) free of charge. The symbols shown on the batteries have the following meaning:
The symbol of the crossed-out garbage can means that the battery must not be disposed of in household waste.
Pb = Battery contains more than 0.004 percent lead by weight
Cd = Battery contains more than 0.002 percent cadmium by weight
Hg = Battery contains more than 0.0005 percent mercury by weight.
Please note the above instructions.
2. Electronic Equipment Act (ElektroG)
We are not manufacturers of electrical equipment according to Section 3 No. 9 of the ElektroG. However, as distributors of electrical equipment, we guarantee within the meaning of the ElektroG that we only place electrical equipment on the market whose manufacturers have complied with Section 6 Paragraph 2
Sentence 1 ElektroG to the Federal Environment Agency or the responsible body.
Glickenhaus GmbH
Pariser Platz 6A
10117 Berlin
Germany
Fon +49(0)30-75437031
Email: shop@glickenhaus.de
Cancellation form of Glickenhaus GmbH
If you want to cancel your contract, please fill out this form and send it back to us by:
Glickenhaus GmbH
Pariser Platz 6A
10117 Berlin
Germany
Fon +49(0)30-75437031
Email: shop@glickenhaus.de
I/we (*)______________________ hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*):
________________________________________________________________________
________________________________________________________________________
Ordered on (*)/received on (*): ______________________________________________
If applicable, order number / delivery note number: __________________________________
Name of consumer(s): _____________________________________________
Customer number (if applicable): _____________________________________________________
Address of the consumer(s):
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
Signature of the consumer(s) (only if notification is on paper) and date:
_______________________________________
(*) Please delete if not applicable.
Status 04/2022
