General Terms and Conditions of Business for GEFU GmbH's Online Shop
Section 1 Scope of Application
1. The following General Terms and Conditions of Business (hereinafter: "GT&Cs") shall apply to all business relations entered into between GEFU GmbH, Braukweg 28, D-59889 Eslohe (hereinafter "GEFU") and its customers (hereinafter "Customer") via the online shop www.gefu.com.
2. The GT&Cs shall apply in relation to private customers and business owners equally, unless otherwise provided for in Section 14 of these GT&Cs in respect of business owners.
3. A private customer is any consumer, i.e. any natural person, who enters into a legal transaction for a purpose that cannot be ascribed to either his/her trade or self-employment (Section 13 BGB [German Civil Code]).
4. A business owner is any natural person, any legal entity or any partnership having legal capacity with whom/which GEFU enters into business relations, and who/that is acting in pursuit of his/her/its trade or self-employment.
Section 2 Subject-matter of the Contract
The subject-matter of the contract is the purchase of products from the online shop's product range. The customer shall have the possibility of selecting and ordering products on the website www.gefu.com by way of Internet-capable communication media customary in the market. The Customer shall receive on the website a separate description relating to each product. The Customer may click on the products desired by him/her/it on the website in order to inform himself/herself/itself of the features of the goods. The Customer shall have the possibility of collecting in a virtual shopping basket the products selected by him/her/it.
Section 3 Conclusion of the Contract
1. GEFU's range of goods offered in the online shop www.gefu.com merely constitutes a sales brochure and is not a legally binding offer to conclude a purchase contract. By showing the products on its website, GEFU invites the Customer to submit offers (orders). Once the Customer has completed his/her/its product selection, he/she/it shall, at the end of his/her/its purchase, receive a list of the products purchased at the total final price, including value-added tax. Before the order is submitted, GEFU shall enable the Customer to check the order in terms of the accuracy of its content, in particular the price and quantity, and make any necessary corrections. The Customer shall then submit his/her/its offer by clicking on the "Place order and pay now" button. GEFU shall promptly send email confirmation of receipt of the order. Except in the case of the payment methods "Sofortüberweisung" ["Immediate Transfer"] and "PayPal", this confirmation of receipt shall not constitute acceptance of the Customer's offer, but shall merely inform the Customer that GEFU has received the order. Except in the case of "Sofortüberweisung" and "PayPal", the purchase contract shall be brought about by dispatching the goods ordered. GEFU shall inform the Customer by email that the goods have been handed over to the logistics service provider (confirmation of dispatch). In the case of the payment methods "Sofortüberweisung" and "PayPal", the conclusion of the contract shall already be brought about as a result of the Customer's actuation of the "Place order and pay now" button.
2. GEFU reserves the right to decline the Customer's order if individual products are already unavailable when the Customer places the order. Additionally, GEFU reserves the right to free itself of the obligation to perform if the goods ordered are unavailable after the contract has been concluded. GEFU shall promptly inform the Customer thereof and promptly refund the payment made by the Customer for the cancelled goods.
3. When concluding the contract, the Customer shall have the possibility of accessing the terms of contract and storing these in reproducible form. The text of the contract shall be stored by GEFU. For the Customer, the text of the contract shall be accessible by request at firstname.lastname@example.org.
4. GEFU shall not sell any goods to minors, not even goods specifically intended for minors.
Section 4 Consumer's Right to Cancel
Right to cancel
You have the right to cancel this contract within fourteen days without giving reasons. The time limit for cancellation shall be fourteen days from the date when the goods are taken possession of by you or a third party that has been designated by you and is not the carrier.
To exercise your right to cancel, you must inform
59889 Eslohe (Sauerland)
telephone: 02973 9713-0
fax: 02973 9713-55
of your decision to cancel this contract by sending GEFU GmbH an unambiguous declaration (e.g. a posted letter, a telefax or an email). For this, you may use the attached specimen cancellation form, but this is not mandatory. You may also electronically fill in the specimen cancellation form and submit it, or any other unambiguous declaration, here. If you make use of this possibility, we shall promptly send you (e.g. by email) an acknowledgement of receipt of such cancellation.
To meet the time limit for cancellation, it shall suffice if your notification exercising the right to cancel is sent off before this period expires.
Consequences of cancellation
If you cancel this contract, we shall promptly, no later than within fourteen days from the day when we receive notification of your cancellation of this contract, refund to you all payments that we have received from you, including delivery charges (except for any additional charges that have arisen as a result of you having chosen a delivery method other than the lowest-priced standard delivery offered by us). For such refund, we shall, unless otherwise expressly agreed upon with you, use the same payment instrument that you used for the original transaction. In no event shall we charge you any fees for such refund. We may refuse to give a refund until the goods have been returned to us, or until you have furnished proof that you have returned the goods, whichever point in time is earlier.
You shall return, or hand over, the goods to GEFU GmbH, Braukweg 28, 59889 Eslohe (Sauerland) promptly, in any event within fourteen days from the day when you informed us of your cancellation of this contract. The time limit shall be deemed met if you send off the goods before the fourteen-day period expires.
You shall bear the direct cost of returning the goods.
You shall be responsible for any loss of value of the goods only if such loss of value is due to the goods having been handled in a manner that is unnecessary for testing the qualities, features and/or functionality of the goods.
End of these cancellation instructions
Section 5 Prices and Shipping Charges
1. The prices stated at the time of the order shall apply. All prices are final prices, including value-added tax at the respective valid statutory rate.
2. Delivery charges as well as any additional charges for services desired by the Customer and additionally offered by GEFU in the online shop shall be indicated in the order form and be borne by the Customer. The delivery charges may vary depending upon the delivery method and the nature of the order. Information on the sum of the shipping charges can be gathered from the website Shipping Information.
Section 6 Delivery
1. GEFU shall deliver to the order address stated by the Customer. It shall only be possible to deliver within the Federal Republic of Germany (with the exception of 78266 Büsingen), Austria and Luxembourg. Delivery to P.O. boxes or mailboxes is hereby ruled out.
2. GEFU shall inform the Customer of the delivery period during the ordering process. GEFU shall promptly inform the Customer of delivery delays and notify the Customer of a new delivery period that is appropriate under the respective circumstances. Insofar as it would, as a result of the delay, be unreasonable to expect the Customer to accept the delivery, the Customer may rescind the contract by submitting in due time a declaration to GEFU in text form (in writing by telefax or email). Further statutory rights of the Customer shall remain unaffected.
3. GEFU requests that, if possible, the Customer give GEFU prompt notification if he/she/it discovers that the goods have been damaged in transit. GEFU points out that such notification is not a prerequisite for the exercise of the statutory right to cancel or for the assertion of defect-related claims.
Section 7 Payment Terms and Methods
1. The purchase price shall become due, without deduction, upon delivery. In the case of the payment methods "Sofortüberweisung" and "PayPal", the purchase price shall already fall due upon the conclusion of the contract.
2. The Customer may pay the purchase price by PayPal, credit card or Sofortüberweisung or on an invoice basis. In relation to the Customer, GEFU may, depending upon the result of a credit check and the order value, limit the payment methods available. Refunds of the purchase price shall always be made using the payment method chosen by the Customer.
a) In the case of the payment methods "PayPal" and "Sofortüberweisung", the instruction to dispatch the goods shall be issued following the respective provider's confirmation of payment.
b) With regard to the payment method "credit card", GEFU shall accept the payment services of the credit card providers Mastercard and Visa. The amount invoiced shall be reserved on the credit card on the day of the Customer's order and be debited to the credit card on the day of dispatch of the goods.
c) In the case of the payment method "invoice", GEFU shall grant the Customer a payment period of 14 days from receipt of the goods. This payment method requires that the invoice address and the delivery address be the same.
3. GEFU has appointed a reliable payment service provider, Heidelpay GmbH, to process the payment made by means of any of the aforementioned payment methods. For this purpose, Heidelpay GmbH shall require from the Customer certain information, inter alia personal information, which GEFU shall collect and pass on to Heidelpay GmbH. This information shall comprise the Customer's name and address, bank account number / IBAN and sort code / BIC or credit card number (including the security code and the validity period), the amount invoiced and the currency, as well as the transaction number. Heidelpay GmbH may use this information for the purpose of payment processing. It shall be obliged to handle the information in accordance with the German and European data protection laws.
4. The information provided by the Customer shall be checked and evaluated by GEFU, also using data from credit reference firms, and GEFU may reject individual payment methods for a justified reason. In particular, data shall where necessary, for the purpose of credit checking and creditworthiness monitoring, be exchanged with:
Section 8 Retention of Title
The goods delivered shall remain GEFU's property until all claims arising from the sale of the goods have been fully satisfied.
Section 9 Warranty
1. The statutory defect-related claims shall exist without limitation. The warranty claims shall become statute-barred two years after delivery of the goods.
2. The Customer shall be entitled to a guarantee beyond this only if GEFU has separately given such guarantee.
Section 10 Liability
1. GEFU shall be liable, without limitation, for damage claims on any legal basis whatsoever in cases of wrongful intent and gross negligence and in cases of culpable mortal injury, physical harm and/or health damage.
2. For loss arising from non-compliance with any guarantees given in writing, GEFU shall be liable to the extent of the Customer's financial interest covered by the purpose of the guarantee and evident to GEFU when giving the guarantee.
3. Moreover, GEFU's liability for breach of duties material to the contract shall be unlimited. In cases of slight negligence, the liability for damages resulting therefrom shall be limited to the scope of loss that GEFU ought to have typically anticipated at the time of the conclusion of the contract on account of the circumstances known to GEFU at this point in time. Duties material to the contract are fundamental duties decisive for the conclusion of the contract and upon whose fulfilment the Customer may reasonably rely.
4. Liability under the Produkthaftungsgesetz [Product Liability Act] shall remain unaffected.
5. In all other respects, any liability of GEFU for damages, regardless of the legal basis, is hereby ruled out.
6. Insofar as GEFU's liability is ruled out under these provisions, this shall also apply to the liability of its organs and agents, in particular its employees.
Section 11 Data Protection
All personal data communicated by the Customer shall be collected, processed and used exclusively in accordance with the respective applicable data protection policy. Details concerning the scope of the processing of the Customer's personal data ensue from GEFU's Data Privacy Statement.
Section 12 Complaints / Dispute Resolution
1. The EU has created an online procedure for the settlement of disputes between business owners and consumers. Information on this can be found at https://ec.europa.eu/consumers/odr/. The ODR platform serves as a contact point for the out-of-court settlement of disputes regarding contractual obligations ensuing from online purchase contracts.
2. GEFU is neither prepared nor obliged to participate in a dispute resolution procedure before a consumer conciliation body.
3. To contact GEFU or ask GEFU any questions in this regard, please write to the following email address:
Section 13 Copyright and Trademark
The website is the property of GEFU and is operated by GEFU. The entire content of the website, including texts, graphics, photographs, images, moving images, noises, illustrations and software (hereinafter: "Content") is GEFU's property and/or the property of its subsidiaries, licensees and/or content providers. All elements of the website, including the general design and the Content, are protected by copyrights and other rights. Unless otherwise stated within the website, it shall be impermissible to reproduce, edit, translate, store or process the Content, in particular to use the photographic material or text material on platforms such as eBay. Unless otherwise stated, all trademarks, service marks and brand names used herein are trademarks or registered trademarks of GEFU-Küchenboss GmbH & Co. KG, 59889 Eslohe. Without the prior written permission of GEFU-Küchenboss GmbH & Co. KG, 59889 Eslohe, the Customer shall not be authorised to copy, reproduce, re-publish, upload, send, transfer, distribute or alter trademarks.
Section 14 Special Provisions for Business Owners
1. The consumer's right to cancel under Section 4 of the GT&Cs shall not apply to business owners.
2. If the Customer is a business owner, the Customer's warranty rights shall, contrary to subsection 6.3 of the GT&Cs, be conditional upon the Customer having properly met its obligations to inspect the goods and give notice of any defects in accordance with Section 377 HGB [German Commercial Code]. Evident defects in the goods delivered shall be reported to GEFU in writing no later than 14 calendar days after receipt of the goods, in the case of non-evident defects promptly upon discovery. If this time limit is exceeded, all defect-related claims shall lapse.
3. Contrary to subsection 9.1 of the GT&Cs, warranty claims of business owners shall become statute-barred 12 months after delivery of the goods. This shall not apply in the case of damage claims based on defects. The provision in "Section 10 Liability" of the GT&Cs shall apply thereto.
4. If the Customer is a business owner, this contract and the entire legal relations between the parties shall be subject to the laws of the Federal Republic of Germany, excluding UN sales law (CISG). Eslohe is the exclusive place of jurisdiction for all disputes arising from or in connection with the business relationship between GEFU and the Customer. However, GEFU may also bring actions against the Customer before another court that has statutory jurisdiction over the Customer (and the Customer may, contrary to sentence 2, bring a counter-claim there).
Section 15 Final Provisions
1. The contractual language is German.
2. If any provision in this Terms and Conditions is or becomes ineffective, this shall not affect the validity of the remaining provisions of the contract. GEFU and the Customer shall replace such ineffective provision with a provision that most closely reflects the will of the contractual partners in economic terms.
[Version number of terms and conditions: 2019.001, as of 01.01.2019]