General conditions of sale
scope
These terms and conditions apply to all purchases made by private customers at GS.net GmbH & Co. KG[https://gs-power .biz/impressum /].
Private customers in this sense are people with their place of residence and delivery address in the Federal Republic of Germany, insofar as the goods they have ordered cannot be attributed to their commercial or independent professional activity.
Business customers are asked to place orders on the order pages accessible via the business customer login.
Prices and shipping costs
The prices awarded are final prices including sales tax. The amount that is shown at the time of the binding order applies. There are also shipping costs, which depend on the type of shipping and the size and weight of the goods you have ordered. We bear the regular costs of the return, which arise in the event that you return the goods while exercising your right of withdrawal. If you exercise your right of withdrawal, we will also reimburse you for the shipping costs.
payment
Payment is made upon delivery by means of
– Credit card
– Payment in advance
– PayPal
Late payment
If you are in default of payment, GS.net GmbH & Co. KG is entitled to demand default interest of 5 percentage points above the base rate p.a. announced by the Deutsche Bundesbank for the time of the order. If GS.net GmbH & Co. KG has demonstrably incurred higher default damage, GS.net GmbH & Co. KG is entitled to assert this.
Right of retention
The customer is only authorized to exercise a right of retention if his counterclaim is based on the same contractual relationship.
delivery
(1) Delivery is made to the delivery address specified by the customer within
– Europe
– Worldwide
(2) If force majeure (natural disasters, war, civil war, terrorist attack) makes delivery or any other service permanently impossible, GS.net GmbH & Co. KG is not obliged to perform. GS.net GmbH & Co. KG will immediately reimburse amounts already paid.
(3) GS.net GmbH & Co. KG can also refuse the service if this requires an effort that, taking into account the content of the sales contract and the requirements of good faith, is grossly disproportionate to the customer’s interest in fulfilling the Purchase contract stands. GS.net GmbH & Co. KG will immediately reimburse amounts already paid.
(4) Bulky goods (packages with a volume greater than 1 square meter) are usually delivered by a forwarding agency. GS.net GmbH & Co. KG expressly points out that these goods are not carried into the house.
Favorable shipping method for returns
(1) When returning the goods and accessories, please use the original packaging if possible, even if it has been damaged through an opening for a functional test.
(2) Please use the fully franked and addressed return label enclosed with the delivery of goods to return the goods. It is the easiest and cheapest shipping option. You have no obligation to use this return process. However, if you choose an unnecessarily expensive shipping method, you may be obliged to pay us the higher costs than a cheaper shipping method.
Retention of title
The delivered goods remain the property of GS.net GmbH & Co. KG until all claims against the customer from the purchase contract have been settled in full. As long as this retention of title exists, the customer may neither resell the goods nor dispose of them; in particular, the customer may not contractually allow third parties to use the goods.
Defect rights
(1) A product that is already defective upon delivery (warranty case) will be replaced by GS.net GmbH & Co. KG at the customer’s option or professionally repaired (supplementary performance) at the expense of GS.net GmbH & Co. KG. The customer’s attention is drawn to the fact that there is no warranty case if the product was of the agreed quality when the risk passed. A warranty case does not exist in the following cases in particular:
a) in the event of damage caused to the customer by misuse or improper use,
b) in the event of damage caused by the customer’s products being exposed to harmful external influences (in particular extreme temperatures, humidity, exceptional physical or electrical stress, voltage fluctuations, lightning strikes, static electricity, fire).
(2) GS.net GmbH & Co. KG also provides no guarantee for a fault that has arisen as a result of improper repairs by a service partner who is not authorized by the manufacturer.
(3) If the type of supplementary performance desired by the customer (replacement delivery or repair) requires an effort that is grossly disproportionate to the customer’s service interests in view of the product price, taking into account the content of the contract and the principles of good faith – with the value in particular of the purchased item in a defect-free condition, the significance of the defect and the question of whether the other type of supplementary performance can be used without significant disadvantages for the customer – the customer’s claim is limited to the other type of supplementary performance. The right of GS.net GmbH & Co. KG to refuse this other type of supplementary performance under the aforementioned condition remains unaffected.
(4) Both in the event of repairs and in the event of a replacement delivery, the customer is obliged to send the product to the return address specified by GS.net GmbH & Co. KG at the expense of GS.net GmbH & Co. KG, stating the order number. Before submitting the product, the customer must remove any objects he has inserted. GS.net GmbH & Co. KG is not obliged to examine the product for the installation of such objects. GS.net GmbH & Co. KG is not liable for the loss of such objects, unless it was immediately apparent to GS.net GmbH & Co. KG when the product was taken back that such an object had been inserted into the product ( in this case GS.net GmbH & Co. KG informs the customer and holds the item ready for the customer to collect; the customer bears the costs incurred). Before sending in a product for repair or replacement, the customer must, if necessary, make separate backup copies of the system software, the applications and all data on the product on a separate data carrier and deactivate all passwords. Liability for data loss is not taken. It is also the responsibility of the customer to install the software and data and reactivate the passwords after the repaired product or the replacement product has been returned.
(5) If the customer sends in the goods in order to receive an exchange product, the return of the defective product is based on the following stipulation: If the customer was able to use the goods in a defect-free condition between delivery and return, they have the value of the ones they took To reimburse usages. For any loss or further deterioration of the goods that was not caused by the defect, as well as for the impossibility of surrendering the goods in the period between delivery of the goods and the return of the goods, the customer must pay compensation. The customer does not have to pay compensation for the deterioration of the goods caused by the intended use of the goods. The obligation to compensate for the value does not apply to the return of a defective product in the event of a warranty claim,
a) if the defect justifying withdrawal only became apparent during processing or redesign,
b) if GS.net GmbH & Co. KG is responsible for the deterioration or destruction or if the damage would also have occurred at GS.net GmbH & Co. KG,
c) if the deterioration or the downfall has occurred to the customer, although the customer has observed the care that he is used to in his own affairs.
(6) The customer’s liability for damages in the event of a breach of the obligation to return goods for which the customer is responsible is based on the statutory provisions.
(7) The customer can choose to withdraw from the contract or reduce the purchase price if the repair or replacement delivery has not resulted in the product being in conformity with the contract within a reasonable period of time.
(8) In addition, there may be claims against the manufacturer within the framework of a guarantee granted by the manufacturer, which are based on the corresponding guarantee conditions.
(9) GS.net GmbH & Co. KG’s statutory warranty ends two years from delivery of the goods. The deadline starts once goods are received.
liability
(1) In the event of slight negligence, GS.net GmbH & Co. KG is only liable in the event of a breach of essential contractual obligations and limited to the foreseeable damage. This restriction does not apply to injury to life, limb and health. GS.net GmbH & Co. KG is not liable for other slightly negligent damage caused by a defect in the purchased item.
(2) Regardless of any fault on the part of GS.net GmbH & Co. KG, GS.net GmbH & Co. KG’s liability for fraudulent concealment of the defect or the assumption of a guarantee remains unaffected. The manufacturer’s guarantee is a guarantee from the manufacturer and does not represent an assumption of a guarantee by GS.net GmbH & Co. KG.
(3) GS.net GmbH & Co. KG is also responsible for the accidental impossibility of delivery during its delay, unless the damage would have occurred even if delivery had been made on time.
(4) The personal liability of the legal representatives, vicarious agents and employees of GS.net GmbH & Co. KG for damage caused by them through slight negligence is excluded.
Applicable Law
The contract concluded between you and GS.net GmbH & Co. KG is subject exclusively to the law of the Federal Republic of Germany with the express exclusion of the UN sales law. The mandatory provisions of the state in which you have your habitual residence remain unaffected.
Place of jurisdiction
If, contrary to your information when ordering, you do not have a place of residence in the Federal Republic of Germany or if you move your place of residence abroad after signing the contract or if your place of residence is not known at the time the action is brought, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship[Aschaffenburg].
Dispute resolution
General information requirements for alternative dispute resolution according to Art. 14 Para. 1 ODR-VO and § 36 VSBG (Consumer Dispute Settlement Act):
The European Commission provides a platform for online dispute resolution, which you can find at this address: http://ec.europa.eu/consumers/odr/. We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
Final provisions
(1) Should individual provisions of this contract be or become wholly or partially ineffective or void, this shall not affect the effectiveness of the rest of the contract, insofar as a contractual partner is not unreasonably disadvantaged as a result.
(2) Changes or additions to this contract must be made in writing.
Right of withdrawal
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
In order to exercise your right of withdrawal, you must send a clear declaration to us (GS.net GmbH & Co. KG Bachstr. 15 63762 Großostheim Tel .: 06026 9999310 E-Mail: info@gs-power.net) by means of a clear declaration (e.g. a with letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.
Consequences of the withdrawal
If you withdraw from this contract, we will have given you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), to be repaid immediately and at the latest within fourteen days from the day 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 case will you be charged any fees for this repayment. We can refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the date on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. We bear the costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.
Sample withdrawal form
(If you want to cancel the contract, please fill out this form and send it back.)
- At:
GS.net GmbH & Co. KG
Bachstr. 15
63762 Großostheim - 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 (*)
- Name of the consumer (s)
- Address of the consumer (s)
- Signature of the consumer (s) (only when notified on paper)
- date
___________
(*) Delete where inapplicable.
