General terms and conditions for orders in the online store


GTC with customer information


1. Scope of application
 

1.1. The business relationship between Pferdegold Vertriebs GmbH, Weinbergstraße 9, 97342 Seinsheim (hereinafter “Seller”) and the customer (hereinafter “Customer”) shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order.


1.2. The customer can reach the customer service for questions, complaints and objections by e-mail at info@pferde-gold.com.


1.3. A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for a purpose that can predominantly be attributed neither to their commercial nor their independent professional activity (§ 13 BGB).





1.4. Deviating terms and conditions of the customer are not recognized unless the seller expressly agrees to their validity.








2. Offers and service descriptions


2.1. The presentation of the products in the online store does not constitute a legally binding offer, but an invitation to place an order. 


2.2. The customer can select products from the seller's range without obligation and collect them in a so-called shopping cart using the [add to cart] button. Within the shopping cart, the product selection can be changed, e.g. deleted. The customer can then complete the order process within the shopping cart by clicking the [Checkout] button. 


2.3. By clicking the [Buy] button, the customer submits a binding request to purchase the goods in the shopping cart. Before completing the order, the customer can change and view the data at any time and use the browser function “back” to return to the shopping cart or cancel the order process altogether. Required information is marked with an asterisk (*).


2.4 The seller then sends the customer an automatic confirmation of receipt by e-mail, in which the customer's order is listed again (order confirmation). The automatic confirmation of receipt merely documents that the customer's order has been received by the seller and does not constitute the conclusion of a purchase contract. The purchase contract is only concluded when the seller has handed over the ordered product to the customer within 2 days, or has confirmed shipment to the customer within 2 days with a second e-mail, express order confirmation or sending of the invoice. 


2.5 If the seller enables payment in advance (here: payment by direct debit), the contract is concluded when the bank details are provided and the customer is requested to pay within the next 14 days. If the payment has not been received by the seller within 14 calendar days of the order confirmation being sent despite the due date, even after a further request, the seller shall withdraw from the contract with the result that the order shall lapse and the seller shall have no obligation to deliver. A reservation of the article for payment in advance (payment by direct debit) is therefore made for a maximum of 14 calendar days. 






3. Prices and shipping costs 


3.1. All prices stated on the seller's website include the applicable statutory value added tax. 


3.2. There are no shipping costs for deliveries within Germany. For deliveries to Austria, a flat-rate shipping fee of EUR 6.90 will be charged.





4. Delivery, availability of goods


4.1. Unless otherwise agreed, the goods shall be delivered from our warehouse to the specified address in Germany or Austria. The delivery time for deliveries within Germany is approx. 2-3 working days, for deliveries to Austria approx. 4-5 working days. If payment in advance has been agreed, delivery will be made approximately 3-4 days after receipt of the invoice amount.


4.2. Should the delivery of the goods fail through the fault of the customer despite three delivery attempts, the seller may withdraw from the contract. Any payments made will be refunded to the customer immediately.


4.3. The seller is not obliged to deliver the ordered goods if he has duly ordered the goods but the goods were not delivered correctly or on time (congruent covering transaction). The prerequisite is that the seller is not responsible for the unavailability of the goods. In addition, the seller must not have assumed the risk of procuring the ordered goods. If the goods are unavailable, the customer will be reimbursed immediately for any payments already made. The seller does not assume the risk of having to procure the ordered goods (procurement risk). This also applies to orders for goods that are only described by their type and characteristics (generic goods). The seller is only obliged to deliver from his stock of goods and the goods ordered from the supplier.






5. Payment modalities


5.1. The customer can choose from the available payment methods during and before completion of the order process. Payment can be made by:

- credit card
- Paypal.
- Payment in advance (here: Payment by direct debit (“Sofortüberweisung” Klarna))
- Sofortüberweisung (Klarna)
- iDeal
- eps bank transfer
- Bancontact
- Purchase on account (Klarna)




5.2 The seller is responsible for selecting the available payment methods. In particular, he reserves the right to offer the customer only selected payment methods for payment, for example, to secure his credit risk only prepayment.
If the payment method prepayment (payment by direct debit) is selected, the seller, through its partner Klarna, shall provide the customer with its bank details in the order confirmation. The invoice amount must be transferred to the specified account within 14 days of receipt of the order confirmation.



5.3 When paying by credit card, the purchase price is reserved on your credit card at the time of the order (authorization). The credit card account is actually debited at the time the seller dispatches the goods.


5.4 When paying with PayPal, the customer will be redirected to the website of the online provider PayPal during the ordering process. In order to be able to pay the invoice amount via PayPal, the customer must be registered there or first register, legitimize himself with his access data and confirm the payment instruction. After placing the order in the store, the seller requests PayPal to initiate the payment transaction. The customer receives further instructions during the ordering process. The payment transaction will be carried out automatically by PayPal immediately afterwards.



5.5  In the case of payment by direct debit, the customer shall bear any costs incurred as a result of a chargeback of a payment transaction due to insufficient funds in the account or due to incorrectly transmitted bank account details.
 

5.6. The customer's obligation to pay default interest does not preclude the seller from claiming further damages caused by default.



5.7. The customer shall only have a right of set-off if his counterclaims have been legally established and recognized by the seller or are in a close mutual relationship to the main claim. The customer may only exercise a right of retention if the claims result from the same contractual relationship.
 
 
6. Retention of title

The delivered goods remain the property of the seller until full payment has been made. 








7. Warranty for material defects




The warranty is governed by the statutory provisions. 








8. Revocation instruction




In the event that the customer is a consumer within the meaning of Section 13 of the German Civil Code (BGB), i.e. makes the purchase for purposes which cannot be attributed primarily to his commercial or independent professional activity, he has a right of withdrawal in accordance with the following provisions.




• Right of withdrawal




The customer has the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which the customer or a third party named by the customer, who is not the carrier, has taken possession of the goods.
In order to exercise his right of withdrawal, the customer shall inform the seller of his decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or e-mail).
The customer may use the attached sample withdrawal form for this purpose, but this is not mandatory.

 

Sample withdrawal form

 

I/we ( *) hereby cancel the contract concluded by me/us ( *) for the purchase of the following goods (*):

Ordered on ( *)/received on ( *)

Name of the consumer(s):

Address of the consumer(s):

Signature of the consumer(s)___________ (only in case of notification on paper) Date:_____________

 

(*) Delete as appropriate.

 

The revocation is to be sent to:

 

Pferdegold Vertriebs GmbH
Weinbergstraße 9
97342 Seinsheim
Telephone: 093 325 999 099
E-mail: info@pferde-gold.de

 

In order to comply with the withdrawal period, it is sufficient for the customer to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

 

Consequences of withdrawal:

 

If the customer withdraws from the contract, the seller shall reimburse the customer for all payments made, including delivery costs (with the exception of additional costs resulting from the fact that the customer has chosen a type of delivery other than the cheapest standard delivery offered by the seller), immediately and at the latest within fourteen days from the day on which the seller receives notification of the withdrawal from the contract. For this repayment, the seller shall use the same means of payment that the customer used for the original transaction, unless a different means of payment has been expressly agreed; in no case shall the customer be charged any fees for the refund.

 

The seller may withhold the refund until he has received the goods back or the customer has provided proof that he has returned the goods, whichever is the earlier.

 

The customer must return or hand over the goods to the seller immediately and in any case no later than fourteen days from the day on which he informed the seller of the revocation of this contract. The deadline is met if the customer sends the goods before the expiry of the fourteen-day period and provides proof of dispatch.

 

The return costs are to be borne by the customer in all cases.

 

The customer must pay for any loss in value of the goods if the goods are not returned in perfect, unopened condition.

 

 

9. Voluntary return

 

In addition to the statutory right of withdrawal, the seller grants a 30-day right of return. The period begins upon receipt of the goods. The deadline is met if the customer sends the goods before the 30-day period has expired. The purchase price will be refunded by the seller within 14 days of receipt of the returned goods. The direct costs for the return shipment are to be borne by the customer.

 

 

10. Liability

 

10.1. The following exclusions and limitations of liability shall apply to the Seller's liability for damages (without prejudice to the other statutory requirements for claims):

 

10.2. The Seller shall be liable without limitation insofar as the cause of the damage is based on intent or gross negligence.

 

10.3. Furthermore, the Seller shall be liable for the slightly negligent breach of material obligations, the breach of which jeopardizes the achievement of the purpose of the contract, or for the breach of obligations, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the Customer regularly relies. In this case, however, the seller is only liable for the foreseeable damage typical for the contract. The Seller shall not be liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.

 

10.4. The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.

 

10.5. Insofar as the liability of the seller is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.

 

 

11. Storage of the Contract text

 

11.1. The customer can print out the text of the contract before submitting the order to the seller by using the print function of his browser in the last step of the order.

 

11.2. The seller shall also send the customer an order confirmation with all order data to the e-mail address provided by the customer. With the order confirmation, but at the latest upon delivery of the goods, the customer will also receive a copy of the General Terms and Conditions together with the cancellation policy and the information on shipping costs and delivery and payment terms. If the customer has registered in the online store www.pferdegold.de, he can view the orders he has placed in his profile area. In addition, the seller saves the contract text, but does not make it accessible on the Internet.

 

 

12. Final Provisions

 

12.1. Should any provision of these General Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions. If the contractual partner is a merchant in accordance with the German Commercial Code (HGB), the place of jurisdiction shall be the registered office of this company, Pferdegold Vertriebs GmbH.

 

12.2. The contractual language is German.

 

12.3. Exclusion clause: The products offered here may not be resold on the Amazon sales platform. This applies to both end consumers and traders.

 

12.4. Platform of the European Commission for online dispute resolution (OS) for consumers: http://ec.europa.eu/consumers/ We are not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.