§ 1 Scope

​

(1) The following General Terms and Conditions (hereinafter: GTC) apply to all orders placed via our online store.  The GTC apply regardless of whether you are a consumer, employer or businessman.

(2) Decisive is the valid version of the GTC at the date of contractual agreement.

(3) We do not accept any deviating terms and conditions of the customer. This also applies if we do not expressly object to their inclusion.

​

§ 2 Contract Parties, Conclusion of Contract

​

(1) Purchase contract is concluded with Gartnerst Malte Baumgartner.

(2) The presentation and advertising of items in our online store constitutes a binding offer by us to conclude a purchase contract.

(3) By sending an order via the online store by clicking the button "order subject to payment" you accept our offer to conclude a purchase contract. By clicking the button "order with obligation to pay" a binding purchase contract is concluded between us.

(4) We will confirm the conclusion of the purchase contract concluded via our online store immediately by e-mail.

(5) If the delivery of the goods ordered by you is not possible, for example because the corresponding goods are not in stock, we refrain from a declaration of acceptance. In this case, a contract is not concluded. We will inform you of this immediately and refund any consideration already received without delay.

​

§ 3 Contract language, contract text record

​

The language available for the conclusion of the contract is German. The text of the contract will not be stored by us.​

​

§ 4 Terms of Delivery

​

(1) We are entitled to make partial deliveries, if this is reasonable for you.

(2) The delivery time results from the confirmation e-mail.

(3) We are not obligated to deliver the goods until the purchase price plus shipping costs has been credited to one of our business accounts via your chosen payment method.

(4) Unless otherwise agreed, delivery will be made to the delivery address provided by you.

​

§ 5 Transport damages

​

If goods are delivered with apparent transport damages, please reclaim such faults immediately to the deliverer as soon as possible and contact us immediately. Failure to make a complaint or to make contact does not in any way affect your legal rights or the enforcement of such rights, notably your warranty rights. However, you help us to be able to assert our own claims towards the forwarder, in fact transport insurance.

​

§ 6 Prices and shipping costs

​

(1) All prices in our online store are gross prices including the statutory sales tax and do not include shipping costs.

(2) The shipping costs are indicated in our price quotations in our online store. The price including VAT and applicable shipping costs is also displayed in the order mask before you submit the order.

(3) If we fulfill your order according to § 4 para. 1 by partial deliveries, you will only incur shipping costs for the first partial delivery. If the partial deliveries are made at your request, we will charge shipping costs for each partial delivery.

​

§ 7 payment conditions und set-off and retention right 

​

(1) As a buyer, you are generally obliged to pay in advance. The purchase price is due immediately upon conclusion of the purchase contract and must be paid by you via the payment methods offered by us.

(2) You are not entitled to offset against our claims unless your counterclaims have been legally established or are undisputed. You are also entitled to offset against our claims if you assert notices of defects or counterclaims from the same purchase contract.

(3) As a buyer, you may only exercise a right of retention if your counterclaim arises from the same purchase contract.

​

§ 8 Reservation of ownership

​

The goods remain our property until full payment.

​

§ 9 Cancellation policy

​

Right to withdraw

​

You have the right to cancel this contract within 14 days without giving any reason. The withdrawal period is 14 days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the goods. To exercise your right of withdrawal, you must inform us (Gartnerst Malte Baumgartner | Mittelweg 144 | 20148 Hamburg | info@gartnerst.de) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post, fax or e-mail).  To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.​

​

Consequences of withdrawal

​

If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods.

You shall only be liable for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.

​

- End of the cancellation policy –

​

§ 10  Warranty

​

We shall be liable for material defects or defects of title of delivered items in accordance with the applicable statutory provisions, in particular §§ 434 et seq. BGB. The limitation period for statutory claims for defects is two years and begins with the delivery of the goods.​

​

§ 11 Promotions and discounts

​

Promotional codes or discount codes are non-transferable, cash disbursement is excluded. In addition, they cannot be used together with other promotional codes or offers and must be used by the deadline (if one is specified).

​

§ 12 Liability

​

For claims based on damage caused by us, our legal representatives or vicarious agents, our liability is always unlimited:

-        in case of injury to life, body or health,

-        in case of intentional or grossly negligent breach of duty,

-        in the case of warranty promises, insofar as agreed, or

-        insofar as the scope of application of the Product Liability Act is opened.

In the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, liability shall be limited to the amount of the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.

​

§ 13 Copyrights

​

We have copyrights or rights of use to all images, films and texts that are published in our online store. A use of the images, movies and texts, is not permitted without our express consent.

​

§ 14 Electronic communication

​

You agree that contract-related communication may take place in electronic form.

​

§ 15 data processing

​

For the purpose of executing the contract, we process your data (e.g. collection, and transmission of data). We adhere to the legal requirements for data processing. You can find more details on this in our privacy policy.

​

§ 16 Applicable law and place of jurisdiction

​

(1) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you have placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law made in sentence 1.

(2) If you are a merchant and have your registered office in Germany at the time of the order, the exclusive place of jurisdiction is the registered office of the seller, Lüneburg. Otherwise, the applicable statutory provisions shall apply to the local and international jurisdiction.

(3) Dispute resolution: The EU Commission has created an Internet platform for online dispute resolution. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts. More information is available at the following link: http://ec.europa.eu/consumers/odr.

​

We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.

​

We are neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration board.

​

§ 17 Final provisions

​

Should individual provisions of this agreement be legally invalid, the remaining parts of the agreement shall remain binding. The invalid points shall be replaced by the statutory provisions, if any.