Terms of service

Table of Contents

1. Scope
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Conditions
6. Retention of Title
7. Liability for Defects (Warranty)
8. Liability
9. Redemption of Gift Vouchers
10. Applicable Law
11. Place of Jurisdiction
12. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of GEMA Sanitär - und Heizungsgroßhandel GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods presented by the Seller in his online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 These GTC apply accordingly to contracts for the delivery of vouchers, unless otherwise stipulated.

1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that can predominantly not be attributed to their commercial or independent professional activity.

1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a legally capable partnership that acts in the exercise of their commercial or independent professional activity when concluding a legal transaction.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve to submit a binding offer by the Customer.

2.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding contract offer regarding the goods contained in the shopping cart by clicking the button that completes the ordering process. Furthermore, the Customer can also submit the offer to the Seller by email, via the online contact form, by post, or by telephone.

2.3 The Seller can accept the Customer's offer within five days,

• by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the Customer is decisive, or
• by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or
• by requesting payment from the Customer after the Customer has submitted their order.

If several of the aforementioned alternatives apply, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The deadline for accepting the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is deemed a rejection of the offer with the consequence that the customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal User Agreement, available at https://www.paypal.com/de/legalhub/paypal/useragreement-full or - if the customer does not have a PayPal account - subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the seller hereby declares acceptance of the customer's offer at the time the customer clicks the button that completes the ordering process.

2.5 When ordering via the seller's online order form, the contract text is stored by the seller after the contract is concluded and transmitted to the customer in text form (e.g., email, fax, or letter) after the customer's order is sent. The seller does not make the contract text accessible in any other way. If the customer has set up a user account in the seller's online shop before sending their order, the order data will be archived on the seller's website and can be retrieved free of charge by the customer via their password-protected user account by providing the corresponding login data.

2.6 Before submitting a binding order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the browser's zoom function, which can be used to enlarge the display on the screen. The customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that completes the ordering process.

2.7 Different languages are available for concluding the contract. The specific language selection is displayed in the online shop.

2.8 Order processing generally takes place automatically by email. The customer must ensure that the email address they provide for order processing is correct, so that emails sent by the seller can be received at this address.

3) Right of withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the seller's withdrawal policy.

4) Prices and payment terms

4.1 Unless otherwise stated in the seller's product description, the prices indicated are total prices that include the statutory value added tax. Any additional delivery and shipping costs are stated separately in the respective product description.

4.2 The payment option(s) will be communicated to the customer in the seller's online shop.

4.3 If advance payment by bank transfer is agreed, payment is due immediately upon conclusion of the contract, unless the parties have agreed on a later due date.

4.4 If a payment method offered via the payment service "PayPal" is selected, payment processing is carried out via PayPal, whereby PayPal may also use the services of third-party payment service providers for this purpose. Insofar as the seller also offers payment methods via PayPal in which the seller provides services to the customer in advance (e.g. purchase on account or installment payment), the seller assigns its payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer. Before accepting the seller's assignment declaration, PayPal or the payment service provider commissioned by PayPal carries out a credit check using the transmitted customer data. The seller reserves the right to refuse the selected payment method to the customer in the event of a negative check result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, the customer can only make payment with discharging effect to PayPal or the payment service provider commissioned by PayPal. However, the seller remains responsible for general customer inquiries, e.g. regarding goods, delivery time, shipping, returns, complaints, withdrawal declarations and returns, or credits, even in the case of assignment of the claim.

4.5 If you select the payment method "Sofortüberweisung", payment processing is carried out by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (hereinafter "Klarna"). In order to pay the invoice amount via "Sofortüberweisung", the customer must have an online banking account enabled for participation in "Sofortüberweisung", must identify themselves accordingly during the payment process, and must confirm the payment instruction. The payment transaction is then carried out immediately by Klarna and the customer's bank account is debited. Further information about the "Sofortüberweisung" payment method can be found on the Internet at https://www.klarna.com/sofort/ .

4.6 If you select a payment method offered via the payment service "Shopify Payments", payment processing is carried out by Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland ("Shopify"). The individual payment methods offered via Shopify Payments are communicated to the customer in the seller's online shop. To process payments, Shopify may use other payment services, for which special payment terms may apply, and the customer may be separately notified of these. Further information about "Shopify Payments" can be found on the Internet at https://www.shopify.com/legal/terms-payments/de .

4.7 If you select the payment method "purchase on account", the purchase price becomes due after the goods have been delivered and invoiced. In this case, unless otherwise agreed, the purchase price is payable within 30 days of the invoice date without deduction to Klarna AB, Sveavägen 46, 11134 Stockholm, Sweden (www.klarna.de). The "purchase on account" payment method requires a successful credit check by Klarna AB. If the customer is permitted to use the "purchase on account" payment method after the credit check, payment processing is carried out in cooperation with Klarna AB, to whom the seller assigns its payment claim. In this case, the customer can only make payment to Klarna AB with discharging effect. Otherwise, the General Terms and Conditions of Klarna AB apply, which the customer can access during the ordering process. The seller reserves the right to offer the "purchase on account" payment method only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of the corresponding payment restriction in the payment information in the online shop.

4.8 When selecting the payment method "PayPal Invoice", the seller assigns its payment claim to PayPal. Before accepting the seller's assignment declaration, PayPal carries out a credit check using the transmitted customer data. The seller reserves the right to refuse the customer the payment method "PayPal Invoice" in the event of a negative check result. If the payment method "PayPal Invoice" is approved by PayPal, the customer must pay the invoice amount to PayPal within 30 days of receiving the goods, unless PayPal specifies a different payment deadline. In this case, the customer can only make payment to PayPal with discharging effect. However, even in the case of assignment of the claim, the seller remains responsible for general customer inquiries, e.g. regarding goods, delivery time, shipping, returns, complaints, withdrawal declarations and submissions, or credits. In addition, the General Terms of Use for the use of PayPal purchase on invoice apply, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/pui-terms.

5) Delivery and Shipping Conditions

5.1 If the seller offers shipping of the goods, delivery shall be made within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive.

5.2 For goods delivered by freight forwarder, delivery shall be made "free curbstone", i.e. up to the public curbstone nearest to the delivery address, unless otherwise specified in the shipping information in the seller's online shop and unless otherwise agreed.

5.3 If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the costs of the outward shipment if the customer effectively exercises their right of withdrawal. For return shipping costs, in the event of an effective exercise of the right of withdrawal by the customer, the regulation set out in the seller's withdrawal policy shall apply.

5.4 If the customer is acting as a business, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer as soon as the seller has delivered the item to the carrier, freight forwarder, or any other person or institution designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes only upon delivery of the goods to the customer or to a person authorized to receive them. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the sold goods also passes to the customer even in the case of consumers as soon as the seller has delivered the item to the carrier, freight forwarder, or any other person or institution designated to carry out the shipment, if the customer has commissioned the carrier, freight forwarder, or any other person or institution designated to carry out the shipment with the execution and the seller has not previously named this person or institution to the customer.

5.5 If the customer is acting as a consumer with residence in Germany or as a business, the seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. However, this applies only if the non-delivery is not attributable to the seller and the seller has concluded a specific covering transaction with the supplier with the due care. The seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.

5.6 If the seller offers the goods for collection, the customer may collect the ordered goods within the business hours specified by the seller at the address specified by the seller. In this case, no shipping costs will be charged.

6) Retention of title

If the seller performs in advance, the seller retains ownership of the delivered goods until the full payment of the purchase price owed.

7) Liability for defects (warranty)

Unless otherwise provided in the following provisions, the statutory provisions on liability for defects shall apply. Deviating from this, the following applies to contracts for the delivery of goods:

7.1 If the customer is acting as a business,

• the seller has the choice of the type of subsequent performance;
• for new goods, the limitation period for defect claims is one year from delivery of the goods;
• for used goods, defect claims are excluded;
• the limitation period does not recommence if a replacement delivery is made within the scope of liability for defects.

7.2 The aforementioned limitations of liability and shortening of periods do not apply

• to claims for damages and reimbursement of expenses by the customer,
• in the event that the seller has fraudulently concealed the defect,
• for goods that have been used in accordance with their usual purpose for a building and have caused its defectiveness,
• for any existing obligation of the seller to provide updates for digital products, in contracts for the supply of goods with digital elements.

7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.

7.4 If the customer acts as a merchant within the meaning of § 1 HGB, the customer is subject to the commercial duty of inspection and notification of defects in accordance with § 377 HGB. If the customer fails to comply with the notification duties regulated there, the goods shall be deemed approved.

7.5 If the customer acts as a consumer, the customer is requested to complain about goods delivered with obvious transport damage to the carrier and to inform the seller thereof. If the customer does not do so, this has no effect on their statutory or contractual warranty claims.

8) Liability

The seller shall be liable to the customer for all contractual, quasi-contractual and statutory, including tortious, claims for damages and reimbursement of expenses as follows:

8.1 The seller shall be liable without limitation on any legal basis

• in the case of intent or gross negligence,
• in the case of intentional or negligent injury to life, body or health,
• on the basis of a guarantee promise, unless otherwise agreed in this regard,
• on the basis of mandatory liability such as under the Product Liability Act.

8.2 If the customer acts as a consumer with residence in Germany or as an entrepreneur, the following limitations of liability apply:

If the seller negligently breaches an essential contractual obligation, its liability shall be limited to the contract-typical, foreseeable damage, unless it is liable without limitation in accordance with the preceding clause. Essential contractual obligations are obligations that the contract imposes on the seller according to its content to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on the compliance with which the customer may regularly rely. Otherwise, the seller's liability is excluded unless it is liable without limitation in accordance with the preceding clause.

8.3 The aforementioned liability provisions also apply with regard to the seller's liability for its vicarious agents and legal representatives.

9) Redemption of gift vouchers

9.1 Vouchers that can be purchased via the seller's online shop (hereinafter "gift vouchers") can only be redeemed in the seller's online shop, unless otherwise stated on the voucher.

9.2 Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

9.3 Gift vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers.

9.4 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller may be used to pay the difference.

9.5 The balance of a gift voucher is neither paid out in cash nor does it accrue interest.

9.6 The gift voucher is transferable. The seller may make payment with discharging effect to the respective holder who redeems the gift voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the holder's lack of entitlement, legal incapacity, or lack of authority to represent.

10) Applicable law

All legal relations between the parties shall be governed by the law of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. In the case of consumers, this choice of law applies only to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.

11) Place of jurisdiction

If the customer is a merchant, a legal entity under public law, or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business. If the customer has its registered office outside the territory of the Federal Republic of Germany, the seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract, provided that the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the aforementioned cases, however, the seller is in any case entitled to bring an action before the court at the customer's place of business.

12) Alternative dispute resolution

The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.