GENERAL TERMS AND CONDITIONS (AGB)
Contractual terms and conditions within the terms of purchase contracts that are concluded via the platform
- GOLDBLACK Premium Accessories GmbH & Co. KG
- Hauptstr. 367,51143 Cologne
- Phone: +49 (0)2203 80 69 195
- Fax: + 49 (0)2203 80 96 196
- Registry court: Cologne District Court.
- Register number: HRA 30141
hereinafter referred to as "provider" -
the customer referred to in § 2 of the contract - hereinafter referred to as the "Customer" - can be closed.
§1 Scope of application, definitions
(1) For the business relationship between GOLDBLACK Premium Accessoires GmbH & Co. KG (hereinafter referred to as "Supplier") and the customer (hereinafter referred to as "Customer")
are exclusively subject to the following General Terms and Conditions in their valid version at the time of ordering.
Deviating terms and conditions of the purchaser will not be accepted unless the supplier expressly agrees to their validity in writing.
(2) The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be attributed to his commercial or independent professional activity.
Entrepreneur, on the other hand, is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or self-employed professional activity.
§2 Conclusion of contract
(1) The customer can select products and premium accessories from the assortment online at www.goldblack.de of the supplier and collect them in a so-called shopping cart via the button "Add to shopping cart".
By clicking the button "chargeable order" he submits a binding application for the purchase of the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time.
However, the application can only be submitted and transmitted if the customer has accepted these terms and conditions of contract by clicking on the "Accept Terms and Conditions" button and has thereby included them in his application.
(2) The supplier then sends the customer an automatic acknowledgement of receipt by e-mail, in which the customer's order is listed once again and which the customer can print via the "Print" function.
The automatic acknowledgement of receipt merely documents that the customer's order has been received by the supplier and does not constitute an acceptance of the application.
The contract shall only come into existence upon submission of the declaration of acceptance by the provider, which will be sent with a separate e-mail (confirmation of order).
§3 Delivery, availability of goods
(1) If no copies of the product selected by the customer are available at the time of the customer's order, the supplier shall inform the customer of this in the order confirmation without delay.
If the product is permanently unavailable, the supplier refrains from a declaration of acceptance. In this case, a contract is not concluded.
(2) If the product specified by the customer in the order is only temporarily unavailable, the supplier will also inform the customer immediately in the order confirmation.
In the event of a delay in delivery of more than two weeks, the customer has the right to withdraw from the contract. In all other respects, the provider is also entitled to withdraw from the contract in this case.
In doing so, he shall immediately reimburse any payments already made by the customer.
§4 Retention of title
The delivered goods remain the property of the supplier until full payment has been made.
§5 Prices and shipping costs
(1) All prices stated on the provider's website are understood to include the applicable statutory sales tax. Customs duties and similar charges shall be borne by the customer.
These will be paid for if the goods are purchased outside the EU.
(2) The corresponding shipping costs shall be indicated to the customer in the order form and shall be borne by the customer unless the customer makes use of his right of withdrawal.
(3) The goods are dispatched with selected shipping service providers. The supplier bears the shipping risk if the customer is a consumer.
(4) In the event of a revocation, the customer shall bear the regular costs of the return shipment.
(5) *In the event of late payment of any customs duties or failure to collect the goods after unsuccessful delivery and the resulting return shipment, GOLDBLACK shall reimburse the purchase price less any return shipping costs and fees.
We will endeavour to deliver your shipment within the specified delivery time, but in some or few cases there may be unexpected delays caused by the transport service provider or government agencies over which we have no control.
We are happy to support you in these cases.
§6 Payment modalities
(1) The customer may pay by PayPal, direct debit or credit card.
(2) The customer can change the payment method stored in his user account at any time.
(3) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of payment is determined by the calendar, the customer shall be deemed to be in default if the due date is missed.
In this case he has to pay default interest of 5 percentage points above the base rate to the provider.
(4) The customer's obligation to pay interest on arrears does not exclude the assertion of further damages caused by delay by the supplier.
§7 Warranty for material defects, guarantee
(1) The provider is liable for material defects according to the applicable legal regulations, in particular §§ 434 ff. BGB. With respect to entrepreneurs, the warranty period for goods delivered by the supplier is 12 months.
(2) An additional guarantee exists for the goods delivered by the supplier only if this has been expressly given in the order confirmation for the respective article.
(1) Claims of the customer for damages are excluded. Excluded from this are the customer's claims for damages arising from injury to life, limb, health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages which are based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.
(2) In the event of a breach of essential contractual obligations, the provider shall only be liable for foreseeable damage typical of the type of contract if this was caused by simple negligence, unless the customer has claims for damages arising from injury to life, limb or health.
(3) The limitations of paragraphs 1 and 2 shall also apply in favour of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.
(4) The provisions of the Product Liability Act shall remain unaffected.
§9 Revocation policy
right of revocation
You can revoke your contractual statement within 14 days without giving reasons in writing (e. g. letter, fax, e-mail) or - if the goods are handed over to you before the deadline - also by returning the goods. The period begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient (in case of recurring delivery of similar goods not before receipt of the first partial delivery) and also not before fulfilment of our information duties according to Art. 246 § 2 in connection with § 1 para. 1 and 2 EGBGB. The punctual dispatch of the revocation or the goods suffices to comply with the revocation period. The punctual dispatch of the revocation or the goods suffices to comply with the revocation period.
The revocation must be addressed to:
- GOLDBLACK Premium Accessories GmbH
- -Department of Returns -
- Main street 367
- 51143 Cologne
§ 10 Personalized products (Custom Made)
Content of image files, technical requirements of the data, impairment of third party rights when using personalization.
(1) All personalization content sent by the Customer and used to personalize a Goldblack product is the sole responsibility of the Customer. This applies in particular to images, graphics, texts or other materials.
(2) The customer himself is responsible for spelling, image sharpness, image quality and the quality of the design of his used images, graphics and texts.
(3) The permitted formats are: JPG or PNG format. We recommend a minimum resolution of 300 pixels.
(4) For all personalization orders transmitted to Goldblack Premium Accessoires, the necessary copyright, trademark or other rights of the customer are assumed.
(5) We would like to point out that third parties can assert considerable claims for damages against customers in the event of copyright-infringing content.
(6) The customer is liable for all consequences resulting from a violation of the aforementioned rights and exempts Goldblack Premium Accessoires from any liability in the event of a claim by a third party.
(7) By placing the order, the customer assures that the contents of the transferred image files do not violate the penal laws. Goldblack Premium Accessoires reserves the right to refuse such orders upon knowledge.
(8) Personalized and exclusively manufactured products are excluded from exchange and return.
If you revoke this contract, we will refund to you all payments received from you, excluding the delivery costs (except for the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), immediately and no later than within fourteen days from the day on which we receive notice of your revocation of this contract. We will use the same means of payment for this repayment as you used in the original transaction, unless otherwise expressly agreed with you; in no case will you be charged for 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 delay and in any case at the latest within fourteen days of the day on which you inform us about the revocation of this contract. The deadline is respected if you send the goods before the expiry of the 14-day deadline.
You shall bear the direct costs of returning the goods.
They shall only be liable for any loss in value of the goods if this loss in value is due to a handling of the goods which is not necessary for the examination of the quality, properties and functioning of the goods.
End of the revocation instruction
According to § 312d Abs. 4 Nr. 2 BGB there is no right of revocation for the delivery of audio or video recordings or software, if the delivered data carriers have been unsealed by you.
§10 Information on data processing
(1) The provider collects data of the customer within the framework of the execution of contracts. In particular, it observes the regulations of the Federal Data Protection Act and the Telemedia Act. Without the customer's consent, the provider will only collect, process or use the customer's inventory and usage data if this is necessary for the processing of the contractual relationship and for the use and billing of telemedia.
(2) Without the customer's consent, the provider will not use the customer's data for advertising, market or opinion research purposes.
(3) The customer has the possibility at any time to retrieve, change or delete the data stored by him under the button "My data" in his profile. In all other respects, reference is made to the data protection declaration with regard to the customer's consent and further information on data collection, processing and use, which can be called up at any time on the provider's website via the "Data protection" button in printable form.
§11 Final clauses
(1) The law of the Federal Republic of Germany shall apply to contracts between the provider and the customer, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) Insofar as the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.
(3) The remaining parts of the contract shall remain binding even if individual points are legally ineffective. The ineffective points will be replaced by the legal regulations, if applicable. Insofar as this would represent an unreasonable hardship for one of the contracting parties, however, the contract as a whole shall become ineffective.