General terms and conditions (AGB)
Contract conditions in the context of sales contracts, concluded via the platform
– GOLDBLACK Premium Accessoires GmbH & Co. KG
– Hauptstr.367, 51143 Köln
– Phone: +49 (0) 2203 80 69 195
- Fax: + 49 (0) 2203 80 96 196
– Registry court: Amtsgericht Köln.
- Commercial registry number: HRA 30141 – hereinafter ‘provider‘ -
the customers described in § 2 of these terms and conditions - hereinafter ‘customer’ -.
§ 1 Applicability, definitions
(1) For the business relationship between GOLDBLACK Premium Accessoires GmbH & Co. KG (hereinafter ‘provider’) and the customer (hereinafter ‘customer’) the following general terms and conditions are exclusively relevant in their currently valid version at the time the order is placed. Terms and conditions issued by the customer which conflict with or differ from these terms and conditions shall not be recognised, unless the provider has explicitly agreed thereto in writing.
(2) The customer is a consumer, as long as the purpose of the ordered deliveries and services cannot be linked to a commercial or an independent professional occupation. On the other hand, an entrepreneur is a natural or juristic person or a partnership possessing legal personality that exercises its commercial or independent professional activity at the time the agreement is concluded.
§ 2 Conclusion of the contract
(1) The customer can select products, premium accessories from the provider’s range of goods and collect them in a so called ‚shopping basket‘ by clicking the button ‚place in shopping basket‘. By clicking the button ‘buy now’ the customer makes a binding offer to conclude a sales contract for the products/goods in the shopping basket. Before sending off his order the customer can check and correct the data at any time. The customer can only make and submit a binding offer, if he clicks the button ‘terms and conditions accepted’ and thereby declares his acceptance of these terms and conditions and makes them part of his binding offer.
(2) The provider then transmits a declaration of acceptance to the customer by e-mail automatically, in which the order of the customer is acknowledged and which the customer can print via the ‘print’ function. The automatic declaration of acceptance only serves to acknowledge that the order of the customer has been received by the provider; it does not represent an acceptance of the binding offer yet. The sales contract is concluded only when the provider sends a declaration of acceptance of the customer, which will be transmitted by a separate e-mail (order confirmation).
§ 3 Delivery, availability of products
(1) If no item of the chosen product is in stock at the time of the customer’s order, the provider will inform the customer in the order confirmation immediately. If the item is permanently out of stock the provider will not issue a declaration of acceptance. In this case a sales contract is not concluded.
(2) If the product the customer ordered is only temporarily out of stock, the customer will be informed immediately about this by the provider in the order confirmation. The customer has the right to withdraw from the contract if there is a delay in delivery for more than two weeks. In this case the provider is also entitled to withdraw from the contract. Any payments already made by the customer will be refunded without delay.
§ 4 Retention of title
The provider will retain the ownership of the goods delivered until full payment has been received.
§ 5 Prices and shipping costs
(1) All prices given on the website of the provider include the respective statutory applicable value added tax. The customer must bear customs duties and similar taxes. These are effective if the goods are ordered from outside of the EU.
(2) The respective shipping costs will be specified for the customer in the order form and the customer bears these costs unless he exercises his right of revocation.
(3) The shipping of the goods is done worldwide known shipping providers. The risk of shipping lies at the expense of the provider, if the customer is a consumer.
(4) In case of revocation the customer is required to pay the standard costs of return if the goods delivered are as ordered and the purchase price of the article to be returned does not exceed an amount of 40 Euro or if the price of the goods is higher and the customer has not yet paid the consideration or made a contractually agreed part payment at the time of revocation. Otherwise the provider bears the costs for returning the goods.
(5) *GOLDBLACK ships from Germany to all over the world except some countries which are determined by the criteria of security and deliverability.
Your shipment may be subject to the customs fees and import duties of the country to which you have your order shipped. These charges are always the recipient`s responsibility. In all cases our shipping fee does not cover additional fees and customs fees. International customers are responsible for paying custom charges directly to the carrier or governmental agency requiring payment. If custom charges are not paid in a timely basis the carrier will return the item back to us and we will refund your money back by deducting all the return expenses which charged from us. GOLDBLACK is not responsible from any rejected shipment expenses.
§ 6 Payment methods
(1) Payment can be made via paypal, bank transfer, credit card according to the choice of the customer.
(2) The customer may change the ‘method of payment‘ data stored in his user account any time.
(3) When the sales contract is concluded the sales price is due for payment immediately. If the payment is due on a fixed date in the calendar, the customer already defaults on payment when missing this date. In this case the provider receives a default interest of 5 percentage points on top of the German Bundesbank’s base rate from the customer.
(4) The customer's obligation to pay interest does not exclude the provider from claiming for any further losses caused by the delay.
§ 7 Warranty, guarantee
GOLDBLACK products are made to ensure satisfaction and service during the natural life of the product. It warrants to the original purchaser that its products will be free from defects in material and workmanship for a period of (One) 1 year from the date of the purchase.This warranty does not cover damage resulting from product misuse, product neglect, product abuse, product tampering, product alterations and unauthorized product repairs. Furthermore, this warranty does not cover any consequential damage to a person or property other than the product purchased.This guarantee will begin from the date the product is received and will only run for the same model originally purchased. To apply for this benefit you should contact GOLDBLACK Customer Service Deparment. Just send an e-mail to firstname.lastname@example.org to become acquainted with the specific details. An order number and an invoice must legitimate the GOLDBLACK product purchase.
(2) An additional guarantee for goods delivered by the provider is only applicable, if it is explicitly declared for the respective product in the order confirmation.
(3) Exclusions And Limitations
This warranty does not apply:
I. to damage, including but not limited to scratches, tears, and broken parts;
II. to damage caused by use with non-GOLDBLACK products;
III. to damage caused by accident, abuse, misuse, flood, fire, earthquake or other external causes;
IV. to damage caused by alteration, service or Unauthorized repairs.
Except as provided in this warranty and to the maximum extent permitted by law, GOLDBLACK Premium Accessoires is not responsible for direct, special, incidental or consequential damages resulting from any breach of warranty or condition, or under any other legal theory, including but not limited to loss of use; loss of revenue; loss of actual or anticipated profits (including loss of profits on contracts); loss of the use of money; loss of anticipated savings; loss of business; loss of opportunity; loss of goodwill; loss of reputation; loss of, damage to or corruption of data; or any indirect or consequential loss or damage howsoever caused including the replacement of equipment and property, any costs of recovering, reproducing any model or used with the GOLDBLACK product.
The foregoing limitation shall not apply to death or personal injury claims, or any statutory liability for intentional and gross negligent acts and/or missions.
§ 8 Liability
(1) Compensation claims on behalf of the customer are excluded. This excludes compensation on behalf of the customer due to injury to life, body or health or due to the breach of a significant contractual obligation (cardinal obligation) as well as liability for other losses due to intent and gross negligence on behalf of the provider, his representatives or vicarious agents. Significant contractual obligations are duties, whose fulfilments are absolutely necessary for the proper performance of the contract.
(2) If significant contractual obligations are breached, the provider shall only incur liability for the typical foreseeable contractual damage due to simple negligence, unless compensation on behalf of the customer due to injury to life, body or health is concerned.
(3) The restricitions of liability in (1) and (2) are also valid for the representatives and vicarious agents of the provider, if compensation claims are brought forward directly against them.
(4) Statutory provisions of the Product Liability Act remain unaffected.
§ 9 Revocation instructions
Right of revocation
You have the right to revoke your contractual declaration within fourteen days in text form (e.g. by post, fax, e-mail) without giving any reasons or – in case you have received the goods prior to this deadline – by returning the goods. The deadline shall commence on receipt of these instructions in text form, however not prior to receipt of the goods by the recipient ( where similar goods are delivered on a recurring basis, then not prior to receipt of the first partial delivery) and also not prior to fulfilment of our information obligations in accordance with Article 246 § 2 together with § 1 Paragraphs 1 and 2 EGBGB. In order to exercise your right of revocation it is sufficient to inform us of your decision to revoke this contract within the named revocation deadline or by returning the goods within the named revocation deadline. Your revocation should be addressed to us at:
– GOLDBLACK Premium Accessoires GmbH & Co. KG
– Hauptstr.367, 51143 Köln
Consequences of revocation
In the event of an effective revocation the mutually received benefits/goods/payments are to be returned and any possible profits drawn (e.g. interest) are to be refunded. In case you are unable to return the received benefits/goods (benefits of use) to us either in total or partially or in a deteriorated condition, you are required to offer a compensation of equal value. You are only liable for deterioration and usage made thereof, if the utilization or deterioration is due to a usage exceeding the conventional testing of features and functionalities. The terminology ‘testing of features and functionalities’ refers to the testing and trying out of the respective goods the way it is commonly possible and customary in a store. Goods that can be dispatched by parcel may be returned at our risk. You are required to pay the shipping costs of returns if the goods delivered are as ordered. Goods that cannot be dispatched by parcel will be collected from you. Obligations to refund payments must be fulfilled within 30 days. The deadline commences for you by sending the revocation or by returning the goods, for us on receiving it or them.
End of revocation instructions
In accordance with § 312d para. 4 Nr. 2 BGB the right of revocation cannot be exercised for the delivery of audio or video recordings or of software, when the seal on the data carrier has been broken.
§ 11 References to data processing
(1) The provider collects data of the customer for the handling of the sales contract. In this respect he particularly follows the guidelines of the German Federal Data Protection Act as well as the German Telemedia Act. Without consent of the customer the provider will only collect, process and use inventory and user data insofar as they are necessary for executing the sales contract and for the usage and invoicing of tele services.
(2) Without consent of the customer the provider will not use the personal data of the customer for advertising, marketing or opinion research.
§ 12 Final provisions
(1) Contracts concluded between the provider and the customer shall be governed by the law of the German Federal Republic to the exclusion of the provisions of the UN Sales Convention.
(2) Insofar as the customer is a merchant in the sense of the German commercial law, a legal entity under public law or a separate fund under public law, the competent court of jurisdiction for all disputes arising from this contract between the customer and the provider is the court at the registered main office of the provider.
(3) Even if a clause is legally invalid, the rest of the contract shall remain effective for both parties. The ineffective clause, insofar as available, shall be replaced by the statutory provisions. If this imposes an unreasonable hardship on one of the contracting parties, the contract as a whole becomes ineffective.
(4) The contractual language and the language for explanations in the fulfilment of this contract is German.
(5) Translations of these general terms and conditions have no legally binding effect. The decisive document is always the German language version of these terms and conditions.
(6) The contract is subject solely to the law of the Federal Republic of Germany. If German law remits to foreign legal systems (renvoi and referrals to the law of a third country), these remittals are ineffective.