Terms & Conditions

Contents

1. Scope of validity

2. Conclusion of a sales contract

3. User account

4. Cancellation policy

5. Further details on returns

6. Prices/Delivery costs

7. Delivery

8. Payment

9. Guarantee for faulty products

10. Liability

11. Right of set-off and retention

12. Settlement of disputes with consumers

13. Data privacy

14. Final provisions

1. Scope of validity

(1) These terms and conditions apply to all orders placed via the online shop at www.gottseidank.com between the operator of this online shop, Gottseidank GmbH & Co. KG, Schleißheimer Straße 273, 80809 Munich, Germany, represented by Gottseidank Verwaltungs GmbH, Olympiastraße 3, 82467 Garmisch-Partenkirchen, Germany, represented by Managing Directors Jörg Hittenkofer and Tanja Merriam (hereinafter referred to as ‘Gottseidank’) and the customer (hereinafter referred to as the ‘customer’). The version of these terms and conditions applicable at the time at which the order is placed shall be binding.

You can save and print out a copy of these terms and conditions free of charge here: www.gottseidank.com/agb.

(2) These terms and conditions apply only to orders placed by consumers. Within the context of Section 13 of the German Civil Code (BGB), a consumer is a natural person who enters into a legal transaction with us for purposes that are outside of their trade, business or self-employed professional activity. This means that we do not deliver bulk orders of our products.

2. Conclusion of a sales contract

(1) The customer starts by selecting the products they wish to purchase from the Gottseidank range and adding them to their basket by clicking on the ‘ADD TO BASKET’ button. The customer can add or remove products from their basket and change their delivery and payment details until they have completed their order. Before completing their order, the customer will be given one last chance to review all the details they have entered and the products they are purchasing. By clicking on the ‘BUY’ button, the customer is placing a binding order for the products in their basket. This binding commitment to purchase those products will only be accepted and submitted to Gottseidank if the customer has ticked the box next to ‘I agree to Gottseidank’s terms and conditions. I have read and understood the withdrawal policy and the privacy policy’ to indicate that they agree to the terms and conditions and that they understand and accept the privacy policy and the withdrawal policy.

(2) Once the order has been received, Gottseidank will send the customer an automated confirmation email outlining the details of their order. The customer can print out this confirmation if they wish. This automated confirmation email indicates that the customer’s order has been received by Gottseidank but does not mean that the order has been accepted. A sales contract is only deemed to have been entered into when Gottseidank accepts the customer’s order via email or when Gottseidank confirms that the products have been dispatched also via email. Up until that point, Gottseidank has the right to refuse to accept the order, such as in the event that the products are out of stock.

3. User account

The customer has the option of creating a customer account for the Gottseidank online shop by providing their email address and setting up a password. They will then be able to place orders more quickly in future, check the status of their outstanding order and access the main details relating to their order. The customer can access their account by clicking on ‘MY ACCOUNT’. It is the customer’s sole responsibility to keep their password secure to avoid unauthorised access by third parties.

4. withdrawal policy

You have the right to withdraw from this contract within 14 days without having to provide a reason. You must withdraw from contract within 14 days from the day

• on which you or a third party designated by you (not including the carrier) took physical possession of the products or
• on which you or a third party designated by you (not including the carrier) took physical possession of the final product within an order comprising multiple products that arrived in multiple deliveries despite forming part of the same original order.

If you wish to exercise your right to withdraw from this contract, you must inform us of this decision by sending us a clear statement (e.g. by post, fax, or email) using the following contact details:

Gottseidank GmbH & Co. KG
Schleißheimer Straße 263
80809 Munich
Germany
Tel.: +49 (0)89 358 999 18 0
Fax: +49 (0)89 358 999 18 99
Email: webshop@gottseidank.com.

You can use our standard withdrawal form (www.gottseidank.com/widerrufsbelehrung) if you wish, but this is not a requirement.

• You just need to ensure that you have sent off notification of your wish to exercise your right to withdraw before the end of the withdrawal period.

Effects of withdrawal

Should you decide to withdraw from this contract, we will refund any payments we have received from you, including delivery costs (with the exception of any additional costs incurred by you choosing not to use our standard economy delivery service), without undue delay and within a maximum of 14 days from the day on which we receive notification of your request to withdraw from this contract. We will refund the money we owe you using the same payment method you used for the original transaction unless we have come to an alternative agreement with you. Regardless of the payment method, you will never be charged fees on your refund. We may withhold the refund until we have received the products being returned or until you have provided us with proof that you have returned the products to us, whichever is the earliest.

You must return the products to us as soon as possible and at the latest within 14 days from the day on which you sent us notification of your request to withdraw from this contract. You just need to ensure that you have sent off the products within those 14 days.

We will cover the costs of returning the products to us. However, we regret that we are not able to offer free returns if you are based outside of the EU.

You will only be liable for the diminished value of a product if this has been caused by the product being handled in any way beyond that which is necessary to check its quality, features and functionality.

 

5. Further details on returns

(1) We include a returns slip in every package in case you need to return any products to us. You will also find a returns label for free delivery in every package, which you can use if you are based in Germany. This label may not be used for returns coming from outside of Germany. Please fill in the returns slip and use the returns label so we can link the products you are returning to your order.
Delivery is also free of charge if you are returning products from within the EU. Customers from countries within the EU other than Germany can request a returns slip by emailing webshop@gottseidank.com and quoting the order number.

(2) Please return products to the following address:
Gottseidank GmbH & Co. KG
Frankfurter Ring 150, Haus 6
80807 Munich
Germany

(3) We can only accept returned products if they are in perfect condition. If it is obvious that you have worn the products for longer than would be necessary to try them on or if the products are dirty or damaged, we will have to charge you accordingly. We will deduct the amount you owe from the amount you are due to be refunded.

6. Prices/Delivery costs

(1) All prices listed on the Gottseidank website include VAT at the standard statutory rate but not delivery costs. You will be charged the prices that apply when you place your order.

(2) The current delivery costs are listed on the Delivery and shipping page.

(3) We do not charge VAT on products being sent outside of the European Union and instead deliver at the net price. We are not able to issue customs documents. Customers are responsible for checking the applicable customs and import requirements and for paying any associated charges.

7. Delivery

(1) Products will be delivered to the delivery address provided by the customer. Unless stated otherwise on the online shop, products will be dispatched within two or three days of an order being placed. No liability will be accepted for cancelled or delayed deliveries if such circumstances are the result of force majeure or other events that could not have been foreseen when the contract was concluded.

8. Payment

(1) Customers can choose to pay for products being delivered within Germany by credit card, instant transfer, PayPal or prepayment. We reserve the right to refuse certain payment methods in individual cases.

(2) Products being delivered outside of Germany can only be paid for by credit card, instant transfer or PayPal.

(3) Gottseidank does not accept cash or cheques as a payment method. We will accept no liability for loss except in instances of gross negligence or premeditation on the part of Gottseidank.

(4) All products being delivered remain the property of Gottseidank until payment has been made in full.

9. Guarantee for faulty products

(1) When it comes to the exact description and quality of a product, the details provided in the order confirmation alone are binding. Gottseidank hereby declares that product photos and images shown on the website will not necessarily reflect the appearance of products being delivered perfectly. Differences in colour  are most lekely to occur.

(2) The customer’s rights to request a replacement, cancel their order or request a discount in the event that a product is faulty are based on the statutory provisions. The provisions set out in Section 10 apply to any claims for compensation in addition to and instead of delivery of the product in question.

10. Liability

(1) Claims for compensation made by the customer are hereby excluded. This does not include claims for compensation made by the customer in relation to loss of life, personal injury, damage to health or the breach of major contractual duties (cardinal obligations) or liability for other damages that are the result of premeditated or grossly negligent breaches of duties on the part of Gottseidank, its legal representatives or its agents or proxies. Major contractual duties are those duties that are essential to the complete fulfilment of the contract.

(2) In the event that major contractual duties are breached, Gottseidank’s liability will be limited to foreseeable damage typical of the contract if that damage was the result of negligence with the exception of claims for compensation made by the customer in relation to loss of life, personal injury or damage to health.

(3) The provisions of the German Product Liability Act will remain unaffected. Customers must read and follow all product information, including information on packaging, in product instructions and on leaflets included with products. No liability will be accepted if products are used and/or handled in any way beyond the scope outlined within that information.

11. Right of set-off and retention

The customer only has a right of set-off if their counterclaims are upheld by a final judgement of a court of law, undisputed or accepted by Gottseidank. The customer may only exercise a right of retention if the counterclaim is based on the same contractual relationship.

12. Settlement of disputes with consumers

Gottseidank is required to refer all disputes to a consumer dispute arbitration board. The body responsible is the General Arbitration Board at the Centre for Arbitration, Straßburger Straße 8, 77694 Kehl am Rhein, Germany (https://www.verbraucherschlichter.de).

13. Data privacy

If you would like to find out how we handle our customer’s data, in particular how we collect, use, process and store that data, please read our privacy policy here: www.gottseidank.com/datenschutz.

14. Final provisions

(1) All communications relating to this contract, changes and additions must be made in writing (in email or letter form) in order to be valid. Verbal agreements will only be deemed valid once they have been confirmed in writing by Gottseidank.

(2) The law of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods, applies to contracts between Gottseidank and the customer. The only contractual language is German.