Terms and conditions
General Terms and Conditions of Trade
1. Scope of Application
(1) Those General Terms and Conditions of Trade are applicable for the sale of goods through GMU Textil Vertriebs GmbH., Konrad-Zuse-Ring 1, D-61137 Schöneck (herein marked as „we“ or. „us“) to the customer (here marked as „customer“ or „you“ or „your“) through our Online-Shop.
(2) Derogations from our general terms and conditions of trade and/or general terms and conditions of trade which are exceeding ours are not content of a contract.
2. Differentiation between entrepreneur and consumer
(1) Some clauses of those GTCT are not applicable for all customers but only applicable for consumers or entrepreneurs. If this is the case, the clause will be marked.
(2) „Consumer“ our GTCT define consumer after § 13 of the German Bürgerlichen Gesetzbuches „jede natürliche Person, die ein Rechtsgeschäft zu Zwecken abschließt, die überwiegend weder ihrer gewerblichen noch ihrer selbständigen beruflichen Tätigkeit zugerechnet werden können“.
(3) „Entrepreneur“ in our GTCT are defined as in the German Bürgerliches Gesetzbuch in § 14 „natürliche und juristische Personen oder rechtsfähige Personengesellschaften, die in Ausübung ihrer gewerblichen oder selbständigen beruflichen Tätigkeit mit uns in Geschäftsbeziehung treten“.
3.
Conclusion of contract, Contractlanguage
(1) Only the order of the goods and / or service by you is a binding offer to a corresponding contract. To place the order, place the selected item in the shopping cart and go through the other ordering processes on the website. Before placing the order you have the possibility to check the order data again and to correct it. If you send the order, you give us a binding offer to conclude a contract.
(2) We can accept your offer within five days if
- send an order confirmation by post, fax or e-mail,
- dispatch of the goods or
- Call for payment
The date of receipt of our order confirmation, product, or payment request shall be decisive for compliance with the 5 day deadline.
(3) Contract languages are German and English.
(4) We reserve the right to not accept an order, in case of previous bad experiences with a customer or trader or for any other reason, a notification will be send.
4. Storage of contractual provisions
We store the contractual provisions, ie the order data and the present GTGC. You can print out or save the terms of the contract by using the usual functionality of your browser (usually "Print" or "File"> "Save As"). The order data are contained in the order overview, which is displayed in the last step of the purchase order. The terms of the contract, including the general terms and conditions, are also contained in the e-mail with the order confirmation, which we send you in case of acceptance of your order.
5. Payment
For our online shop customers („consumers“) we use Paypal Plus as a payment method as described under the link "Method of Payment". For our B2B customers („entrepreneurs“), the usual payment terms apply (payment method invoice to the GMU account known by our B2B customers).
6. Delivery Failure
If an ordered article is not available because we are not supplied by our supplier (without our own fault) and despite a contractual obligation of the supplier, we are entitled to withdraw from the contract. In this case, we will immediately notify the customer that the ordered goods are no longer available and we will immediately reimburse any services already rendered.
7. Retention of Title
(1) The following applies to consumers:
The product delivered by us remains our property until full payment.
(2) The following applies to entrepreneurs:
We retain ownership of the reserved goods until receipt of all payments from the business relationship with the customer. We undertake to release our collateral at the customer's request insofar as the value of our collateral exceeds the claims to be secured by more than 10%; The selection of the collateral to be released is made by us.
The customer is entitled to resell the reserved goods to a third party in the ordinary course of business; But herewith he hereby assigns to us all claims arising from the resale.
8. Deficiency Claims (Guarantee)
(1) The following applies to consumers:
For our statutory guarantee provisions we apply the legal warranty obligations.
(2) The following applies to entrepreneurs:
If the customer acts as a merchant within the meaning of § 1 of the commercial code, he shall examine the goods immediately upon receipt. Identifiable defects are to be reported to us immediately upon receipt of the goods or - if the defect shows later - immediately upon discovery. The timely reporting of the defect is necessary to preserve the customer's rights. Failing this, the goods are considered approved. This does not apply if we have concealed the defect maliciously.
In the event of a defect in the purchased goods, we shall initially provide warranty by supplementary performance, either at our option either in the form of a defect removal or a replacement delivery. If the supplementary performance has failed, the customer is entitled to reduce the consideration or, if there are significant defects, to withdraw from the contract.
Claims of the buyer due to material defects become statute barred one year after delivery of the purchased item to the customer. Exceptions to this are claims for damages by the purchaser which are directed to the replacement of a body or health damage due to a defect which we are responsible for or due to gross negligence on our part or our fulfillment agents; The statutory limitation period applies to these claims.
9. Disclaimer and Limitations
The following applies to liability for damages:
(1) In the case of willful intent and gross negligence, including our vicarious agents, we shall be liable in accordance with statutory provisions. The same applies to negligently caused damage from injury to life, body or health.
(2) In case of negligently caused material and property damages, we shall be liable only in the event of a breach of a material contractual obligation, but limited to the damages foreseeable and contractually typical at the time the contract is concluded; Essential contractual obligations are those whose fulfillment makes the proper execution of the contract possible and on their compliance the contractual partner may regularly rely on.
(3) In all other cases, no liability is assumed by us, irrespective of their legal basis.
(4) The liability exclusions and limitations of the preceding paragraphs (1) to (3) also apply mutatis mutandis to our fulfillment allowances.
(5) Liability for the assumption of a guarantee or the Product Liability Act shall remain unaffected by the disclaimer and limitations of the preceding paragraphs (1) to (4).
10. Reference to Copyright and Trademark Rights
(1) The content published on the website (texts, pictures, videos, etc.) is protected by copyright law. Uses, such as, in particular, a reproduction, public access, or other public reproduction, are subject to our approval. Exceptions to this are uses which are permitted under copyright law, such as single copies for private, non-commercial use.
(2) The trademark Good Morning Universe is the in-house brand logo of GMU Textil Vertriebs GmbH. This is protected as a registered trademark.
11. Legal choice, jurisdiction
(1) Applicable law
The law of the Federal Republic of Germany. The UN purchase right is excluded.
This choice of law applies to a consumer only insofar as no compulsory statutory provisions of the state in which he is domiciled or habitually reside are restricted.
(2) Jurisdiction
The legal domicile of the business with merchants, legal entities of public law or public special funds is the seat of our company. However, we are entitled, at our discretion, to sue at the registered office of the customer.
(3) Dispute resolution
EU online dispute resolution platform: http://ec.europa.eu/consumers/odr/