General Terms and Conditions of Sale

I. Scope

These General Terms and Conditions of Sale apply to all current and all future contracts between

G&G Antriebstechnik GmbH
Dieselstraße 102
D-33334 Gütersloh

Managing Director: Marc Eikenbusch, Dirk Grote

Telephone: +49 (0) 52 41 / 4 03 49 - 0
Fax: +49 (0) 52 41 / 4 03 49 - 22
Email: contact@gg-tech.de

and you as our customer, regardless of whether the order is processed via the online shop (www.gg-antriebstechnik.de) or via the sales department of G&G Antriebstechnik GmbH at the company site in Gütersloh.
The General Terms and Conditions apply regardless of whether you are a consumer, entrepreneur or merchant. However, special provisions apply to consumers in sections II. 2., IX. 1. and X.

All agreements made between you and us in connection with the contract are based on these General Terms and Conditions and our declaration of acceptance. The version of the General Terms and Conditions valid at the time the contract is concluded shall apply. We do not accept any deviating terms and conditions of the customer. This also applies if we do not expressly object to their inclusion.

II. Conclusion of Contract

1. The presentation of our products in our online shop does not constitute a binding offer to conclude a purchase contract.

2. By sending an order via the online shop by clicking on the button “Order with obligation to pay”, you are placing a legally binding order. You are bound to this order for a period of two weeks after placing the order.

However, you can only submit your order and send it to us if you tick the checkbox by which you include these contractual conditions in your purchase order. You also confirm that you have read our Cancellation Policy and Privacy Policy.

If you are a consumer within the meaning of Section 13 of the German Civil Code (BGB), i.e. if you are a natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to your commercial nor your independent professional activity, you have the right of cancellation regulated in Section X below.

This right of cancellation does not apply to entrepreneurs and merchants. Entrepreneurs are natural or legal persons or partnerships with legal capacity who, when concluding a legal transaction, act in the exercise of their commercial or independent professional activity, see Section 14 (1) BGB. 3.

3. We will immediately send you an email confirming the receipt of your order placed via our online shop. This email does not constitute a binding acceptance of the order unless we expressly declare this acceptance.

4. A contract is only concluded once we accept your order by means of an order confirmation or by delivering the ordered items.

5. If it is not possible to deliver the goods you have ordered, e.g. because the products are not in stock or not readily available, we will refrain from sending you an order confirmation. In this case, a contract is not concluded. We endeavour to ensure that the availability of the products as presented in the online shop is always up to date. However, if a product is not available, we will inform you without delay and immediately refund any payments already received.

6. We must receive written notification of and approve all returns before the respective item(s) is/are returned.

Credit will not be issued until the returned item(s) have been inspected and are in resalable condition and meet the above criteria. In the event of damage to the product, an individual assessment of the value will be made at our discretion and the refund will be reduced by the assessed damage.

III. Prices and Shipping Costs

1. All prices quoted in our online shop are gross prices including statutory VAT plus costs for packaging and shipping. Entrepreneurs have the option of requesting net prices as corporate customers.

2. The packaging and shipping costs are specified in our price information in the online shop. The price including statutory VAT and packaging and shipping costs is also displayed in the shopping basket before you finalise and send your order.

3. As a rule, the goods are delivered in a single consignment. Partial deliveries are possible in exceptional cases. If we fulfil your order by sending partial deliveries, you will only incur packaging and shipping costs for the first partial delivery. If the partial deliveries are made at your request, we will charge packaging and shipping costs for each partial delivery.

If you are a consumer and effectively cancel the contract, you can demand reimbursement of costs already paid for shipping to you (original shipment) subject to the statutory requirements.

IV. Terms of Payment, Offsetting, Right of Retention

1. You can either transfer the payment amount to the account specified in our online shop or pay via PayPal. For existing customers, we grant different payment terms in individual cases.

2. You only have the right to offset our claims if your counterclaims are recognised by us or have been established as final and absolute. You are also entitled to offset if you assert complaints or counterclaims arising from the same purchase contract. The same applies to the exercise of a right of retention.

V. Retention of Title

1. The delivered goods shall remain our property until the purchase price has been paid in full.

2. If the customer is an entrepreneur, the following additional provisions shall apply:

a) The customer is entitled to process and sell the goods subject to retention of title in the ordinary course of business until the enforcement of retained ownership. Pledges and transfers by way of security are not permitted.

b) If the goods subject to retention of title are processed, the processing is carried out in our name and on our account as manufacturer. We acquire ownership of the processed item. If the processing is carried out using materials from multiple owners or the value of the processed item is higher than the value of the goods subject to retention of title, we shall acquire co-ownership of the newly created item in the ratio of the value of the goods subject to retention of title to the value of the newly created item. If the goods subject to retention of title are combined or inseparably mixed with other items to form a single item or if one of the other items is to be regarded as the main item, the customer shall transfer to us co-ownership of the single item on a pro-rata basis in the ratio specified in sentence 3 above, insofar as the main item belongs to the customer.

c) If the goods subject to retention of title are resold, the customer hereby assigns to us by way of security the resulting claims against the purchaser – in the case of co-ownership of the goods subject to retention of title in proportion to the co-ownership share. The same applies to other claims which take the place of the reserved goods or otherwise arise with regard to the reserved goods, such as insurance claims or claims arising from unauthorised action in the event of loss or destruction. We revocably authorise the customer to collect the claims assigned to us in his own name. We shall only revoke this direct debit authorisation in the event of the enforcement of retained ownership.

d) If third parties seize the reserved goods, in particular by attachment, the customer shall immediately inform them of our ownership and inform us of this in order to enable us to enforce our ownership rights.

e) If we withdraw from the contract in the event of a breach of contract by the customer, we shall be entitled to demand the return of the reserved goods.

VI. Liability for Defects

1. We shall be liable for material defects or defects of title in accordance with the statutory provisions. The limitation period for statutory claims for defects is two years and begins with the delivery of the goods.

If the customer is an entrepreneur or merchant, the period of liability for defects is one year, beginning with the delivery of the goods.

2. Entrepreneurs and merchants are obliged to inspect the delivered goods immediately and to report any defects; Section 377 of the German Commercial Code (HGB) applies.

VII. Liability

1. We shall be liable for contractual and non-contractual claims and for culpa in contrahendo in accordance with the statutory provisions.

2. We shall not be liable for a slightly negligent breach of a contractual obligation which is not a material contractual obligation. Material contractual obligations are obligations whose fulfilment is essential for the proper performance of the contract and on whose compliance you as the customer may rely. Our liability for a slightly negligent breach of material contractual obligations is limited to typical, foreseeable damage.

3. Our liability for damages resulting from injury to life, limb or health and under the Product Liability Act (ProdhaftG) remains unaffected by the above limitations of liability.

4. The burden of proof for the existence of a limitation of liability lies with us.

VIII. Copyright

All texts, images, graphics, logos and video and animation files on our website and their arrangement are protected by law, in particular by copyright. Their use is not permitted without our express consent.

IX. Applicable Law and Place of Jurisdiction

1. The law of the Federal Republic of Germany applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you place the order as a consumer and have your habitual residence abroad when placing the order, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law.

2. If you are a merchant and have your registered office in Germany at the time of the order, the exclusive place of jurisdiction is Gütersloh. In all other respects, the relevant statutory provisions shall apply to local and international jurisdiction.

X. Special Provisions for Consumers

1. If you are a consumer within the meaning of Section 13 BGB, i.e. if you place the order for purposes that can predominantly be attributed neither to your commercial nor your independent professional activity, you have a right of cancellation in accordance with the statutory provisions.

If you exercise this right of cancellation as a consumer, you must bear the regular costs of returning the goods. In all other respects, the following provisions apply to the right of cancellation.

The right of cancellation is excluded in the legally regulated cases of Section 312 g BGB.

2. Cancellation Policy

Right of Cancellation

You have the right to cancel this contract within fourteen days without stating reasons.

The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.

In order to exercise your right of cancellation, you must inform

G&G Antriebstechnik GmbH
Dieselstraße 102
D-33334 Gütersloh

Managing Director: Marc Eikenbusch, Dirk Grote

Telephone: +49 (0) 52 41 / 4 03 49 - 0
Fax: +49 (0) 52 41 / 4 03 49 - 22

Email: contact@gg-tech.de
Website: www.gg-antriebstechnik.de

of your decision to cancel this contract by means of a clear declaration (e.g. a letter sent by post, fax or email). You can use the attached sample cancellation form, but this is not mandatory. You can also complete and submit the sample cancellation form or another clear declaration electronically on our website. If you make use of this option, we will immediately send you a confirmation of receipt of such a cancellation (e.g. by email).

To comply with the cancellation period, it is sufficient for you to send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.

Consequences of Cancellation

If you cancel this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and, in any event, not later than fourteen days from the day on which we are informed about your decision to cancel this contract. For this repayment, we will use the same means of payment that you used for the original transaction unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. We may withhold reimbursement until the goods have been returned to us or until you have supplied evidence of having returned the goods, whichever is the earliest.

You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the cancellation of this contract. The deadline shall be deemed to have been met if you dispatch the goods before the period of fourteen days has expired.

You shall bear the direct costs of returning the goods.

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for verifying their condition, properties and functionality.

End of the Cancellation Policy

XI. Storage of the Contract Text

We store your order data. If you would like a printout of your order, you have the option of printing out a “confirmation of receipt”. This will appear on your screen after you have sent us your order by clicking on the button “Order with obligation to pay”.

XII. Dispute Resolution

The EU Commission has created an internet platform for the online settlement of disputes between traders and consumers. This platform serves as a contact point for the out-of-court settlement of disputes arising from online sales contracts. Further information is available at the following link: ec.europa.eu/consumers/odr.

We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.