Terms of Service

Terms of contract within the scope of purchase contracts via the platform https://www.gt-fishing.com

between

GT Fishing Tackle UG (haftungsbeschränkt), Nonnenplatz 7, 93047 Regensburg, Germany
– hereafter referred to as ‘the supplier’-
and
The users of this platform, referred to in § 2 of these Terms and Conditions – hereafter referred to as “Customer / Customers”.

 

§ 1 Scope of application
For the business relationship between the supplier and the customer, the following general terms and conditions of business apply in their version valid at the time of the order. Deviating conditions of the customer are not recognized, unless the supplier expressly agrees to their validity in written form.

§ 2 Conclusion of contract
(1) The customer can select products from the assortment of the supplier and collect them by means of the button “into the shopping basket” in a so-called shopping basket. With the “Buy Now” button, he makes a binding request to purchase the goods in the shopping basket. Before sending the order, the customer can change and view the data at any time.
(2) The supplier then sends the customer an automatic acknowledgment of receipt by e – mail with the subject “Confirmation of your order at GT Fishing Tackle”, in which the customer’s order is re – listed and where the customer can print out the order. The order of the customer (1) represents the offer to contract conclusion with the respective contents of the goods basket. The acknowledgment of receipt (order confirmation) represents the acceptance of the offer by the supplier. In this the content of the order are summarized. In this e-mail or in a separate e-mail, but at the latest when the goods are delivered, the contract text (consisting of order, general terms and conditions and order confirmation) is sent to the customer by us on a durable data medium (e-mail or paper). The text of the contract is stored in compliance with data protection.
(3) The contract shall be concluded in the following language: English.

§ 3 Delivery, goods availability, payment modalities
(1) Delivery times stated by us are calculated from the date of our order confirmation (§ 2 (2) of these terms and conditions), prior payment of the purchase price.
(2) If the product designated by the customer in the order is only temporarily unavailable, the supplier shall also immediately notify the customer. In the event of a delivery delay of more than two weeks, the customer has the right to withdraw from the contract. In this case, the supplier is also entitled to cancel the contract. In this case, he will refund any payments already made by the customer without delay.
(3) The customer can make the payment by PayPal, credit card (stripe) and wire transfer.
(4) Payment of the purchase price is due immediately upon conclusion of the contract. If the payment is due according to the calendar, the customer is already in default by missing the deadline.

§ 4 Reservation of title
The delivered goods remain the property of the supplier until full payment of the purchase price.

§ 5 Prices and shipping costs
(1) All prices, which are stated on the website of the supplier, are inclusive of the applicable legal value added tax except you are ordering from outside the European Economic Area.

(2) The corresponding shipping costs shall be indicated to the customer in the order form and shall be paid by the customer insofar as the customer does not exercise any right of revocation.

(3) The supplier is not liable for loss or damage of shipment pieces on dispatch.

(4) Duty and vat have to be paid by the recipient upon delivery if the item is shipped outside the european economic area.

(5) The customer must bear the direct costs of the return in the event of a revocation. Fishing rods cannot be returned.

§ 6 Liability for material defects
(1) The supplier is liable for material defects according to the applicable legal regulations, in particular §§ 434 ff. BGB. The warranty period for suppliers supplied by the supplier is 12 months.

§ 7 Liability
(1) Claims of the customer for damages are excluded. This excludes any claims for damages on the part of the customer resulting from injury to life, body, health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages arising from an intentional or grossly negligent breach of duty by the supplier, his legal representatives or vicarious agents. Significant contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.
(2) In the case of infringement of essential contractual obligations, the supplier is only liable for the foreseeable damage that is typical for the contract, if this is simply caused by negligence, unless the customer is claiming damages from injury to life, body or health.
(3) The limitations of paragraphs (1) and (2) shall also apply to the legal representatives and agents of the provider if claims are directly asserted against them.
(4) The provisions of the Product Liability Act shall remain unaffected.

§ 8 Notes on data processing
(1) The provider collects data of the customer within the framework of the processing of contracts. In doing so, he / she takes particular note of the provisions of the Federal Data Protection Act and the Telemedia Act. Without the Customer’s consent, the supplier will only collect, process or use the customer’s stock and usage data, as far as this is necessary for the handling of the contractual relationship and for the use and billing of telemedia.
(2) Without the customer’s consent, the supplier will not use the customer’s data for purposes of advertising, market or opinion research.

§ 9 Final provisions
(1) The laws of the Federal Republic of Germany shall apply to contracts between the supplier and the customer, with the exclusion of the UN purchase law and international private law.
(2) If the customer is a merchant, a legal entity under public law or a public special fund, the court of jurisdiction for all disputes arising from contractual relationships between the customer and the supplier, is the location of the supplier.
(3) The contract shall remain binding in the remaining parts of the contract, even if individual points are legally invalid. Instead of the ineffective points, the statutory regulations occur, if available. To the extent that this would represent an unreasonable hardship for one contractual party, the contract becomes ineffective entirety.
(4) The place of jurisdiction is Germany in all events of contractual disputes. With the purchase the buyer accepts the applicable laws of the country.