Terms of service

Table of Contents

1. Scope of Application
2. Contract Conclusion
3. Right of Withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Terms
6. Retention of Title
7. Liability for Defects (Warranty)
8. Liability
9. Redeeming Gift Vouchers
10. Applicable Law
11. Jurisdiction
12. Alternative Dispute Resolution

1) Scope of Application

1.1These General Terms and Conditions (hereinafter "GTC") of GEMA Sanitär - und Heizungsgroßhandel GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods displayed by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2These GTC apply accordingly to contracts for the delivery of vouchers, unless otherwise stipulated.

1.3A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity.

1.4An entrepreneur within the meaning of these GTC is a natural or legal person or a legally responsible partnership that acts in the exercise of their commercial or independent professional activity when concluding a legal transaction.

2) Contract Conclusion

2.1The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.

2.2The Customer can submit the offer via the online order form integrated into the Seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding contractual offer regarding the goods contained in the shopping cart by clicking the button that completes the ordering process. Furthermore, the Customer can also submit the offer to the Seller by email, via the online contact form, by post, or by telephone.

2.3The Seller can accept the Customer's offer within five days,

• by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), whereby receipt of the order confirmation by the Customer is decisive, or
• by delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive, or
• by requesting payment from the Customer after the Customer has placed their order.

If several of the aforementioned alternatives occur, the contract is concluded at the time when one of the aforementioned alternatives first occurs. The period for acceptance of the offer begins on the day after the Customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this is deemed a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.

2.4When selecting a payment method offered by PayPal, payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal User Agreement, available at https://www.paypal.com/de/legalhub/paypal/useragreement-full or – if the Customer does not have a PayPal account – subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the Customer pays using a payment method offered by PayPal that is selectable in the online ordering process, the Seller hereby declares acceptance of the Customer's offer at the time the Customer clicks the button that completes the ordering process.

2.5When submitting an offer via the Seller's online order form, the contract text is stored by the Seller after the contract is concluded and transmitted to the Customer in text form (e.g., email, fax, or letter) after the Customer sends their order. The Seller does not make the contract text accessible beyond this. If the Customer has set up a user account in the Seller's online shop before sending their order, the order data is archived on the Seller's website and can be accessed free of charge by the Customer via their password-protected user account by providing the corresponding login details.

2.6Before bindingly submitting the order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the browser's zoom function, which enlarges the display on the screen. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that completes the ordering process.

2.7Different languages are available for concluding the contract. The specific language selection is displayed in the online shop.

2.8Order processing and contact are usually carried out by email and automated order processing. The Customer must ensure that the email address they provide for order processing is correct so that emails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller with order processing can be delivered.

3) Right of Withdrawal

3.1Consumers generally have a right of withdrawal.

3.2Further information on the right of withdrawal can be found in the Seller's withdrawal policy.

4) Prices and Payment Terms

4.1Unless otherwise stated in the Seller's product description, the prices indicated are total prices that include the statutory value added tax. Any additional delivery and shipping costs are stated separately in the respective product description.

4.2The payment method(s) is/are communicated to the Customer in the Seller's online shop.

4.3If advance payment by bank transfer is agreed, payment is due immediately after the contract is concluded, unless the parties have agreed on a later due date.

4.4When selecting a payment method offered via the payment service "PayPal", payment processing is carried out via PayPal, whereby PayPal may also use the services of third-party payment service providers for this purpose. If the Seller also offers payment methods via PayPal in which the Seller makes advance payments to the Customer (e.g., purchase on account or installment payment), the Seller assigns its payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the Customer. Before accepting the Seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal carries out a credit check using the transmitted customer data. The Seller reserves the right to refuse the selected payment method to the Customer in the event of a negative check result. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, the Customer can only make payment with discharging effect to PayPal or the payment service provider commissioned by PayPal. However, even in the event of an assignment of the claim, the Seller remains responsible for general customer inquiries, e.g., regarding the goods, delivery time, shipment, returns, complaints, withdrawal declarations and returns, or credits.

4.5When selecting the payment method "Sofortüberweisung", payment processing is carried out by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (hereinafter "Klarna"). To pay the invoice amount via "Sofortüberweisung", the Customer must have an online banking account activated for participation in "Sofortüberweisung", identify themselves accordingly during the payment process, and confirm the payment instruction. The payment transaction is then carried out immediately by Klarna and the Customer's bank account is debited. The Customer can access further information on the "Sofortüberweisung" payment method on the internet at https://www.klarna.com/sofort/.

4.6When selecting a payment method offered via the payment service "Shopify Payments", payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments are communicated to the Customer in the Seller's online shop. To process payments, Stripe may use other payment services for which special payment conditions may apply, of which the Customer will be separately informed if necessary. Further information on "Shopify Payments" is available on the internet at https://www.shopify.com/legal/terms-payments-de.

4.7When selecting the payment method purchase on account, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price is payable to Klarna AB, Sveavägen 46, 11134 Stockholm, Sweden (www.klarna.de) within 30 days of the invoice date without deduction, unless otherwise agreed. The purchase on account payment method requires a successful credit check by Klarna AB. If the Customer is permitted to use the purchase on account payment method after the credit check, payment processing is carried out in cooperation with Klarna AB, to which the Seller assigns its payment claim. In this case, the Customer can only make payment with discharging effect to Klarna AB. Otherwise, the General Terms and Conditions of Klarna AB, which the Customer can access during the ordering process, apply. The Seller reserves the right to offer the purchase on account payment method only up to a certain order volume and to refuse this payment method if the specified order volume is exceeded. In this case, the Seller will inform the Customer of the corresponding payment restriction in its payment information in the online shop.

4.8When selecting the payment method "PayPal Invoice", the Seller assigns its payment claim to PayPal. Before accepting the Seller's declaration of assignment, PayPal carries out a credit check using the transmitted customer data. The Seller reserves the right to refuse the Customer the "PayPal Invoice" payment method in the event of a negative check result. If the "PayPal Invoice" payment method is approved by PayPal, the Customer must pay the invoice amount to PayPal within 30 days of receiving the goods, unless PayPal specifies a different payment due date. In this case, the Customer can only make payment with discharging effect to PayPal. However, even in the event of an assignment of the claim, the Seller remains responsible for general customer inquiries, e.g., regarding the goods, delivery time, shipment, returns, complaints, withdrawal declarations and returns, or credits. Additionally, the General Terms of Use for the use of PayPal's purchase on account apply, available at https://www.paypal.com/de/webapps/mpp/ua/pui-terms.

5) Delivery and Shipping Terms

5.1If the Seller offers shipping of the goods, delivery is made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address specified in the Seller's order processing is decisive for the transaction.

5.2For goods delivered by freight forwarder, delivery is made "free curb", i.e., up to the public curb closest to the delivery address, unless otherwise stated in the shipping information in the Seller's online shop and unless otherwise agreed.

5.3If the delivery of the goods fails for reasons for which the Customer is responsible, the Customer bears the reasonable costs incurred by the Seller as a result. This does not apply to the costs for the outward shipment if the Customer effectively exercises their right of withdrawal. For the return shipping costs, in the event of an effective exercise of the right of withdrawal by the Customer, the regulation made in the Seller's withdrawal policy applies.

5.4If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has delivered the item to the freight forwarder, carrier, or other person or institution designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes to the Customer only upon delivery of the goods to the Customer or an authorized recipient. Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer, even for consumers, as soon as the Seller has delivered the item to the freight forwarder, carrier, or other person or institution designated to carry out the shipment, if the Customer has commissioned the freight forwarder, carrier, or other person or institution designated to carry out the shipment and the Seller has not previously named this person or institution to the Customer.

5.5The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies if the non-delivery is not attributable to the Seller and the Seller has concluded a specific covering transaction with the supplier with the required care. The Seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the Customer will be informed immediately and the consideration will be refunded immediately.

5.6If the Seller offers the goods for collection, the Customer can collect the ordered goods within the business hours specified by the Seller at the address specified by the Seller. In this case, no shipping costs are charged.

6) Retention of Title

If the Seller makes advance payments, it retains title to the delivered goods until the full payment of the owed purchase price.

7) Liability for Defects (Warranty)

Unless otherwise stated in the following provisions, the statutory provisions on liability for defects apply. Deviating from this, for contracts for the delivery of goods:

7.1If the Customer acts as an entrepreneur,

• the Seller has the choice of the type of subsequent performance;
• for new goods, the limitation period for defect claims is one year from delivery of the goods;
• for used goods, defect claims are excluded;
• the limitation period does not begin anew if a replacement delivery is made within the scope of liability for defects.

7.2The liability limitations and period reductions regulated above do not apply

• to claims for damages and reimbursement of expenses by the Customer,
• in the event that the Seller has fraudulently concealed the defect,
• for goods that have been used for a building in accordance with their usual purpose and have caused its defectiveness,
• for any existing obligation of the Seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.

7.3Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory recourse claim remain unaffected.

7.4If the Customer acts as a merchant within the meaning of § 1 HGB (German Commercial Code), they are subject to the commercial duty of inspection and notification of defects in accordance with § 377 HGB. If the Customer fails to fulfill the notification obligations regulated there, the goods are deemed approved.

7.5If the Customer acts as a consumer, they are requested to complain about delivered goods with obvious transport damage to the carrier and to inform the Seller thereof. If the Customer does not comply with this, this has no effect on their statutory or contractual defect claims.

8) Liability

The Seller is liable to the Customer for all contractual, quasi-contractual, and statutory, including tortious, claims for damages and reimbursement of expenses as follows:

8.1The Seller is liable without limitation on any legal basis

• in the event of intent or gross negligence,
• in the event of intentional or negligent injury to life, body, or health,
• due to a guarantee promise, unless otherwise regulated in this regard,
• due to mandatory liability, such as under the Product Liability Act.

8.2If the Seller negligently breaches an essential contractual duty, liability is limited to the contract-typical, foreseeable damage, unless liability is unlimited in accordance with the preceding clause. Essential contractual duties are duties that the contract imposes on the Seller according to its content to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance with which the Customer may regularly rely.

8.3Otherwise, any liability of the Seller is excluded.

8.4The above liability provisions also apply with regard to the Seller's liability for its vicarious agents and legal representatives.

9) Redeeming Gift Vouchers

9.1Vouchers that can be purchased in the Seller's online shop (hereinafter "Gift Vouchers") can only be redeemed in the Seller's online shop, unless otherwise stated on the voucher.

9.2Gift Vouchers and remaining credit on Gift Vouchers are redeemable until the end of the third year after the year of voucher purchase. Remaining credit is credited to the Customer until the expiry date.

9.3Gift Vouchers can only be redeemed before the completion of the ordering process. Subsequent offsetting is not possible.

9.4Gift Vouchers can only be used for the purchase of goods and not for the purchase of further Gift Vouchers.

9.5If the value of the Gift Voucher is insufficient to cover the order, one of the other payment methods offered by the Seller can be selected to pay the difference.

9.6The credit of a Gift Voucher is neither paid out in cash nor does it bear interest.

9.7The Gift Voucher is transferable. The Seller can make payment with discharging effect to the respective holder who redeems the Gift Voucher in the Seller's online shop. This does not apply if the Seller has knowledge or is grossly negligently unaware of the lack of authorization, legal incapacity, or lack of authority to represent of the respective holder.

10) Applicable Law

The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.

11) Jurisdiction

If the Customer acts as a merchant, a legal entity under public law, or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the Seller's place of business. If the Customer has its registered office outside the territory of the Federal Republic of Germany, the Seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims arising from the contract can be attributed to the Customer's professional or commercial activity. In the aforementioned cases, however, the Seller is in any case entitled to bring an action before the court at the Customer's registered office.

12) Alternative Dispute Resolution

The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.