1. APPLICABILITY AND CLIENTELE
These General Terms and Conditions (AGB) apply exclusively for orders placed by customers via our online shop goodguise.com (hereinafter referred to as GoodGuise-Shop). We do not recognise any deviating conditions set by the customer or third parties, unless we have expressly agreed to their validity.
GoodGuise-Shop offers are directed exclusively at consumers (any natural person concluding the contract for a purpose which can neither be attributed to their commercial nor their independent professional activity, § 13 of the German Civil Code (BGB)).
2. OFFER, ORDERING AND CONCLUSION
Presentation of the products within the online shop is not a legally binding offer, but rather a non-binding online catalogue.
By clicking the button ‘ADD TO CART’ you can add desired goods to the shopping cart without purchase obligation. You can view the shopping cart at any time by clicking on the ‘CART’ link. You can also remove the items placed there. If you want to buy the articles in the shopping cart, click on the ‘CART’ link, then enter the required data and click on ‘PROCEED TO CHECKOUT’. After entering your data and selecting the payment method, click on the ‘PLACE ORDER’ button to get to a confirmation window, in which the details of your order are displayed again. This window allows you to check your entries and correct them, if necessary. By clicking on the ‘Buy’ button in the final step of the ordering process you are placing a binding order for the selected goods.
Immediately after submitting your order, you will receive an email confirming the receipt of your order (order confirmation). Please note that this confirmation does not constitute an acceptance of your order offer, but merely serves as notification that we have received your order. The purchase contract is only finalised when we confirm the order and the delivery of the goods with another email (order confirmation) and we thus accept your order offer. If you do not receive an order confirmation or delivery of goods within three working days after placing your order, you are no longer bound to your order.
3. CONTRACTING PARTY
4. STORAGE OF THE CONTRACT TEXT
Your order and the order data you entered are stored by us and can be requested from us. You also have the option of printing out your order and the data entered during the ordering process. If you have registered as a customer, you can also view your order data at any time in the customer section by entering your personal login data. The order data and the general terms and conditions will also be sent to the email address you have entered as part of the confirmation emails. In addition, we refer to our privacy statement, available at this link.
(1) Deliveries will be made to the postal address indicated on the website at the time of the order. Information on the delivery period is not binding, unless a date has been firmly confirmed by us.
(2) If some of the ordered products are not in stock, we are entitled to make partial deliveries at our own expense, provided this is reasonable for you.
(3) If, in individual cases, the ordered goods cannot be delivered on time or cannot be delivered at all due to non-delivery by our supplier, we will notify you immediately. In such a case you are free to wait for the ordered goods or to withdraw from the contract. If delivery is impossible, both parties are entitled to withdraw from the contract. In the event of withdrawal, we will immediately refund any payments already made.
(4) Should the delivery of the goods fail despite two delivery attempts, we can withdraw from the contract. Any payments made will be refunded to you immediately, whereby the costs of unsuccessful delivery will be borne by you if you are culpable, for example because the delivery address you provided was incorrect or incomplete or because you did not pick up the goods despite being notified.
6. RIGHT OF REVOCATION / RETURN COSTS
(1) Please note that face masks are considered hygiene products. Once their packaging has been opened, they cannot be exchanged and/or returned.
(2) CANCELLATION POLICY
RIGHT OF REVOCATION:
You have the right to cancel this contract within fourteen days without giving reasons.
The revocation period is fourteen days from the day on which you or a third party designated by you, who is not a carrier, took possession of the last goods.
In order to exercise your right of revocation, you must notify us (AHG Consulting GmbH, Liebherrstraße 5, 80538 Munich, Germany, Tel.: +49 (0) 89 72 69 97 97, Email: firstname.lastname@example.org) of your decision to revoke this contract by means of a clearly stated declaration (e.g. a letter sent by post, fax or email). You may use the attached revocation form template, but it is not mandatory.
In order to comply with the revocation period, it is sufficient to send the notification of exercising the right of revocation before the expiry of the revocation period.
CONSEQUENCES OF THE REVOCATION
If you revoke the contract, we will reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), immediately or at the latest within fourteen days of the day on which we receive notification of your revocation of this contract. For this reimbursement, we will use the same payment method that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this reimbursement. We are entitled to refuse to refund until we have received the goods or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or transfer the goods to us without delay and in any event no later than fourteen days from the date on which you notify us of the cancellation of this agreement. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the fourteen-day period. You will bear the direct costs of returning the goods.
You will only be liable 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 testing their condition, properties and functionality.
THE RIGHT OF REVOCATION DOES NOT APPLY TO DISTANCE CONTRACTS
– for the delivery of goods that are manufactured according to customer specifications, or
– are uniquely tailored to personal requirements, or
– that are not suitable for return due to their nature, or
– for the delivery of audio/video recordings or of software, if the delivered data carriers have been unsealed by the consumer.
(If you want to cancel the contract, please fill out this form and send it back.)
AHG Consulting GmbH
D-80538 Munich, Germany
Tel.: +49 (0) 89 72 69 97 97
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following services (*)
ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only in case of notification on paper)
(*) Delete as applicable
END OF THE CANCELLATION POLICY
CAUTION: The right of revocation expires prematurely for contracts involving the delivery of sealed goods that are not suitable for return due to concerns regarding health protection or hygiene, if their seal has been removed after delivery.
All prices quoted in the web shop include the statutory value added tax (currently 16%). All quoted prices exclude shipping costs, if applicable. Potential customs duties for non-EU countries are not taken into account and will be charged directly to the recipient by the responsible customs authority upon import.
(1) Payment of the purchase price is due immediately upon conclusion of the contract. If a calendar date is stipulated for the payment due date, the customer is already considered in default by missing the deadline. In this case, he/she must pay the provider default interest for the year at a rate of 5 percentage points above the base rate.
(2) The Customer’s obligation to pay default interest does not preclude the provider from asserting further claims for damages caused by delay/default.
9. RETENTION OF TITLE
The goods remain our property until full payment has been made.
the customer from injury to life, body or health or from violation of material contractual obligations as well as (b) liability for other damages, which are based on an intentional or grossly negligent breach of duty by the contractual partner, his legal representatives or vicarious agents. Material contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.
(2) In the event of a breach of material contractual obligations, the contractual partner shall only be liable for the foreseeable damage typical for the contract, if it was caused by simple negligence, unless the customer’s claims for damages are based on injury to life, body or health.
(3) The restrictions of paragraphs 1 and 2 shall also apply in favour of the legal representatives and vicarious agents of the contractual partner, if claims are made directly against them.
(4) The limitations of liability resulting from paragraphs 1 and 2 do not apply if contractual partners fraudulently concealed the defect or assumed a guarantee for the condition of the goods. The same applies if the contractual partner and the customer have reached an agreement regarding the condition of the goods. The provisions of the German Product Liability Act shall remain unaffected.
11. WARRANTY, GUARANTEE
(1) The contractual partner shall be liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. of the German Civil Code (BGB). The warranty period for items delivered by GoodGuise to business customers is 12 months.
(2) An additional guarantee for the goods delivered by the contractual partner only exists if it was expressly specified in the order confirmation for the respective article.
12. CONTRACT LANGUAGE
The contract languages are German and English.
13. FINAL PROVISIONS
(1) The law of the Federal Republic of Germany shall apply to contracts between the provider and the customers, excluding the UN Convention on Contracts for the International Sale of Goods. The statutory regulations limiting the choice of arbitration and applicability of mandatory regulations, in particular by the state in which the customer as a consumer usually resides, remain unaffected.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider shall be the provider’s registered location, Munich.
(3) If individual provisions of the contract are legally ineffective, the remaining provisions remain binding. In place of the ineffective provisions, the statutory regulations, if any, shall apply. However, if it would represent an unreasonable hardship for one of the contracting parties, the contract as a whole shall become invalid.
Last revision: 14/05/2020