TERMS OF SERVICE
General Terms and Conditions (GTC)
Table of Contents
1. Scope of Application
2. Conclusion of the Contract
3. Right to Cancel
4. Prices and Payment Conditions
5. Shipment and Delivery Conditions
6. Reservation of Proprietary Rights
7. Warranty
8. Liability
9. Special Conditions for the Processing of Goods According to Client's Specification
10. Special Conditions for Assembly/Installation Services
11. Redemption of Campaign Vouchers
12. Applicable Law
13. Alternative Dispute Resolution
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of the company Gil Lenard Walter Everé & Co. (hereinafter referred to as "Seller”) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as "Client”) and the Seller relating to all goods and/or services presented in the Seller's online shop. The inclusion of the Client’s own conditions is herewith objected to, unless other terms have been stipulated.
1.2 For contracts regarding the delivery of vouchers, these GTC shall apply accordingly, unless expressly agreed otherwise.
1.3 A consumer pursuant to these GTC is any natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self-employed occupational activity.
1.4 A trader pursuant to these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
2) Conclusion of the Contract
2.1 The product descriptions in the Seller’s online shop do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Client.
2.2 The Client may submit the offer via the online order form integrated into the Seller's online shop. After placing the selected goods and/or services in the virtual basket and completing the ordering process, the Client submits a legally binding offer by clicking the button finalizing the order process. Alternatively, the Client may submit the offer by e-mail, online contact form, or telephone.
2.3 The Seller may accept the Client’s offer within five days:
- by sending a written order confirmation (fax or e-mail),
- by delivering the goods,
- or by requesting payment after the order.
If multiple options apply, the contract is concluded when the first of these events occurs. If the Seller does not accept the offer within five days, the offer is deemed rejected.
2.4 If PayPal is selected as the payment method, payment is processed by PayPal (Europe) S.à r.l. et Cie, S.C.A., in accordance with their terms. When paying via PayPal in the order process, the contract is concluded upon clicking the final order button.
2.5 When an order is placed via the online form, the contract text is stored and sent to the Client via e-mail, fax, or letter. If the Client has an account, they may view their orders online.
2.6 Prior to submission, input errors can be recognized and corrected using the browser’s zoom function and standard input tools.
2.7 The contract language is English.
2.8 Communication and order processing are primarily conducted via e-mail. The Client must ensure that their e-mail address is functional and check spam filters.
3) Right to Cancel
3.1 Consumers are entitled to a right to cancel.
3.2 Details are provided in the Seller’s cancellation instructions.
4) Prices and Payment Conditions
4.1 Prices are total prices including VAT. Delivery costs are listed separately.
4.2 Payment methods are listed in the online shop.
4.3 Credit card payments are processed via Stripe Payments Europe Ltd. A credit check may be performed.
4.4 For “PayPal Credit”, the Seller assigns the claim to PayPal. PayPal checks creditworthiness and may refuse this method.
4.5 For other PayPal-related payments, claims may be assigned to PayPal or third-party services, subject to their checks.
4.6 Shopify Payments are processed via Shopify International Ltd., with separate conditions shown in the shop.
4.7 Klarna payments are processed via Klarna Bank AB. Conditions and terms are listed on Klarna's website.
5) Shipment and Delivery Conditions
5.1 Goods are delivered within the specified delivery area.
5.2 If goods are returned due to failed delivery, the Client bears the costs unless they canceled effectively or the failure was beyond their control.
5.3 Personal collection is not possible.
5.4 The Seller may withdraw from the contract if the supplier fails to deliver. The Client will be informed and refunded.
6) Reservation of Proprietary Rights
The Seller retains ownership of goods until full payment is received.
7) Warranty
7.1 Legal liability for defects applies unless otherwise stated.
7.2 For traders:
- The Seller chooses the type of remedy.
- New goods: 1-year limitation.
- Used goods: warranty excluded.
- Replacements do not restart the limitation period.
7.3 Exceptions apply to:
- Damages and expense claims,
- Fraudulently concealed defects,
- Goods used in buildings,
- Obligations to provide digital product updates.
7.4 Statutory recourse claims remain unaffected.
7.5 Business clients must inspect goods and notify defects under §377 HGB.
7.6 Consumers should report transport damage immediately to the carrier and the Seller.
8) Liability
8.1 Seller is liable:
- For intent or gross negligence,
- For injury to life, body, health,
- For guarantees,
- Under product liability law.
8.2 For simple negligence, liability is limited to foreseeable, contract-typical damages.
8.3 Otherwise, liability is excluded.
8.4 These rules apply to agents and representatives.
9) Special Conditions for Processing According to Client Specifications
9.1 The Client must supply required materials and rights. The Client is responsible for content legality.
9.2 The Client indemnifies the Seller from third-party claims.
9.3 The Seller may reject illegal, offensive, or inappropriate content.
10) Special Conditions for Assembly/Installation
10.1 Services may be provided by subcontractors.
10.2 The Client must provide truthful information and access.
10.3 The Seller will contact the Client to schedule services.
10.4 Risk transfers to the Client only after assembly and handover.
11) Redemption of Campaign Vouchers
11.1 Vouchers are only valid for the indicated period and not purchasable.
11.2 Exclusions may apply.
11.3 Only one voucher per order.
11.4 No refund of unused balance.
11.5 Remaining amount must be paid with other methods.
11.6 No cash redemption or interest.
11.7 Vouchers are void upon return.
11.8 Vouchers are non-transferable.
12) Applicable Law
German law applies. Consumer protection from the Client’s home country remains unaffected.
13) Alternative Dispute Resolution
The Seller is not obliged or willing to participate in alternative dispute resolution proceedings.