General Terms and Conditions (GTCs)

§ 1 Offer and conclusion of contract

 

The order signed by the customer is a binding offer. We can accept this offer within two weeks by sending an order confirmation or send the ordered goods within this period.

 

 

§ 2 Documents provided

 

All documents provided to the customer in connection with the placing of the order - including in electronic form - such as: B. Calculations, drawings etc., we reserve the ownership and copyright. These documents may not be made accessible to third parties unless we give the customer our express written consent. If we do not accept the customer's offer within the period specified in § 1, these documents must be returned to us immediately.

 

 

§ 3 Prices and payment

 

1. Our prices include sales tax (and packaging costs). Delivery and shipping costs are (not) included in our prices.

 

2. The payment methods specified in the ordering process are available to you as payment methods for purchases on gay-shop.berlin.

  

 

§ 4 Offsetting and retention rights

 

The customer only has the right to offset if his claims have been legally established or are undisputed. The customer is also entitled to set off against our claims if he asserts complaints about defects or counterclaims from the same purchase contract. The customer is only authorized to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.

 

 

§ 5 Delivery time

 

1. Unless an expressly binding delivery date has been agreed, our delivery dates or delivery times are exclusively non-binding information.

 

2. The start of the delivery time specified by us requires the timely and proper fulfillment of the customer's obligations. The exception of the unfulfilled contract remains reserved.

 

3. The customer can request us in text form to deliver within a reasonable period of time 2 weeks after a non-binding delivery date/delivery period has been exceeded. If we culpably fail to meet an express delivery date/delivery period or if we are in default for another reason, the purchaser must give us a reasonable grace period to provide the service. If we allow the grace period to elapse without result, the purchaser is entitled to withdraw from the purchase contract.

 

4. If the purchaser defaults on acceptance or culpably violates other obligations to cooperate, we are entitled to demand compensation for any damage we incur as a result, including any additional expenses. Further claims remain reserved. The purchaser, for his part, reserves the right to prove that no damage occurred at all in the requested amount or that it was at least significantly lower. The risk of accidental loss or accidental deterioration of the purchased item passes to the purchaser at the point in time at which the purchaser defaults on acceptance or debtor.

 

5. Further legal claims and rights of the purchaser due to a delay in delivery remain unaffected.

 

 

§ 6 Retention of title

 

1. We reserve ownership of the delivered item until all claims arising from the delivery contract have been paid in full.

 

2. The purchaser is obliged to treat the purchased item with care as long as ownership has not yet been transferred to him. In particular, he is obliged to adequately insure them against theft, fire and water damage at their new value at his own expense (note: only permitted when selling high-quality goods). As long as ownership has not yet been transferred, the purchaser must notify us immediately in text form if the delivered item is seized or is subject to other third-party interference. If the third party is unable to reimburse us for the judicial and extrajudicial costs of a lawsuit in accordance with Section 771 ZPO, the purchaser is liable for the loss incurred by us.
   
   
   
3. We undertake to release the securities to which we are entitled at the purchaser's request if their value exceeds the claims to be secured by more than 20%.

 

 

§ 7 Warranty and notice of defects

 

1. Unless we have expressly designated the information contained in our brochures, advertisements and other offer documents as binding, the illustrations or drawings contained therein are only approximately authoritative,

 

2. If the item delivered does not have the quality agreed between the purchaser and us or it is not suitable for the use stipulated in our contract or for general use or it does not have the properties that the purchaser could expect based on our public statements, we are obliged to supplementary performance. This does not apply if we are entitled to refuse supplementary performance due to legal regulations.

 

3. The purchaser initially has the choice of whether subsequent performance should take place through repair or replacement delivery. However, we are entitled to refuse the type of subsequent performance chosen by the customer if it is only possible with disproportionate costs and the other type of subsequent performance does not result in significant disadvantages for the customer. During subsequent performance, the purchaser may not reduce the purchase price or withdraw from the contract. A repair is deemed to have failed if the second attempt is unsuccessful, unless the nature of the item or the defect or other circumstances indicate otherwise. If subsequent performance has failed or we have refused subsequent performance altogether, the purchaser can, at his discretion, request a reduction in the purchase price (reduction) or declare withdrawal from the contract.

 

4. The customer can only assert claims for damages under the following conditions due to the defect if subsequent performance has failed or we have refused subsequent performance. The purchaser's right to assert further claims for damages under the following conditions remains unaffected.

 

5. Without prejudice to the above provisions and the following liability limitations, we are liable without restriction for damage to life, body and health that is due to a negligent or intentional breach of duty by our legal representatives or our vicarious agents, as well as for damage that is covered by liability under the Product Liability Act, as well as for all damages that are based on intentional or grossly negligent breaches of contract as well as fraudulent behavior on the part of our legal representatives or our vicarious agents. To the extent that we have provided a quality and/or durability guarantee with respect to the goods or parts thereof, we are also liable within the scope of this guarantee. However, we are only liable for damage that is due to a lack of guaranteed quality or durability but does not occur directly on the goods if the risk of such damage is clearly covered by the quality and durability guarantee.

 

6. We are also liable for damages caused by simple negligence to the extent that this negligence concerns the violation of contractual obligations, compliance with which is of particular importance for achieving the purpose of the contract (cardinal obligations). However, we are only liable if the damage is typically associated with the contract and foreseeable. We are not liable for simple negligent violations of secondary obligations that are not essential to the contract. The limitations of liability contained in sentences 1 - 3 also apply as far as the liability for legal representatives, executive employees and other vicarious agents is concerned.

 

7. Any further liability is excluded regardless of the legal nature of the asserted claim. To the extent that our liability is excluded or limited, this also applies to the personal liability of our employees, employees, employees, representatives and vicarious agents.

 

8. The warranty period is 2 years, calculated from the transfer of risk (note: a reduction to one year in the general terms and conditions is possible for used items. For building materials - if installed - the warranty period is 5 years; if the building materials are used, a reduction to 1 year in the general terms and conditions possible). This deadline also applies to claims for compensation for consequential damage caused by defects, provided that no claims are asserted due to unlawful acts.

 

 

§ 8 Miscellaneous

 

1. This contract and the entire legal relationship between the parties are subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

 

2. Should individual provisions of this contract be or become ineffective or contain a gap, the remaining provisions remain unaffected.