Terms of service

Table of contents

1. Scope
2. Conclusion of contract
3. Right of withdrawal
4. Prices and payment terms
5. Delivery and shipping conditions
6. Retention of title
7. M&liability for defects (Gew&service)
8. Liability
9. Introduction&Solution of gift vouchers
10. Applicable law
11. Place of jurisdiction
12. Alternative dispute resolution

1) Scope

1.1 These General Terms and Conditions&Terms and Conditions (hereinafter &"Terms and Conditions"“) of GEMA Sanitär - and heating großhandel GmbH (hereinafter „Saleäufer"), apply f&for all contracts&for the delivery of goods that a consumer or entrepreneur (hereinafter &"Customer“) with the sale&aulaufer with regard to the seller&the seller concludes the goods presented in his online shopßt. The inclusion of the customer's own terms and conditions is hereby rejected, unless otherwise agreed.

1.2&Für contract&These Terms and Conditions shall apply accordingly to the delivery of vouchers, unless otherwise agreed.

1.3 Consumer within the meaning of these Terms and Conditions is any natural&ual person who has a legal businessäft for purposesßt, the &predominantly neither their commercial nor their own&comprehensive professional Tätigkeit be attributed können.&

1.4 Entrepreneur within the meaning of these Terms and Conditions is a natural&natural or legal person or a legal entity&a valid partnership which, upon conclusion of a legal transactionäfts in Aus&exercise of their commercial or self-&comprehensive professional T&validity is concerned.

2) Conclusion of contract

2.1 The products in the online shop of the seller&The product descriptions contained in the seller's offer do not constitute binding offers on the part of the selleräufer, but serve to submit a binding offer by the customer.

2.2& The customer can accept the offer &about the online shop of the seller&The customer submits the order form integrated into the online order form.&Once the customer has placed the selected goods in the virtual shopping cart and completed the electronic ordering process, he can complete the ordering process by clicking on the&By clicking on the "Send" button, you make a legally binding offer to enter into a contract with the goods in your shopping cart. Furthermore, the customer can also make the offer by email, online contact form, post or telephone.&above the saleäufer submit.

2.3 The sale&The customer's offer can be accepted within f&accept in five days,

• by giving the customer a written order confirmation&authorization or order confirmation&Authorization in text form (fax or email) ütransmitted, whereby the receipt of the order confirmation&authorization at the customer&is valid, or
• by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is&is valid, or
• by requesting payment from the customer after placing his order.

If several of the aforementioned alternatives exist, the contract is concluded at the time at which one of the aforementioned alternatives occurs first.The period for accepting the offer begins on the day after the offer is sent by the customer and ends with the expiry of the f&fifth day following the dispatch of the offer. If the seller&If the customer does not accept the offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intentärung is bound.

2.4 If you select a payment method offered by PayPal, the payment will be processed &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 Terms of Use, available at https://www.paypal.com/de/legalhub/paypal/useragreement-full or - if the customer does not &have a PayPal accountügt – subject to the conditions für payments without a PayPal account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-fullIf the customer pays using a payment method selected during the online ordering process&selectable payment method offered by PayPal,ärt the sale&The customer accepts the offer at the time the customer clicks the button which completes the order process.ßt.

2.5 When submitting an offer &via the seller's online order form&The contract text will be sent to the seller after the conclusion of the contract&stored and sent to the customer after sending his order in text form (e.g. e-mail, fax or letter) &transmitted. A darüexcessive train&Making the contract text available by the seller&There is no e-mail address. If the customer has a user account in the seller's online shop before sending his order&the seller, the order data will be displayed on the seller's websiteäufers archived and können from the customer &about its passwordütztes user account can be accessed free of charge by providing the corresponding login data.

2.6 Before submitting the order &via the seller's online order form&The customer can m&Detect 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 magnificationößerung function of the browser, with the help of which the display on the screen is enlargedö&The customer can save his entries within the electronic ordering process as long as &about the &usual keyboard and mouse functions until he clicks the button that completes the order processßt.

2.7&F&Different languages ​​are available for the conclusion of the contractügung. The specific language selection is displayed in the online shop.

2.8 Order processing and contact are generally carried out via email and automated order processing. The customer must ensure that the email address provided for order processing is correct, so that the information provided by the seller can be received at this address.&e-mails sent by the sender can be received&In particular, when using SPAM filters, the customer must ensure that all spam&e-mails sent by the orderer or by third parties commissioned by the orderer to process the order may be deliveredönnen.

3) Right of withdrawal

3.1 Consumers are fundamentally entitled&finally, a right of withdrawal.

3.2&N&Further information on the right of withdrawal can be found in the seller's cancellation policy.äufers.

4) Prices and payment terms

4.1 If the product description of the seller&Unless otherwise stated by the seller, the prices quoted are total prices which include statutory VAT.&Any delivery and shipping costs incurred will be stated separately in the respective product description.

4.2 The payment method&The opportunity/s will be offered to the customer in the online shop of the selleräufers communicated.

4.3 Is prepayment by bank&If a transfer is agreed, payment is due immediately after conclusion of the contract.&void unless the parties have agreed otherwiseäteren F&have agreed on a due date.

4.4 When selecting a &about the payment service &"PayPal"“ offered payment method, the payment is processed &via PayPal, whereby PayPal may also use the services of third-party payment service providers. If the selleräufer üvia PayPal also offers payment methods where he can&If the customer makes advance payments (e.g., purchase on account or payment by installments), the customer assigns his payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer. Before accepting the assignment declaration&cancellation of the saleäufers f&PayPal or the payment service provider commissioned by PayPal using the &transmitted customer data a credit ratingätsprüfung by. The saleäufer beh&reserves the right to offer the customer the selected&Selected payment method in case of a negative price&ueml;fungsergebnis. If the selected&If the payment method is not selected, the customer must pay the invoice amount within the agreed payment period or within the agreed payment intervals. In this case, the customer can only pay to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect.&However, the seller remains responsible even in the event of the assignment of the claim&comprehensive f&For general customer inquiries, e.g. regarding goods, delivery times, shipping, returns, complaints, cancellation noticesärungen and deliveries or credit notes.

4.5 When selecting the payment method "Immediately&transfer" Payment is processed by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (hereinafter "Klarna"To pay the invoice amount via "Immediately&transfer" pay to können, the customer must &about a f&about participating in "Immediately&transfer" activated online banking accountügen, identify themselves accordingly during the payment process and confirm the payment order&The payment transaction will be processed immediately by Klarna&and debits the customer's bank account. N&Further information on the payment method "Immediately&transfer" The customer can order online at https://www.klarna.com/immediately/ retrieve.

4.6 When selecting a &about the payment service "Shopify Payments" For the payment method offered, 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 offered to the customer in the seller's online shop&To process payments, Stripe may use other payment services, füfor which special payment conditions may apply, to which the customer may be informed separately. Further information on "Shopify Payments" are available online at https://www.shopify.com/legal/terms-payments-de available.

4.7 If you select the payment method purchase on account, the purchase price will be&after the goods have been delivered and invoiced. In this case, the purchase price must be paid without deduction to Klarna AB, Sveav, within 30 days of the invoice date.ägen 46,11134 Stockholm, Sweden (www.klarna.de), unless otherwise agreed. The payment method purchase in account requires a successful credit ratingätsprüfung by Klarna AB. If the customer is not&Assessment of the creditworthiness&If the payment method purchase on account is permitted, the payment will be processed in cooperation with Klarna AB, to which the seller&The customer can only make payments to Klarna AB with debt-discharging effect. &In addition, the General Terms and Conditions apply&Terms and conditions of Klarna AB, which the customer can access during the ordering process.äufer beh&It is proposed to offer the payment method purchase on account only up to a certain order volume and to use this payment method for &Exceeding the specified order volume. In this case, the sale&The customer is informed in his payment information in the online shop of a corresponding payment restrictionänkung point out.

4.8 When selecting the payment method &"PayPal invoice"“ the sale&The customer assigns his payment claim to PayPal. Before accepting the assignment&cancellation of the saleäufers f&PayPal uses the &transmitted customer data a credit ratingätsprüfung by. The saleäufer beh&reserves the right to inform the customer of the payment method &"PayPal invoice"“ in case of a negative Prüfung result. If the payment method &"PayPal invoice"“ If approved by PayPal, the customer must pay the invoice amount to PayPal within 30 days of receipt of the goods, unless PayPal specifies a different payment term. In this case, the customer can only pay to PayPal with debt-discharging effect. The seller&However, the seller remains responsible even in the event of the assignment of the claim&comprehensive f&For general customer inquiries, e.g. regarding goods, delivery times, shipping, returns, complaints, cancellation notices&statements and shipments or credit notes. Results&The General Terms and Conditions of Use also apply&about the use of PayPal's invoice purchase, available at https://www.paypal.com/de/webapps/mpp/etc/pui-terms.

5) Delivery and shipping conditions

5.1 If the seller offers&If the seller requests the dispatch of the goods, delivery will be made within the period specified by the seller&delivery area specified by the customer to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the seller's order processing&delivery address specified by the sellerßgeblich.

5.2 For goods delivered by freight forwarder, delivery takes place "free curbside", i.e. up to the delivery address n&nearest &public curb, unless the shipping information in the seller's online shop indicates&unless otherwise stated and unless otherwise agreed.

5.3 If the delivery of the goods fails for reasonsünd for which the customer is responsible, tr&the customer auml;gt the seller&reasonable costs incurred by the operator. This applies with regard to the costs ofüfor the dispatch if the customer effectively exercises his right of withdrawalübt. Füur the R&Return costs apply in case of effective return&Exercise of the right of withdrawal by the customer as set out in the cancellation policy of the selleräufers regulation in this regard.

5.4 If the customer acts as an entrepreneur, the risk of accidental&total destruction and the accidental&any deterioration of the goods sold to the customer über, as soon as the sale&the matter to the freight forwarder, the carrierüdriver or otherwise to execute&ueml;hrung of the shipment to a specific person or institution. If the customer acts as a consumer, the risk of the&total destruction and the accidental&total deterioration of the goods sold due to&finally only with &Handover of the goods to the customer or an authorized person &Notwithstanding this, the risk of accidental&total destruction and the accidental&any deterioration of the goods sold, even in the case of consumers, is already passed on to the customer über, as soon as the sale&the matter to the freight forwarder, the carrierüdriver or otherwise to executeürung of the shipment to a specific person or institution, if the customer has informed the freight forwarder, the carrierüdriver or otherwise to executeührung of the dispatch designated person or institution with the executionürung commissioned and the sale&the operator has not previously named this person or institution to the customer.

5.5 The saleäufer beh&reserves the right, in the event of incorrect or improperäßer self-supply from the contract to&This only applies to&In the event that the non-delivery is not caused by the seller&is responsible for the issuer and the latter has, with due care, concluded a specific cover transactionäft with the supplier. The sale&The seller will make all reasonable efforts to procure the goods. In case of non-availability&availability or only partial availability&If the goods are unavailable, the customer will be&informed and the consideration immediately&refunded in full.

5.6 If the seller offers&If the seller offers the goods for collection, the customer can collect the ordered goods within the period specified by the seller&specified business&Opening times below the sales&Pick up at the address provided by the sender. In this case, no shipping costs will be charged.

6) Retention of title

If the selleräufer in advance, beh&it extends to the full&full payment of the purchase price owed retains ownership of the delivered goods.

7) M&liability for defects (Gew&service)

Unless otherwise stated in the following regulations, the provisions of the statutory M&liability for defects.Deviating from this, the following applies to contracts&for the delivery of goods:

7.1 If the customer acts as an entrepreneur,

• the seller has&the choice of the type of subsequent&filling;
• concerning&for new goods, the age&implementation period für M&Warranty claims one year from delivery of the goods;
• For used goods, the Mä fishing rights excluded;
• begins the Verj&The exercise will not be repeated if, within the framework of the Mängelhaftung a replacement delivery will be made.&

7.2 The liability limitations set out above&delays and deadlines&Restrictions do not apply

• für claims for damages and reimbursement of expensesüche of the customer,
• f&in the event that the seller&the seller has fraudulently concealed the defect,
• für goods that are in accordance with their &usual use f&have been used for a building and have caused its defects,
• füur any existing obligation of the selleräufers to provide updates f&for digital products, at Vertr&for the delivery of goods with digital elements.

&7.3 Darüin addition, f appliesüur entrepreneurs that the statutory&implementation periods füur any existing statutory R&recourse claim unberührt remain.

7.4 If the customer acts as a merchant i.S.d. § 1 HGB, the commercial&external examination and R&obligation according toäß § 377 HGB. Subsidiary&If the customer fails to comply with the notification obligations stipulated therein, the goods shall be deemed to have been approved.

7.5 If the customer acts as a consumer, he is asked to inspect delivered goods with obvious transport&to complain to the deliverer and the seller&If the customer does not do so, this will have no effect on his legal or contractual rights.ängelansprüche.

8) Liability

The sale&The seller is liable to the customer for all contractual, contractual&similar and legal, including tortious claimsüchen for damages and reimbursement of expenses as follows:

8.1 The sale&The sender is liable without limitation for any legal reasonänkt

• in case of intent or gross negligence&incompatibility,
• at vors&accidental or negligent&inadvertent injury to life,örpers or health,
• due to a guarantee promise, insofar as this&Unless otherwise stipulated,
• due to mandatory liability such as under the Product Liability Act.

8.2 If the seller violatesäufer fahrl&If a material contractual obligation is breached, liability is limited to the typical, foreseeable damage, unlessäß above paragraph unlimitänkt liability is assumed.Essential contractual obligations are obligations that the contract imposes on the seller&according to its content to achieve the purpose of the contract, the fulfillment of which&filling the properäße implementation&Execution of the contract üfirst of all&omml;glicht and compliance with which the customer regularlyä&can be trusted completely.

8.3 In &Furthermore, the seller's liabilityäufers excluded.

8.4 The above liability regulations also apply with regard to the liability of the selleräufers für his experienceüllungsgehilfen and legal representatives.

9) Introduction&Solution of gift vouchers

9.1 Vouchers that &via the seller's online shopäufers k&can be acquired in a lump sumönnen (hereinafter "Gift vouchers"), k&can only be purchased in the online shop of the selleräufers inductedöst, unless otherwise stated in the voucher.

9.2 Gift vouchers and remaining balances of gift vouchers are valid until the end of the third year following the year in which the voucher was purchased&Redeemable. Any remaining balance will be credited to the customer until the expiration date.

9.3 Gift vouchers k&can only be entered before completing the order processöst be. A subsequent&Possible offsetting is not possible&possible.

9.4 Only one gift voucher can be redeemed per orderöst be.

9.5 Gift vouchers können only f&for the purchase of goods and not for&can be used to purchase additional gift vouchers.

9.6 If the value of the gift voucher is not sufficient to cover the order, one of the &rest of the sale&payment methods offered by the&be deleted.

9.7 The balance of a gift voucher will not be paid out in cash or accrue interest.

9.8 The gift voucher is &transferable. The sale&The issuer can, with discharging effect, transfer the gift voucher to the respective holder who has purchased the gift voucher in the seller's online shopäufers inletöst, perform. This does not apply if the selleräufer knowledge or gross negligence&inadmissible ignorance of the lack of authorization, the businessäftsunfähigkeit or the lack of authority to represent the respective owner.

10) Applicable law

Fürs&The law of the Federal Republic of Germany shall apply 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 provided by mandatory provisions of the law of the country in which the consumer acquires his&similar residence is withdrawn.

11) Place of jurisdiction

If the customer acts as a merchant, legal entity of &public law or &special property under public lawögen with its registered office in the territory of the Federal Republic of Germany, is exclusively&Legal place of jurisdictionür all disputes arising from this contract of the Gesch&registered office of the companyäufers.If the customer is based in&outside the territory of the Federal Republic of Germany, the business&registered office of the companyäufers exclude&Legal place of jurisdictionüfor all disputes arising from this contract, if the contract or claimüche from the contract of professional or commercial T&auth;ity of the customer can be attributedönnen. The saleäufer is in the above F&However, in any case, we are entitled to bring the case before the court at the customer's place of business.

12) Alternative dispute resolution

The sale&The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.