OUR GENERAL TERMS AND CONDITIONS
The following General Terms and Conditions apply to all deliveries and offers of El Casco, a business division of Dr. Gold GmbH & Co. KG (hereinafter referred to as “Seller”), which a consumer or entrepreneur (hereinafter referred to as “Customer”) concludes with the Seller with regard to the goods presented by the Seller in its online shop.
The inclusion of the Customer’s own terms and conditions with reference to its own terms and conditions of business or purchase is hereby objected to.
A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur within the meaning of 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 self-employed professional activity.
Offer, subject matter of the contract and contract text
(1) The presentation of the products in the online shop is a non-binding invitation to the customer to place an order.
(2) The customer’s order constitutes an offer to conclude a purchase contract. When the customer places an order, we usually send an order confirmation. Unless otherwise stated, this order confirmation does not constitute acceptance of the offer, but is only intended to inform the customer that we have received the order. A contract is only concluded when we expressly confirm the conclusion of the contract or dispatch the ordered product. If several of the aforementioned alternatives exist, the contract shall be concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the customer sends the offer and ends with the expiry 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 shall be deemed to be a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.
(3) The contract shall be concluded in German. Order processing and contacting usually take place by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
(4) When an offer is made via the Seller’s online order form, the text of the contract is stored by the Seller and sent to the Customer in text form (e.g. e-mail, fax or letter) together with these General Terms and Conditions after the order has been sent. In addition, the text of the contract is archived on the Seller’s website and can be accessed free of charge by the Customer via his password-protected customer account by providing the relevant login data, provided that the Customer has created a customer account in the Seller’s online shop before submitting his order.
Right of withdrawal
Consumers are generally entitled to a right of revocation.
As a consumer, you have the right to revoke this contract within fourteen days without stating any reasons. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods. In order to exercise your right of withdrawal, you must send us
Dr. Gold GmbH & Co. KG
by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to revoke this contract. You can use the model withdrawal form on our website for this purpose, which is, however, not mandatory. To comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return the goods back to us without undue delay and in any event no later than fourteen days from the day on which you notify us of the cancellation of this contract.
You must return or hand over the goods to our warehouse at:
Dr. Gold GmbH & Co. KG
The deadline is met if you send the goods before the end of the period of fourteen days. You shall bear the direct costs of returning the goods. You shall 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 checking the condition, properties and functioning of the goods.
Prices and terms of delivery
(1) Our prices are generally the prices listed in the shopping basket on our website at the time of the order. Deviating prices that may be displayed on pages that are loaded from intermediate storage (browser cache, proxies) are not current and invalid. Unless otherwise stated in the Seller’s product description, the prices quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs will be stated separately in the respective product description.
(2) The customer will be informed of the payment option(s) in the Seller’s online shop. The Seller reserves the right, in individual cases or if payment is refused by credit institutions or providers of the respective payment method, to execute the order only against payment by cash on delivery or advance payment.
(3) Costs incurred by chargeback of a payment transaction due to lack of funds or due to incorrect data transmitted by the customer will be charged to the customer.
(4) The delivery of goods shall be made by dispatch to the delivery address specified by the customer.
(5) If the transport company returns the dispatched goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful dispatch. This does not apply if the customer effectively exercises his right of withdrawal, if he is not responsible for the circumstance that led to the impossibility of delivery, or if he was temporarily prevented from accepting the service offered, unless the seller had given him reasonable advance notice of the service.
Payment methods and processing
(1) We work together with Paypal for the processing of all payment methods.
You can pay in our online shop via PayPal. After you have selected PayPal as your payment method, you will be redirected to PayPal. There you can authenticate yourself with your PayPal user name and password. If you do not yet have a PayPal account, you can register with PayPal. In case of returns, the amount will be credited back to your PayPal account.
Retention of title
All goods delivered by the seller remain the property of the seller until full payment and settlement of all claims arising from the business relationship. This also applies to conditional claims.
(1) The seller is entitled to withdraw from the contract if the customer has given incorrect information about his creditworthiness.
(2) The customer has the right to withdraw from the purchase at any time up to the time of delivery of the ordered goods, unless otherwise agreed in writing. A reason for the withdrawal is not required.
Liability for defects
If the purchased item is defective, the provisions of the statutory liability for defects shall apply.
(1) The customer is not entitled to assign his claims arising from the contract.
(2) The law of the Federal Republic of Germany shall apply to all legal relationships between the parties to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
(3) 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 shall be the Seller’s registered office. If the customer has its registered office outside the territory of the Federal Republic of Germany, the Seller’s registered office shall be 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 shall in any case be entitled to bring an action before the court at the customer’s place of business.
Alternative dispute resolution
The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr.
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
Dr. Gold GmbH & Co. KG