Contractual conditions within the framework of sales contracts made via the platform
- GOLDBLACK Premium Accessoires GmbH & Co. KG
- Stefanstr. 9, 51145 Cologne Cologne
- Phone: +49 (0) 2203 80 69 194
– Fax: + 49 (0) 2203 80 96 196
- Register court: Cologne District Court.
– Register number: HRA 30141 - hereinafter "Provider" -
the customer named in § 2 of the contract - hereinafter referred to as "customer" -
§ 1 Scope, Definitions
(1) For the business relationship between GOLDBLACK Premium Accessoires GmbH & Co. KG (hereinafter "Provider") and the customer (hereinafter "Customer") the following General Terms and Conditions apply exclusively in the version valid at the time of the order. Deviating conditions of the customer will not be recognized unless the provider expressly agrees to their validity in writing.
(2) The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be attributed to his commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or legal partnership who, when concluding the contract, is exercising their commercial or independent professional activity.
§ 2 conclusion of contract
(1) The customer can select products and premium accessories from the provider's range and collect them in a so-called shopping cart using the “add to shopping cart” button. With the button "order for a fee" he submits a binding application to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time. However, the application can only be submitted and transmitted if the customer has accepted these contractual terms and conditions by clicking on the "Accept Terms and Conditions" button and thereby included them in his application.
(2) The provider then sends the customer an automatic confirmation of receipt by e-mail in which the customer's order is listed again and which the customer can print out using the "Print" function. The automatic confirmation of receipt only documents that the customer's order has been received by the provider and does not constitute acceptance of the application. The contract is only concluded when the provider submits a declaration of acceptance, which is sent in a separate email (order confirmation).
§ 3 delivery, availability of goods
(1) If no copies of the product selected by the customer are available at the time of the customer's order, the provider shall inform the customer immediately in the order confirmation. If the product is permanently unavailable, the provider will refrain from a declaration of acceptance. A contract is not concluded in this case.
(2) If the product specified by the customer in the order is only temporarily unavailable, the provider will also inform the customer of this immediately in the order confirmation. In the event of a delivery delay of more than two weeks, the customer has the right to withdraw from the contract. In addition, in this case, the provider is also entitled to withdraw from the contract. He will immediately reimburse any payments already made by the customer.
§ 4 retention of title
The delivered goods remain the property of the provider until full payment has been made
§ 5 prices and shipping costs
(1) All prices stated on the website of the provider include the applicable statutory sales tax. The customer has to bear customs duties and similar charges. These come into play when the goods are purchased from outside the EU.
(2) The corresponding shipping costs are given to the customer in the order form and are to be borne by the customer, unless the customer makes use of his right of withdrawal.
(3) The goods are shipped with selected shipping service providers. The provider bears the shipping risk if the customer is a consumer.
(4) In the event of a cancellation, the customer has to bear the regular costs of the return.
(5) *In the event of late payment of any customs duties that may be incurred or of non-collection after unsuccessful delivery and the resulting return, we as GOLDBLACK will reimburse the purchase price minus any return costs incurred and any fees.
We strive to deliver your shipment within the specified shipping time, but in a few cases there may be unexpected delays caused by the transport service provider or government authorities over which we have no influence. We would be happy to support you in these cases.
§ 6 Payment Modes
(1) The customer can make payment by PayPal, direct debit, credit card.
(2) The customer can change the payment method saved in his user account at any time.
(3) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of the payment is determined according to the calendar, the customer is already in default by missing the date. In this case, he has to pay the provider default interest at a rate of 5 percentage points above the base rate.
(4) The obligation of the customer to pay default interest does not exclude the assertion of further default damages by the provider.
§ 7 Warranty for material defects, guarantee
(1) The provider is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. In relation to entrepreneurs, the warranty obligation for items delivered by the provider is 12 months.
(2) An additional guarantee exists for the goods delivered by the provider only if this was expressly given in the order confirmation for the respective article.
§ 8 liability
(1) Claims by the customer for damages are excluded. Excluded from this are claims for damages by the customer from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents . Essential contractual obligations are those whose fulfillment is necessary to achieve the goal of the contract.
(2) In the event of a breach of essential contractual obligations, the provider is only liable for typical, foreseeable damage if this was caused simply by negligence, unless the customer is entitled to compensation for damage to life, limb or health.
(3) The restrictions of paragraphs 1 and 2 also apply in favor of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.
(4) The provisions of the Product Liability Act remain unaffected.
§ 9 cancellation policy
Right of withdrawal
You can revoke your contract declaration within 14 days without giving reasons in text form (e.g. letter, fax, email) or - if the item is left to you before the deadline expires - by returning the item. The period begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient (in the case of recurring delivery of similar goods, not before receipt of the first partial delivery) and also not before the fulfillment of our information obligations according to Art. 246 § 2 in conjunction with § 1 para. 1 and 2 EGBGB. The timely dispatch of the cancellation or the item is sufficient to meet the cancellation deadline. The revocation must be sent to:
- GOLDBLACK Premium Accessoires GmbH & Co. KG
- Stefanstr. 9, 51145 Cologne; ln
§ 10 Personalized Products
Content of image files, technical requirements of the data, impairment of third party rights when using personalization
(1) The customer is solely responsible for all personalization content sent by the customer that is used to personalize a Goldblack product. This applies in particular to images, graphics, texts or other materials.
(2) The customer is responsible for spelling, image sharpness, image quality and the quality of the design of the images, graphics and texts used.
(3) The permitted formats are: JPG or PNG format. We recommend a minimum resolution of 300 pixels
(4) For all personalization orders sent to Goldblack Premium Accessoires, the necessary copyrights, trademarks or other rights of the customer are assumed.
(5) We would like to point out that third parties can assert substantial claims for damages against customers in the event of copyright infringing content.
(6) The customer is liable for all consequences resulting from a violation of the aforementioned rights and releases Goldblack Premium Accessories from any liability in the event of a claim by a third party.
(7) By placing the order, the customer also guarantees that the content of the image files transferred does not violate criminal law. Goldblack Premium Accessoires reserves the right to refuse such orders if it is aware of them.
(8) Personalized and exclusively manufactured products cannot be exchanged or returned.
Consequences of cancellation
If you withdraw from this contract, we have given you all payments that we have received from you, excluding delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery we offer have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment. We can refuse the repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier. You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.
End of revocation
According to § 312d Abs. 4 Nr. 2 BGB there is no right of revocation for the delivery of audio or video recordings or software, provided that you have unsealed the delivered data carriers.
§ 11 Notes on data processing
(1) The provider collects customer data as part of the processing of contracts. He particularly observes the provisions of the Federal Data Protection Act and the Telemedia Act. Without the customer's consent, the provider will only collect, process or use the customer's inventory and usage data insofar as this is necessary for the processing of the contractual relationship and for the use and billing of telemedia.
(2) Without the consent of the customer, the provider will not use the customer's data for the purposes of advertising, market or opinion research.
(3) The customer has the possibility to retrieve, change or delete the data stored by him under the button "My data" in his profile at any time. In addition, with regard to the customer's consents and further information on the collection, processing and use of data, reference is made to the data protection declaration, which can be accessed at any time on the website of the provider via the button "Privacy" in printable form.
Section 12 Final Provisions
(1) The law of the Federal Republic of Germany shall apply to contracts between the supplier and the customer to the exclusion of the UN Convention on Contracts for the Sale of Goods.
(2) Insofar as 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 is the registered office of the provider.
(3) The contract remains binding even in the event of legal ineffectiveness of individual points in its remaining parts. The statutory provisions shall replace the ineffective points where available. However, insofar as this would constitute an unreasonable hardship for a Contracting Party, the contract will become ineffective as a whole.