OUR GENERAL TERMS AND CONDITIONS
The following general terms and conditions apply to all deliveries and offers.
Counter-confirmations of the customer with reference to his own terms and conditions of business or purchase are hereby contradicted.
Offer, subject matter and wording of the contract
(1) The presentation of the products in the online shop is a non-binding invitation to the customer to order. (2) The customer’s order represents an offer to conclude a sales contract. When the customer places an order, we usually send an order confirmation. Unless otherwise stated, this order confirmation does not represent an 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 confirm the conclusion of the contract or send the ordered product. (3) The contract is concluded in German language. A contract text is not stored by us. However, registered customers have the opportunity to view the scope and status of their orders in the customer area.
Right of withdrawal
You have the right to revoke this contract within fourteen days without giving reasons. The revocation period is fourteen days from the day on which you or a third party designated by you, other than the carrier, took possession of the goods. To exercise your right of withdrawal, you must
Dr. Gold GmbH & Co. KG
Fax: 0211 13 14 65
inform us by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of your decision to withdraw from this contract. You may use the sample cancellation form on our site, but this is not mandatory. In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of the revocation
If you revoke this Agreement, we shall reimburse you for all payments we have received from you, including delivery charges (other than any additional charges arising from your choosing a different method of delivery from the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date on which we receive notice of your revocation of this Agreement. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may refuse to make any refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return the goods to us immediately and in any event no later than fourteen days from the date on which you notify us of the cancellation of this agreement.
Dr. Gold GmbH & Co. KG
fax: 0211 13 14 65
The deadline is met if you send the goods before the end of the fourteen-day period. You bear the direct costs of returning the goods. You will only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods that is not necessary for checking their nature, properties and functioning.
Prices, packaging and shipping, partial deliveries
(1) Our prices are basically the prices stated in the shopping cart on our website at the time of the order. Deviating prices that may be displayed on pages loaded from caches (browser cache, proxies) are not current and invalid. (2) Dr.Gold GmbH & Co.KG 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 cash on delivery or prepayment. (3) Costs arising from a chargeback of a payment transaction due to lack of funds or due to data incorrectly transmitted by the customer will be charged to the customer. (4) Offsetting against counterclaims is only permitted if these are undisputed or have been legally established. In addition, the customer may set off against a counterclaim which has taken the place of a right of retention to which he is entitled under this contractual relationship.
Retention of title
(1) All goods delivered by Dr.Gold GmbH & Co.KG remain the property of Dr.Gold GmbH & Co.KG until full payment and settlement of all claims arising from the business relationship. This also applies to conditional claims. (2) If the customer is an entrepreneur, the following provisions shall also apply: Access by third parties to goods owned or co-owned by Dr.Gold GmbH & Co.KG must be reported by the customer immediately. Costs arising from such interventions for third-party proceedings or costs for an extrajudicial release shall be borne by the customer. By way of security, the customer assigns to Dr.Gold GmbH & Co.KG in full all claims arising from resale or other legal grounds in respect of the goods subject to retention of title (including all balance claims from current account). We revocably authorise the buyer/customer to collect the claims assigned to us for his account and in his own name. This direct debit authorization can be revoked if the buyer/customer does not properly meet his payment obligations.
(1) Dr.Gold GmbH & Co.KG is entitled to withdraw from the contract if the customer has provided incorrect information about his creditworthiness or if there are other indications that the customer is objectively not creditworthy and our claim to payment of the purchase price is thereby jeopardised. (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 justification for the withdrawal is not necessary.
Assignability of claims
The customer is not entitled to assign his claims from the contract.
(1) If the customer is a merchant, Nuremberg shall be the sole place of jurisdiction for all disputes between the contracting parties, including actions on bills of exchange and cheques.
(2) German law applies exclusively, excluding the provisions of the UN Convention on Contracts for the International Sale of Goods. Mandatory provisions of the state in which the customer has his habitual residence shall remain unaffected.(3) Should one of these provisions be invalid, the validity of the remaining provisions shall not be affected.
Dr. Gold GmbH & Co. KG
fax: 0211 13 14 65
Legal domicile Nuremberg