following business terms are applicable to all the contracts, which you
conclude with us as a supplier (GASCHer's - Oswald Verlag) via the
www.gaschers.shop website. Unless otherwise agreed upon, the inclusion,
if necessary, of your own conditions is ruled out.
‘consumer’ in the sense of the following regulations is every natural
person who concludes a legal transaction which, to an overwhelming
extent, cannot be attributed to either his commercial or independent
professional activities. The term ‘businessman’ refers to every natural
person, legal person or legally responsible partnership that concludes a
legal transaction in pursuance of his/its independent professional or
§ 2Conclusion of the contract
(1)The subject-matter of the contract is the selling of products .
soon as you place the respective product on our website, we shall
submit to you a binding offer to conclude a contract via the online
shopping cart system under the conditions specified in the item
(3)The purchase agreement takes place via the online shopping cart system as follows:
The products intended
for purchase are moved to the "shopping cart". You can select the
shopping cart using the appropriate buttons on the navigation bar and
make changes there at any time.
After accessing the "Checkout" page and entering your personal data as
well as the payment and shipping conditions, you are finally shown the
order data again as an order overview.
If you use an instant payment system
(e.g. PayPal/PayPal Express, Amazon Payments, instant transfer) as your
payment method, you will either be taken to the order overview page in
our online shop or forwarded to the website of the provider of the
instant payment system.
If you are forwarded to the relevant
instant payment system, choose and/or enter your data as appropriate.
Finally, on the website of the provider of the instant payment system
or, after you have been directed back to our online shop, the order data
will be displayed as an order overview.
Before submitting the order, you have the
option once more to review or change (you may also use the "Back" button
on your web browser) any information on the order summary page, or to
cancel the purchase. By clicking the "purchase” button to
submit the order, you declare acceptance of the order in a legally
binding way by which the purchase agreement takes place.
are not bound by your enquiries regarding the creation of an offer that
have been conveyed to us. We supply you with a textual and binding
offer (e.g. via e-mail), which you can accept within a period of 5 days.
execution of the order and the sending of all the details necessitated
by the conclusion of the contract take place via e-mail, in a
partially-automated manner. Consequently, you have to ensure that the
e-mail address that you have deposited with us is the correct one, and
that the receipt of the respective e-mails is guaranteed. In particular,
you have to ensure that the respective e-mails are not blocked by a
§ 3Special agreements related to the offered payment methods
Payment options from Klarna In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is always made to Klarna:
Instant bank transfer: Available in Germany. Your account will be debited immediately after placing the order.
Klarna will treat your personal data in accordance with the applicable
For more information about Klarna, please click here. The Klarna app can be found here.
§ 4Right of retention, reservation of proprietary rights
can only exercise a right of retention if the situation in question
involves claims arising from the same contractual relationship.
(2)The goods remain our property until the purchase price is paid in full.
(3)If you are a businessman, the following conditions also apply:
a) We retain ownership of the goods until all the claims arising from
the ongoing business relationship have been settled in full. The goods
subject to retention of title may not be pledged or transferred by way
of security before ownership of the said goods changes hands.
b) You can re-sell the goods within the framework of an orderly
transaction. In this regard, you hereby cede all the claims amounting to
the magnitude of the billing amount that accrue to you as a result of
the re-selling operation to us, and we accept the cession. Furthermore,
you are authorised to collect the claim in question. However, insofar as
you do not discharge your payment obligations in an orderly fashion, we
reserve the right to collect the claim ourselves.
c) In a situation involving the combination and amalgamation of the
goods subject to retention of title, we acquire co-ownership of the
newly-formed item. This co-ownership corresponds to the ratio that
exists between the invoice value of the goods subject to retention of
title and the other processed items at the time of processing.
d) If you make a request of this nature, we shall be obligated to
release the securities that are due to us, to the extent that the
realisable value of our securities exceeds the claim to be secured by
more than 10%. We are responsible for selecting the securities to be
(1)The statutory warranty rights are applicable.
Insofar as you are informed by us prior
to submission of the contractual declaration and this has been expressly
and separately agreed, the claims for defects are excluded in the case
of used goods if the defect only becomes apparent after the expiry of
one year from delivery of the goods. If the defect becomes apparent
within one year from delivery of the goods, the claims for defects may
be asserted within the statutory limitation period of two years from
delivery of the goods. The above limitation shall not apply
- for culpable damage attributable to us
arising from injury to life, limb or health and in the case of other
damage caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the goods.
a consumer, you are requested to promptly check the product for
completeness, visible defects and transport damage as soon as it is
delivered, and promptly disclose your complaints to us and the shipping
company in writing. Even if you do not comply with this request, it
shall have no effect on your legal warranty claims.
a characteristic of the goods deviates from the objective requirements,
the deviation shall only be deemed to be agreed if you were informed of
the same by us before submitting the contractual declaration and the
deviation was expressly and separately agreed between the contracting
Insofar as you are an entrepreneur, the following shall apply in deviation from the above warranty provisions:
a) Only our own
specifications and the manufacturer's product description shall be
deemed agreed as the quality of the goods, but not other advertising,
public promotions and statements by the manufacturer.
b) In the event of
defects, we shall, at our discretion, provide warranty by rectification
of the defect or subsequent delivery. If the rectification of defects
fails, you may, at your option, demand a reduction in price or withdraw
from the contract. The rectification of defects shall be deemed to have
failed after a second unsuccessful attempt, unless the nature of the
goods or the defect or other circumstances indicate otherwise. In the
event of rectification of defects, we shall not be obliged to bear the
increased costs arising from the transport of the goods to a place other
than the place of performance, unless such transport is in accordance
with the intended use of the goods.
c) The warranty period shall be one year from delivery of the goods. The shortening of the period shall not apply
- for culpable damage attributable to us
arising from injury to life, limb or health and for other damage caused
intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
- in the case of items which have been
used for a building in accordance with their customary use and have
caused its defectiveness;
- in the case of statutory rights of recourse that you may assert against us in connection with rights arising from defects.
§ 6Choice of law, place of fulfilment, jurisdiction
law shall apply. This choice of law only applies to customers if it
does not result in the revocation of the protection guaranteed by the
mandatory provisions of the law of the country in which the respective
customer’s usual place of residence is located (benefit-of-the-doubt
you are not a consumer, but a businessman, a legal entity under public
law or an institutional fund governed by public law, our place of
business is the place of jurisdiction as well as the place of fulfilment
for all services that follow from the business relationships that exist
with us. The same condition applies to situations in which you are not
associated with a general place of jurisdiction in Germany or the EU, as
well as situations in which the place of residence or the usual place
of residence is not known at the time of commencement of proceedings.
This has no bearing on the capacity to call upon the court associated
with another place of jurisdiction.
(3)The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly inapplicable.
Alternative dispute resolution:
The European Commission provides a platform for the out-of-court
resolution of disputes (ODR platform), which can be viewed under https://ec.europa.eu/odr.
2. Information regarding the conclusion of the contract
The technical steps associated with the
conclusion of the contract, the contract conclusion itself and the
correction options are executed in accordance to the regulations
"conclusion of the contract" in our standard business terms (part I.).
3. Contractual language, saving the text of the contract
3.1Contract language shall be English.
3.2The complete text of the contract is not saved with us. Before the order is sent, via the online - shopping cart system the
contract data can be printed out or electronically saved using the
browser’s print function. After the order is received by us, the order
data, the legally-mandated details related to distance selling contracts
and the standard business terms are re-sent to you via e-mail.
will be sent all contractual information within the framework of a
binding offer in written form, via E-mail for example, for quotation
requests outside of the online shopping basket system, which can be
printed out or saved electronically in a secure manner.
The key features of the goods and/or services can be found in the respective quote.
6. Prices and payment arrangements
prices mentioned in the respective offers represent total prices, as do
the shipping costs. They include all the price components, including
all the incidental taxes.
dispatch costs that are incurred are not included in the purchase
price. They can be viewed by clicking the appropriate button on our
website or in the respective quote, are shown separately over the course
of the order transaction and must additionally be borne by you, insofar
as free delivery is not confirmed.
delivery is made to countries outside of the European Union, we may
incur unreasonable additional costs, such as duties, taxes or money
transfer fees (transfer or foreign exchange fees charged by the banks),
which you must bear.
must also bear the costs arising from money transfers in cases in which
the delivery is made to an EU Member State, but the payment is
initiated outside of the European Union.
6.5The payment methods that are available to you are shown by clicking the appropriate button on our website or are disclosed in the respective quote.
otherwise specified for the respective payment methods, the payment
claims arising from the contract that has been concluded become payable
7. Delivery conditions
delivery conditions, delivery date and existing supply restrictions, if
applicable, can be found by clicking the appropriate button on our
website or in the respective quote.
you are a consumer, the following is statutorily regulated: The risk of
the sold item accidentally being destroyed or degraded during shipping
only passes over to you when the item in question is delivered,
regardless of whether or not the shipping operation is insured. This
condition does not apply if you have independently commissioned a
transport company that has not been specified by us or a person who has
otherwise been appointed to execute the shipping operation.
If you are a businessman, the delivery and shipping operations take place at your own risk.
8. Statutory warranty right
Liability for defects is governed by the “Warranty” provisions in our General Terms and Conditions of Business (Part I).
These SBTs and customer details were
created by the lawyers specialising in IT law who work for the
Händlerbund, and are constantly checked for legal conformity.
Händlerbund Management AG guarantees the legal security of the texts and
assumes liability in case warnings are issued. More detailed
information can be found on the following website: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.