General Terms and Conditions
General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts concluded with us as the provider (ForestGum GmbH) via the website https://forestgum.de/shop. Unless otherwise agreed, the inclusion of any terms and conditions of your own is hereby objected to.
(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly outside his or her trade, business or profession. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of his or her independent professional or commercial activity.
§ 2 Conclusion of the Contract
(1) The subject of the contract is the sale of goods.
Our offers on the Internet are non-binding and not a binding offer to conclude a contract.
By submitting the order via the button “place order with obligation to pay” you submit a binding offer to us.
You will first receive an automatic email confirming receipt of your order, which does not yet constitute acceptance of the contract.
(3) Acceptance of the offer (and thus conclusion of the contract) takes place within 2 days by confirmation in text form (e.g. email), in which you are confirmed the execution of the order or delivery of the goods (order confirmation).
If you do not receive a corresponding message, you are no longer bound by your order. Any services already rendered will be refunded immediately in this case.
(4) Processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out partly automatically by email. You must therefore ensure that the email address you provide to us is correct, that receipt of the emails is technically ensured and in particular not prevented by SPAM filters.
§ 3 Right of Retention, Reservation of Title
(1) You may only exercise a right of retention insofar as it relates to claims from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
§ 4 Warranty
(1) The statutory warranty rights apply.
(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. Failure to do so has no effect on your statutory warranty claims.
§ 5 Choice of Law, Place of Performance, Place of Jurisdiction
(1) German law shall apply. For consumers, this choice of law applies only insofar as it does not deprive the consumer of the protection granted by mandatory provisions of the law of the state in which the consumer has his or her habitual residence (principle of favorability).
(2) The place of performance for all services arising from business relationships with us and the place of jurisdiction is our registered office, provided you are not a consumer but a merchant, legal entity under public law or special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is unknown at the time the action is filed. The right to also invoke the court at another statutory place of jurisdiction remains unaffected.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
II. Customer Information
1. Identity of the Seller
ForestGum GmbH
Körnerstraße 25
50823 Cologne
Germany
Phone: +49 (0)221 292829 80
Email: shop@forestgum.de
Alternative Dispute Resolution:
The European Commission provides a platform for online dispute resolution (ODR), available at https://ec.europa.eu/odr.
2. Information on the Conclusion of the Contract
The technical steps leading to the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions “Conclusion of the Contract” in our General Terms and Conditions (Part I).
3. Contract Language, Storage of the Contract Text
3.1. The contract language is German.
3.2. The complete contract text is not stored by us. Before submitting the order via the online shopping cart system, the contract data can be printed out or electronically saved using the browser’s print function. After receipt of the order by us, the order data, the legally required information for distance contracts and the General Terms and Conditions will be sent to you again by email.
4. Essential Characteristics of the Goods or Services
The essential characteristics of the goods and/or services can be found in the respective offer.
5. Prices and Payment Terms
5.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
5.2. The shipping costs incurred are not included in the purchase price. They can be accessed via a correspondingly designated button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you additionally, unless free shipping has been promised.
5.3. The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.
5.4. Unless otherwise specified for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
6. Delivery Conditions
6.1. The delivery conditions, delivery date as well as any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
6.2. If you are a consumer, it is legally regulated that the risk of accidental loss and accidental deterioration of the sold item during shipment does not pass to you until the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or a person otherwise designated to carry out the shipment.
7. Statutory Warranty Rights
The warranty is governed by the regulation “Warranty” in our General Terms and Conditions (Part I).
These General Terms and Conditions and Customer Information were created by the lawyers of the Händlerbund, who specialize in IT law, and are constantly checked for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.
last update: 27.10.2020
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts concluded with us as the provider (ForestGum GmbH) via the website https://forestgum.de/shop. Unless otherwise agreed, the inclusion of any terms and conditions of your own is hereby objected to.
(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly outside his or her trade, business or profession. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of his or her independent professional or commercial activity.
§ 2 Conclusion of the Contract
(1) The subject of the contract is the sale of goods.
Our offers on the Internet are non-binding and not a binding offer to conclude a contract.
(2) You can submit a binding purchase offer (order) via the online shopping cart system.
The goods intended for purchase are placed in the “shopping cart”. Using the corresponding button in the navigation bar, you can call up the “shopping cart” and make changes there at any time. After calling up the “checkout” page and entering your personal data as well as the payment and shipping terms, all order data will be displayed again on the order overview page.
Before submitting the order, you have the option to review, change (also using the “back” function of the internet browser), or cancel the order. The goods intended for purchase are placed in the “shopping cart”. Using the corresponding button in the navigation bar, you can call up the “shopping cart” and make changes there at any time. After calling up the “checkout” page and entering your personal data as well as the payment and shipping terms, all order data will be displayed again on the order overview page.
By submitting the order via the button “place order with obligation to pay” you submit a binding offer to us.
You will first receive an automatic email confirming receipt of your order, which does not yet constitute acceptance of the contract.
(3) Acceptance of the offer (and thus conclusion of the contract) takes place within 2 days by confirmation in text form (e.g. email), in which you are confirmed the execution of the order or delivery of the goods (order confirmation).
If you do not receive a corresponding message, you are no longer bound by your order. Any services already rendered will be refunded immediately in this case.
(4) Processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out partly automatically by email. You must therefore ensure that the email address you provide to us is correct, that receipt of the emails is technically ensured and in particular not prevented by SPAM filters.
§ 3 Right of Retention, Reservation of Title
(1) You may only exercise a right of retention insofar as it relates to claims from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
§ 4 Warranty
(1) The statutory warranty rights apply.
(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. Failure to do so has no effect on your statutory warranty claims.
§ 5 Choice of Law, Place of Performance, Place of Jurisdiction
(1) German law shall apply. For consumers, this choice of law applies only insofar as it does not deprive the consumer of the protection granted by mandatory provisions of the law of the state in which the consumer has his or her habitual residence (principle of favorability).
(2) The place of performance for all services arising from business relationships with us and the place of jurisdiction is our registered office, provided you are not a consumer but a merchant, legal entity under public law or special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is unknown at the time the action is filed. The right to also invoke the court at another statutory place of jurisdiction remains unaffected.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
II. Customer Information
1. Identity of the Seller
ForestGum GmbH
Körnerstraße 25
50823 Cologne
Germany
Phone: +49 (0)221 292829 80
Email: shop@forestgum.de
Alternative Dispute Resolution:
The European Commission provides a platform for online dispute resolution (ODR), available at https://ec.europa.eu/odr.
2. Information on the Conclusion of the Contract
The technical steps leading to the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions “Conclusion of the Contract” in our General Terms and Conditions (Part I).
3. Contract Language, Storage of the Contract Text
3.1. The contract language is German.
3.2. The complete contract text is not stored by us. Before submitting the order via the online shopping cart system, the contract data can be printed out or electronically saved using the browser’s print function. After receipt of the order by us, the order data, the legally required information for distance contracts and the General Terms and Conditions will be sent to you again by email.
4. Essential Characteristics of the Goods or Services
The essential characteristics of the goods and/or services can be found in the respective offer.
5. Prices and Payment Terms
5.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
5.2. The shipping costs incurred are not included in the purchase price. They can be accessed via a correspondingly designated button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you additionally, unless free shipping has been promised.
5.3. The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.
5.4. Unless otherwise specified for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
6. Delivery Conditions
6.1. The delivery conditions, delivery date as well as any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
6.2. If you are a consumer, it is legally regulated that the risk of accidental loss and accidental deterioration of the sold item during shipment does not pass to you until the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or a person otherwise designated to carry out the shipment.
7. Statutory Warranty Rights
The warranty is governed by the regulation “Warranty” in our General Terms and Conditions (Part I).
These General Terms and Conditions and Customer Information were created by the lawyers of the Händlerbund, who specialize in IT law, and are constantly checked for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.
last update: 27.10.2020