Shopping on goonsgear.com is possible by using the cart. All products that can be added to the cart can normally be delivered. If a product is no longer in stock, the buyer can still add it to his/her wish list and will receive an email notification indicating when the product will be available again.
In addition, GOONSGEAR also offers the option of pre-ordering records before their official release date. For the purpose of clarity, GOONSGEAR would like to emphasise that the pre-ordered products cannot be delivered before the official release date.
1. Area of applicability
These GTCs are applicable for every order placed with GOONSGEAR irrespective of whether the order has been placed via the website using the “Cart”. Contract partners are GOONSGEAR GbR, Geranienweg 7, 96163 Gundelsheim, Germany and the consumer or contractor (subsequently „customer“).
A “consumer” means a natural person, except a merchant who obtains goods or services for the purposes of his business. “Contractor” in these GTCs means any natural or legal person who concludes a legal transaction for a purpose that can be attributed to its commercial or independent professional activity. These GTCs apply to all, including future contracts between GOONSGEAR and the customer. With each contract the customer accepts the GTCs active at the point in time of the conclusion of the contract. The following GTCs apply to all contracts, thus contravening all other regulations or GTCs the customer might have. These GTCs are printed in GOONSGEAR
catalogues and can be accessed online under the link GTCs. In addition, these GTCs are sent to every customer along with the order confirmation sent by GOONSGEAR (see the Conclusion of a contract).
2. Conclusion of a contract
Orders can be placed with GOONSGEAR by using the cart on the website (http://www.goonsgear.com) as well as by telephone. The order is a binding offer of the customer to conclude a sales contract.
The sales contract comes into existence when GOONSGEAR sends an order confirmation to the customer via email. If GOONSGEAR does not have the customer’s email address, the sales contract shall be concluded over the phone.
GOONSGEAR can accept the customer’s offer mentioned in the order within 5 calendar days. If this does not happen (no order confirmation, no conclusion of the contract over the phone within the specified period), the customer’s offer shall be considered as rejected.
3. Orders via the website (cart)
Order can be placed via http://www.goonsgear.com using a cart system equipped with a secured connection (https-Protocol/SSL-Encryption) in the following three steps. You can find detailed instructions for placing an order using the cart including “screenshots” under the How to order section of http://www.goonsgear.com.
The customer can add the products of his/her interest to the cart by clicking on the “Cart” function. The customer can use the “Add to cart” button (on the right in the navigation menu) to view the cart at any time. He/she can view the products in the cart, their prices and quantities. In the “Quantities” column, the customer can select the “Remove item” function in the “pull-down menu” to remove any selected product from the cart.
The customer can click on the “Checkout” button to go to step 2, where he/she must enter the address & email address. He/she can also specify a delivery address that is different from the invoice address.
The order is completed in step 3. The invoice and delivery address is displayed again to the customer. He/she can use the “Change data” button to correct incorrect entries. Before completing the order, the customer must select one of the available payment methods. Once the customer clicks on the “Buy” button, it shall be considered that the customer has accepted the Terms which can be viewed at any time. These Terms can be viewed at any time as a “print version” in the PDF format and saved.
The customer can always cancel the previous order step and make changes. After clicking on the “Buy” button, the customer will immediately receive an email indicating the receipt of his/her order. The receipt confirmation is normally sent along with the order confirmation email.
4. Prices / packaging / shipping costs
There is no minimum order value at GOONSGEAR. All prices are specified in Euro and are inclusive of the statutory sales tax (VAT). Prices specified at the time of concluding the order shall be applicable. The sales tax is specified separately in the invoices.
GOONSGEAR does not impose additional charges for the packaging of the consignment.
Shipping costs are listed in the shipping cost table on http://www.goonsgear.com.
Additional customs duties and charges are applicable for deliveries in non-EU countries.
http://ec.europa.eu/taxation_customs/index_en.htm for infos regarding customs duties
http://auskunft.ezt-online.de/ezto/Welcome.do for information on turnover tax
http://xtares.admin.ch/tares/login/loginFormFiller.do especially for Switzerland
5. Payment conditions / reservation of proprietary rights
GOONSGEAR accepts payments per Credit Card & Paypal.
The procedure prescribed by Credit Card is used for payments via Credit Card. If payments are made via Credit Card, GOONSGEAR does not receive the customer’s bank account details.
Reservation of proprietary rights
The procedure prescribed by PayPal is used for payments via PayPal. If payments are made via PayPal, GOONSGEAR does not receive the customer’s bank account details.
Reservation of proprietary rights
Until the entire payment is made, products remain the property of GOONSGEAR. And GOONSGEAR reserves the right to refuse to deliver the promised service if the products are not available. In the case of not available items, if the payment has already been made, a credit note for the purchase price will be sent to the customer and is adjusted against the next order or the payment is refunded at the request of the customer.
If the ordered products need to be delivered in a foreign country (especially outside of Europe), the customer must bear the applicable import duties (primarily customs).
6. GOONSGEAR’s right to rescind
If GOONSGEAR does not receive the payment within the 14-day payment period GOONSGEAR is entitled to withdraw from the contract. After receiving the order, GOONSGEAR reserves the ordered products for the customer. If the products are reserved, they are not available for sale to other customers. In order to sell the ordered products to other customers, GOONSGEAR may withdraw from the sales contract if payment is not received within the agreed period.
7. Shipping / delivery time
Orders are dispatched via DHL, Deutsche Post (Warensendung), Hermes UK, & USPS via Transglobal Express.
If delivery fails due to reasons in the customer’s domain, the customer carries any additional shipping costs should the order be re-sent. It is further the customers responsibility to ensure that the delivery can be made successfully during business and delivery hours to the specified delivery address. GOONSGEAR carries the risk of loss insofar that the customer is a consumer. The risk of loss and accidental damage is transferred to the customer upon receipt of the goods.
GOONSGEAR also reserves the right to entrust another company with delivery.
8. Acceptance of the delivery by the customer
The customer should not accept packages that are visibly damaged on the outside without registering a complaint as this will make the verification of a damaged consignment during transit at the cost of GOONSGEAR difficult or may rule out such a possibility. When accepting the consignment, the customer must therefore ensure that the delivered package is not damaged on the outside. If the package is visibly damaged and therefore damage to its contents is obvious, the customer must show this to the delivery agent and let the delivery agent make a suitable note and should retain a copy of this note.
9. Right of Withdrawal
Customers of GOONSGEAR reserve the right of withdrawal in accordance with the provisions of the Distance Selling Regulations.
10. Cost bearing agreement in the event of withdrawal
If the right of withdrawal is exercised, it is agreed upon that, within the Federal Republic of Germany, GOONSGEAR shall bear the direct costs of the return delivery if the return label provided is used. If no return label was provided, GOONSGEAR can provide one retrospectively should the order value exceed 20 Euro. Request a return label by sending an email to firstname.lastname@example.org.
If the return label provided is not used to return the goods to us, the customer bears the direct costs of a return. Customers returning goods from other countries than Germany bear the direct costs of a return in general.
In case of orders placed by customers residing in other countries, whether EU or non-EU territory, the following applies:
If the right of cancellation is exercised, it is agreed upon that the customer shall bear the direct costs of the return delivery.
Our customers are therefore entitled to revoke their declaration to conclude a contract in accordance with the following cancellation notice.
11. Disclaimer notice
Right of withdrawal
The customer can withdraw from a sales contract (the order) within 30 days starting from the day that the customer or a third party other than the carrier and indicated by the customer acquires physical possession of the goods. Within this time frame no reasons for withdrawal have to be given.
To exercise the right of withdrawal the customer has to inform us, E-mail email@example.com) by way of a clear statement (e.g. by letter, or email) of his/her decision to cancel the sales contract. For this purpose s/he can use the use the model withdrawal form enclosed in the shipment but it is no requirement.
Informing us about the decision of withdrawal can also be done electronically via the withdrawal form on our website [http://www.goonsgear.com]. Should s/he opt for the electronic form, we will issue a confirmation of withdrawal via email.
To comply with the right of withdrawal time frame, it is sufficient that the withdrawal notice is communicated within this time frame.
Unless the parties have agreed otherwise, the consumer will not have a right of withdrawal:
for the supply of sealed audio or sealed video recordings or sealed computer software, the right to cancel ceases if the goods become unsealed after delivery
for the supply of a newspaper, periodical or magazine with the exception of subscription contracts for the supply of such publications
the supply of accommodation, transport of goods, vehicle rental services, catering or services related to leisure activities, if the contract provides for a specific date or period of performance.
Effects of withdrawal
If the customer withdraws from this contract, we shall reimburse all payments received, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about the decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as the customer used for the initial transaction, unless we have expressly agreed otherwise; in any event, the customer will not incur any fees as a result of such reimbursement.
We may withhold reimbursement until we have received the goods back or the customer has supplied evidence of having sent back the goods, whichever is the earliest. The customer has to return the goods to us within 30 days starting from the day he has informed us of the withrawal from the contract to the following address GOONSGEAR, z.Hd. Retouren, Gaildorferstr. 89, 74564 Crailsheim, Germany. The customer shall send back the goods without undue delay and in any event not later than 30 days from the day on which s/he has communicated his decision to withdraw from the contract to us. The deadline shall be met if the customer sends back the goods before the period of 30 days has expired. Within the Federal Republic of Germany the customer bears the direct costs of returning the goods if the return label provided or retrospectively issued is not used.
Customers, returning goods from other countries, generally bear the direct cost of a return.The customer is only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
End of the cancellation notice
Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
– To: [GOONSGEAR, Zeppelinstrasse 27, 70176 Stuttgart, Germany;
I / We ( * ) hereby give notice that I / We ( * )withdraw from my / our ( * ) contract of sale of the following goods ( * ) / for the provision of the following service (*)
– Ordered on ( * ) / received on ( * )
– Name of consumer(s),
– Address of consumer(s)
– Signature of consumer(s) (only if this form is notified on paper),
( * ) Delete as appropriate.
The warranty is based on statutory regulations, unless liability is otherwise excluded or limited by these GTCs. In the case of complaints, we request that you send the proof of purchase by submitting a copy of the invoice and the corresponding product (along with a copy of the invoice) to GoonsGear GbR, Attn: Returned products, subject (invoice No.), GOONSGEAR, Gaildorferstr. 89, 74564 Crailsheim, Germany
Normal wear and tear of products shall not be considered as justifications for warranty claims. In the case of textiles the following liability limitations apply: Slight differences in colour between the product pictures and the delivered product are due to a technical nature and do not constitute a defect. If textiles are not cared for or washed as instructed liability is not assumed for resulting defects. GoonGear GbR thus place an emphasis on carefully observing the washing instructions given on the labels on the product.GoonGear GbR shall not be responsible for any arising claims due to cleaning methods deviating from the prescribed ones.
13. Applicable Law
For all disputes arising from this contract, the law of the Federal Republic of Germany shall exclusively apply excluding the UN Convention on the International Sales of Goods.
14. Concluding provision
If one of the provisions in these General Business Conditions becomes ineffective, it does not affect the validity of the remaining provisions.
15. Dispute resolution
The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be viewed under http://ec.europa.eu/consumers/odr/.
We are willing to enter into dispute resolution proceedings before the consumer arbitration board.
16. Vendor information
Gaildorfer Str. 89
Owners, Managing Director: Detlef Keller & Manuu Rückert
VAT ID No.: DE296637417