Terms and Conditions
Terms and Conditions
General terms and conditions for purchases via www.goatsmoke.com
§1 General Provisions, Scope of Application of the Terms and Conditions
§2 Conclusion of contract, formation of the contract
§3 Storage of the contract text
§4 Cancellation Policy
§5 Sample Cancellation Form
§6 Prices and Shipping Costs
§7 Delivery Terms
§8 Payment Terms
§9 Warranty
§10 Liability for damages and reimbursement of expenses
§11 Customer Service
§12 Legal system, place of jurisdiction
§13 Miscellaneous
§1 General Provisions, Scope of Application of the Terms and Conditions
1.1 All deliveries and services are provided exclusively on the basis of the following General Terms and Conditions (hereinafter referred to as "GTC") in their version valid at the time of the order.
1.2 The contracting party is GDV-German Design Variations GmbH; Managing Director: Georg Kneißl, Zankeltrad 9 D-92693 Eslarn, Tel.: 0963/6579890, E-Mail: info@goatsmoke.de; Commercial Register: Weiden in der Oberpfalz, HRB 5813; VAT ID: DE353949239 (hereinafter referred to as "Seller").
1.3 For the purposes of these terms and conditions, a customer can be either a consumer or a business (hereinafter referred to as "Customer"). A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity. A business, for the purposes of these terms and conditions, is any natural or legal person or partnership with legal capacity that, when concluding a contract with the seller, is acting in the course of their commercial or independent professional activity.
§2 Conclusion of contract, formation of the contract
2.1 Our offer is binding. By placing your order, you are submitting a binding offer to us to conclude a contract with you. The contract is concluded upon dispatch of your order to us. You will receive an order confirmation by email.
2.2 Once you have found the desired product, you can view it in detail by clicking on the product photo or the product name. You can add the item to your shopping cart by clicking the [Add to Cart] button. You can view the contents of your shopping cart at any time by clicking the [Shopping Cart] or [Checkout] button. You can remove products from your shopping cart by clicking the red [Delete] icon or the green [Update] icon. If you wish to purchase the products in your shopping cart, click the [Proceed to Step 2] button.
The ordering process consists of five steps. In the first step, you can review and edit the contents of your shopping cart. In the second step, if this is your first purchase, you can optionally create a customer account and enter your personal details and address. If you already have a customer account, log in here under "I already have an account" using your login details. Alternatively, you can enter your information without it being permanently saved. In this case, select "Continue order without a personal account" and click [proceed to step 3]. In the third step, you enter your billing address and, if applicable, a different shipping address. In the fourth step, you select your payment method and shipping option. In the final step, under "Submit order," you will receive an overview of your order details and can review, delete, or change all information, including the shipping and billing addresses, under [Edit details]. You can also correct input errors by navigating back in your browser or by canceling the order process and starting over. To complete your purchase, you must accept our Terms and Conditions and click the [Submit order] button. By doing this, you send the order to us and the contract is concluded.
§3 Storage of the contract text
We save your order and the order details you entered. We will send you an order confirmation by email, followed by an order confirmation with all the order details. You also have the option to print both the order and the terms and conditions before submitting the order to us. Finally, you can access your order history at any time via your customer account.
§4 Right of withdrawal for consumers
The following right of withdrawal applies only to consumers:
Cancellation policy
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.
You can return unused items within 14 days of receipt. Please understand that we cannot accept returns of items that have already been used or opened.
To exercise your right of withdrawal, you must inform us (GDV-German Design Variations GmbH; Managing Director: Georg Kneißl, Zankeltrad 9, D-92693 Eslarn, Tel.: +49 963 6579890, Email: info@goatsmoke.de; Commercial Register: Weiden in der Oberpfalz, HRB 5813; VAT ID: DE353949239) of your decision to withdraw from this contract by means of an unequivocal statement (e.g. a letter sent by post or email). You may use the attached model withdrawal form, but it is not obligatory.
To meet the cancellation deadline, it is sufficient that you send your notification of exercising your right of cancellation before the cancellation period expires.
Consequences of the revocation
If you withdraw from this contract, we will reimburse all payments received from you, including delivery costs (excluding any additional costs incurred if you chose a delivery method other than our cheapest standard delivery option), without undue delay and no later than fourteen days from the day on which we received your notification of withdrawal. For this reimbursement, we will use the same payment method that you used for the original transaction, unless expressly agreed otherwise; in no case will you be charged any fees as a result of this reimbursement.
We may refuse reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You must return or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you notify us of your withdrawal from this contract. The deadline is met if you send the goods before the fourteen-day period has expired. You bear the direct costs of returning the goods.
You are only liable for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing their condition, properties and functionality.
§5 Sample Cancellation Form
(If you wish to cancel the contract, please fill out this form and return it.)
To:
GDV-German Design Variations GmbH
Zankeltrad 9
D-92693 Eslarn
Tel.: 09653 / 657989-0
Email: info@goatsmoke.de
I/We (*) hereby revoke the contract concluded by me/us (*) for the purchase
the following goods (*)/the provision of the following service (*)
Ordered on (*)/received on (*)
Name of consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only for notifications on paper)
Date
(*) Delete as appropriate.
§6 Prices and Shipping Costs
6.1 All prices include statutory VAT plus shipping costs.
6.2 The shipping costs are listed in the information provided for each offer. The stated shipping costs refer to the value of the goods before any credits or vouchers are deducted. The redemption of vouchers of any kind does not affect the calculation of the flat-rate shipping costs.
6.3 For shipments abroad, additional customs duties may apply, which will be collected directly from you by the relevant customs authorities. For deliveries to non-EU countries, we declare the shipment with a description of the contents and their value. Any applicable customs duties and import fees are to be borne by the recipient. The customer is responsible for complying with national import regulations for the respective products. We assume no responsibility for the conformity of our products with national guidelines and regulations outside the EU.
§7 Delivery Terms
7.1 We ship via DHL or another carrier of our choice. We ship exclusively to the countries listed in section 7.2.
7.2 We deliver within Germany and to the following countries: Austria, Switzerland, Spain, Liechtenstein, Finland, France, Greece, Cyprus, Belgium, Denmark, Great Britain, Ireland, Italy, Luxembourg, Malta, Monaco, Netherlands, Poland, Portugal, Romania, San Marino, Sweden, Slovakia, Slovenia, Czech Republic, Hungary, Bulgaria, Estonia, Latvia, Lithuania, Croatia, Norway, Turkey.
7.3 Unless otherwise stated in the offer, goods will be dispatched within 2 working days of receipt of payment. For deliveries on account, goods will be dispatched within 5 working days of delivery of the order confirmation, unless otherwise stated in the offer.
7.4 If GDV-German Design Variations GmbH is unable to deliver the ordered goods through no fault of its own because our supplier fails to fulfill its contractual obligations, we are entitled to withdraw from the contract. In this case, the customer will be informed immediately that the ordered product is unavailable. The customer's statutory rights remain unaffected. Any purchase price already paid will be refunded immediately.
7.5 Our offer is exclusively for adults. Customers under 18 years of age are not permitted to order any items from us. Delivery and handover of goods will only be made to adults.
§8 Payment Terms
8.1 Payment can be made by instant bank transfer, PayPal, prepayment, direct debit, invoice, installment payment, credit card, or cash on delivery. We reserve the right to exclude certain payment methods.
8.2 Payments are only due after you have sent your order to us. For advance payment, we will send you our bank details with our order confirmation via email so that you can make the payment. For direct debit, invoice, installment payment, and credit card, your account will be debited upon shipment of the goods. For instant bank transfer and PayPal, you will be redirected directly from the order process to the payment pages of the respective payment provider and will make the transfer yourself.
8.3 In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is made to Klarna in each case:
- Invoice: The payment term is 14 days from the date of dispatch of the goods/ticket or, in the case of other services, from the date the service is made available. The complete invoice terms and conditions for the countries where this payment method is available can be found here: Germany, Austria.
- Installment purchase: With Klarna's financing service, you can pay for your purchase in fixed or flexible monthly installments according to the terms and conditions specified at checkout. Installment payments are due at the end of each month after Klarna sends you a monthly statement. Further information about installment purchases, including the terms and conditions and the European Standard Information for Consumer Credit for the countries where this payment method is available, can be found here (available only in the specified countries): Germany, Austria.
- Instant delivery: Available in Germany and Austria. Your account will be charged immediately after placing your order.
- Direct debit: Available in Germany and Austria. The amount will be debited after the goods have been shipped. You will be notified of the exact date by email.
The use of payment methods such as invoice, installment purchase, and direct debit requires a positive credit check. Therefore, as part of the purchase initiation and processing of the purchase agreement, we forward your data to Klarna for address and credit verification. Please understand that we can only offer you the payment methods that are permitted based on the results of the credit check. You can find further information and Klarna's terms of use here. General information about Klarna is available here. Your personal data will be processed by Klarna in accordance with applicable data protection regulations and as described in Klarna's privacy policy.
§9 Warranty
9.1 If you are a consumer and place the order with us for a purpose that cannot be attributed to your commercial or professional activity, the warranty is governed by the statutory provisions.
9.2 If you place your order with us as a business, the following applies:
9.2.1 Delivered goods must be inspected by the customer immediately upon delivery, insofar as this is feasible in the ordinary course of business – but no later than 7 days thereafter. If a defect is discovered, we must be notified immediately. If the customer fails to give notice, the goods are deemed approved, unless the defect was not discoverable upon inspection. If such a defect becomes apparent later, notice must be given immediately upon discovery; otherwise, the goods are also deemed approved with respect to this defect. Section 377 of the German Commercial Code (HGB) remains unaffected. The customer is not relieved of their duty to inspect the goods even in the event of recourse by the supplier under Section 478 of the German Civil Code (BGB). If, in such cases, the customer fails to immediately notify us of a defect claimed by their customer, the goods are also deemed approved with respect to this defect.
9.2.2 If a defect exists, we are entitled to determine the type of remedy, taking into account the nature of the defect and the legitimate interests of the customer. For these contracts, a remedy is deemed to have failed after the third unsuccessful attempt. This clause does not apply in the case of recourse under Section 478 of the German Civil Code (BGB).
9.2.3 In the event of subsequent performance due to defects, we are only obligated to bear the necessary expenses, in particular transport, travel, labor, and material costs, to the extent that these costs are not increased by the fact that the goods were moved to a location other than the customer's registered office or place of business to which they were originally delivered. This clause does not apply in the case of recourse under Section 478 of the German Civil Code (BGB).
9.2.4 The customer's warranty claims, including claims for damages, expire after one year. This does not apply in the case of recourse under Section 478 of the German Civil Code (BGB), nor does it apply in the cases of Sections 438 Paragraph 1 No. 2 and 634a Paragraph 1 No. 2 of the German Civil Code (BGB). This also does not apply to claims for damages due to injury to life, body, or health, or due to gross negligence or willful misconduct on the part of us or our agents.
§10 Liability for damages and reimbursement of expenses
10.1 If you are a consumer and place the order with us for a purpose that cannot be attributed to either your commercial or professional activity, we are liable for damages in accordance with the statutory provisions.
10.2 If you place your order with us as an entrepreneur, the following applies in the event of our contractual liability for damages in accordance with clauses 10.2 to 10.8:
10.2.1 If the claims are based on an intentional breach of duty by us, our representatives, or our agents, we are liable for damages in accordance with statutory provisions. If the claims are based on a grossly negligent breach of duty by us, our representatives, or agents, liability is limited to the foreseeable, typically occurring damage.
10.2.2 If we or our representatives or agents have culpably breached an obligation whose fulfillment is essential for the proper execution of the contract, whose breach jeopardizes the achievement of the purpose of the contract and on whose compliance the customer regularly relies - and no case of liability exists under the statutory provisions - liability is limited to the foreseeable, typically occurring damage.
10.2.3 Unless otherwise stipulated in sections 10.2.1 and 10.2.2, our liability for damages is excluded. The same applies to any recourse claims asserted against us as suppliers pursuant to § 478 of the German Civil Code (BGB).
10.3 The exclusions and limitations of liability under clause 10.2 also apply to other claims, in particular tort claims or claims for compensation for wasted expenses instead of performance.
10.4 The exclusions and limitations of liability under clause 10.2 do not apply to any claims that may exist under Sections 1 and 4 of the Product Liability Act or for culpable injury to life, body, or health. They also do not apply to the extent that we have assumed a guarantee for the quality of our goods, a specific performance outcome, or a procurement risk, and the guaranteed event has occurred or the procurement risk has materialized.
10.5 We shall only be liable for assuming a procurement risk if we have expressly assumed the procurement risk in writing.
10.6 Unless the limitation of liability pursuant to clause 10.2 applies to claims arising from product liability pursuant to Section 823 of the German Civil Code (BGB), our liability is limited to the compensation provided by our insurance. If this compensation is not provided or is incomplete, we are liable up to the amount of the insurance coverage. This clause does not apply in cases of culpable injury to life, body, or health.
10.7 To the extent that our liability is excluded or limited, this also applies to the personal liability of our employees, workers, staff, representatives and agents.
10.8 The above provisions do not entail a reversal of the burden of proof.
§11 Customer Service
For questions, complaints, or claims, please contact us. You can reach us by phone Monday to Friday from 9:00 AM to 4:00 PM at +49 9653 657989-0 or by email at info@goatsmoke.de.
§12 Legal system, place of jurisdiction
12.1 German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
12.2 For consumers, this choice of law applies only to the extent that it does not deprive them of mandatory provisions of the law of the state in which they have their habitual residence.
12.3 For all disputes arising from the contractual relationship, if the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction shall be the registered office of our company in Weiden in der Oberpfalz.
§13 Miscellaneous
13.1 The contract languages are German and English.
13.2 If one or more provisions of these Terms and Conditions are invalid, the remainder of the contract shall remain in effect. To the extent that provisions are invalid, the content of the contract shall be governed by the applicable statutory regulations.
13.3 We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.