Terms and Conditions

General Terms and Conditions                                                                      09.12.2024

Overview:

§ 1 Scope and Provider

§ 2 Conclusion of Contract

§ 3 Prices

§ 4 Shipping Costs

§ 5 Terms of Delivery

§ 6 Terms of Payment

§ 7 Retention of Title

§ 8 Right of Revocation

§ 9 Transport Damage

§ 10 Warranty

§ 11 Limitation of Liability

§12 Applicable Law

§ 13 Final provisions

§ 1 Scope of Application and Provider
These General Terms and Conditions apply to all orders placed by consumers (§ 13 BGB) via the online shop (www.gmk.net/shop) of GMK electronic design GmbH, Daimlerstraße 8, 92533 Wernberg-Köblitz, Managing Directors: Christoph Kredler and Manfred Güntner, District Court of Amberg HRB 1637. A consumer is any natural person who enters into a legal transaction for a purpose that cannot be attributed to either his commercial or self-employed professional activity.

§ 2 Conclusion of the contract
§ 2.1 The language of the contract is German. Translations of these GTC to other languages are for information only. In the event of contradictions between the German text and the translations, the German text shall prevail. The terms and conditions of the contract with details of the ordered goods and/or booked services, including these general terms and conditions and the right to withdrawal, will be sent to you by e-mail with acceptance of the contract offer or with notification thereof. We do not store the contractual provisions for you.

§ 2.2 The product presentations in the online shop does constitute an invitation to place orders. By clicking the button [ORDER WITH OBLIGATION TO PAY] you submit a binding purchase offer. Before submitting the binding purchase offer, you have the opportunity to correct any input errors under the item "Check and Order". If you still notice input errors after the binding submission of the purchase offer, you are welcome to inform us of the changes via the contact form. We will then make the appropriate changes if possible.

§ 2.3 We may accept your order by sending a separate order confirmation by e-mail or by delivering the goods within two days. The confirmation of receipt of the order will be made by automated e-mail immediately after the order has been sent and does not yet constitute acceptance of the offer.

§ 3 Prices
The prices stated on the product pages include VAT and other price components and do not include shipping costs.

§ 4 Shipping costs
§ 4.1 For delivery within Germany we charge the following shipping costs:

Prices incl. 19% VAT.

§ 4.2 For delivery outside Germany, we charge the following shipping costs:

Prices incl. 19% VAT.

§ 5 Terms of Delivery and Reservation of Self-Delivery

§ 5.1 Delivery is made by DHL and DHL Express.

§ 5.2 The delivery time is 2-10 days, unless otherwise stated in the offer.

§ 5.3 If not all ordered products are in stock, we are entitled to partial deliveries at our expense, insofar as this is reasonable for you.

§ 5.4 If the delivery of the goods fails due to your fault despite three delivery attempts, we can withdraw from the contract. Any payments made will be refunded to you immediately.

§ 5.5 If the ordered product is not available because we have not been supplied with this product by our suppliers through no fault of our own, we can withdraw from the contract. In this case, we will inform you immediately and, if necessary, suggest the delivery of a comparable product. If no comparable product is available or you do not wish to receive a comparable product delivered, we will reimburse you immediately for any payments already made.

§ 6 Terms of Payment

§ 6.1 Payment can be made either by credit card or PayPal.

§ 6.2 If you choose to pay in advance, we will provide you with our bank details in the order confirmation. The invoice amount must be transferred to our account within 10 days. If you pay by credit card, your account will be debited when the goods are dispatched.

§ 6.3 If you are in default of payment, interest shall be payable on the purchase price at the rate of 5 percentage points above the base interest rate during the delay. We reserve the right to prove and claim higher damages caused by default.

§ 7 Retention of Title
The goods remain our property until full payment has been made. Before the transfer of ownership, pledge, transfer of title, processing or redesign is not permitted without our consent.

§ 8 Right of Withdrawal

§ 8.1 Consumers have a fourteen-day right of withdrawal.

The right of withdrawal does not apply to the delivery of goods ordered via the individual product configurator. Compared to the standard products, these products are manufactured according to the personal needs and individual selection of the customer. These products are not prefabricated. Due to the above-mentioned characteristics, we have to explicitly exclude the right of withdrawal for these products.

§8.2 Information on the right of Withdrawal

Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. To exercise the right of withdrawal, you must inform us GMK electronic design GmbH, Daimlerstraße 8, 92533 Wernberg-Köblitz, Tel.: 09604 90 92 199, Fax: 09604 90 92 18, Email: shop@gmk.net of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or email). You may use the attached model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to sent your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

EFFECTS OF WITHDRAWAL

If you withdraw from this contract, we shall reimburse to you all payments received from you, 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 your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earlier.

You must return or hand over the goods to GMK electronic design GmbH, Daimlerstraße 8, 92533 Wernberg-Köblitz without undue delay and in any case no later than fourteen days from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the fourteen-day period.

You will have to bear the direct costs of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristic and functioning of the goods. 

Model withdrawal form

Complete and return this form only if you wish to withdraw from the contract

To:

GMK electronic design GmbH

Daimlerstraße 8

92533 Wernberg-Köblitz

eMail: shop@gmk.net

Fax: +49 9604 90 9218

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 (*); Please describe goods/services precisely so it is possible to identify to which goods or services withdrawal refers. 

______________________________________________________

______________________________________________________

______________________________________________________

Ordered on (*) _____________ / received on (*) _____________

Name of consumer(s)_______________________________________________________

Address of the consumer(s) ________________________________________________________

Signature of the consumer(s) (only if notified on paper) __________________________________

Date____________________________________________

(*) complete as appropriate 

§ 8.3 Please avoid damage and contamination. If possible, please return the goods to us in their original packaging with all accessories and packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please provide adequate protection against transport damage with suitable packaging to avoid claims for damage due to defective packaging.

§ 8.4 Please note that the modalities mentioned in Clause 8.3 are not a prerequisite for the effective exercise of the right of withdrawal.

§ 9 Transport damage

§ 9.1 If goods are delivered with obvious transport damage, please complain about such errors immediately to the delivery person and contact us as soon as possible (Tel.: 09604 90 92 199, Email: shop@gmk.net)

§ 9.2 Failure to make a complaint or to make contact to us has no consequences for your statutory warranty rights. However, they help us to assert our own claims against the carrier or the transport insurance.

§ 10 Warranty
The statutory warranty rights exist for the articles offered in our shop.

§ 11 Limitation of Liability

We are liable for intent and gross negligence. Further, we are liable for the negligent breach of obligations, whose fulfilment is essential to enable the ordinary implementation of the contract, whose breach jeopardizes the achievement of the purpose of the contract and on whose compliance you as a customer may rely on regularly. In the last-mentioned case, we are only liable for the foreseeable, typical contractual damage. The same applies to breaches of duty by our vicarious agents. The abovementioned exclusions of liability do not apply in case of damage of life, body and health. The liability pursuant to the product liability law remains unaffected.

§12 Applicable Law

The law of the Federal Republic of Germany shall apply excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG), if your abode is in Germany, or your abode is situated in a state not being member of the European Union. In the event that your abode is in a member state of the European Union, German law applies provided this stipulation is not in conflict with mandatory rules of the state in which your abode is situated. Such rules shall remain unaffected.

If, on conclusion of this contract, you had your place of residence or habitual place of abode in Germany and you relocated it to a location outside Germany at the time of commencement of proceedings by us or if your place of residence or habitual place of abode is unknown at this time, the jurisdiction for all disputes shall be the seat of our company in Wernberg-Köblitz.

The European Commission provides  a platform for online dispute resolution (ODR) at http//ec.europa.eu/consumers/odr/. We are not obligated and not willing to participate in dispute resolution proceedings

§ 13 Final provisions
Should individual provisions of this contract be invalid, this shall not affect the validity of this contract as a whole. The relevant statutory provisions shall apply instead of the invalid provision.