General Terms and Conditions of Sale
For all deliveries to the consumer (hereinafter called “Customer”)ordered via our online shop on the web site www.goufrais.ch, the following General Terms and Conditions of Insurance (GTCI) apply exclusively, provided no other agreements have been made in writing. Any deviating conditions on the part of the customer shall not become contents of the contract. This also applies if we do not expressly object to their inclusion.
1. General terms and conclusion of contract
1.1 The seller of the goods ordered via the online shop on the web site www.goufrais.ch is the company
CMF-Produkte Keller GmbH
CH - 6340 Baar
1.2 The consumer in the sense of the following regulations is each natural person, who concludes a legal transaction for a purpose which can neither be attributed to their business nor to their self-employed activity.
1.3 The language of the contract is German. The customer may save and print out the text of the contract, i.e., all contract data including these GTC, in a reproducible form from the website before sending the order. We do not store the text of the contract on our internal systems. After completion of the order, the contract data can be downloaded, saved and printed. The GTC are available on our website for viewing, printing or downloading and are also sent to the customer by e-mail with the order confirmation.
1.4 The subject matter of the contract is the sale of goods. Details, in particular the essential characteristics of the goods, can be found in the item description and the supplementary information on our website www.goufrais.de
2. Conclusion of contract
2.1 The presentation of the products in our online shop does not constitute a legally binding contract, but only an invitation to the customer to place an order.
2.2 The customer can submit an offer to buy (order) via the online shopping cart system. The goods which are to be bought are placed in the 'shopping cart'. The customer can access the 'shopping cart' via the corresponding button in the navigation bar and make changes there at any time. After pressing the 'Checkout' button and entering the personal data as well as the payment and shipping terms, all of the order data is displayed again on the order summary page. Before submitting the order, the customer has the opportunity to check and change all details again (also using the 'back' function of the Internet browser) or to cancel the purchase. By submitting the order via the button 'Order with liability to pay costs' at the end of the ordering process, the customer submits a legally binding contract to us.
2.3 We shall confirm receipt of the order immediately by sending an e-mail to the customer (order confirmation). This order confirmation does not represent an acceptance of the customer's offer, but is only intended to inform the customer that the order has been received by us.
2.4 A contract is only concluded with the customer when we confirm the acceptance of the customer's offer with a second e-mail to the customer (order confirmation).
2.5 Please note that in each case, the minimum order value for the delivery of goods is 60.00 CHF.
3. Prices and shipping costs
3.1 Our prices stated on the product pages are inclusive of packaging, value added tax at the statutory rate plus the shipping costs stated in point 4.3. The shipping costs are stated in the price information in our online shop. The total price including shipping costs is also displayed in the shopping cart and in the order overview at the end of the ordering process before the customer sends the order by pressing the button 'Order with liability to pay costs'.
4.1 The delivery will be made to the delivery address agreed with the customer.
4.2 The estimated delivery times are depending on the corresponding product. In our on-line shop the availability of each product will be displayed by symbols and corresponding explanations. The given data are approximate. The delivery time is approx. 3 - 5 working days, unless stated otherwise. The delivery period begins with the sending of the order confirmation. If the customer is obliged to pay in advance (credit card, PayPal, transfer) the delivery time commences, at the earliest, upon receipt of full payment.
4.3 The amount of additionally incurring shipment costs
Shipment costs to Switzerland and Liechtenstein 7,50 CHF (up to 30 kg)
4.4 If a product cannot be delivered or is temporarily not available in spite of previous conclusion of a corresponding procurement agreement (congruent hedging transaction) due to missing delivery by our sub-supplier, we will inform the customer about this immediately after the order as well as at regular intervals later on. Until the sub-supplier delivers the necessary products / materials to us, we will be exempted from the service obligation and can withdraw from the contract in case of non-availability. This does not apply if we are responsible for the non-delivery of the sub-supplier. If we would like to withdraw, we will exercise the right of withdrawal immediately. In case of withdrawal, we will immediately reimburse the amounts which have already been paid on the purchase price.
5.1 The customer can choose between the payment methods of credit card, direct debit, payment in advance, invoice and PayPal. Payments shall only be deemed made if we can freely dispose of them at our bank.
5.2 If the customer chooses to pay by PayPal, the settlement occurs exclusively via PayPal (Europe) S.à.r.l. et Cie, S.C.A. – hereinafter called PayPal. For the payment process by PayPal please refer to the General Terms and Conditions of PayPal. In order to be able to use this payment method, the customer first needs to register with PayPal. The bank or credit card information of the customer stored there will not be transferred to us upon completion of the payment. A credit note will also be issued via PayPal in case of a justified return. Any information regarding the PayPal buyer protection can be found on the website www.paypal.com/de/mpp/sicherheit. As soon as we have posted the incoming payment, the delivery will be dispatched. It often takes only a few minutes until a payment by PayPal is being received by us.
5.3 If the customer is in default of payment, we are entitled to demand statutory default interests.
5.4 The customer shall only be entitled to offset our claims against a counterclaim to the extent that the counterclaim is undisputed or has been legally established. The customer is otherwise only entitled to exercise a right of retention to the extent that the counterclaim is based on the same contractual relationship.
6. Retention of title
The delivered goods remain our property until the invoice amount including all additional costs has been paid in full.
7. Material defects and defects of title
If there are material defects and defects of title upon the delivery of goods, the customer shall be entitled to all existing rights in accordance with the legal regulations provided that we owe contractual damages due to a defect only subject to the provisions of paragraph 8.
8.1 We shall be liable to the customer in cases of intent and gross negligence in accordance with the statutory provisions. In all other cases we shall only be liable - unless this is otherwise provided for in point 8.2 - in the event of a breach of a contractual obligation, the fulfilment of which is essential for the proper execution of the contract and where the customer may regularly rely on the observance of the contract (so-called cardinal obligation). This is limited to compensation for foreseeable and typical damage. In all other cases our liability is excluded subject to the provision in point 8.2.
8.2 The above limitations of liability do not affect customer claims due to mortal danger, physical injury, risks to health, in case of fraudulent disclosure of defects claims arising from the assumption of a contractual guarantee, nor claims made by the customer under the Product Liability Act. The aforementioned liability limitations and exclusions also apply in favour of our legal representatives, employees and vicarious agents.
9. Storage of data
We collect data from the customer within the context of the processing of contracts and take all necessary measures to protect the personal data provided by the customer. We comply with the applicable national and European data protection regulations at all times. For further information, please refer to the data protection statement on our homepage.
Dated: October 2021