General Terms and Conditions of Sale and obligatory distance selling information
The following General Terms and Conditions of sale shall exclusively apply to all deliveries to consumers as defined in para 1.2 below (hereinafter referred to as the 'Customer') ordered via our online shop on the Internet site www.goufrais.ch, unless otherwise agreed in writing. We do not accept deviating conditions on the part of the Customer. This also applies if we do not expressly object to their inclusion.
1. Basic provisions and conclusion of contract
1.1 Seller of the goods ordered via the online shop on the website www.goufrais.ch is
CMF-Produkte Keller GmbH
CH - 6340 Baar
1.2 Customer, in the sense of the following regulations, is any natural person who concludes a legal transaction for a purpose which cannot be attributed to their commercial or self-employed professional activity.
1.3 The language of the contract is German. Customer may save and print out the text of the contract, i.e. all contract data including these GTCS, 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 GTCS are available on our website for viewing, printing or downloading and are also sent to 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.ch.
2. Conclusion of contract
2.1 The presentation of the products in our online shop does not constitute a legally binding contract offer, but only an invitation to Customer to place an order.
2.2 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 at my costs' at the end of the ordering process, Customer submits a legally binding contract to us.
2.3 We shall confirm receipt of the order immediately by sending an e-mail to Customer (order confirmation). This order confirmation does not represent an acceptance of Customer's offer but is only intended to inform the customer that the order has been received by us.
2.4 Customer shall be bound by the order for a period of seven (7) days after the submission of the order; Customer's right to revoke the order, if applicable (see Item 3 of these General Terms and Conditions of Sale - Cancellation Policy link), shall remain unaffected.
2.5 A contract is only concluded with Customer when we confirm the acceptance of Customer's offer with a second e-mail to Customer (order confirmation).
2.6. Please note that in each case, the minimum order value for the delivery of goods is 60.00 CHF.
3. Right of revocation and revocation instruction for Customers
Customer (i.e. a natural person who places the order for a purpose that cannot be attributed to their commercial or independent professional activity) are entitled to a right of revocation in accordance with statutory provisions. We will inform Customer about this in a separate revocation instruction (>Revocation Instruction). We will provide Customer with a corresponding model revocation form, which Customer can use optionally (>Sample Revocation Form)
4. Prices and shipping costs, refund of payments after revocation
4.1 Our prices stated on the product pages are inclusive of packaging, value added tax at the statutory rate plus the shipping costs stated in Item 5.3. 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 Customer sends the order by pressing the button 'Order at my costs'.
4.2 If Customer has effectively revoked the declaration of the contract (see Item 3 of these General Terms and Conditions of Sale and our separate (right of) Withdrawal Instruction, we shall reimburse Customer for all payments we have received from them, including shipping costs (with the exception of additional costs resulting from the fact that Customer has chosen a different type of delivery than the cheapest standard delivery offered by us), without delay and latest within fourteen days from the day on which we receive notification of the revocation of Customer's declaration of contract. We may refuse to make a refund until we have received the goods back or until Customer has provided proof that they have returned the goods, whichever is the earlier (see our separate Cancellation Policy for other consequences of a revocation).
5.1 Unless agreed otherwise, delivery is made to the delivery address provided by Customer.
5.2 The delivery time is approx. 3 - 5 working days, unless stated otherwise. We point out possibly deviating delivery times on the respective product page. The delivery period begins with the dispatch of the order confirmation.
5.3 The amount of additional shipping costs Shipping costs within Switzerland and Liechtenstein 7.50 CHF (up to 30 KG)
6.1 For all orders Customer needs to pay the total amount in cash in advance before shipping. Payments shall only be deemed made if we can freely dispose of them at our bank.
6.2 If Customer is in default of payment, we are entitled to charge interest on arrears at a rate of 5 percentage points above the base interest rate. If we can prove that we have incurred higher damages due to the default, we shall be entitled to claim these.
6.3 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. Customer is otherwise only entitled to exercise a right of retention to the extent that the counterclaim is based on the same contractual relationship.
7. Retention of title
The delivered goods remain our property until the invoice amount including all additional costs has been paid in full.
8. Material defects and defects of title
If there is a material defect or a defect in title upon delivery of goods, Customer shall be entitled to all applicable rights according to statutory provisions.
9.1. We shall be liable to Customer in cases of intent and gross negligence in accordance with the statutory provisions. In other cases, we shall only be liable - unless this is otherwise provided for in Item 9.2 - 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 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 of Item 9.2.
9.2. The above limitations of liability do not affect Customer claims due to injury of life and limb, risks to health, 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.
10. Storage of data
We collect Customer data from within the context of processing contracts and take all necessary measures to protect the personal data provided by Customer. We comply with applicable national and European data protection regulations at all times. For further information, please refer to the data privacy statement on our homepage.
11. Choice of jurisdiction
German law shall apply excluding of the UN Convention on Contracts for the International Sale of Goods of 11.04.1980. This choice of jurisdiction only applies to Customers insofar as it does not deprive them of the protection granted to them by the mandatory provisions of the law of the state in which Customer has their habitual residence.
12. Extrajudicial online dispute resolution procedure
This is where you find the link to the EU Commission's online platform for out-of-court online dispute resolution (the so-called OS platform): http://ec.europa.eu/consumers/odr/
Date: March 2021