General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Fundamental provisions
(1) The following terms and conditions apply to all contracts that you enter into with us as the provider (GOUTEZ, Cornelius Ewest & Florentin Ewest GbR) via the Internet site www.goutez.eu conclude. Unless otherwise agreed, the inclusion of any terms and conditions of your own used by you is objected to. This also applies if we do not expressly object to the inclusion.
(2) "Consumer within the meaning of the following regulations is any natural person who enters into a legal transaction that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is any natural person, legal entity or partnership with legal capacity who concludes a legal transaction in the exercise of his or her independent professional or commercial activity.
§ 2 Conclusion of contract
(1) The subject of the contract is the sale of products.
(2) The presentation and advertising of items in our online shop does not constitute a binding offer to conclude a purchase contract.
(3) The purchase contract is concluded via the online shopping basket system as follows: The products intended for purchase are moved to the "shopping basket". You can select the shopping cart via the corresponding buttons in the navigation bar and make changes there at any time.
After calling up the "Checkout" page and entering the required personal data as well as the payment and shipping conditions, you will then be shown all the order information again on the order overview page.
If you have used an instant payment system (e.g. PayPal / PayPal Express, Sofort Überweisung, credit card, direct debit, Applepay, googlepay) to initiate payment, you will either be redirected to our online shop on the order overview page or redirected to the website of the instant payment provider.
When you are redirected to the instant payment system, please select and enter your details. You will then be taken back to the order overview page in the goutez.eu online shop.
Before sending the order, you have the option of checking all the details again, changing them (this is also possible using the "Back" function of the internet browser) or cancelling the purchase process. By sending an order via the online shop by clicking on the button "order subject to payment", you place a legally binding order. You are bound to the order for a period of two (2) weeks after submitting the
Your right to revoke your order, if you have one, remains unaffected.
(4) A contract is only concluded when we accept your order by means of a declaration of acceptance or by delivering the ordered items.
(5) If it is not possible to deliver the goods you have ordered, for example because the goods in question are not in stock, we shall refrain from issuing a declaration of acceptance. In this case, a contract is not concluded. We will inform you of this immediately and refund any consideration already received without delay.
(6) Requests for quotations sent to us do not bind you. We will submit a written and binding offer to you (e.g. by e-mail), which you can accept within a period of 5 days.
(7) The processing of the order and the sending of all data required for the conclusion of the contract are carried out partially automatically by e-mail. You must therefore ensure that the e-mail address you have deposited with us is correct and that the receipt of the respective e-mails is guaranteed. In particular, you must ensure that the respective e-mails are not blocked by a SPAM filter.
§ 3 Right of withdrawal
(1) If you are a consumer (i.e. a natural person who places an order for a purpose that cannot be attributed to your commercial or self-employed professional activity), you have a right of cancellation in accordance with the statutory provisions.
(2) If you, as a consumer, make use of your right of revocation in accordance with clause 1, you shall bear the costs of the return shipment.
(3) Returns must be made before the return by e-mail under mail@goutez.eu be registered. You will then receive a return form which you enclose with the package.
(4) If you cancel this contract, WE WILL IMMEDIATELY REFUND ALL PAYMENT RECEIVED, EXCLUDING SHIPPING COSTS, AS SOON AS THE GOODS ARE WRITTEN AND UNSTORED.E HAS BEEN RECEIVED BY US. THE MEANS OF PAYMENT USED FOR THE ORIGINAL TRANSACTION WILL BE USED FOR THE REPAYMENT.
If the goods are defective and/or worn, THE RETURNS WILL BE REFUSED AND RETURNED TO YOU AT YOUR COST.
§ 4 Terms of delivery and reservation of advance payment
(1) We are entitled to make partial deliveries insofar as this is reasonable for you.
(2) The delivery period is approximately five (5) working days, unless otherwise agreed. It begins - subject to the provision in para. 3 - with the conclusion of the contract.
(3) In the case of orders from customers whose place of residence or business is abroad or in the case of justified indications of a risk of non-payment, we reserve the right to deliver only after receipt of the purchase price plus shipping costs (advance payment reservation). IF USE IS MADE OF THE LATTER, YOU WILL BE INFORMED IMMEDIATELY. In this case, the delivery period begins with payment of the purchase price and shipping costs.
§ 5 Right of Retention, Retention of Title
(1) You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 6 Warranty
(1) The statutory warranty rights apply.
(2) An additional guarantee exists for the goods delivered by the supplier only,
if these are expressly stated in the order confirmation for the respective item.
was handed in.
(2) Any sales guarantees given by us for specific articles or by
the manufacturer certain articles, manufacturer's warranties shall take precedence over the
Claims due to material defects or defects of title within the meaning of para. 1. details of the
The scope of such warranties shall be determined by the terms and conditions of the
articles are enclosed, if applicable.
(3) As a consumer, you are requested to check the goods immediately upon delivery for completeness, visible defects and transport damage and to notify us and the shipping company of any complaints in writing without delay. Even if you do not comply with this request, this will not affect your statutory warranty claims.
§ 7 Liability
(1) We shall be liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions.
(2) In other cases, we shall only be liable - unless otherwise stipulated in para. 3 - in the event of a breach of a contractual obligation, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which you as the customer may regularly rely (so-called cardinal obligation), limited to compensation for the foreseeable and typical damage. In all other cases, our liability is excluded subject to the provision in para. 3.
(3) Our liability for damages arising from injury to life, limb or health and under the Product Liability Act shall remain unaffected by the above limitations and exclusions of liability.
§ 8 Choice of law, place of performance, place of jurisdiction
(1) Es gilt deutsches Recht. Diese Rechtswahl gilt gegenüber Kund:innen nur dann, wenn sie nicht zum Widerruf des durch zwingende Vorschriften des Rechts des Staates, IN DEM DER/DIE JEWEILIGE KUNDE*IN SEINEN/IHREN
gewöhnlichen Aufenthaltsort hat, gewährleisteten Schutzes führt (Profit-im-Zweifel-Prinzip).
(2) If you are not a consumer but a merchant, a legal entity under public law or a special fund under public law, our place of business shall be the place of jurisdiction and performance for all subsequent services arising from the business relationship with us. The same applies to cases in which you do not have a general place of jurisdiction in Germany or the EU, as well as to cases in which your place of residence or habitual abode is not known at the time the action is brought. The possibility of bringing an action before the court of another place of jurisdiction remains unaffected by this.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
§ 9 Copyright
We have the right to all images, films and texts that are available in our online shop.
published, copyrights. Any use of the images, films and texts,
is not permitted without our express consent.
§ 10 Severability clause
The contract shall remain in force even if individual points are legally invalid.
remaining parts shall be binding. The ineffective points shall be replaced, insofar as
existing, the statutory provisions. Insofar as this is a disadvantage for one of the
would constitute undue hardship, however, the contract shall become invalid as a whole.
II. customer information
1. identity of the seller
Cornelius Ewest & Florentin Ewest GbR
Remscheider Str. 5
40215 Düsseldorf
Germany
E-Mail: mail@goutez.eu
Alternative Dispute Resolution:
The European Commission provides a platform for the out-of-court settlement of disputes (ODR platform), which can be accessed at https://ec.europa.eu/odr.
We are not willing to participate in a dispute resolution procedure before a consumer arbitration board.
2. information on the conclusion of the contract
The technical steps of the conclusion of the contract, the conclusion of the contract itself and the possibilities of correction are carried out in accordance with the regulations "Conclusion of the Contract" of our General Terms and Conditions (Part I.).
3. contract language, storage of the contract text
3.1 The contractual language is German.
3.2 The complete text of the contract is not stored by us. Before sending the order, the contract data can be printed out via the online shopping basket system or electronically saved via the browser's print function. After receipt of the order by us, the order data, the legal obligations for distance contracts and the General Terms and Conditions will be sent to you again by e-mail.
3.3 In the case of quotation requests outside the online shopping basket system, all contractual information will be sent to you as part of a binding offer in text form, e.g. by e-mail, which you can print out or save securely electronically.
4. main characteristics of the product or service
The essential characteristics of the goods and/or services result from the respective offer.
5. prices and payment modalities
5.1 The prices stated in the respective offers represent total prices, as do the shipping costs. They include all price components including all applicable taxes.
5.2 The shipping costs incurred are not included in the purchase price. They can be viewed by clicking on the corresponding button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne additionally by you, unless free delivery has been promised.
5.3 In the case of delivery to countries outside the European Union, we may incur disproportionate additional costs such as customs duties, taxes or transfer fees (bank transfer or foreign exchange fees), which you will have to bear.
5.4 You must also bear the costs of a money transfer if the delivery is made to an EU member state but the payment is initiated outside the European Union.
5.5 The payment methods available to you will be displayed by clicking on the corresponding button on our website or disclosed in the respective offer.
5.6 Unless otherwise stated in the respective payment methods, the payment claims arising from the concluded contract are due immediately.
6. terms of delivery
6.1 You can view the delivery conditions, delivery dates and any existing delivery restrictions by clicking on the corresponding button on our website or in the respective offer.
6.2 If you are a consumer, the following is regulated by law: The risk that the item sold is accidentally destroyed or deteriorated during shipment, regardless of whether the shipment is insured or not, does not pass to you until the item is delivered. This condition does not apply.
7. legal warranty law
Liability for defects is governed by the "Warranty" provisions in our General Terms and Conditions (Part I).
last update: 09/23/2023