1. General, clientele, language
This online shop is operated and provided by:
Gaya Entertainment GmbH
Hausinger Strasse 8
The following text constitutes our general terms and conditions. By using this website, you agree to abide to these general terms and conditions.
(1) All offers, contracts of purchase, deliveries and services due to orders by our customers (hereinafter customers) through our online shop [eumerch.bethesda.net] (hereinafter the “online shop”) are subject to these general terms and conditions.
(2) The products in our online shop are directed equally toward consumers and businesspersons, but only toward end users. For the purposes of these general terms and conditions, (i) a “consumer” is any natural person who concludes the contract for a purpose which cannot be attributed to either their commercial or their self-employed occupation (§ 13 of the German Civil Code – BGB) and (ii) a “businessperson” is a natural or legal person or an incorporated partnership who concludes the contract in the practice of their commercial or self-employed occupation (§ 14 Para. 1 BGB).
(3) The customer’s terms and conditions do not apply, even if we do not separately object to their validity in individual cases.
(4) Contracts with customers are concluded only in German or English, depending on whether the customer places the order through the German or English language site of the online shop. If the customer places the order through our German-language website, the German version of these general terms and conditions is therefore exclusively applicable. If the order is placed through our English-language website, the English version of these general terms and conditions is exclusively applicable.
2. Conclusion of contract
(1) Our offers in the online shop are not binding.
(2) By placing an order in the online shop, the customer makes a binding offer for the purchase of the product in question. We can accept the offer up to the conclusion of the third business day following the day of the offer.
(3) Following receipt of the offer, we will promptly send the customer confirmation of the receipt, which does not represent acceptance of the offer. The offer is only considered as accepted by us once we declare acceptance to the customer (by e-mail) or ship the goods. The sale contract with the customer only becomes binding with our acceptance.
3. Consumer’s right of revocation
In principle, in the conclusion of a long distance transaction, consumers have a legal right of revocation, about which the provider supplies information below in compliance with the legal model:
Right of revocation
You have the right to cancel this contract within fourteen days without providing a reason. The revocation period is fourteen days from the day on which you, or a third party appointed by you who is not the carrier, take(s) possession of the goods. In order to exercise your right of revocation, you must inform us
Gaya Entertainment GmbH
Hausinger Strasse 8
of your decision to cancel this contract with a clear declaration (e.g. letter sent by mail, fax, or e-mail). You may use the included revocation form; however, this is not required. To comply with the revocation deadline, it is sufficient to send the notice of your exercise of the right of revocation before the expiration of the revocation deadline.
Consequences of revocation
If you revoke this contract, we are obligated to refund all payments which we have received from you, including delivery costs (with the exception of additional costs arising from your selection of a method of delivery other than the low-priced, standard delivery we offer), promptly and within no more than fourteen days from the day on which we received the notice of your revocation of this contract. For this refund, we will use the same method of payment which you used in the original transaction, unless expressly mutually agreed otherwise; under no circumstances will you be charged fees due to this refund. We can refuse the refund until we have received the goods or until you provide proof that you sent the goods back, depending on which is earlier. You must return or hand over the goods to us, in any case no more than fourteen days from the day on which you informed us of the revocation of the contract. The deadline is met if you send the goods before the expiration of the fourteen day deadline. You bear the immediate costs for the return of the goods. You only bear the cost of any loss of value of the goods if this loss of value can be traced back to any handling by you which is not necessary for the examination of the quality, characteristics and function of the goods.
You can find the revocation form here: Revocation Form
4. Prices and payment
(1) Our prices include the legal value added tax, but not the shipping costs. (2) Unless otherwise expressly agreed, we deliver only upon prepayment (method given in the online shop on the order form) or cash on delivery, against an invoice in either case.
(3) The customer has no right of offset or detention, unless the counterclaim is uncontested or determined to be legally binding.
5. Shipping of goods
(1) Deadlines and dates for the shipping of goods provided by us are only approximate and may therefore be exceeded by up to two business days. This does not apply if a fixed shipping date has been stipulated.
(2) All delivery deadlines provided by us on order, or otherwise agreed to, begin (a) on the day of receipt of the full purchase price (including value added tax and shipping costs) if delivery upon prepayment is agreed upon, or (b) on the day of the conclusion of the sale contract, if payment by cash on delivery or by invoice is agreed upon.
(3) For compliance with the shipping deadline, only the day on which we transfer the goods to the shipping company is relevant.
(4) Even when goods are listed as “in stock” on the order form, we are authorized to sell those goods at any time if a) there is a note indicating only limited availability of the goods on the order form or b) the delivery is upon prepayment and we do not receive the payment within a period of five business days after our acceptance of the offer.
In these cases, the shipment will be made before the agreed or stipulated deadline as long as supplies last.
(5) If no delivery deadline is given or otherwise agreed to, or we are no longer obligated to meet the agreed delivery deadline due to permitted sales in accordance with Paragraph 4, shipment within three weeks from the relevant point in time in accordance with Paragraph 1 is considered to be agreed upon.
(6) In the event that our supplier cannot deliver in a timely manner goods listed on the order form as “not in stock” or which were sold in accordance with Paragraph 4, the delivery deadline in accordance with Paragraph 4 will extend until delivery by our supplier plus a period of three business days, but no more than a maximum of three weeks, provided we are not responsible for the delay in delivery by our supplier and reordered the goods promptly.
(7) If the goods are not deliverable, or not deliverable on time, for one of the reasons given in Paragraph 6, we will inform the customer of this promptly. If the goods will not be available from our supplier in a foreseeable period, we are authorized to cancel the contract. In the event of a cancellation, we will promptly refund to the customer any payments made to us. The legal rights of the customer due to delay in delivery are not affected by the previous provision, while the customer can only claim damages in accordance with the special stipulation of Section 9 of these general terms and conditions.
6. Shipping, insurance and passing of risk
(1) Unless otherwise expressly agreed, we will determine the appropriate method of shipment and the logistics company at our reasonable discretion.
(2) If the customer is a consumer, the risk of accidental destruction, accidental damage or accidental loss of the delivered goods passes to the customer at the moment when the goods are delivered to the customer or the customer enters default of acceptance. In all other cases, the risk passes to the customer with the delivery of the goods to the logistics company.
7. Retention of title
(1) We retain title to the delivered goods until the full payment of the purchase price (including value added tax and shipping costs) of the goods in question.
(2) The customer is not authorized to resell goods delivered by us and to which we retain title without our prior written agreement.
(1) If the delivered goods have a material defect, the customer can demand the remediation of the defect of delivery of goods free of defect in the first instance. However, if the customer is a businessperson, we can choose between the remediation of the defect or delivery of goods free of defect; this can only take place through notification of the customer in writing (also by fax or e-mail) within three business days after arrival of the notification of the defect. We can refuse the type of remedy chosen by the customer if this is only possible with unreasonable costs.
(2) If the remediation in accordance with Para. 8 (1) fails or is unacceptable to the customer, or we refuse the remediation, the customer is authorized to withdraw from the sales contract, to reduce the sale price, or to demand damages or replacement in accordance with the stipulations of the respective applicable law. For customer claims for damages, the particular provisions of Para. 9 of these general terms and conditions also apply.
(3) The warranty period is two years from delivery if the customer is a consumer, otherwise twelve months from delivery.
(4) The following applies only to businesspersons: The customer must carefully examine the goods immediately after consignment. The delivered goods are considered approved by the customer if a defect is not reported to us (i) within five business days after delivery in the event of obvious defects, or (ii) within five business days after discovery of the defect otherwise.
(1) Our liability due to delayed delivery – except in the case of deliberate intention or gross negligence – is limited to an amount of 100 % of the respective sales price (including value added tax).
(2) We are not liable (regardless of any legal reason) for damages which are not typically to be expected from the normal use of the goods. The above limitations of liability do not apply in cases of deliberate intention or gross negligence.
(3) The limitations of this § 9 do not apply to our liability for guaranteed characteristics in the sense of § 444 BGB, loss of life, personal injury or damage to health in accordance with the product liability law.
10. Data privacy statement
Gaya Entertainment GmbH collects, stores and processes personal data only in accordance with the applicable data protection regulations. Personal data are collected, stored and processed by Gaya Entertainment GmbH only in the scope required as part of a contractual relationship or to provide information requested by you. Gaya Entertainment GmbH will not transmit your personal data to third parties for marketing purposes, that is for purposes of advertising, market research or opinion research, without your express agreement. Gaya Entertainment GmbH itself will also not use your data for these purposes without your agreement. The responsible authority in the sense of the German Privacy Act is
Gaya Entertainment GmbH
Hausinger Strasse 8
Data which have no reference to your identity are stored automatically when visiting a website. This is solely information which by itself allows no conclusions to be drawn about you personally. Moreover, these data are also generated when accessing any other website from other providers. This includes, for example, information on the web browser used, the pages visited and the time spent. This information is used strictly anonymously to improve the website for users. It is deleted if any personal reference can be made.
This website uses so-called cookies to simplify your use of the site. Cookies are small files which allow the storage of specific data related to the respective device on the user’s access device. On the one hand, they serve the user-friendliness of websites, and on the other hand, they serve to record statistical data about website use and to be able to analyze them for the purpose of improving the offer. As a user of this website, you can affect the storage of cookies by selecting the option in your browser to be asked to confirm cookies individually – or to strictly forbid the storage of cookies.
This website uses Google Analytics, a web analysis service of Google Inc. (“Google”). Google Analytics uses “cookies”, text files saved on your computer which allow an analysis of your use of the website. The information generated through the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there. However, in the event that IP anonymization is enabled on this website, your IP address will be first truncated in member countries of the European Union, or in other signatory countries of the Treaty on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and truncated there. IP anonymization is enabled on this website. Google will use this information on behalf of the operators of this website to evaluate your use of the website, to compile reports on website activities, and to provide the website operator with other services associated with website and Internet use. The IP address transmitted from your browser as part of Google Analytics will not be compiled with other data by Google. You can prevent the storage of cookies with the proper setting of your browser software; however, please note that in this case you may not be able to use all functions of this website in full. You can also prevent the recording of the data referring to your use of the website generated by the cookie (including your IP address) for Google and the processing of these data by Google by downloading and installing the browser plug-in available through the following link:
Plug-ins for the social network Facebook, 1601 South California Avenue, Palo Alto, CA 94304, USA are also integrated into this website. You can recognize sites which include a Facebook plug-in from the Facebook logo or the “Like” button. If you visit sites which contain a Facebook plug-in, a direct connection between your browser and the Facebook server is created by the plug-in. As a result, Facebook will receive the information that you visited our site with your IP address. If you click on the Facebook “Like” while you are logged into your Facebook account, you will be able to link the contents of our site to your Facebook profile. In this case, Facebook can concretely assign the visit to our site to your user account. We cannot tell what data are actually transmitted to Facebook; the content is not visible to us. You can find more information on this in the Facebook privacy declaration at http://de-de.facebook.com/policy.php. If you do not want Facebook to be able to assign the visit to our site to your Facebook account, please log out of your Facebook account.
If you register for the newsletter from Gaya Entertainment GmbH, you grant us your express permission (in the so-called double opt-in procedure) to use the data provided by you to send you the requested newsletter. The entry of your e-mail address is required; all other information is voluntary. You can cancel receipt of the newsletter at any time.
On request, Gaya Entertainment GmbH will inform you what personal data about you have been saved. The agreement to the storage and use of personal data can be revoked at any time by contacting Gaya Entertainment GmbH, Hausinger Strasse 8, D-40764 Langenfeld, or by e-mail to firstname.lastname@example.org.
The person responsible for this is the internal data security officer:
Gaya Entertainment GmbH
Hausinger Strasse 8
Besides the internal privacy monitoring by the internal data security officer, the German Data Protection Act provides for supervisory authorities that will help you assert your rights. The regulatory agency of the state of North Rhine-Westphalia is responsible for Gaya Entertainment GmbH.
11. Applicable law and jurisdiction
(1) The sales contract that exists between us and the customer shall be governed by the law of the Federal Republic of Germany subject to compulsory regulation under international private law, under exclusion of the UN Convention on the International Sale of Goods.
(2) If the customer is a businessperson in the sense of § 1 Para. 1 of the German Commercial Code (Handelsgesetzbuch, HGB), a legal person under public law, or a special fund under public law, the courts in Langenfeld, Germany are solely responsible for all disputes from or in connection with the contractual relationship in question. In all other cases, we or the customer can bring suit in any court responsible due to statutory provisions.
12. Severability clause
INFORMATION ON THE ONLINE RESOLUTION OF DISPUTES
As of 2016, the EU Commission provides an Internet platform for the online resolution of disputes (so-called “ODR platform”). The ODR platform is intended to serve as a point of contact for the out-of-court resolution of disputes regarding contractual obligations which arise from online sales contracts. The ODR platform will be available through the following link: https://ec.europa.eu/consumers/odr/
We are not obligated and not prepared to participate in a dispute resolution process before a consumer arbitration board.