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General Terms and Conditions (GTC) of A.Gul KG/ Sherlock by Gul

  1. scope

These terms of sale apply exclusively to all our deliveries and offers. We do not recognize deviating or conflicting conditions unless we have expressly agreed to them in writing. These terms of sale also apply to all future transactions between the parties and even if we deliver the goods in the knowledge of deviating or conflicting terms. These General Terms and Conditions of Sale only apply to entrepreneurs, legal entities under public law or special funds under public law within the meaning of Section 310, Paragraph 1 of the German Civil Code.

2. offer, acceptance

Our offers are subject to change and non-binding unless they are expressly marked as binding or contain a specific acceptance period.
 

3. Contractual partner, conclusion of contract

The purchase contract is concluded with A.Gul KG. The presentation of the products in our online shop does not represent a legally binding offer, but a non-binding online catalogue. By clicking the order button, you place a binding order for the goods contained in the shopping cart. The confirmation of the receipt of your order is sent by e-mail immediately after the order has been sent and does not constitute acceptance of the contract. We can accept your order by sending an order confirmation by e-mail or by delivering the goods within the specified delivery time.

4. Payment

Our prices are ex works, plus the applicable statutory sales tax. Payment can be made either by bank transfer or via PayPal on our e-commerce platform. If you choose the payment method in advance, we will give you our bank details in the order confirmation and deliver the goods after receipt of payment.


5. Delivery

Unless otherwise agreed, delivery will be made from our warehouse to the delivery address you specified. The shipping costs are on our website.

6. Retention

The buyer is only entitled to assert rights of retention on the basis of counterclaims from the same contractual relationship.

7.Delivery

Delivery presupposes the timely and proper fulfillment of the buyer's obligations. The exception of the unfulfilled contract remains reserved. In the event of default of acceptance or other culpable violation of the buyer's obligation to cooperate, we are entitled to compensation for the resulting damage, including any additional expenses. Further claims remain reserved. In this case, the risk of accidental loss or accidental deterioration of the goods passes to the buyer at the time of default in acceptance or other violation of duties to cooperate. The goods remain our property until full payment.

8. Retention of title

We reserve ownership of the goods until all of our claims against the buyer from the business relationship, including future claims from contracts concluded at the same time or later, have been settled. This also applies if individual or all of our claims have been included in a current account and the balance has been drawn and acknowledged.

The buyer is obliged, as long as ownership has not yet passed to him, to treat the purchased item with care. In particular, he is obliged to insure them adequately at his own expense against theft, fire and water damage at replacement value. Claims against the insurance from an event of damage with regard to the goods subject to retention of title are already assigned to us by the buyer in the amount of the invoice value (including VAT) or, in the absence of such, in the amount of the value of the goods at the time the insured event occurs. We accept the assignment.

In the event of seizure or confiscation of the goods subject to retention of title or other dispositions or interventions by third parties in our rights, the buyer must object immediately with reference to our rights, notify us immediately, hand over the documents necessary for an intervention and, in consultation with us, do everything necessary to avert the hazard.

9. Liability

According to the statutory rules, we are liable for all damage that the buyer incurs as a result of gross negligence or intentional behavior on our part or on the part of our representatives or vicarious agents or from culpable injury to life, limb and health, for which we are liable according to the provisions of the Product Liability Act and for guaranteed characteristics; we are also liable in the event of a culpable violation of essential contractual obligations. Significant contractual obligations are those obligations whose breach would jeopardize the purpose of the contract and on the fulfillment of which the contractual partner may legitimately rely. In the event of a breach of contract caused by negligence, our liability for damages is limited to the damage that was foreseeable and typical for the contract at the time the contract was concluded.

10. Warranty

The statutory liability for defects applies. Information on any additional guarantees that may apply and their exact conditions can be found with the product and under the following link:  
https://www.gesetze-im-internet.de/bgb/__439.html#:~:text=(1)%20The%20K%C3%A4ufer%20can%20be%20as,labour%2D%20and%20material%20costs %20carry.

11. dispute resolution

This contract is subject to the law of the Federal Republic of Germany to the exclusion of the UN Sales Convention.

Place of fulfillment is Pforzheim. The exclusive place of jurisdiction for all disputes arising from or in connection with this contract is Pforzheim.

If you are an entrepreneur, then German law applies to the exclusion of the UN Sales Convention. If you are a merchant within the meaning of the Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.

 

Status: May 2023

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