Terms and Conditions

for the online store at the following URL

operated by

Unimog-Club Gaggenau e. V.
Eichetstr. 4
76456 Kuppenheim
Email: info@unimog-club-gaggenau.de
Phone number: +49 (0) 7222 80 899 38

– hereinafter referred to as: Provider –

1. Scope

These General Terms and Conditions (GTC) apply, upon their incorporation, to all contracts concluded for the purchase of goods, services, or other items (hereinafter “Goods”) in the online store at the URL listed above, in the version valid at the time the contract is concluded. These GTC apply exclusively. Any deviating terms and conditions of the customer shall not become part of the contract unless the provider expressly agrees to them.

2. Conclusion of the Contract

2.1 The offers in the online store constitute a non-binding invitation by the provider to visitors of the online store to submit an offer to purchase the goods offered in the store.

2.2 The order for the merchandise is placed using the provider’s online order form. After selecting the desired item(s), entering all required information, and completing all other mandatory steps in the ordering process, the selected items can be ordered by clicking the “Order” button at the bottom of the checkout page (Order). By placing the order, the customer submits a binding offer to purchase the selected item(s). The contract is concluded when the provider accepts the customer’s offer. Acceptance occurs when the provider confirms the conclusion of the contract in writing or in text form (e.g., via email) (Order Confirmation) and this Order Confirmation is received by the customer, or by the provider delivering the ordered goods and the customer receiving them, or by the provider requesting payment from the customer (e.g., invoice or credit card payment during the ordering process) and the payment request being received by the customer; the time at which the contract is concluded is determined by the time at which one of the alternatives mentioned in the first half-sentence occurs for the first time.

2.3 Before submitting a binding order via the provider’s online order form, the customer may review their entries and correct them at any time using the standard keyboard, mouse, touch, or other available input functions. In addition, all entries are displayed once more in a confirmation window before the order is submitted, and can also be corrected there using the standard keyboard, mouse, touch, or other available input functions.

2.4 The Provider will save the contract text after the contract is concluded and send it to the customer in writing (e.g., by email). The Provider will not make the contract text available in any other way. If the purchase was made through a customer account in the online store, the customer can view their orders and the associated order details there.

2.5 The following languages are available for entering into the contract: German

3. Right of Withdrawal for Consumers

Consumers generally have a right of withdrawal for contracts concluded outside of business premises and for distance contracts. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their self-employed professional activity. Details can be found in the cancellation policy, which is provided to every consumer no later than immediately before the contract is concluded.

4. Payment, Default

4.1 The prices listed in the online store at the time of the order apply. All prices include the applicable value-added tax and exclude any shipping costs that may be listed. The customer will be informed of the available payment options in the provider’s online store.

4.2 If “payment in advance” has been agreed upon, the purchase price is due immediately upon conclusion of the contract.

4.3 If payment via “PayPal” has been agreed upon, the purchase price is due immediately upon conclusion of the contract. Payment processing is handled by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg.

5. Retention of Title

The purchased goods remain the property of the seller until the purchase price has been paid in full.

6. Delivery and Reservation of the Right to Obtain Supplies

6.1 Unless otherwise agreed, delivery will be made within the delivery time specified in the online store to the delivery address provided by the customer. The applicable delivery times can be found in the online store.

6.2 Unless otherwise agreed, deliveries made by a freight forwarder are “curbside.” This refers to delivery to the public curb nearest the specified delivery address.

6.3 If the Provider is unable to deliver the ordered goods because it has not itself been supplied, through no fault of its own, even though it entered into a corresponding hedging transaction with a reliable supplier in a timely manner, the Provider shall be released from its obligation to perform and may withdraw from the contract. The Provider is obligated to notify the Customer immediately of the impossibility of performing the service. Any consideration already provided by the other party to the contract shall be refunded to that party without delay. Mandatory consumer protection laws remain unaffected by this paragraph.

7. Warranty

The provisions of statutory liability for defects apply.

8. Liability

8.1 The Provider has unlimited liability:

for damages resulting from injury to life, body, or health that are attributable to an intentional or negligent breach of duty by the Provider or an intentional or negligent breach of duty by a legal representative or agent of the Provider;
for damages resulting from an intentional or grossly negligent breach of duty by the Provider or from an intentional or grossly negligent breach of duty by a legal representative or agent of the Provider;
based on a warranty promise, unless otherwise agreed;
due to mandatory liability (e.g., under the Product Liability Act)

8.2 If the Provider negligently breaches a material contractual obligation, its liability is limited to the foreseeable damages typical for this type of contract, unless unlimited liability applies in accordance with the preceding paragraph. Material contractual obligations are obligations that the contract imposes on the Provider, based on its content, to achieve the purpose of the contract; the fulfillment of which is essential for the proper performance of the contract; and on the observance of which the Customer may reasonably rely.

8.3 In all other respects, the Provider, its agents, and its legal representatives shall not be liable.

9. Privacy Policy

The provider treats its customers’ personal data confidentially and in accordance with applicable data protection laws. For more details, please refer to the provider’s privacy policy.

10. Final Provisions

10.1 The law of the Federal Republic of Germany shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods, provided that this choice of law does not result in a consumer with habitual residence in the EU being deprived of the protection afforded by mandatory provisions of the law of the consumer’s country of residence.

10.2 If the customer is a merchant, a legal entity under public law, or a special fund under public law, the court at the provider’s place of business shall have jurisdiction, unless an exclusive venue has been established for the dispute. This also applies if the customer is not domiciled within the European Union. Our company’s registered office is specified in the heading of these Terms and Conditions.

10.3 If any provision of this Agreement is or becomes invalid or unenforceable, the remaining provisions of this Agreement shall remain unaffected.

11. Information on Online Dispute Resolution / Consumer Mediation

The European Commission provides an online dispute resolution platform at the following link: https://ec.europa.eu/consumers/odr.

The provider is neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board.

You can find our email address in the header of these Terms and Conditions.