General terms and conditions
General terms and conditions of Galaxus Deutschland GmbH
As at: March 2019
Please note: Only the German original of these General Terms and Conditions of Digitec Galaxus AG is legally binding. The English translation is provided for information purposes only and has no legal force. By accepting these General Terms and Conditions, you automatically accept the German original.
1. Scope of application
The present general terms and conditions (hereinafter "GTC") apply to all legal transactions made through the online shop www.galaxus.de (hereinafter "online shop"). Therefore, the GTC form a part of all contracts concluded between Galaxus Deutschland GmbH (hereinafter "Galaxus Deutschland") and customers that govern the former’s delivery or service. Adverse or conflicting terms of the customer will not be recognised.
Galaxus Deutschland reserves the right to change these GTC at any time. The applicable version of the GTC at the time the order was placed shall apply.
2. Products and services presented in the online shop
The products and services described and presented in the online shop are exclusively aimed at customers with a delivery address in Germany. It is possible to use a different invoice address. Customers with a delivery address in Switzerland or Liechtenstein may only order from www.digitec.ch and www.galaxus.ch, for which separate conditions apply. Galaxus Deutschland does not offer sales tax refunds for goods taken to third countries independently.
The presented products and their descriptions apply for as long as they can be found through the search engine in the online shop and/or while stocks last.
3. Contract conclusion
By entering an order via the shopping cart in the online shop, the customer is making an offer to purchase the content of the respective shopping cart to Galaxus Deutschland. The receipt of order is confirmed to the customer by automatic e-mail from Galaxus Deutschland (order confirmation). The order confirmation does not confirm an acceptance of the customer’s purchase offer but merely confirms the receipt of the order and the further processing thereof by Galaxus Deutschland.
The contract between Galaxus Deutschland and the customer comes into existence with the shipment confirmation of the goods. Where, exceptionally, the customer should not receive a shipment confirmation, the contract comes into existence as soon as he or she receives the goods. If goods from one order are shipped separately, each shipment confirmation or the respective receipt of the goods constitutes a contract between Galaxus Deutschland and the customer. Galaxus Deutschland is entitled to carry out partial deliveries unless these constitute an undue disadvantage of the customer.
Regardless of the cancellation right pursuant to point 4, the customer may cancel his or her order free of charge provided that the respective shipment confirmation has not yet been received.
For all product orders with a minimum age requirement of 18 (particularly for alcohol and tobacco products), the customer confirms compliance with the legal provisions by placing the order.
Orders exceeding conventional household amounts may be rejected without justification.
4.1 Cancelling orders
You have the right to revoke this contract within fourteen days without giving reasons.
Customers have the right to withdraw from the contract within 14 days without justification.
The cancellation period is 14 days from the day either the customer or a designated third party (who is not the carrier) accepts the goods. This applies to goods that are sent as a partial delivery or as individual items in the event that the respective contract applies to several goods from a single order or the shipment of goods in several partial deliveries or items.
In order to exercise their cancellation right, customers must inform us at:
Galaxus Germany GmbH
22761 Hamburg, Germany
+49 (0)40 334 614 747
by means of an express declaration (e.g. sent by post, fax or e-mail) in which they state their wish to cancel the respective contract. The attached cancellation form template may be used but is not a requirement. Customers can download the cancellation form template from our website www.galaxus.de or send us another express declaration. Should customers make use of this option, we will immediately send them a receipt confirmation (e.g. via e-mail) of the cancellation. To exercise their cancellation right, it suffices that customers send their declaration to exercise this right before the expiry of the cancellation right.
4.2 Consequences of cancellation
Should a customer cancel a contract, we are obliged to refund all payments received from him or her. This includes delivery costs (except for additional costs arising from a delivery type selected by the customer that deviates from our standard delivery). The refunds must be made without delay and at the latest within 14 days from the day on which the cancellation request was received. All refunds are made by means of the same payment methods used by the customer in the original transaction unless expressly agreed otherwise with the customer. In no event are any fees charged for the refund. We reserve the right to refuse a refund until we have either received the goods in question or proof that they have been sent – depending on which is the earlier point in time.
The customer is obliged to return the goods immediately or at the latest within 14 days from the day he or she informed us of his or her request to cancel the contract. The goods must be returned or handed over either to us or to [if applicable, please enter the name and address of the person authorised by you to receive the goods]. The deadline is met if the customer sends the goods before the 14-day period. We shall bear the costs of returning the goods.
The customer must only bear the costs of any value loss if this loss was caused by unnecessary handling to check the quality, properties or functionality of the goods.
4.3 Optional right of return
In addition to the statutory cancellation right, Galaxus Deutschland grants an optional right of return for 30 days from receipt of the goods. This optional right of return does in no way limit the statutory rights of the customer nor the cancellation right as described above. Galaxus Deutschland’s Return policy applies for customers who wish to exercise their optional right of return.
Together with the order confirmation, the customer is either provided with a provisional delivery date or is contacted so that an individual delivery date can be arranged. Galaxus Deutschland attaches great importance to providing up-to-date and precise information on availability and delivery times in their online shop. However, production and supply bottlenecks in particular can lead to delivery delays. Therefore, the provided information on availability and delivery times does not constitute binding or guaranteed shipment or delivery dates, unless the deadline stated under the shipment options of the respective product is explicitly described as binding.
The occurrence of a possible delivery delay is governed by the legal provisions, whereas a reminder from the customer is required in any event.
6. Delivery, shipment
All delivery and collection options described in “Delivery and collection” in the online shop are available to customers ordering products and services provided by Galaxus Deutschland.
The customer’s delivery address must be in the EU and easily accessible by truck. If this is not the case, the customer must bear any additional costs.
Packaged goods are exclusively delivered to the front door. Bulky items are delivered to the place of use. In any event, the customer is responsible to enable and guarantee access to the place of use. The customer must verify that the product fits through any entrances, for instance staircases, doors, etc. If the product cannot be transported to the place of use, the customer shall bear any additional costs.
Should the customer fail to receive the goods on the respective delivery date, even though the date was either agreed upon or announced with reasonable advance notice, because the goods do not fit through the entrance, the customer shall bear the costs of the unsuccessful delivery.
7. Product images and prices
Images of products in advertising, brochures, the online shop etc. serve illustration services and are non-binding.
All sales prices published in the online shop are final prices, which include all taxes (notably VAT). Any additional services available for a fee, such as assembly, disposal, etc., are listed separately both in the shopping cart and the invoice.
In spite of our great efforts and careful inspection, it can occur that certain products are incorrectly priced. Galaxus Deutschland regularly checks the prices stated in the online shop. In the event that this inspection exposes an erroneous price and should the correct sales price stated in the online shop be higher than the stated price, the customer is immediately informed. Provided that the contract has not yet entered into force at this point in time, the customer may decide whether he or she wants to keep the order at the correct price or cancel the order.
The customer is informed that, due to the volume and speed at which orders are processed, it cannot be ruled out that erroneous prices are only discovered after the contract has entered into force. In other words, after the shipment confirmation has been received or the delivery of the goods has taken place. In such cases, Galaxus Deutschland is fully entitled to contest the contract within the limits of the legal provisions.
8. Payment terms, reservation of ownership
The customer can choose between all payment methods listed in "Payment methods" in the online shop.
Until the sales price is paid in full, the goods remain the property of Galaxus Deutschland GmbH.
9. Warranty and limitation of liability
Customers enjoy the statutory warranty rights.
Once the supplementary performance by way of replacement delivery has been carried out, the customer is obliged to return the original goods to Galaxus Deutschland within 30 days at the latest and at his or her own expense. The return shipment of defective the defective goods must be carried out according to legal provisions. Galaxus Deutschland reserves the right for any claim for damages.
Galaxus Deutschland is liable for damages caused by an intentional or grossly negligent breach of duty by Galaxus Deutschland or one of its legal representatives or performing agents. In addition, Galaxus Deutschland shall also be liable for negligent breaches of duty, if these affect an essential contractual obligation, i.e. an obligation which is essential for the correct fulfilment of the contract and which the customer regularly trusts and may trust to be fulfilled. The compensation for the violation of an essential contractual obligation is limited to the foreseeable, typically occurring damage.
In all other cases, Galaxus Deutschland is excluded from liability. The exclusion or limitation of liability for Galaxus Deutschland shall also apply to the personal liability of its employees, representatives and performing agents.
The aforementioned limitation of liability does not apply to injuries to body, health and life or in case of defects after acceptance of a warranty for the quality of the respective product or in case of maliciously withheld defects.
Liability under the Product Liability Act remains unaffected.
Any manufacturer warranties are subject solely to the terms of the manufacturer and do not establish any entitlement of the customer vis-à-vis Galaxus Deutschland. This is also the case if Galaxus Deutschland offers support in the processing of warranty claims.
10. Choice of law and place of jurisdiction, severability clause, goodwill
The legal relationships between Galaxus Deutschland and the customer are exclusively governed by German substantive law. In addition, mandatory regulations of the law of the state in which the customer is ordinarily resident apply if the customer concludes a sales contract that cannot be attributed to his or her professional or commercial activity (consumer contract).
If the customer is a merchant in the sense of the Code of Commercial Law HGB, a legal entity under public law or a public sector entity with special assets, the exclusive and international place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is Hamburg. However, Galaxus Deutschland is also entitled to file a suit at the customer’s general place of jurisdiction of the customer.
Any invalidity or individual contractual provisions do not affect any other part of the contract.
In the event that these general terms and conditions are infringed by the customer and Galaxus Deutschland does not take immediate action against this infringement, this does, under no legal aspect, represent a waiver but, at the most, a performance of goodwill. Therefore, Galaxus Deutschland continues to remain entitled to exercise any rights towards the customer in the event of a repeated infringement.