Terms and Conditions
§ 1 Scope, Definitions
(1) VEBATO GmbH, Frankenstraße 16, 63776 Mömbris, Germany (hereinafter referred to as "we" or "Gabelmaxx") operates an online shop for goods at the website https://gabelmaxx.com. The following general terms and conditions apply to all services between us and our customers (hereinafter referred to as "Customer" or "you") in their version valid at the time of the order, unless otherwise expressly agreed.
(2) A "Consumer" within the meaning of these terms and conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity. An "Entrepreneur" is a natural or legal person or a partnership with legal capacity that acts in the exercise of their commercial or independent professional activity when concluding a legal transaction, whereby a partnership with legal capacity is a partnership that is equipped with the ability to acquire rights and enter into obligations.
§ 2 Conclusion of Contracts, Storage of the Contract Text
(1) The following regulations regarding the conclusion of contracts apply to orders placed through our online shop at https://gabelmaxx.com.
(2) Our product representations on the internet are non-binding and do not constitute a binding offer to conclude a contract.
(3) Upon receipt of an order in our online shop, the following regulations apply: The customer submits a binding contractual offer by successfully completing the ordering process provided in our online shop. The order is placed in the following steps:
- Selection of the desired goods,
- Adding products by clicking the corresponding button (e.g., "Add to Cart", "Add to Bag", etc.),
- Reviewing the information in the shopping cart,
- Accessing the order overview by clicking the corresponding button (e.g., "Proceed to Checkout", "Proceed to Payment", "View Order Overview", etc.),
- Entering/reviewing address and contact details, selecting the payment method, confirming the terms and conditions and cancellation policy,
- If the agreed characteristics of the goods deviate from their usual characteristics and conditions of use, confirmation of a negative quality agreement,
- Completion of the order by clicking the "Buy Now" button. This constitutes your binding order.
- The contract is concluded when you receive an order confirmation from us at the specified email address within three business days.
(4) In the event of a contract conclusion, the contract is concluded with VEBATO GmbH, Frankenstraße 16, 63776 Mömbris, Germany.
(5) Before placing an order, the contractual data can be printed or electronically saved using the browser's print function. The processing of the order and the transmission of all information required in connection with the conclusion of the contract, in particular the order data, the terms and conditions, and the cancellation policy, is done via email after you trigger the order, partly automated. We do not store the contract text after the contract is concluded.
(6) Input errors can be corrected using the usual keyboard, mouse, and browser functions (e.g., the browser's "Back Button"). They can also be corrected by prematurely canceling the order process, closing the browser window, and repeating the process.
(7) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is done via email, partly automated. You must therefore ensure that the email address you have provided to us is correct, that the receipt of emails is technically ensured, and that it is not blocked by SPAM filters.
§ 3 Subject of the contract and essential characteristics of the products
(1) In our online shop, the subject of the contract is:
- The sale of goods. The specific goods offered can be found on our product pages.
(2) The essential characteristics of the goods are found in the product description. If the agreed quality of the goods deviates from their usual quality and conditions of use, this will be explicitly stated in the product description (negative quality agreement). To the extent that the customer has given their explicit consent to the negative quality deviation, this defines the subject of the contract.
§ 4 Prices, shipping costs, and delivery
(1) The prices listed in the respective offers as well as the shipping costs are total prices and include all price components, including all applicable taxes.
(2) The respective purchase price must be paid before the delivery of the product (prepayment), unless we explicitly offer purchase on account. The payment methods available to you are indicated under a correspondingly labeled button in the online shop or in the respective offer. Unless otherwise stated for the individual payment methods, the payment claims are due for payment immediately.
(3) In addition to the stated prices, shipping costs may apply for the delivery of products, unless the respective item is marked as free shipping. The shipping costs will be clearly communicated to you in the offers, possibly in the shopping cart system and on the order overview.
(4) All offered products are, unless otherwise clearly stated in the product description, ready for shipment immediately (delivery time: 2 – 3 working days) after receipt of payment.
(5) Delivery is worldwide.
§ 5 Right of Retention, Retention of Title
(1) You can only exercise a right of retention if it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 6 Right of Withdrawal
As a consumer, you have a right of withdrawal. This is based on ourWithdrawal Information.
§ 7 Language of the Contract
The language of the contract is exclusively German.
§ 8 Liability
(1) Subject to the following exceptions, our liability for contractual breaches of duty as well as for tort is limited to intent or gross negligence.
(2) We are liable for slight negligence in the event of injury to life, body, health, or in the event of a breach of a material contractual obligation without limitation. If we are in default of performance due to slight negligence, if the performance has become impossible, or if we have breached a material contractual obligation, liability for property and financial damages resulting therefrom is limited to thecontractually typical foreseeable damage. A material contractual obligation is one whose fulfillment enables the proper execution of the contract in the first place, whose breach endangers the achievement of the contractual purpose, and on whose compliance you may regularly rely. This particularly includes our obligation to take action and fulfill the contractual performance owed, as described in § 3.
§ 9 Warranty
(1) The warranty is governed by the statutory provisions.
(2) For entrepreneurs, the warranty period for delivered goods is 12 months.
(3) As a consumer, you are requested to promptly check the goods/digital goods or the services provided upon fulfillment of the contract for completeness, obvious defects, and transport damages, and to notify us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty rights.
§ 10 Final Provisions/Dispute Resolution
(1) German law applies. For consumers, this choice of law applies only to the extent that it does not deprive them of the protection granted by mandatory provisions of the law of the state of their habitual residence (principle of favorability).
(2) The provisions of the UN Sales Convention do not apply.
(3) If the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the location of the provider.
(4) The European Commission provides a platform for online dispute resolution (ODR), which can be accessed athttps://ec.europa.eu/consumers/odr We are neither obligated nor willing to participate in dispute resolution procedures before a consumer arbitration board.