General terms and conditions of GO IN GmbH Germany
The products offered in our onlineshop or in our catalogs are exclusively available for commercial customers.
§ 1 Introduction, Scope
1.1 These General Terms and Conditions of Business (GTC) shall apply in their respective valid version. They shall only apply to customers who are legal entities in accordance with the regulations laid down in §§ 14 para. 1 and 310 para. 1 of the BGB (German Civil Code).
1.2 With his order, the customer confirms the use of the goods within the framework of his commercial and free-lance activity and accepts these Terms and Conditions.
1.3 GO IN shall not recognize different, contradictory or additional clauses, unless GO IN has expressly confirmed their validity in writing.
1.4 The conclusion of the contract shall take place in German, in English or in French in the case of non-German-speaking countries.
1.5 Customers can view these Terms and Conditions in the latest price list and on the GO IN website. GO IN can also send these Terms and Conditions by email, post or fax upon request.
§ 2 Conclusion of the Contract, Prices
2.1 GO IN offers are subject to change without notice. Technical amendments as well as amendments to shape, colour and/or weight remain reserved to a reasonable extent.
2.2 In ordering the goods, the customer bindingly declares himself willing to purchase the goods ordered. Orders shall take place in writing, verbally or over the telephone, however under no circumstances should they be submitted twice, e.g. via both facsimile and via e-mail. Costs which arise through double orders and double shipping shall be invoiced to the customer by GO IN.
GO IN shall be entitled, however not obligated, to accept the offer of a contract present within the order within two weeks of its receipt. The acceptance may be communicated to the customer in writing, in accordance with number 2.6, or by delivery of the goods.
2.3 The conclusion of the contract shall ensue conditional to the correct and timely delivery of GO IN by its suppliers. This shall apply only for the event that the non-delivery is not the responsibility of GO IN, in particular in the event of the conclusion of a congruent covering transaction by the GO IN supplier. The customer shall be informed of the non-deliverability of the goods or service.
2.4 The GO IN prices in the main catalogue, on the separate price list and on the website are non-binding. The list price at the time of delivery shall apply. The prices apply from the warehouse in Landsberg.
2.5 All prices are subject to the legal rate of value-added tax. German value-added tax is not applicable to EU customers who can provide a certified VAT Reg. No. and proof of export into an EU country upon placement of order.
2.6 Orders submitted to GO IN shall only be valid with written or electronic order confirmation from GO IN, in which the price and these General Terms and Conditions of Business are detailed. GO IN shall be bound to concluded contracts until the delivery date insofar as and as long as the customer adheres to his contractual obligations. Number 2.2 shall remain unaffected.
2.7 Should the customer make changes to his order in regard to type and quantity before the delivery date, GO IN shall be entitled to include and correct the relevant order value when taking payment, e.g. by a direct debit or credit card payment.
§ 3 Minimum quantities
3.1 GO IN shall calculate a minimum quantity surcharge for orders of goods under a specified total value.
3.2 GO IN can stipulate a minimum order quantity for certain articles, and can demand a surcharge in cases where this minimum order quantity is not reached.
§ 4 Purchasing of Samples/Custom-made Products
4.1 At the request of the customer, the shipping of individual samples is possible. GO IN reserves the right to exclude individual articles in the respective sales range from sample shipping. The shipping of sample items shall ensue within the single European market free of freight and packaging costs. Samples shall be delivered against prepayment.
4.2. The intact sample item can be returned to GO IN in the original packaging and free of freight and packaging costs for GO IN, in return for a credit note to the value of the merchandise value. Return shipping is possible, however, only within a period of one month from receipt of the sample item by the customer.
4.3 Prototypes for custom-made items may not be sold and must be returned undamaged and in the original packing to GO IN within one month.
4.4 Should the customer expressly request this, GO IN shall produce prototypes for a fee. Custom-made items, finishes, upholstery and similar shall require partial advance payment, the cost of which shall be mutually agreed upon and quantified in the order confirmation.
§ 5 Packaging, Assembly, Instructions for Use and Care
5.1 All purchase objects are protected by warehouse packaging and, in the case of delivery to a place other than the place of performance, by additional shipping-appropriate transport packaging. The costs for the transport packaging are to be borne by the customer and are contained in the flat rate for freight costs.
5.2 The customer shall be obliged to dispose of the packaging material at his own expense.
5.3 In some cases, the goods are delivered unassembled. Liability for faulty assembly by the customer is excluded. If the customer receives faulty assembly instructions, GO IN shall be obliged only to deliver fault-free assembly instructions and this only when the error in the assembly instructions prevents correct assembly.
5.4 The customer shall be obliged to observe and comply with the assembly and care instructions enclosed with the goods. The assembly and care instructions are available to the customer on the GO IN website or, on request, by post or e-mail for information purposes prior to the conclusion of the contract.
5.5 When the assembly service at the customer’s location is availed of, the contractual basis shall be the checklist, sketches/floor plans supplied by the customer and the details in the order confirmation. The costs for the assembly service are shown on the order confirmation and are to be borne by the customer. The assembly service on site can be executed by an external sub-contractor of GO IN. The work of the assembly service shall be considered to have been correctly performed with the customer’s signing of the final inspection confirmation. Thereafter, complaints are excluded. Within the framework of the assembly service, only the Terms and Conditions of GO IN shall apply. The German Construction Contract Procedures shall not apply.
§ 6 Conditions of Payment, Invoicing, Delayed Payment and Offsetting
6.1 The payment of the purchase price shall take place by prepayment. In individual cases, payment may be made 14 days net after the invoice date.
6.2 In the case of custom-made items, GO IN shall be entitled to demand an appropriate advance payment on the merchandise value.
6.3 Invoices may also be sent electronically to customers via email, using the email address provided by the customer, insofar as the customer agrees to this. By agreeing to this, the customer accepts that they will not receive a printed copy of the invoice by post. As the recipient, the customer is responsible for ensuring that all electronic mailings of the invoice by GO IN can be sent to the email address provided by the customer; and must adjust any technical settings, such as filter programs or firewalls, to allow this. The customer must inform GO IN of any changes to their email address in good time in writing. By saving an electronic invoice, the customer bears an increased risk of access by a third party.
6.4 For ongoing business relationships, and at the request of the customer, the opening of a transfer account with a credit line to be negotiated is possible. The level of the credit line is dependent on the credit rating of the customer. The customer undertakes to observe a term of payment of 14 days. In the event of this term of payment being exceeded and a first reminder being issued, GO IN shall be entitled to close down the arranged credit framework up to the point of settlement of the receivable account and, in the event of a second reminder, to cancel it completely. GO IN shall then be entitled to refuse every further delivery on account to the customer.
6.5 The customer shall only have the right to set-off when his counterclaims have been established as final and absolute, are uncontested or have been recognized by GO IN. The customer can only exercise a right of retention when his counterclaim is based on the same contractual relationship.
§ 7 Delivery Time, Default of Acceptance
7.1 Adherence to the delivery commitment by GO IN is subject to the prerequisite that the customer shall fulfill his obligations in a prompt, complete and correct manner. GO IN reserves the right to claim non-performance of the contract. For all contracts which are concluded with prepayment, production or delivery shall only commence on receipt of payment by GO IN. In the case of a sale involving the carriage of goods, delivery deadlines shall refer to the date of „receipt by the customer“ and are non-binding due to uncertainties surrounding transport.
7.2 If the customer is in default of acceptance or culpably infringes other obligations to cooperate, GO IN shall be entitled to demand compensation from the customer for the losses incurred by GO IN, including any additional expenditure. The right to assert further claims is reserved.
7.3 Under the circumstances specified in the above paragraph, the danger of accidental perishing or accidental deterioration of the purchase object shall pass to the customer at the point at which acceptance default or lack of timely performance occurs.
7.4 In the case of default in delivery, GO IN shall be liable in accordance with the statutory stipulations, provided the delivery default is the result of an intentional or grossly negligent violation of the contract on the part of GO IN; in the case of negligent violation of the contract, the compensation liability of GO IN is limited to the foreseeable damage which typically occurs. For the rest, GO IN shall be liable for every full week of the delay only within the framework of a flat rate compensation for delay amounting to 2 % of the value of the goods to be delivered, but with a maximum of not more than 5 % of the value of the goods to be delivered.
§ 8 Passing of the Risk, Sale by Delivery to a Place other than the Place of Performance, Transport Packaging
8.1 The danger of accidental perishing or accidental deterioration of the goods shall pass to the customer as soon as the goods have left the GO IN warehouse in Landsberg (handover). The handover shall still apply when the customer is in default of acceptance (see 7.3).
8.2 In the case of a sale involving the carriage of goods, GO IN shall contract a forwarding company for the delivery on the customer‘s behalf on payment of a flat-rate freight fee. In the case of free house delivery, the forwarder shall simply provide the customer with the goods for unloading at the agreed address.
8.3 Collection by the customer from the warehouse in Landsberg is to be agreed in good time and explicitly between the customer and GO IN. If the customer has the goods collected from the GO IN warehouse in Landsberg by his own forwarding company, he himself shall be responsible for, and liable for, the costs of appropriate transport insurance. In the case of collection by the customer, the customer shall also bear the costs of the transport packaging.
8.4 The customer undertakes to examine the goods upon receipt for completeness, correctness of the article and obvious transport damage. Where damage or shortfall is determined, the customer must note this on bill of lading and have it confirmed by the forwarder. Where transport damage applies, the customer must notify GO IN without delay. The transport packaging is to be stored by the customer for the return shipment of the goods. Item 10, No. 10.3 shall apply.
8.5 Also in the event of collection by the customer, the customer shall be obliged to examine the goods immediately upon hand-over for completeness, correctness and condition. GO IN staff are to be notified immediately of any shortfall or faults. Otherwise the goods shall be considered to have been received according to contract from this point in time. Thereafter, claims for obvious and concealed transport damage can no longer be asserted by the customer.
§ 9 Reservation of property rights
9.1 GO IN shall retain ownership of the goods up to the receipt of all payments from the sales contract and, beyond that, up to the point of complete settlement of all outstanding accounts from the current business relationship.
9.2 The customer shall be obliged to treat the goods with care. Where maintenance or service work is required, the customer shall undertake same regularly at his own expense.
9.3 The customer shall be obliged to inform GO IN immediately of any seizure of the goods by third parties in the case of attachment, as well as any damage or destruction of the goods. The customer must notify GO IN immediately of any change of ownership of the goods as well as any change of its official business address.
9.4 GO IN shall be entitled, in the case of conduct in contravention of the contract on the part of the customer, in particular in the case of delayed payment or infringement of an obligation in accordance with the above Item 3, to withdraw from the contract and demand the return of the goods.
9.5 The customer shall be entitled to re-sell the goods in the usual course of business. Even at this stage, he assigns to GO IN all outstanding accounts to the level of the invoice sum to which he is entitled vis-à-vis third parties through the sale. GO IN accepts the assignment. Following the assignment, the customer shall continue to be authorized to collect the receivable account. However, GO IN reserves the right to collect the receivable account itself, as soon as the customer fails to duly observe his payment commitments and is in default.
9.6 The processing and working up of the goods through the customer shall always ensue in the name of, and on behalf of, GO IN. If the processing of items covered by the GO IN reservation of proprietary rights ensues, GO IN acquires co-ownership of the new items in the ratio of the value of the goods delivered by GO IN to the other processed items. The same shall apply when the goods are mixed with other items not belonging to GO IN.
§ 10 Warranty, Inspection and Notification Obligation
10.1 As properties and condition of the goods, only the product description issued by GO IN shall be considered agreed. In contrast, public expressions, promotions or advertising of GO IN do not constitute contractually agreed details of the properties and condition of the goods. The sample colours in the catalogue are non-binding. Item 2, No. 2.1 shall apply in addition.
10.2 The warranty period shall be two years, provided the fault is demonstrably the result of a material and/or processing error or consists of a limitation of the function of the appropriate use. For the rest, every warranty is excluded. The warranty shall expire with the use of the goods for purposes other than those for which they were intended or with technical alterations to the goods delivered by GO IN. The same shall apply for the non-observance of the use and care instructions in accordance with Item 5, No. 5.4.
10.3 Should the customer notice a discrepancy between the goods delivered and the goods contracted for delivery upon inspection, GO IN must be notified of this in writing within two weeks of receipt of the goods. Otherwise a claim cannot be asserted under the warranty. The same applies should the customer use the goods despite being aware of the deficiency, e.g. complete assembly and/or use of the goods. The prompt sending of the notification shall be considered adherence to the deadline. The customer shall bear the full burden of proof in relation to all requirements for making a claim, in particular for the defect itself, for the timing of the identification of the defect and the timeliness of the claim. Should the claim not be submitted before the deadline, all claims under the warranty shall be invalidated, insofar as standard and prompt inspection of the goods for defects, quantity deviations, incorrect deliveries and damage could have identified the shortcomings. Slight deviations in dimension, colour and finish of the goods shall not entitle the customer to make warranty claims. Should shortfalls be legitimately reported, the missing goods shall be subsequently delivered.
10.4 In the case of proven defects, GO IN shall fulfil the warranty by remedy of the defect or a replacement delivery (supplementary performance), whichever option GO IN shall deem to be appropriate. In the case that the supplementary performance should be insufficient, GO IN shall grant the customer an appropriate price reduction. As an exception to this, if GO IN and the customer have expressly agreed upon conversion or replacement during the guarantee period, as in paragraph 10.2, GO IN shall be justified in making this dependent on the customer paying a usage fee for the duration of his past usage. In the case of indoor products this shall amount to 20%, and for outdoor products 25%, of the net value of goods per year. Should there be construction-related defects, the customer shall be obliged to discontinue using the goods. Other warranty claims, specifically compensation claims, also resulting from consequential damages, shall be excluded.
10.5 The costs undertaken by the customer to remedy the defect shall not be assumed by GO IN, unless expressly agreed with GO IN.
10.6 GO IN issues no guarantees in the legal sense to the customer. Manufacturer guarantees shall remain unaffected.
§ 11 Data
11.1 The personally identifiable information compiled during the order process is used by GO IN to settle the contract and to process any enquiries. This data is compiled, processed and utilized in line with the applicable data protection laws.
11.2 If necessary, data required for transaction processing will be passed on to affiliated companies and delivery agents in order to complete the order. This data can only be used by affiliated companies and delivery agents for this purpose.
11.3 In addition, GO IN processes and utilizes addresses and order information for commercial purposes. Customers have the right to revoke the use of data for commercial purposes at any time. Objections can be sent by post to GO IN GmbH, Justus-von-Liebig-Str. 3-5, 86899 Landsberg am Lech, or by email to email@example.com.
11.4 Information regarding customer orders is saved by GO IN after the sale has been completed. Should the customer lose their order documents, GO IN is able to provide the customer with a copy of the order information upon payment of an appropriate fee.
§ 12 Final Provisions
12.1 The laws of the Federal Republic of Germany shall apply. The provisions of the CISG shall have no application.
12.2 Place of performance and court of jurisdiction for both parties shall be Landsberg am Lech. The same shall apply when the customer does not have a general court of jurisdiction in Germany or his place of residence or current whereabouts at the time of the filing of the complaint is unknown. GO IN shall, however, be entitled to take a case against the customer at his place of residence.