Terms and Conditions
for the online shop at the URL
operated by
Gold Heinrich GmbH
Bahnhofstr. 1/3
89231 Neu-Ulm
Email: info@goldheinrich.de
Phone number: +49 731 940 238 70
- hereinafter: Provider -
Scope
These General Terms and Conditions (GTC) apply, once incorporated, to all purchase agreements for goods, services, or other items (hereinafter referred to as „goods“) in the online shop at the above-mentioned URL in the version valid at the time of the conclusion of the contract. These GTC apply exclusively. Deviating GTC of the customer do not become part of the contract unless the provider expressly agrees to them.
2. Conclusion of Contract
2.1 The offers in the online shop represent a non-binding invitation by the provider to online shop visitors to submit an offer to purchase the goods offered in the shop.
2.2 The order for the product(s) is placed via the provider's online order form. After selecting the desired product(s), entering all mandatory information requested and completing all other mandatory steps in the ordering process, the selected goods can be ordered by clicking the order button at the bottom of the checkout page (order). By placing an order, the customer submits a binding contractual offer to purchase the selected product(s). The contract is concluded when the provider accepts the customer's offer. Acceptance takes place when the provider confirms the conclusion of the contract in writing or text form (e.g. by e-mail) (order confirmation) and this order confirmation is received by the customer or by delivering the ordered goods and these goods are received by the customer or by requesting payment from the customer (e.g. invoice or credit card payment in the order process) and the payment request is received by the customer; the time at which one of the alternatives mentioned in the first half-sentence occurs for the first time is decisive for the time of conclusion of the contract.
2.3 Before submitting the order via the provider's online order form, the customer can review their entries and correct them at any time using the standard keyboard, mouse, touch, or other available input functions. Furthermore, all entries will be displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the standard keyboard, mouse, touch, or other available input functions.
2.4 The provider will store the contract text after the conclusion of the contract and transmit it to the customer in text form (e.g., via email). The provider will not make the contract text accessible beyond this. If the purchase was made through a customer account in the online shop, the customer can view their orders and the associated order data there.
2.5 The following languages are available for the conclusion of the contract: German.
3. Right of withdrawal for consumers
Consumers generally have a right of withdrawal for contracts concluded outside business premises and for distance contracts. A consumer is any natural person who enters into a legal transaction for purposes that cannot be attributed predominantly to their commercial or self-employed professional activity. Details can be found in the cancellation policy, which is provided to every consumer at the latest immediately before the conclusion of the contract.
4. Payment, Default
4.1 The prices listed in the online shop at the time of the order apply. All prices include statutory value-added tax and, where applicable, the shipping costs listed. The customer will be informed about the available payment options in the provider's online shop.
4.2 If „prepayment“ is agreed upon, the purchase price is due immediately after the conclusion of the contract.
4.3 If payment by credit or debit card is agreed, the purchase price is due immediately after the conclusion of the contract.
4.4 If payment via „PayPal“ is agreed upon, the purchase price is due immediately after the conclusion of the contract. Payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg.
4.5 If „Sofortüberweisung“ is agreed upon, the purchase price is due immediately after the conclusion of the contract. Payment processing is carried out by Sofort GmbH, Theresienhöhe 12, 80339 Munich.
4.6 If Giropay is agreed upon, the purchase price is due immediately after the conclusion of the contract. The payment processing is carried out by paydirect GmbH, Stephanstr. 14-16, 60313 Frankfurt am Main.
5. Retention of title
The purchased goods remain the property of the seller until the purchase price is paid in full.
6. Delivery and Reserved Self-Delivery
6.1 Subject to different agreements, delivery will be made within the delivery time specified in the online shop to the delivery address provided by the customer. The applicable delivery times can be found in the online shop.
6.2 If the seller cannot deliver the ordered goods because they themselves were not supplied, through no fault of their own, despite having concluded a congruent hedging transaction with a reliable supplier in good time, the seller shall be released from their obligation to perform and may withdraw from the contract. The seller is obliged to inform the customer immediately of the impossibility of fulfilling the contract. Any consideration already provided by the contracting party shall be refunded to them immediately. Mandatory consumer law remains unaffected by this paragraph.
7. Warranty
The statutory warranty regulations apply.
8. Liability and Indemnification
8.1 The provider is liable without limitation:
- for damages arising from injury to life, body, or health, based on an intentional or negligent breach of duty by the provider or an intentional or negligent breach of duty by a legal representative or vicarious 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 vicarious agent of the provider;
- due to a warranty promise, insofar as no other arrangement has been made in this regard;
- 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 contractually typical, foreseeable damage, unless liability is unlimited as per the preceding paragraph. Material contractual obligations are obligations that the contract imposes on the provider according to its content for the achievement of the contract's purpose, whose fulfillment makes the proper execution of the contract possible in the first place, and whose observance the customer may regularly rely on.
8.3 Furthermore, any liability of the provider, as well as the liability of its vicarious agents and legal representatives, is excluded.
8.4 The Customer shall indemnify and hold harmless the Provider from any third-party claims – including the costs of legal defense at their statutory rate – asserted against the Provider due to the Customer's illegal or contractually non-compliant actions.
9. Data Protection
The provider treats its customers' personal data confidentially and in accordance with statutory data protection regulations. For further details, please refer to the provider's privacy policy.
10. Final Provisions
10.1 The law of the Federal Republic of Germany shall apply, to the exclusion of the UN Convention on Contracts for the International Sale of Goods, provided that this choice of law does not deprive a consumer habitually resident in the EU of mandatory provisions of the law of their state 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 place of jurisdiction is established for the dispute. This also applies if the customer does not have a place of residence within the European Union. The registered office of our company can be found in the heading of these GTC.
10.3 To the extent 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 Arbitration
The EU Commission provides an online dispute resolution platform on the internet at the following link: https://ec.europa.eu/consumers/odr.
The provider is not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration body.
Our email address can be found in the heading of these terms and conditions.
12. Vouchers
12.1 Vouchers may be offered for sale in the provider's online shop. These vouchers can be redeemed both in the online shop at the URL mentioned in the heading and in the provider's physical store.
12.2 The voucher value cannot be paid out in cash. The voucher value will not bear interest.
12.3 The voucher is transferable. The provider may make payments to the respective holder with discharging effect. This does not apply if the provider has knowledge or has grossly negligent ignorance of the lack of entitlement, incapacity to contract, or lack of authority to represent of the respective holder.
12.4 Vouchers have a statutory limitation period of three years, starting from the end of the year in which the voucher was purchased.
12.5 A statutory right of withdrawal exists when purchasing vouchers, provided the customer is a consumer (see § 3 of these terms and conditions). After the withdrawal period has expired, a return of the voucher is generally excluded.
12.6 The right of withdrawal shall expire prematurely if the provider has commenced the execution of the contract after the customer has expressly agreed that the provider shall commence the execution of the contract before the expiry of the withdrawal period, and the customer has confirmed his knowledge that by his consent to the commencement of the execution of the contract, he loses his right of withdrawal.
12.7 When redeeming the voucher, the purchase price must be at least equal to the value of the voucher. Partial redemption is not currently possible in the online shop. Partial redemption is possible in the physical store.
12.8 Digital vouchers will be sent to the customer in electronic form as a voucher code via email to the email address provided during the ordering process after purchase. The customer is responsible for providing a correct and reachable email address.
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