Terms and Conditions

§1 Basic Provisions

(1) The following terms and conditions apply to all contracts that you conclude with us as a provider (GfS – Gesellschaft für Safety and Security products mbH) via the website https://gfs-online.com. Unless otherwise agreed, the inclusion of your own conditions used is contradicted.

(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed professional activity. An entrepreneur is any natural or legal person or a legal partnership that acts in the exercise of its independent professional or commercial activity when concluding a legal transaction.

§ 2 Conclusion of the Contract

(1) The subject of the contract is the sale of goods. Our offers on the Internet are non-binding and not a binding offer to conclude a contract. Errors and mistakes on our website are reserved, especially regarding the availability of goods.

(2) You can submit a binding purchase offer (order) via the online shopping cart system. The goods intended for purchase are placed in the "shopping cart". You can call up the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time. After calling up the "Checkout" buttons, you can enter personal data as well as payment and shipping conditions and then review all order data again.

Before sending the order, you have the opportunity to change all the information or cancel the purchase. By sending the order via the button "order with obligation to pay" you submit a binding offer with us. You will first receive an automatic email about the receipt of your order, which does not yet lead to the conclusion of the contract.

(3) The acceptance of the offer (and thus the contract conclusion) occurs within 2 days by confirmation in text form (e.g. email), in which the execution of the order or delivery of the goods is confirmed to you (order confirmation).

If no copies of the product you selected are available at the time of your order, we will inform you in the order confirmation.

If the product is permanently not available, we refrain from a declaration of acceptance. A contract does not come into effect in this case. Any services already provided will be refunded immediately in this case.

If the product designated by the customer in the order is only temporarily unavailable, we will also inform you immediately in the order confirmation. In the event of a delivery delay of more than two weeks, you have the right to withdraw from the contract. Otherwise, we are also entitled to withdraw from the contract in this case. Here, any payments already made by you will be refunded immediately.

(4) The processing of the order and transmission of all information necessary in connection with the conclusion of the contract is done by 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 in particular not prevented by SPAM filters.

§ 3 Retention of Title

(1) The goods remain our property until full payment of the purchase price.

(2) If you are an entrepreneur, the following applies in addition:

a) We retain ownership of the goods until full settlement of all claims arising from the ongoing business relationship. Before the transfer of ownership of the reserved goods, pledging or security transfer is not permitted.

b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice that accrue to you from the resale, we accept the assignment. You are further authorized to collect the claim. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.

c) In the event of combining and mixing of the reserved goods, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.

d) We undertake to release the securities to which we are entitled upon your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is up to us.

§ 4 Prices, Shipping Costs, Return Costs upon Revocation

(1) All item prices are final prices, they include the statutory value-added tax.

(2) The minimum order value is 20 Euros net.

(3) The item prices do not include shipping costs. The amount of shipping costs depends on the shipping weight.

(4) Island surcharges are separately levied for the following postal codes: Hiddensee: 18565, North Frisian Islands: 25849, 25859, 25863, 25869, 25938, 25946, 25980, 25992, 25996–25999, East Frisian Islands: 26465, 26474, 26486, 26548, 26571, 26579, 26757, Helgoland: 27498, Neuwerk: 27499, Chiemsee: 83256.

§ 5 Delivery Conditions

The delivery times stated in the offer apply, starting with the receipt of payment. In the case of delivery on account, the delivery times begin with the acceptance of the contract by the company.

If you are a consumer, it is legally regulated that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or a person otherwise designated to carry out the shipment.

If you are an entrepreneur, delivery and shipment take place at your risk.

§ 6 Payment Conditions

Payment is made either by prepayment by advance transfer, by Paypal, or by invoice. We reserve the right to exclude individual payment methods. In the case of payment by prepayment, we will provide you with the bank details in the order confirmation. The invoice amount is to be transferred to our account within 10 days.

§ 7 Warranty

(1) The statutory warranty rights exist.

(2) If you are an entrepreneur, deviating from paragraph 1:

a) Only our own information and the product description of the manufacturer are agreed as the condition of the goods, not other advertising, public praise, and statements of the manufacturer.

b) You are obliged to examine the goods immediately and with due diligence for quality and quantity deviations and to notify us of obvious defects within 7 days from receipt of the goods in writing; timely dispatch is sufficient for compliance with the deadline. This also applies to later discovered hidden defects from the time of discovery. In the event of a violation of the obligation to inspect and give notice of defects, the assertion of warranty claims is excluded.

c) In the case of defects, we provide warranty by repair or replacement at our discretion. If the rectification of defects fails, you can demand a reduction or withdraw from the contract at your choice. The rectification is considered to have failed after an unsuccessful second attempt, unless otherwise results, in particular, from the nature of the item or the defect or other circumstances. In the case of rectification, we do not have to bear the increased costs incurred by transporting the goods to a place other than the place of performance, provided that the transport does not correspond to the intended use of the goods.

d) The warranty period is one year from delivery of the goods. The shortened warranty period does not apply to culpably caused damages from the injury to life, body, or health and grossly negligent or intentionally caused damages or malice, as well as in the case of recourse claims according to §§ 478, 479 BGB.

§ 8 Liability

(1) We are liable without limitation for damages resulting from injury to life, body, or health. Further, we are liable without limitation in all cases of intent and gross negligence, in case of malicious concealment of a defect, upon assumption of guarantee for the condition of the purchase item, and in all other legally regulated cases.

(2) The liability for defects within the scope of the statutory warranty complies with the corresponding provision in our customer information and general terms and conditions.

(3) If essential contractual obligations are affected, our liability in cases of slight negligence is limited to the contract-typical, foreseeable damage. Essential contractual obligations are essential duties that arise from the nature of the contract and whose violation would jeopardize the achievement of the purpose of the contract as well as duties that the contract imposes on us according to its content for the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance you can regularly rely.

(4) In the case of a breach of insignificant contractual obligations, liability for slightly negligent breaches of duty is excluded.

(5) Data communication over the Internet cannot be guaranteed error-free and/or available at all times according to the current state of technology. We are neither liable for the constant nor uninterrupted availability of the website and the services offered there.

§ 9 Choice of Law, Place of Fulfillment, Jurisdiction

(1) The contract language is German.

(2) German law applies exclusively. For a consumer, this choice of law only applies to the extent that it does not restrict any mandatory statutory provisions of the state in which he has his residence or usual abode.

(3) The place of fulfillment for all services from the business relationships existing with us as well as jurisdiction is our seat, as long as you are not a consumer, but a merchant, legal entity of public law or public special fund. The same applies if you do not have a general place of jurisdiction in Germany or the EU, or if the domicile or usual place of residence is not known at the time of filing a lawsuit. The authority to also call the court at another legal court of jurisdiction remains unaffected.

Dispute Resolution

The European Commission provides a platform for online dispute resolution (OS): 

https://ec.europa.eu/consumers/odr/.

Our email address can be found in the imprint.
We are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.

Right of Withdrawal for Consumers and Entrepreneurs (B2B)

A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed professional activity.

Instructions on Withdrawal

Right of Withdrawal for Consumers

You have the right to withdraw from this contract within thirty days without giving any reason.

The withdrawal period is thirty days from the day,

(1) on which you or a third party named by you, who is not the carrier, has taken possession of the goods, provided you have ordered one or more goods as part of a single order and these are or will be delivered uniformly;

(2) on which you or a third party named by you, who is not the carrier, has taken possession of the last goods, provided you have ordered several goods as part of a single order and these are delivered separately;

(3) on which you or a third party named by you, who is not the carrier, has taken possession of the last partial shipment or the last piece, provided you have ordered a product that is delivered in several partial shipments or pieces;

To exercise your right of withdrawal, you must inform us (GfS–Gesellschaft für Safety and Security products, Tempowerkring 15, 21079 Hamburg, Telephone number: +49 40 790195-0, Email address: info@gfs-online.com) by means of a clear statement (e.g. a letter sent by post, or email) of your decision to withdraw from this contract. You can use the provided model withdrawal form, but it is not obligatory. You can find the form under the section Return and Withdrawal.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of Withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and not later than thirty days from the day on which we are informed about your decision to withdraw from this contract.

We may withhold reimbursement until we have received the goods back, or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us without undue delay and in any event not later than thirty days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of thirty days has expired.

You will have to bear the direct cost of returning the goods that can be shipped as well as the direct cost of returning non-shippable goods. The costs for non-shippable goods are estimated at a maximum of approximately 30 EUR.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

Right of Withdrawal for Entrepreneurs (B2B)

You are an entrepreneur and not a consumer within the meaning of §13 BGB? Then there is the possibility that we take back goods out of goodwill under the following conditions. Please inquire about the return beforehand with us.

Insofar as we voluntarily take back goods, the following applies: Only goods in proper, saleable condition that are not special custom-made products or orders are eligible for return. Upon return of the goods, you will receive a refund of the value of the goods, less a restocking fee.

The restocking fee is a flat rate of 10% of the value of the returned goods per item, unless a different value is agreed upon at the time of return.

Exclusion or Expiry Reasons

The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for whose manufacture an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.

The Right of Withdrawal Expires Prematurely for Contracts

for the delivery of goods if they have been inseparably mixed with other goods after delivery due to their nature; for the delivery of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery.

Battery Disposal

In connection with the sale of batteries or with the delivery of devices that contain batteries, we are obliged to inform you of the following:

You are legally obliged as the end user to return used batteries. You can return old batteries, which we carry or have carried as new batteries in our range, free of charge at our shipping warehouse (shipping address). The symbols shown on the batteries have the following meaning:

The symbol of the crossed-out wheeled bin means that the battery should not be disposed of with household waste.

Pb = Battery contains more than 0.004 mass percent lead
Cd = Battery contains more than 0.002 mass percent cadmium
Hg = Battery contains more than 0.0005 mass percent mercury.

Please note the above instructions.