TERMS & CONDITIONS
Terms and conditions
• § 1 Scope and supplier
• § 2 Conclusion of the Contract
• § 3 Prices and shipping costs
• § 4 Delivery terms
• § 5 Terms of payment
• § 6 Retention of title
• § 7 Right of withdrawal
• § 8 Transport damages
• § 9 Warranty
• § 11 Retail
• § 12 Final clauses
§ 1 Scope and supplier
These Terms and Conditions shall apply to all contracts, customers and traders transact with www.goldheit.de (Ennia GmbH). A consumer is any legal entity which concludes a legal transaction for a purpose that cannot be ascribed to a commercial or independent business activity (§ 13 BGB). For the purpose of the order the Terms and Conditions can be saved on the computer or printed out. If periods are indicated as business days, it means all weekdays without saturdays, sundays, and public holidays.
§ 2 Conclusion of the contract
§ 2.1 The product presentations in the seller's online shop serve the purpose of submitting a bid whereas a sales contract is only concluded by the seller's order confirmation, at the latest however by the unconditional acceptance of the merchandise by the customer. The customer is placing a binding order for the listed articles on the order page when clicking the button [Zahlungspflichtig Kaufen].
§ 2.2 We can accept your order either by sending you an order confirmation by e-mail or by delivering the goods within a period of five days. Electronic confirmation of receipt of the order in no way constitutes acceptance of the offer for the order. The contract of sale shall be concluded exclusively between the buyer/would-be purchaser and the seller in that the seller (Ennia GmbH) accepts the offer made by the buyer/would-be purchaser. The order confirmation shall be concluded by sending a shipping confirmation or latest by sending the goods.
§ 3 Prices and shipping costs
The prices stated on the product pages include the statutory value-added tax as well as other price components.
Shipping and handling currently amounts 4,99€ for the shipping to Germany.
We deliver free of cost at company premises from an order value of 50 €.
When in stock, and upon receipt of payment, orders will be fulfilled, securely packaged and sent out climate-neutrally by DHL GoGreen within 1-3 business days, if the product does not contain any relevant different delivery time. Predefined delivery times are calculated from the day on sending you our confirmation of despatch.
Fot the shipment in Europe the shipping costs could be betwenn 11,99 € and 15,99 €.
11,99 €: Austria, Czech Republic, Denmark, France, Belgium, Luxemburg, the Netherlands, Poland,
12,99 €: Great Britain (England, Wales, Scottland, Northern Ireland), Hungary, Slowenia, Slowakia, Schweden, Finnland, Lithuania, Latvia, Estonia, Kroatia, Malta, Portugal, Romania, Spain, Cyprus, Italy, Ireland, Greece, Bulgaria
15,99 €: Norway
We deliver free of cost at company premises from an order value of 200 € to european countries.
When in stock, and upon receipt of payment, orders will be fulfilled, securely packaged and sent out climate-neutrally by DHL International Premium GoGreen within 1-3 business days, if the product does not contain any relevant different delivery time. Predefined delivery times are calculated from the day on sending you our confirmation of despatch.
§ 4 Delivery terms
§ 4.1 Orders will be securely packaged and sent out climate-neutrally by DHL DHL GoGreen to Germany and by International Premium GoGreen to Europe.
§ 4.2 The delivery time amounts to approximately 1-3 business days, if the product does not contain any relevant different delivery time.
§ 4.3 Should not all products ordered be in stock, we reserve the right of partial delivery on our expenses, as far as this will be reasonable for you.
§ 4.4 Should the ordered product not be available because our delivery contractors cannot re-deliver this product without it being at our own liability, then we can withdraw from the contract. In this case we will contact you immediately and you may propose to supply a comparable product. If there is no comparable product available, or you do not want, that we supply a comparable product, we will, if necessary, refund services already rendered forthwith.
§ 4.5 There is no minimum order value. No liability is accepted for for the expected compliance with the delivery date or delivery time. The customer has not right on delivery or subsequent supply of products which can not be supplied due to unforeseen problems (e.g. unforeseeable strength of demand, changes in assortment at short notice, temporarily out-of-stock items). With the departure of the merchandise from the delivery depot of Ennia GmbH, the responsibility for the merchandise is on the consumer.
§ 5 Terms of payment
§ 5.1 The payment shall be made exclusively by prepayment through PayPal, credit card or Sofortüberweisung (SOFORT).
§ 5.2 The billing amount has to be transfered immediately to our bank account. (PayPal, credit card or Sofortüberweisung). The purchase price and the shiping costs becomes due for payment immediately after mailing of the order confirmation. The purchase price is made up from the purchase price and the forwarding charge.
as far as such are raised.
The customer has the option to pay through PayPal, credit card or Sofortüberweisung (SOFORT).
§ 6 Retention of title
Contract good remains our property until completely payment.
§ 7 Right of withdrawal
The client has the right to return the received goods within 14 (fourteen) days after receipt without giving any reasons. The withdrawal period is two weeks from the date of that day you or a third party (excluded the carrier) has actually received the goods. You need to write us through letter (Ennia GmbH, GOLDHEIT -Zentrale, Steppach 23, 96178 Pommersfelden, Germany) or email (firstname.lastname@example.org) or fax +49(0)95489839281, to excercise your right of withdrawal. The timely despatch of the revocation or the goods shall be deemed sufficient for compliance with the revocation term.
Consequences of cancellation: If you have cancelled the contract, we will repay all of your payments, we got from you, including delivery costs within 14 days from the date of that day we received the goods back. Exception: If you did not choose the standard delivery or the delivery method we offer in our web pages, we will not repay the shipping costs in case of cancellation. Primarely we use for the repayment the same payment method, you have chosen before. But nevertheless, please enter your bank account details and the name of the account holder to avoid any delays for the repayment. In any event you shall not pay any charges for the repayment. In any case please send the goods back to Ennia GmbH immediately, but latest within 14 days, after notifying us about the cancellation. The deadline is met if the notification is sent before the withdrawal period has expired. The goods being returned have to be sent back completely, in any case in transport-safe packaging including sturdy outer boxes. The postage fees for mail or shipments sent to us must be paid in full by the sender, otherwise we will not accept delivery. Return costs are your responsibility. The consumer shall only be liable for any diminished value of the goods resulting from the handling other than what is necessary to ascertain the nature and functioning of the goods. We reserve the right to reduce the amount of the refund, if the goods have already been used, and if a reduction in value because of wear and tear or improper use can be detected.
The right of cancellation does not apply to the delivery of goods that are manufactured according to customer specifications or that have been clearly tailored to personal requirements. For health reasons the right of cancellation does not apply for goods, if the sealing of consumer packages are removed.
Phone: +49 (0) 9548 / 98 39 280
Fax: +49 (0) 9548 / 98 39 281
§ 8 Transport damages
§ 8.1 If goods are delivered with apparent transport damages, please reclaim such faults immediately to the deliverer, and contact us as fast as possible.
§ 8.2 Missing a complaint or a contact approach has no consequences for your legal warranty laws however. But you help us to assert our own claims towards the carrier or the transport assurance.
§ 9 Warranty
The legal statutory guarantee periods and rights shall apply for items offered over this website.
1. CAPTURE, PROCESSING AND USE OF PERSONAL DATA
Customers’ personal data is captured, saved, processed and transmitted only to the extent demanded by the business relationship and in accordance with statutory requirements.
You can visit our website www.goldheit.de without specifying any personal details. We only save access data which is not of a personal nature, such as the name of your internet service provider, the browser software you use and the number of hits on the respective pages. This data is assessed exclusively with a view to enhancing our offering. It can not be traced back to you.
You can contact us by phone +49 9548 98 39 280 or by fax +49 9548 98 39 281. If you contact us by contact form entries or by email (email@example.com), you agree that an electronic communication is ok.
When you establish contact with us, personal data shall be collected. In the corresponding contact form, you may find which types of data are collected when using a contract form. Your data shall be sent using SSL encryption. The information you provide shall only be stored for the purpose of processing requests, posts or messages and for possible follow-up questions.
We employ contractual, organisational and technical safety measures, with due regard to the state of the art, in order to ensure adherence to the provisions of data protection laws and for the protection of data that we process against accidental or intentional manipulation, loss, destruction and access by unauthorised persons.
These safety measures especially include the encrypted transfer of data between your browser and our server. For this purpose, we use SSL encryption. This includes your IP address.
The safety measures being used are constantly improved in line with technological development. Despite these precautions and due to the insecure nature of the Internet, we cannot guarantee the safety of your data transfer to our online offer. Consequently, any data transfer you perform to our online offer is at your own risk.
According to Art. 6 para. 1 item (b) of the GDPR, personal data shall be collected and processed if you provide them to us for the performance of a contract or the opening of a customer account or subscribe to our newsletter. The respective entry forms may be inspected to determine which data are being collected. The deletion of your customer account is possible at any moment and may be carried out by sending a notification to the above-mentioned address of the responsible person. We store and use the data you provided for contract performance. After full performance of the contract or the deletion of your customer account, your data shall be blocked with regard to tax and commercial statutory retention periods and erased after the expiration of these periods, unless you have expressly consented to further use of your data or if we reserve the right to a legally permitted further use of data of which you shall be duly informed below.We do not pass on customers’ email addresses to third parties. We only pass on customer data to third parties insofar as this is necessary for the dispatch of product samples or advertising materials by post.
SOFORT / Sofortüberweisung
When paying using SOFORT, we immediately receive the transfer credit note. For this purpose, you shall provide SOFORT GmbH (Sofort GmbH, Theresienhöhe 12, D-80339 München) with the bank account number, bank code, PIN and TAN via the secure payment form which we cannot access. SOFORT GmbH provides automated and real-time transfer to your online bank account. The due purchase amount shall be transferred immediately and directly to our bank account. If you choose the Sofortüberweisung payment method, a pre-filled form shall open at the end of the ordering process containing our bank details. The due transfer amount as well as the purpose of use shall also be entered. In the form you must specify the country in which the online banking account is located and the bank code. In order to execute the Sofortüberweisung transfer, you must enter the account number and PIN to log in to the online banking account and provide confirmation by entering the TAN. The transaction shall be confirmed immediately. In general, every user may choose Sofortüberweisung as their payment method, if they have an active online banking account with a PIN/TAN procedure. Take note that certain banks do not have the Sofortüberweisung option available.
A simple and fast processing of your order is guaranteed when paying with a credit card. All you have to do is enter your credit card number and the 3–4-digit control number on the back of the credit card and the date on which the credit card expires. If your credit card is protected by the MasterCard 3D-Secure or Verified by Visa systems, you will be redirected to a secure website of your credit card issuing bank where you will have to enter the protection code. As soon as the credit card is accepted, the payment shall be considered as effected. The shipping of your items will be activated as soon as the credit card is accepted.
2. USE OF INSTAGRAM PLUG-INS
On our website so-called social plugins (“plugins”) are used coming from Instagram which is operated by Instagram LLC, 1601 Willow Road, Menlo Park, CA 94025, USA (“Instagram”). The plugins are labelled with an Instagram logo, for instance in the form of an “Instagram camera.” If you call up a page of our website containing such a plugin, your browser sets up a direct connection to Instagram’s servers. The contents of the plugin are transmitted directly from Instagram to your browser and integrated into the page. Via this integration Instagram directly receives the information that your browser has called up the corresponding page of our website even if you do not have any Instagram profile or are not presently logged into Instagram. This information (including your IP address) is transmitted directly from your browser to a server of Instagram in the United States and stored there.
If you are logged in to Instagram, then Instagram can directly attribute your visit to the homepage of your Instagram account. When you interact with the plugins, for instance by activating the “Instagram” button, that information is likewise transmitted directly to an Instagram server and stored there. The information is additionally published on your Instagram account and shown there to your contacts.
For the purpose and scope of data collection and further processing and use of your data by Instagram as well as your relevant rights and configuration options to protect your private sphere, please see Instagram’s data protection pointers: https://help.instagram.com/155833707900388/.
If you do not wish to have Instagram attribute the data collected via our website directly to your Instagram account, you must log out of Instagram before you visit our website. You can also completely prevent the Instagram plugins from loading up on your browser with an addon such as the script blocker “NoScript” (http://noscript.net/).
3. LINK TO INSTAGRAM, FACEBOOK AND PINTEREST
5. USE OF GOOGLE ANALYTICS
This website utilizes Google Analytics, a web analytics solution from Google Inc. (“Google”). Google Analytics deploys “cookies”: text files stored on your computer in order to analyze how you use the website. The information generated by the cookie is normally transmitted to and stored on a Google server in the U.S. If IP anonymization is activated on this website, your IP address will, however, be abbreviated by Google in advance within the member states of the European Union and other states which are signatories to the agreement on the European Economic Area. The full IP address will only be transmitted to and abbreviated on a Google server in the U.S. in exceptional cases. Google will use the information on behalf of the operator of this website to analyze how you use the website, compile reports on site activity, and provide other services to the website operator related to use of this website and the Internet. The IP address transmitted by your browser through Google Analytics will not be linked with any other data held by Google. You can prevent cookies being stored on your computer by selecting the appropriate setting in your browser software. However, we would like to point out that, if you do so, you may not be able to make full use of the functions offered on this website.
6. INFORMATION OF THE USE AND DELETION OF DATA
Customers have the right to receive information on any data stored in respect of their person. They are welcome to contact directly, Anja Hentschel, CEO of Ennia GmbH, with any queries. Customers are entitled to request that their data be corrected, blocked or deleted. This can be done by writing to
GOLDHEIT - Datenschutz
Valid for all retailers / wholesalers / partners: It is prohibited to sell GOLDHEIT products on Amazon, Ebay, Rakuten, Shpock, willhaben.at or similar platforms without written permission of Ennia GmbH.
§12 Final clauses
In the event that a provision of these General Terms and Conditions and/or the respective contract of which these Terms and Conditions are a part is or becomes invalid, such invalid provision shall be replaced by a provision that fully or as far as possible complies with what the parties wanted, in legally valid form.
Valid from 01.01.2019
-Errors and omissions excepted-