General terms and conditions

General Terms and Conditions

Status:  May 2023

1. validity

The General Terms and Conditions apply to all legal transactions conducted via the online shop;www.galaxus.nl(hereinafter referred to as the "Online Shop"). The GTC are thus an integral part of all contracts that Galaxus Deutschland GmbH (hereinafter referred to as Galaxus) concludes with the customer for the delivery or service it offers. Any terms and conditions of the customer that conflict with or deviate from these GTC shall not be recognised.

Galaxus reserves the right to amend these GTC at any time. The version of these GTC in force at the time of the order shall apply in each case.

2. exhibition of the products and services in the online shop

The display and description of products and services in the online shop is aimed exclusively at a clientele with a delivery address in the Netherlands; the display and description of purely digital products and services is aimed exclusively at a clientele resident in the Netherlands. A different billing address is possible. Customers with a delivery address or domicile in selected other member states of the European Union, Switzerland or Liechtenstein can only place orders via the respective country-specific page of Galaxus or Digitec Galaxus AG. The use of these sites is subject to separate terms and conditions. Galaxus does not offer any VAT refunds for goods that are independently transferred to third countries.

The exhibitions and descriptions are valid as long as the product can be found via the search engine in the online shop and/or the stock lasts.

3. conclusion of contract

By submitting an order via the shopping basket of the online shop, the customer makes an offer to Galaxus to purchase the contents of the shopping basket. Receipt of the order is confirmed by Galaxus in an automatic e-mail to the customer (order confirmation). This order confirmation does not constitute acceptance of the customer's offer, but merely confirms receipt and further processing of the offer by Galaxus.

The contract between Galaxus and the customer shall come into effect upon confirmation of dispatch of the goods. If, in exceptional cases, no dispatch confirmation is received, the contract shall be concluded at the latest when the goods are received by the customer. If goods from a customer's order process are dispatched separately, a purchase contract between Galaxus and the customer shall come into effect with each dispatch confirmation, or with the respective receipt of the individual goods. Galaxus is entitled to make partial deliveries, unless these constitute an unreasonable disadvantage to the customer.

Notwithstanding the right of cancellation according to clause 4, the customer may cancel his order for a product free of charge at any time before the relevant shipping confirmation has been sent.

For all product orders with a minimum age requirement of 18 years (in particular alcohol and tobacco products), the customer confirms compliance with these legal provisions with the order.

Orders in non-household quantities may be refused without justification.

4. consumer right of withdrawal

Customers who place an order with Galaxus as consumers within the meaning of Section 13 of the German Civil Code (BGB) are entitled to the statutory consumer right of revocation pursuant to Sections 4.1 to 4.3 below. Sections 4.1 to 4.3 do not apply to customers who are entrepreneurs within the meaning of Section 14 of the German Civil Code.

4.1 Revocation of your order

Cancellation policy

Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reason.

The revocation period is as follows

  1. fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods;
  2. in the case of a contract for several goods which the consumer has ordered as part of a single order and which are delivered separately, fourteen days from the day on which you or a third party named by you, who is not the supplier, have taken possession of the last goods and
  3. in the case of a contract for the delivery of goods in several partial consignments or pieces, fourteen days from the day on which you or a third party named by you, who is not the supplier, have taken possession of the last partial consignment or the last piece.

 

To exercise your right of withdrawal, you must contact us:

Galaxus Germany GmbH
Schützenstraße 5
22761 Hamburg

+49 (0)40 334 614 747
galaxus@galaxus.nl

by means of a clear declaration (e.g. a letter sent by post or by mail);E-mail) about your decision to revoke this contract. You can use the enclosed model cancellation form for this purpose, which is not mandatory.

You can use the Sample cancellation form on our websiteYou can also fill in and send us another clear declaration electronically on our website www.galaxus.nl (in your individual customer account) or the sample cancellation form by pdf download. If you make use of this option, we will immediately send you a confirmation (e.g. by e-mail) of the receipt of such a cancellation.

To comply with the cancellation period, it is sufficient for you to send the notification of the exercise of the right of cancellation before the end of the cancellation period.

4.2 Consequences of the statutory revocation

If you cancel this contract, we will return to you all payments we have received from you, including the delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us).The customer is obliged to pay back the purchase price without delay and at the latest within fourteen days from the day on which we receive the notification of cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless otherwise expressly agreed with you; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to Galaxus Deutschland GmbH, Hans-Günther-Sohl-Straße 2-4, 47807 Krefeld, Germany, without delay and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline shall be deemed to have been met if you return the goods before the expiry of the fourteen-day period. We shall bear the costs of returning the goods.

You shall only be liable for any loss in value of the goods if this loss in value is attributable to handling of the goods that is not necessary for testing the quality, characteristics and functioning of the goods.

4.3 Non-existence of the right of withdrawal

The right of withdrawal does not exist for contracts

  • for the delivery of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is required or which are clearly tailored to the personal needs of the consumer,
  • for the delivery of goods that can spoil quickly or whose expiry date would be quickly exceeded,
  • for the delivery of sealed goods which are not suitable for delivery for reasons of health protection or hygiene if their seal has been removed after delivery,
  • for the delivery of goods if these have been inseparably mixed with other goods after delivery due to their nature,
  • for the delivery of alcoholic beverages, the price of which was agreed at the time of the conclusion of the contract, but which can be delivered at the earliest 30 days after the conclusion of the contract and the current value of which depends on fluctuations in the market over which the entrepreneur has no influence,
  • for the delivery of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery,
  • for the delivery of newspapers, periodicals or magazines with the exception of subscription contracts

 

4.4 Voluntary right of disposal

In addition to the statutory consumer right of withdrawal, Galaxus grants all customers a supplementary voluntary right of withdrawal for a total of 100 days from receipt of the goods. This voluntary right of return in no way restricts the statutory rights of consumers and thus in particular their statutory right of cancellation described above. For the return of goods on the basis of this voluntary right of return, the following provisions shall apply;Rückgaberichtlinie the Galaxus.

5. dates

When the order is confirmed, the customer will be notified of a provisional delivery date or the customer will be contacted and an individual delivery date agreed. Galaxus attaches great importance to providing up-to-date and accurate information on availability and delivery times in the online shop. However, delivery delays may occur, particularly due to production or delivery bottlenecks. All information on the availability and delivery time of products therefore does not represent binding or guaranteed shipping or delivery dates, unless this is expressly stated as a binding date in the shipping options of the respective product.

The occurrence of any delay in delivery shall be determined in accordance with the statutory provisions, whereby a reminder by the customer shall be required in any case.

6. delivery and dispatch

In the case of products and services from Galaxus, the Customer has all delivery and collection options (including, where applicable, by way of downloading digital content), which are noted in the online shop under Delivery and Collection.

If a delivery option is subject to a charge, this will be indicated to the customer in the order overview.

If available, Galaxus may offer the Customer the option of a surchargeable delivery in which the CO2 emissions (CO2 footprint) generated in the value chain (from production to delivery to the Customer) are fully or partially offset by Galaxus. The costs of CO2-compensated delivery amount to a maximum of 5% of the value of the goods in the order in question. If this delivery option is available, it will be indicated to the customer in the order overview, together with the delivery costs incurred in each individual case. Galaxus will pass on the delivery costs incurred when selecting this delivery option, insofar as they exceed the costs of the cheapest standard delivery, in full to third-party suppliers who hereby support selected environmental projects. The costs of CO2-compensated delivery shall only be incurred if a purchase contract is effectively concluded, but shall not be reimbursed if the voluntary right of cancellation is exercised in accordance with Section 4 (4) of these General Terms and Conditions, cf. Section 357 (2) sentence 2 of the German Civil Code (BGB). Galaxus accepts no responsibility for the accuracy of the calculation of the CO2 footprint and the delivery costs, nor for any additional information and assurances provided by the respective shipping service provider or third-party supplier.

The customer's delivery address must be in the Netherlands and easily accessible by truck. If this is not the case, the customer shall bear any additional costs.

Parcel goods are always delivered exclusively to the customer's home. In the case of goods for forwarding, delivery is generally made to the place of use and at least to the kerbside. In this case, the customer is responsible for ensuring that access to the place of use is possible and guaranteed. The customer must check whether the product fits through the access routes (e.g. staircase, doors, etc.). If the product cannot be transported to the place of use, the customer shall bear any additional costs.

If the customer does not accept the ordered goods on the delivery date, although the delivery date was agreed or announced with a reasonable period of time, or if the delivery is not possible because the goods do not fit through the train, the customer shall bear the costs of the unsuccessful delivery.

7. product images and prices

Images of products in advertising, brochures, online shop, etc. are for illustration purposes and are not binding.

All sales prices published in the online shop are final prices that include all taxes (in particular VAT). Any additional services ordered that are subject to a charge, such as assembly, disposal, etc., will be listed separately in the shopping basket and on the invoice.

Despite great efforts and control, it can happen that prices on individual products are inadvertently displayed incorrectly. Galaxus checks the prices listed in the online shop at regular intervals. Should this check reveal an error in the price display and should the actual purchase price be higher than the purchase price displayed in the online shop, the customer shall be informed immediately. If the contract has not yet been concluded at this point, the customer can decide whether he/she wishes to maintain the order at the correct purchase price or cancel the order.

The customer is advised that, due to the volume and speed with which orders are processed, it cannot be ruled out that incorrect price information will only be discovered after the contract has been concluded, i.e. after receipt of a shipping confirmation or after delivery of the goods. In such cases, Galaxus shall remain fully entitled to contest the contract in accordance with the statutory provisions.

8. payment methods and retention of title

The payment options offered to the customer in the online shop under „Payment Options“ are available to the customer.

The goods remain the property of Galaxus until the purchase price has been paid in full.

9 Warranty and limitation of liability

9.1 Basic provisions

The customer is entitled to the statutory warranty rights.

If the subsequent replacement has been made by way of a replacement delivery, the customer shall be obliged to return the original goods to Galaxus at the latest within 30 days at Galaxus' expense. The defective goods must be returned in accordance with the statutory provisions. Galaxus reserves the right to assert any claims for damages.

In the case of the purchase of goods with digital elements, the respective digital content or services are not provided by Galaxus, but by the respective manufacturer. Galaxus is not obliged to do so vis-à-vis consumers.

Galaxus shall be liable for damages resulting from a wilful or grossly negligent breach of duty by Galaxus or a legal representative or vicarious agent of Galaxus. Furthermore, Galaxus shall also be liable for negligent breaches of duty insofar as these relate to an essential contractual obligation, i.e. an obligation whose fulfilment is essential to the proper performance of the contract;The fulfilment of this obligation is essential for the proper execution of the contract and on the observance of which the customer regularly relies and may rely. Damages for the breach of an essential contractual obligation shall be limited to the foreseeable, typically occurring damage.

In all other cases, the liability of Galaxus shall be excluded. Insofar as the liability of Galaxus is excluded or limited, this shall also apply to the personal liability of its employees, representatives and vicarious agents.

The aforementioned limitation of liability shall not apply in the event of injury to body, health and life, in the event of defects following the assumption of a guarantee for the quality of the respective product or in the event of fraudulently concealed defects.

Liability under the German Product Liability Act remains unaffected;

Any manufacturer's warranties are subject exclusively to the manufacturer's terms and conditions and do not justify any claims on the part of the customer against Galaxus. This also applies if Galaxus offers assistance in the handling of warranty cases.

 

9.2 Additional provisions for used goods

Products which have already been replaced and which are marked in the online shop as „used + tested", „as good as new + tested", or „reconditioned“ (hereinafter: Used goods) may show signs of wear and tear, soiling from previous use, minor defects that do not or only insignificantly impair normal use.The goods shall not be deemed to have any defects, faults or functional limitations that do not or only insignificantly restrict normal use, or any other limitations typical of used goods. These limitations are indicated in the item details and thus correspond to the subjective requirements within the meaning of the law on warranties. The customer shall carefully check the respective item details before ordering second-hand goods in order to avoid misunderstandings.

 

10 Further limitations of liability

The conditions set out under this link available limitations of liability.

 

11 Choice of law, place of jurisdiction and general provisions

The legal relationship between Galaxus and the customer shall be governed exclusively by German substantive law. In addition, mandatory provisions of the law of the country in which the Customer has his habitual residence shall apply if the Customer concludes a purchase contract that cannot be attributed to his professional or commercial activity (consumer contract).

The non-exclusive jurisdiction of the courts of the city of Hamburg is agreed. This means that you can file claims in connection with these terms and conditions of sale arising from consumer protection standards either in Germany or in the EU member state in which you live.

If the customer is a merchant or a legal entity under public law, the place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship shall be Hamburg. Galaxus shall, however, also be entitled to bring an action at the customer's general place of jurisdiction. We are neither prepared nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.

Any invalidity of individual provisions of the contract shall not affect the remaining part of the contract.

If these General Terms and Conditions of Business are breached by the customer and Galaxus does not take immediate action against this, this shall not constitute a waiver from any point of view, but at most a gesture of goodwill. Galaxus shall thus remain entitled to exercise all its rights vis-à-vis the customer in the event of a further breach.