General Terms and Conditions

The data controller is:

GEDA-Labels GmbH
represented by the managing directors
Gerald Knetsch and Daniel Rood
Gropiusstr. 3
31137 Hildesheim, Germany

Email: info@gedalabels.de

Phone: +49 5121 703130

1. Scope

The following terms and conditions apply to all orders placed via online platforms of marketplaces for consumers and entrepreneurs.

For Germany, the following applies: According to § 13 BGB (German Civil Code), consumers are any natural persons who enter into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity.

For Austria: In the following terms and conditions, “consumer” refers to the “consumer” as defined by the Consumer Protection Act (KSchG).

For Switzerland: In the following terms and conditions, “consumer” refers to the “consumer” as defined by Swiss law.

2. Contractual partners, conclusion of contract, correction options

The purchase contract is concluded with the respective operators of the online marketplaces and directly with GEDA-Labels GmbH for orders placed via the Amazon platform.

The presentation of products on the various online marketplaces does not constitute a legally binding offer, but rather a non-binding online catalog. You can initially place our products in your shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the order process. By clicking on the order button, you are submitting a binding offer for the products contained in the shopping cart. Confirmation of receipt of your order will be sent by email immediately after the order has been submitted.

We accept your offer, which is transmitted to us by the online marketplaces, within two days by

• sending a declaration of acceptance in a separate email (order acceptance confirmation)

3. Contract language, contract text storage

The language(s) available for the conclusion of the contract depend on the optional language selection of the online marketplaces.

We will store the contract text and send you the order details and our terms and conditions in text form.

4. Subject matter of the contract

4.1 Product description

Please note that the respective product description is an essential part of the contract.

4.2 Product images

Notwithstanding your statutory warranty rights, we would like to draw your attention to the following special features. If you have any questions, please contact us:

Due to individual screen configurations (e.g., resolution and brightness), slight deviations between the colors shown and the actual product colors are possible.

For wood products, natural variations in the grain, structure, and color of the wood are possible.

5. Delivery conditions

5.1 Delivery area

We deliver within Germany, Austria, and Switzerland.

5.2 Delivery options

We ship the products to the delivery address specified in the order process.
We deliver only by shipping. Unfortunately, it is not possible to pick up the goods yourself.

6. Right of withdrawal

You are entitled to the statutory right of withdrawal as described in the withdrawal policy of the respective online marketplaces.

7. Retention of title

The product remains our property until full payment has been received.

For customers based in Switzerland, we are entitled to make a corresponding entry in the retention of title register.

The following also applies to entrepreneurs: We retain ownership of the product until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale in the amount of the invoice amount, irrespective of any combination or mixing of the goods subject to retention of title with a new item, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations. At your request, we will release the securities to which we are entitled to the extent that the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.

8. Damage during transport

For consumers: If goods are delivered with obvious damage during transport, please report such defects to the delivery agent as soon as possible and contact us immediately. Failure to file a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, you help us to assert our own claims against the carrier or transport insurance company.

For entrepreneurs, the following applies: The risk of accidental loss and accidental deterioration is transferred to you as soon as we have delivered the goods to the forwarding agent, the carrier, or any other person or institution designated to carry out the shipment.

9. Guarantee and warranties

9.1 Liability for defects

The following applies to consumers based in Germany and Austria:
The statutory liability for defects applies.

The following applies to consumers based in Switzerland:

They should check the condition of the item received as soon as practicable in the normal course of business and, if defects are found for which the seller is liable, notify the seller immediately. If the consumer fails to do so, the purchased item shall be deemed to have been approved, unless the defects were not apparent during a normal inspection. If such defects become apparent later, notification must be made immediately after discovery, otherwise the item shall also be deemed to have been approved with regard to these defects.

Please return the defective product to us with a description of the defect. You shall bear the transport costs incurred. We provide warranty by remedying defects. This is done at our discretion either by eliminating the defect (repair) or by delivering a defect-free item (replacement delivery). If the subsequent performance fails, you are entitled to withdraw from the contract. This does not apply in the case of insignificant defects. A right to a price reduction is excluded.

The following applies to entrepreneurs and merchants:

Unless expressly agreed otherwise below, the statutory liability for defects shall apply.

The following restrictions and shortened periods shall not apply to claims based on damage caused by us, our legal representatives, or vicarious agents

• in the event of injury to life, limb, or health
• in the event of intentional or grossly negligent breach of duty as well as malice
• in the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
• within the scope of a guarantee promise, if agreed, or
• insofar as the scope of application of the Product Liability Act is opened.

Restrictions for entrepreneurs

For entrepreneurs, only our own information and the manufacturer's product descriptions included in the contract are considered an agreement on the quality of the goods; we accept no liability for public statements made by the manufacturer or other advertising claims. For entrepreneurs, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The previous sentence does not apply to goods that have been used for a building in accordance with their normal use and have caused its defectiveness. The sale of used goods is carried out to the exclusion of any warranty. The statutory limitation periods for recourse claims under Section 445a of the German Civil Code (BGB) remain unaffected.

Note for merchants

Merchants are subject to the obligation to inspect and give notice of defects as stipulated in § 377 HGB (German Commercial Code). If you fail to give notice as stipulated therein, the goods shall be deemed to have been approved, unless there is a defect that was not apparent during the inspection. This shall not apply if we have fraudulently concealed a defect.

9.2 Warranties and customer service

Information on any additional warranties that may apply and their exact terms and conditions can be found with the product and on special information pages in the online shop.

Customer service: kundenservice@gedalabels.de

10. Liability

We shall always be liable without limitation for claims based on damage caused by us, our legal representatives, or vicarious agents

• in the event of injury to life, limb, or health,
• in the event of intentional or grossly negligent breach of duty,
• in the event of warranty promises, if agreed, or
• insofar as the scope of application of the Product Liability Act applies.

In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely, (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, liability shall be limited to the amount of damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.

Otherwise, claims for damages are excluded.

11. Dispute resolution

We are prepared to participate in out-of-court arbitration proceedings before a consumer arbitration board.

12. Final provisions

If you are an entrepreneur, German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.

If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.

Should individual clauses of these General Terms and Conditions be wholly or partially invalid, the remainder of the contract shall remain valid. Insofar as individual clauses are invalid, the content of the contract shall be governed by the statutory provisions.