WE DRILL YOUR SKILL

Terms and Conditions

General terms and conditions with customer information

1. scope of application
2. conclusion of contract
3. right of revocation
4 Prices and terms of payment
5. terms of delivery and dispatch
6 Retention of title
7. liability for defects
8. indemnity in case of infringement of third party rights
9. redemption of gift vouchers
10. redemption of promotion vouchers
11. applicable right
12. place of jurisdiction
13 Information on Online Dispute Resolution

1. scope of application

1.1 These General Terms and Conditions (hereinafter "GTC") of "GAIMX GmbH" (hereinafter "Seller") shall apply to all contracts concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller with respect to the goods displayed by the Seller in his online shop. Hereby the inclusion of own conditions of the customer is contradicted, unless otherwise agreed.

1.2 These GTC apply accordingly for the purchase of vouchers, unless otherwise expressly agreed.

1.3 For the purposes of these General Terms and Conditions, a consumer is any natural person who enters into a legal transaction for purposes which can predominantly neither be attributed to his commercial nor to his independent professional activity.

1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.

2. conclusion of contract

2.1 The product representations contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve to make a binding offer by the customer.

2.2 The customer can submit the offer via the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping basket and having gone through the electronic ordering process, the customer submits a legally binding contract offer with regard to the goods contained in the shopping basket by clicking the button that concludes the ordering process.

2.3 The Seller may accept the Customer's offer within five days,

- by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive in this respect, or

- by delivering the ordered goods to the customer, whereby the receipt of the goods at the customer is decisive in this respect, or

- by requesting payment from the customer after placing the order.

If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the dispatch of the offer by the customer and ends on the expiry of the fifth day following the dispatch of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.

2.4 When submitting an offer via the Seller's online order form, the text of the contract shall be stored by the Seller and sent to the Customer in text form (e.g. e-mail, fax or letter) together with these General Terms and Conditions after his order has been sent. In addition, the contract text is archived on the website of the seller and can be called up free of charge by the customer via his password-protected customer account stating the corresponding login data, provided that the customer has created a customer account in the seller's online shop before sending his order.

2.5 Before placing a binding order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the zoom function of the browser, with which the display on the screen is enlarged. Before placing a binding order, the customer can continually correct his entries using the usual keyboard and mouse functions as part of the electronic ordering process. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.

2.6 Only the German language is available for the conclusion of the contract.

2.7 As a rule, orders are processed and contacted by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct, so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or third parties commissioned by the seller to process the order can be delivered.


3. right of revocation

3.1 Consumers are generally entitled to a right of revocation.

3.2 Further information on the right of revocation can be found in the seller's revocation instructions.

3.3 The right of withdrawal does not apply to consumers who at the time of conclusion of the contract do not belong to any member state of the European Union and whose sole place of residence and delivery address at the time of conclusion of the contract is outside the European Union.


4 Prices and terms of payment

4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices which include the statutory value-added tax. If necessary, additional delivery and shipping costs will be stated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of money if the delivery is not made to a country outside the European Union but the customer makes the payment from a country outside the European Union.

4.3 Various payment options are available to the customer, which are specified in the seller's online shop.

4.4 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed otherwise.

4.5 If the SEPA Direct Debit payment method is selected, the invoice amount is due for payment after a SEPA direct debit mandate has been issued, but not before expiry of the period for advance information. The debit note is collected when the ordered goods leave the seller's warehouse, but not before expiry of the period for advance information. Pre-notification" means any communication (e.g. invoice, policy, contract) from the seller to the customer announcing a debit via SEPA direct debit. If the direct debit is not honoured due to insufficient account funds or due to the specification of incorrect bank details, or if the customer objects to the direct debit, although he is not entitled to do so, the customer must bear the fees arising from the chargeback of the respective credit institution if he is responsible for this. If the SEPA Direct Debit payment method is selected, the Selling Party reserves the right to carry out a credit assessment and to reject this payment method in the event of a negative credit assessment.

4.6 If the payment method "PayPal" is selected, payment is processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. This requires, among other things, that the customer opens a PayPal account or already has one.

4.7 If the payment method "IMMEDIATELY" is selected, payment is processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich, Germany (hereinafter "IMMEDIATELY"). In order to be able to pay the invoice amount via "IMMEDIATELY", the customer must have an online banking account with PIN/TAN procedure activated for participation in "IMMEDIATELY", authenticate himself accordingly during the payment transaction and confirm the payment order to "IMMEDIATELY". The payment transaction will be executed immediately thereafter by "IMMEDIATELY" and the customer's bank account will be debited. The customer can call up more detailed information on the "IMMEDIATELY" payment method on the Internet at https://www.klarna.com/sofort/...

5. terms of delivery and dispatch

5.1 The delivery of goods takes place regularly by way of dispatch and to the delivery address indicated by the customer. The delivery address given in the seller's purchase transaction is decisive for the settlement of the transaction. Deviating from this, if the payment method PayPal is selected, the delivery address deposited by the customer with PayPal at the time of payment shall be decisive.

5.2 If the carrier returns the shipped goods to the seller, as delivery to the customer was not possible, the customer shall bear the costs of unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller had notified him of the service a reasonable time in advance. Furthermore, this shall not apply with regard to the costs for the consignment if the customer effectively exercises his right of revocation. If the customer exercises his right of revocation effectively, the return costs shall be governed by the provisions of the seller's revocation instructions.

5.3 Self-collection is not possible for logistical reasons.

5.4 Vouchers are provided to the customer as follows:

    by email
    by download
    postal



6 Retention of title

If the seller makes advance payment, he retains title to the delivered goods until the purchase price owed has been paid in full.

7. liability for defects

7.1 If the object of purchase is defective, the provisions of the statutory liability for defects shall apply.

7.2 The customer is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.

8. indemnity in case of infringement of third party rights

If, in accordance with the contents of the contract, the Seller is also responsible for the processing of the goods in addition to the delivery of the goods in accordance with certain specifications of the customer, the customer must ensure that the contents provided to the Seller for the purpose of processing do not infringe the rights of third parties (e.g. copyrights or trademark rights). The customer indemnifies the seller against claims of third parties which the seller may assert against the seller in connection with a violation of their rights by the contractual use of the contents of the customer by the seller. The customer shall also bear the reasonable costs of the necessary legal defence, including all court and legal costs in the statutory amount. This does not apply if the customer is not responsible for the infringement. The customer is obliged to provide the seller immediately, truthfully and completely with all information necessary for the examination of the claims and a defence in the event of a claim by a third party.

9. redemption of gift vouchers

9.1 Vouchers that can be purchased through the Seller's online shop (hereinafter "Gift Vouchers") can only be redeemed in the Seller's online shop.

9.2 Gift Certificates and remaining balance of Gift Certificates may be redeemed until the end of the third year after the year of purchase. Remaining credit will be credited to the customer's voucher account until the expiry date.

9.3 Gift vouchers can only be redeemed before completion of the order process. Subsequent offsetting is not possible.

9.4 Only one gift certificate can be redeemed per order.

9.5 Gift Certificates may only be used for the purchase of goods and not for the purchase of additional gift certificates.

9.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.

9.7 The credit balance of a gift certificate will neither be paid out in cash nor will it bear interest.

9.8 The gift voucher is transferable. The seller can pay with discharging effect to the respective owner who redeems the gift voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, the inability to contract or the lack of representation authorization of the respective owner.

10. redemption of promotion vouchers

10.1 Vouchers issued free of charge by the Seller as part of promotions with a certain validity period and which cannot be purchased by the Customer (hereinafter "Promotional Vouchers") can only be redeemed in the online shop of the Seller and only within the specified period.

10.2 Individual products may be excluded from the voucher campaign if a corresponding restriction results from the content of the promotion voucher.

10.3 Promotional vouchers can only be redeemed before completion of the order process. Subsequent offsetting is not possible.

10.4 Only one promotional voucher can be redeemed per order.

10.5 The value of the goods must at least correspond to the amount of the promotion voucher. Any remaining balance will not be refunded by the seller.

10.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller may be used to settle the difference.

10.7 The credit balance of a promotion voucher is neither paid out in cash nor interest.

10.8 The promotion voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotion voucher within the scope of his statutory right of revocation.

10.9 The promotion voucher is transferable. The seller can pay with discharging effect to the respective owner who redeems the promotion voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, the inability to contract or the lack of representation authorization of the respective owner.

11. applicable right

11.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties to the exclusion of the laws governing the international sale of movable goods. In the case of consumers, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.

11.2 Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who at the time of conclusion of the contract do not belong to any member state of the European Union and whose sole place of residence and delivery address at the time of conclusion of the contract is outside the European Union.

12. place of jurisdiction

If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the seller. If the customer has its registered office outside the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the seller's place of business if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is in any case entitled to appeal to the court at the customer's registered office.

13 Information on Online Dispute Resolution

The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/odr

This platform serves as a contact point for out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.

We are neither obliged nor prepared to participate in a dispute settlement procedure before a consumer arbitration body.

Consumers have a right of revocation under the following conditions, whereby the consumer is any natural person who concludes a legal transaction for purposes which can predominantly be attributed neither to his commercial nor to his self-employed professional activity:

revocation instruction

right of revocation

You have the right to revoke this contract within 14 days without giving reasons.

The cancellation period is 14 days from the day on which you or a third party you have designated, who is not the carrier, took or has taken possession of the last goods.

To exercise your right of withdrawal, you must contact us (GAIMX GmbH, Wiesenstraße 21 A1, 40549
Düsseldorf, Germany, Tel: +49 (0) 211/ 63 55 340 17, e-mail: support@gaimx.de) by means of a clear declaration (e.g. a letter or e-mail sent by post) of your decision to revoke this contract. You can use the attached model withdrawal form, but this is not mandatory.

In order to comply with the revocation period, it is sufficient that you send the notice of the exercise of the revocation right before the expiry of the revocation period.

Consequences of the revocation

If you cancel this Agreement, we will refund all payments we have received from you, including delivery costs (except for the additional costs resulting from your choosing a delivery method other than the cheapest standard delivery offered by us), immediately and at the latest within 14 days from the day we receive notice of your cancellation of this Agreement. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees for this refund. We may refuse to refund until we have received the goods back or until you can prove that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us immediately and in any case at the latest within fourteen days from the day on which you inform us of the revocation of this contract. The deadline is met if you dispatch the goods before the expiry of the fourteen-day deadline. You bear the direct costs of returning the goods.

They shall only be liable for any loss in value of the goods if such loss in value is due to handling of the goods which is not necessary for checking the nature, properties and functioning of the goods.

Exclusion or premature expiry of the right of revocation:

The right of revocation does not apply to contracts

- for the supply of goods which are not prefabricated and for the manufacture of which an individual choice or destination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;

The right of withdrawal does not apply to consumers who at the time of conclusion of the contract do not belong to any member state of the European Union and whose sole place of residence and delivery address at the time of conclusion of the contract is outside the European Union.

model withdrawal form

(If you want to cancel the contract, please fill out this form and send it back.)

To GAIMX GmbH(i.g.), Wiesenstraße 21 A1, 40549 Düsseldorf, e-mail: support@gaimx.de

I/We hereby cancel(*) the contract concluded by me/us for the purchase of the following goods (*)/ the provision of the following service (*)



Ordered on (*) /received on (*)


Name of the consumer(s)

Address of the consumer(s)

Signature of the consumer(s) (only if communicated on paper)

date


(*) Delete as applicable