The following General Terms and Conditions (GTC) regulate the contractual relationship between GAPADOS e.K. (https://www.blechdosenkaufen.de) and consumers and entrepreneurs who purchase goods via our shop. We do not recognise conditions that contradict or deviate from our terms and conditions. The contractual language is German.
(1) The offers on the Internet represent a binding offer to you to purchase goods.
(2) You can place one or more products in the shopping basket. In the course of the ordering process, you enter your data and wishes regarding the method of payment, delivery modalities, etc.. Only when you click on the order button do you accept the offer to conclude a purchase contract. You can also conclude the purchase contract by telephone or fax.
Your order with details of the concluded contract (e.g. type of product, price etc.) will be stored by us. We will send you the GTC, but you can also access the GTC via our website at any time after conclusion of the contract. As a registered customer, you can access your past orders via the customer log-in area ("My account").
You can correct your entries at any time before submitting the order by pressing the delete button. We will inform you about further correction options on the way through the ordering process. You can also exit the ordering process completely at any time by closing the browser window.
The object of purchase remains our property until full payment has been made.
(1) Statutory liability for defects
Statutory liability rights for defects exist for our goods.
(2) Shortening of the limitation period for second-hand goods vis-à-vis consumers
It is agreed to reduce the limitation period for claims for defects in second-hand goods to one year.
Excluded from this agreement are claims for damages, claims due to defects which we have fraudulently concealed and claims arising from a guarantee which we may have assumed for the quality of the item. The statutory periods shall apply to these excluded claims. In the event of a guarantee period, the longer period shall apply in favour of the guarantee recipient.
(3) Limitation of liability for defects (warranty) rights vis-à-vis entrepreneurs
Your warranty claims due to defects in the purchased item shall become statute-barred one year after the transfer of risk. The following claims are excluded from this regulation
- on damages
- due to fraudulently concealed defects
- from any guarantee given
- on recourse according to §§ 445a, 478 BGB
- due to defects in building materials and components which have been used for a building in accordance with their customary use and have caused its defectiveness.
The statutory limitation periods shall apply to these excluded claims. In the event of a guarantee period, if any, the longer period shall apply in favour of the buyer.
We exclude liability for slightly negligent breaches of duty insofar as these do not relate to material contractual obligations, damage arising from injury to life, limb or health, guarantees or claims under the Product Liability Act (ProdHaftG). The same applies to breaches of duty by our vicarious agents and our legal representatives. Essential contractual obligations include in particular the obligation to hand over the item to you and to provide you with ownership of it. Furthermore, we must provide you with the item free of material defects and defects of title.
The exclusive place of jurisdiction for all disputes arising from this contract is our place of business if you are a merchant.
We assume janoFair janoFair is an alternative to the state-recognised consumer arbitration boards. If we are unable to settle differences of opinion arising from our contractual relationship amicably, the free dispute resolution procedure of janoFair is available to you. The limitation of possible claims is excluded for the duration of this procedure. If no agreement can be reached there either, legal recourse remains open.