General Terms and Conditions and Customer Information (as at: 14 August 2021)

A. General Terms and Conditions

§ 1 Scope of application, customers

I. These General Terms and Conditions apply to all business relations between the company BGHZ e.K., legally represented by the managing directors Riccardo Baghouz, Margaretastraße 8, 50827 Cologne, (hereinafter referred to as "Company") and its customers in the respective version valid at the time of conclusion of the contract. They also contain important customer information provided for by law. Conflicting, deviating or supplementary general terms and conditions of the customer, even if known, shall not become part of the
part of the contract, even if known, unless the company has agreed to contradictory, deviating or supplementary general terms and conditions of the customer in whole or with regard to individual provisions.

II. Customers of the Company within the meaning of these General Terms and Conditions are both consumers and entrepreneurs. Entrepreneurs within the meaning of § 14 BGB (German Civil Code) are natural or legal persons or partnerships with legal capacity who, when concluding a legal transaction, act in the exercise of their commercial or independent professional activity.
Consumers within the meaning of § 13 BGB are natural persons who conclude a legal transaction for a purpose that can predominantly be attributed neither to their commercial nor to their independent professional activity.

III. customers in Germany and abroad are supplied.

2 Offers and conclusion of contract via the company's website

I. All offers of the company are subject to change and non-binding. A contract between the company and the customer is only concluded when the company accepts an offer from a customer. In the event of typing and calculation errors as well as mistakes on the website, the company reserves the right not to accept an order.

II. If a customer places an order on the Company's website via the Internet, the Company will confirm receipt of the order without delay. This confirmation of receipt of the order does not constitute acceptance of the offer, but only informs the customer that his order has been received by the company.

III. By sending an order to the Company via the Company's website, the Customer makes an offer to conclude a purchase contract with the Company. The acceptance of the offer and the conclusion of the contract with the Company shall take place by means of an express declaration of acceptance by e-mail or by sending the ordered goods to the Customer.

The Company is entitled to accept the contractual offer made with the order via the Company's website within 5 days of receipt of this offer by the Company by means of an express declaration of acceptance or by dispatching the ordered goods. If the customer concludes his order with the payment instruction by PayPal PLUS, by credit card or by instant bank transfer, the contract is concluded at the latest with the submission of the payment instruction by the customer.

§ 3 Terms of payment and prices

I. Payment for the goods ordered by the customer shall be made at the customer's discretion by advance payment, by PayPal PLUS, by credit card or by immediate bank transfer. Unless otherwise stated below, the customer's payments are due within 14 days of conclusion of the contract at the latest. The debit of the customer's account takes place following the execution of the payment transaction.

a) Payment in advance
The bank details will be sent to the customer after conclusion of the contract.

b) Payment by PayPal PLUS
When paying via the PayPal PLUS payment service, the customer has the option of making a payment from his PayPal account, by direct debit from a German bank account or by credit card.

c) Payment by credit card
In the case of payment by credit card, the customer has the option of making a payment by credit card.

d) Payment by Sofortüberweisung
When paying by Sofortüberweisung, an online payment system of Sofort GmbH is used for cashless payment on the Internet.

II. the price stated in the presentation of the goods is the total price including any value added tax (currently 19%) and other price components, but excluding delivery and shipping costs.

§ 4 Shipping costs and import duties

I. In addition to the purchase price, the company charges the customer shipping costs. The amount of the shipping costs can be found on the company's website. In addition, customers are clearly informed of the shipping costs on the order page before placing an order.

II. In the case of deliveries of goods to countries outside Germany, import duties may be incurred for the import of goods, which the customer must bear. The amount of import duties varies in different customs territories. The customer is responsible for the proper payment of all necessary customs duties and fees.

§ 5 Default of payment

If the Customer fails to pay in response to a reminder issued by the Company after the due date, the Customer shall be deemed to be in default by virtue of the reminder. During the period of default, the Customer shall pay interest on the debt at a rate of 5% above the base rate.

§ 6 Delivery, shipment in several packages

I. Delivery shall be made to the delivery address specified by the customer as part of the order. If the customer/recipient specifies an alternative drop-off location with the shipping service provider, the transport risk for the package shall pass to the customer/recipient after delivery to the drop-off location.

II. if several items are ordered, the company is entitled to send the goods to the customer in several parcels, provided this is reasonable for the customer. Any additional shipping costs incurred as a result shall be borne by the company.

§ 7 Delivery times

The goods are dispatched regularly two working days, in individual cases, however, no later than 4 working days after receipt of the customer's payment in the case of payment in advance or after execution of the payment process in the case of payment via PayPal PLUS or in the case of payment via Sofortüberweisung.

§ 8 Transfer of risk

I. If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods shall pass to the purchaser upon handover, in the case of sale by delivery to a place other than the place of performance, upon delivery of the goods to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment.

II. If the customer is a consumer, the risk of accidental loss or accidental deterioration of the sold item shall not pass to the buyer until the item is handed over, even in the case of a sale by dispatch.

III. the handover is the same if the buyer is in default of acceptance.

§ 9 Retention of title

I. The delivered goods remain the property of the company until full payment has been made.

II. vis-à-vis customers who are entrepreneurs, the company retains ownership until all claims to which we are entitled against the buyer for any legal reason arising from the business relationship have been settled.

III. The customer is obliged to notify the company immediately of any seizure or other impairment of the reserved goods by third parties.

§ 10 Right of revocation, costs of return in the event of revocation

I. Consumers are entitled to the statutory right of withdrawal. The company shall inform customers, among other things, on its website about the existence or non-existence of a right of withdrawal as well as the conditions, details of the exercise, in particular the name and address of the person to whom the withdrawal is to be declared, and the legal consequences of the withdrawal. In addition, in the case of orders placed via the Internet, the customer shall be informed in text form of a revocation instruction that complies with the statutory requirements at the latest upon conclusion of the contract.
notified in text form.

II. consumers must return or hand over goods which, due to their nature, can be normally returned by post (including parcel services) to the company without delay and in any case no later than fourteen days from the day on which consumers notify the company of the cancellation of this contract. The deadline is met if consumers send the goods before the end of the fourteen-day period and the goods are in their original condition (sleeve not opened). Consumers shall bear the direct costs of returning the goods.

III The right of revocation does not exist in accordance with § 312g para. 2 no. 1 BGB, in particular in the case of distance 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 decisive or which are clearly tailored to the personal needs of the consumer.

11 Warranty and liability

The customer's warranty rights and the company's liability are governed by the statutory provisions.

§ 12 Data protection

I. The company undertakes to treat the personal data of the customers confidentially. The collection, processing and use of personal data is carried out in accordance with the statutory provisions. Personal data will only be passed on to third parties within the framework of the execution of the contract. The data received from the customer will be collected, processed and used by the entrepreneur for the purpose of processing the contract.

II. customers can request their personal data stored by the entrepreneur at any time. Information can also be provided by email. Customers can contact the company at any time for the deletion of user information within the framework of the legal provisions. Further information on data protection can be found in the separate data protection declaration.

§ 13 Final provisions, place of jurisdiction, severability clause

I. The legal relationship between the customer and the company is governed by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If the provisions of the country in which a customer who is a consumer has his or her habitual residence provide for protection for consumers that does not exist under German law, these provisions shall apply to the legal relationship between this customer and the company.

II. If the customer is a merchant, the exclusive place of jurisdiction for all disputes arising from this contract is Cologne. The same applies if the customer is an entrepreneur and has no general place of jurisdiction in Germany or if the customer's place of residence or habitual abode is unknown at the time the action is brought.

III. the company is not obliged to participate in a dispute resolution procedure before a consumer arbitration board, nor does the company offer to participate in such a procedure.

IV. Should individual provisions of these General Terms and Conditions be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions.
the validity of the remaining provisions shall not be affected.

V. Contracts may be concluded in German or English.

 

B. Customer information

1. information on the identity of the seller

The operator of the website, contractual partner and provider of this website is
BGHZ e.K.
Margaretastrasse 8
50827 Cologne
Managing Director: Riccardo Baghouz
E-mail: info@gamechanger-grip.com
Internet: www.gamechanger-grip.com
Register Court: Cologne Local Court
Registration number: HRA 35348
Sales tax identification number: 217/5011/7557

2. information on the statutory right of withdrawal for consumers

Cancellation policy
Right of revocation

You have the right to cancel this contract within fourteen days without giving any reason, provided that the delivered product is in its original condition and the sleeve has not been removed.
The withdrawal period is 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 last product.
In order to exercise your right of revocation, you must send us
BGHZ e.K
Margaretastrasse 8
50827 Cologne
e-mail: info@gamechanger-grip.com
of your decision to revoke this contract by means of a clear declaration (e.g. a letter or e-mail sent by post). You can use the model withdrawal form for this purpose, which is, however, not mandatory.

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

Consequences of revocation

If you withdraw from this contract, we must refund all payments we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used in the original
Unless otherwise expressly agreed with you, you will not be charged any fees for this repayment. We may, in the case of goods which by their nature can be returned normally by post (including parcel services), 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 the goods without delay and in any event no later than fourteen days from the day on which you notify us of the cancellation of this contract to
BGHZ e.K
Margaretastrasse 8
50827 Cologne
or to hand over the goods. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.

3. information on the essential characteristics of the goods

The essential characteristics of the goods result from the respective product descriptions of the discontinued products.

4. information on the conclusion of the contract

If you place an order via our website, the contract shall be concluded in accordance with § 2 of our General Terms and Conditions.

5. information on technical steps leading to the conclusion of the contract

The conclusion of a purchase contract takes place through offer and acceptance. You can place an order via our Internet pages by placing a selected product in the shopping basket. To do this, you can click the "Add to shopping cart" button on the product page. If you wish, you can then add further products to the shopping basket in the same way.
After selecting the product or products, you can click on the "Shopping cart" button. A new page will then open showing the previously selected contents of the shopping basket. Immediately from the page of the shopping basket, you have the option to continue shopping without registering as a customer by clicking the "Continue" button, to open a new personal customer account, or to log in using an already existing customer account.
After entering your data required for the order or after displaying the existing customer data, you have the option of specifying the details of the dispatch and the method of payment. A further button allows you to check the previous details of item, address, shipping method and payment method once again. If you then click on the "Buy" button, you are making an offer to purchase the item(s) you have selected. Acceptance by us is subject to § 2 of our General Terms and Conditions.
Terms and Conditions.

6. information on the technical means to detect and correct input errors

Before placing a binding order, you can correct your entries on an ongoing basis using the input devices you use (usually keyboard and mouse).
In addition, all entries are displayed again in an overview before the binding submission of the order and can also be corrected there using the input devices you use.
Before the binding submission of the order, you always have the option of cancelling the order process by closing your internet browser.

7. information on the languages available for the conclusion of the contract

The German and English languages are available for the conclusion and execution of the contract as well as for customer service.

8. information on the statutory liability for defects of goods and customer service

Customers are entitled to the statutory right of liability for defects in goods.
If you have any questions about our products, please contact our customer service on +49 221 560 91790.
There are no costs for customer service beyond the usual connection charges.
You can reach us by telephone every working day from 09:00 to 18:00.

9. information on data protection

Our data protection practices comply with the German Federal Data Protection Act (BDSG) and the German Telemedia Act (TMG). For detailed information, please refer to our separate privacy policy.

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Do you still have questions? You can reach our customer service via info@gamechanger-grip.com or via the telephone number listed on the website. Don't forget to have the relevant order number to hand.

Cologne, 14 August 2021