Terms and Conditions and Customer Information
General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts that you enter into with us as the provider (Vogel Dennis, Hahner Michael Dieter GbR) are concluded via the gasmavericks.com website. Unless otherwise agreed, we object to the inclusion of any of your own terms and conditions that you may use.
(2) For the purposes of the provisions laid out below, a consumer is defined as any natural person who enters into a legal transaction for purposes that are predominantly not attributable to their trade or independent professional activity. A business operator is any natural or legal person, or legally competent partnership, who acts in the course of their independent professional or commercial activity when concluding a legal transaction.
§ 2 Formation of the Contract
(1) The subject matter of the contract is the sale of goods .
(2) As soon as we list the respective product on our website, we submit a binding offer to enter into a contract via the online shopping cart system under the terms specified in the product description.
(3) The contract is concluded via the online shopping cart system as follows:
The items you intend to purchase are stored in the "Shopping Cart". You can access the "Shopping Cart" at any time via the corresponding button in the navigation bar and make changes to its contents there whenever you wish.
After clicking the "Checkout" button or "Proceed to order" (or similar designation) Once you have entered your personal details and agreed to the payment and shipping terms, your order information will be displayed to you as a final order summary.
If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as your payment method, you will either be taken to the order overview page in our online shop or redirected to the website of the instant payment system provider.
You will be redirected to the relevant instant payment system, where you will make the appropriate selections and enter your details. Once completed, the order information will be displayed to you as an order summary, either on the website of the instant payment system provider, or after you are redirected back to our online store.
Before submitting your order, you have the opportunity to review all details in the order summary one more time, make changes (including via your web browser's 'back' function), or cancel the order entirely.
(4) Order processing and the transmission of all information required in connection with the conclusion of the contract is carried out partially automatically via email. You must therefore ensure that the email address you have on file with us is correct, that receipt of emails is technically guaranteed, and in particular that messages are not blocked by SPAM filters.
§ 3 Special agreements for offered payment methods
(1) Payment via "PayPal" / "PayPal Checkout"
When you select a payment method offered via "PayPal" / "PayPal Checkout", payment processing is carried out by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods available through "PayPal" are shown to you on a corresponding labeled button on our website as well as during the online ordering process. "PayPal" may use additional payment service providers to process payments; insofar as special payment conditions apply for these, you will be separately notified of them. You can find more information about "PayPal" at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
(2) Payment via "Shopify Payments"
If you select a payment method offered via "Shopify Payments", the Shopify Payments service operated by Shopify International Limited (2nd Floor Victoria Buildings, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland), payment processing is carried out by the payment service provider Stripe Payments Europe, Ltd. (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland; "Stripe"). The individual payment methods available through Shopify Payments are displayed to you on a correspondingly labeled button on our website as well as during the online ordering process. Stripe may use additional payment service providers to process payments; if special payment conditions apply for this, you will be separately notified of them. You can find more information about Shopify Payments at https://www.shopify.com/de/legal/terms-payments/de.
Section 4 Right of Retention, retention of title
(1) You may only exercise a right of retention to the extent that the relevant claims arise from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price has been received.
(3) If you are a business operator, the following additional provisions apply:
a) We retain ownership of the goods until all claims arising from the ongoing business relationship have been fully settled. Prior to the transfer of ownership of the reserved goods, any pledging or security assignment of these goods is not permitted.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice value that arise from the resale, and we accept this assignment. You will remain authorized to collect the claim. However, we reserve the right to collect the claim ourselves if you fail to properly fulfill your payment obligations.
c) If the reserved goods are combined or mixed with other items, we shall acquire joint ownership of the new product in proportion to the invoice value of the reserved goods relative to the other processed items at the time of processing.
d) We undertake to release the collateral we hold at your request, to the extent that the realizable value of our collateral exceeds the claim to be secured by more than 10%. We reserve the right to select which collateral will be released.
§ 5 Warranty
(1) Statutory warranty rights for defects apply.
(2) As a consumer, you are requested to immediately inspect the goods upon delivery for completeness, obvious defects, and transport damage, and notify us and the shipping carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty claims.
(3) To the extent that any characteristic of the goods deviates from the objective requirements, such deviation shall only be deemed agreed if you were notified of it by us prior to the submission of the contractual declaration, and the deviation was explicitly and separately agreed upon between the contracting parties.
(4) Insofar as you are a business operator, the following applies in deviation from the preceding warranty rules:
a) Only our own specifications and the manufacturer's product description shall be deemed the agreed condition of the goods. No other advertising, public promotional offers, or statements from the manufacturer form part of the agreed product characteristics.
b) For defective products, we will provide warranty remedies at our sole discretion by either repairing the defect or delivering a replacement. If defect resolution fails, you may at your option request a price reduction or withdraw from the contract. Defect remediation is considered unsuccessful after a second failed attempt, unless circumstances specific to the type of goods, the nature of the defect, or other relevant conditions indicate otherwise. In the case of a repair, we are not required to cover the additional costs incurred from transporting the goods to a location other than the place of performance, unless that relocation aligns with the intended use of the product.
c) The warranty period is one year from delivery of the goods. This shortened period does not apply:
- for damages attributable to us caused by fault resulting from injury to life, body or health, and for other damages caused intentionally or through gross negligence;
- insofar as we have fraudulently concealed the defect or assumed a warranty for the quality of the item;
- for items that were used in accordance with their normal intended use for a building structure and caused that structure to be defective;
- in the case of statutory recourse claims that you hold against us in connection with your defect rights.
Section 6 Choice of Law
(1) German law applies. For consumers, this choice of law only applies insofar as it does not deprive the consumer of the protection afforded by the mandatory provisions of the law of the consumer's country of habitual residence (favorability principle).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods are expressly not applicable.
II. Customer Information
1. Seller identity
Vogel Dennis, Hahner Michael Dieter GbR
1a Upper Anger
85051 Ingolstadt
Germany
Phone: +4915678818770
Email: support@gasmavericks.com
We are neither willing nor obligated to participate in dispute resolution proceedings before consumer arbitration bodies.
2. Information on the formation of the contract
The technical steps required to conclude the contract, the contract formation itself, and available correction options are governed by the provisions outlined under "Formation of Contract" in our General Terms and Conditions (Part I).
3. Contract language, contract text storage
3.1. The contract language is German .
3.2. We do not store the full contract text. Before submitting the order via the online shopping cart system you can print the contract details using your browser's print function or save them electronically. Once we receive your order, we will send the order information, all legally required documentation for distance selling contracts, and the General Terms and Conditions to you again via email.
4. Codes of conduct
4.1. We have submitted to the Buyer Seal quality criteria of Händlerbund Management AG, available for viewing at: https://www.haendlerbund.de/
5. Key characteristics of the goods or service
The key characteristics of the goods and/or service can be found in the respective offer.
6. Prices and payment terms
6.1. The prices listed in the respective offers as well as shipping costs constitute total prices. They include all price components, including all applicable taxes.
6.2. The applicable shipping costs are not included in the purchase price. These can be accessed via a correspondingly labeled button on our website or in the respective offer, are listed separately during the order process and must be borne by you additionally, unless free shipping has been promised.
6.3. If delivery is made to countries outside the European Union, additional costs outside our control may be incurred, such as customs duties, taxes, or money transfer fees (transfer or exchange rate charges levied by financial institutions), which are to be borne by you.
6.4. Incurred money transfer costs (Bank transfer or exchange rate fees charged by credit institutions) are to be borne by you in cases where delivery is made to an EU member state, but payment is initiated outside the European Union.
6.5. The payment methods available to you are listed under a correspondingly labeled button on our website or in the respective offer.
6.6. Unless otherwise specified for the individual payment methods, all payment claims arising from the concluded contract are due for immediate payment.
7. Delivery terms
7.1. The delivery terms, delivery timeline, and any applicable delivery restrictions can be found under the appropriately labeled button on our website or in the respective offer.
7.2. If you are a consumer, statutory law stipulates that the risk of accidental loss and accidental deterioration of the sold item during shipment only transfers to you upon handover of the goods to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not designated by the merchant, or another person appointed to carry out the shipment.
If you are a business owner, delivery and shipment are at your own risk.
8. Statutory Defect Warranty
Liability for defects is governed by the "Warranty" clause in our General Terms and Conditions (Part I).
These General Terms and Conditions and customer information were drafted by Händlerbund lawyers specializing in IT law, and are continuously reviewed for legal compliance. Händlerbund Management AG guarantees the legal validity of these texts and accepts liability in the event of formal cease-and-desist warning letters. You can find more information about this at: https://www.haendlerbund.de/
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts that you enter into with us as the provider (Vogel Dennis, Hahner Michael Dieter GbR) are concluded via the gasmavericks.com website. Unless otherwise agreed, we object to the inclusion of any of your own terms and conditions that you may use.
(2) For the purposes of the provisions laid out below, a consumer is defined as any natural person who enters into a legal transaction for purposes that are predominantly not attributable to their trade or independent professional activity. A business operator is any natural or legal person, or legally competent partnership, who acts in the course of their independent professional or commercial activity when concluding a legal transaction.
§ 2 Formation of the Contract
(1) The subject matter of the contract is the sale of goods .
(2) As soon as we list the respective product on our website, we submit a binding offer to enter into a contract via the online shopping cart system under the terms specified in the product description.
(3) The contract is concluded via the online shopping cart system as follows:
The items you intend to purchase are stored in the "Shopping Cart". You can access the "Shopping Cart" at any time via the corresponding button in the navigation bar and make changes to its contents there whenever you wish.
After clicking the "Checkout" button or "Proceed to order" (or similar designation) Once you have entered your personal details and agreed to the payment and shipping terms, your order information will be displayed to you as a final order summary.
If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as your payment method, you will either be taken to the order overview page in our online shop or redirected to the website of the instant payment system provider.
You will be redirected to the relevant instant payment system, where you will make the appropriate selections and enter your details. Once completed, the order information will be displayed to you as an order summary, either on the website of the instant payment system provider, or after you are redirected back to our online store.
Before submitting your order, you have the opportunity to review all details in the order summary one more time, make changes (including via your web browser's 'back' function), or cancel the order entirely.
By submitting your order using the corresponding button (labeled "order with payment obligation", "buy" / "buy now", "place paid order", "pay" / "pay now" or similar wording), you issue a legally binding declaration of acceptance of the offer, which finalizes the conclusion of the contract.
§ 3 Special agreements for offered payment methods
(1) Payment via "PayPal" / "PayPal Checkout"
When you select a payment method offered via "PayPal" / "PayPal Checkout", payment processing is carried out by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods available through "PayPal" are shown to you on a corresponding labeled button on our website as well as during the online ordering process. "PayPal" may use additional payment service providers to process payments; insofar as special payment conditions apply for these, you will be separately notified of them. You can find more information about "PayPal" at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
(2) Payment via "Shopify Payments"
If you select a payment method offered via "Shopify Payments", the Shopify Payments service operated by Shopify International Limited (2nd Floor Victoria Buildings, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland), payment processing is carried out by the payment service provider Stripe Payments Europe, Ltd. (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland; "Stripe"). The individual payment methods available through Shopify Payments are displayed to you on a correspondingly labeled button on our website as well as during the online ordering process. Stripe may use additional payment service providers to process payments; if special payment conditions apply for this, you will be separately notified of them. You can find more information about Shopify Payments at https://www.shopify.com/de/legal/terms-payments/de.
Section 4 Right of Retention, retention of title
(1) You may only exercise a right of retention to the extent that the relevant claims arise from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price has been received.
(3) If you are a business operator, the following additional provisions apply:
a) We retain ownership of the goods until all claims arising from the ongoing business relationship have been fully settled. Prior to the transfer of ownership of the reserved goods, any pledging or security assignment of these goods is not permitted.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice value that arise from the resale, and we accept this assignment. You will remain authorized to collect the claim. However, we reserve the right to collect the claim ourselves if you fail to properly fulfill your payment obligations.
c) If the reserved goods are combined or mixed with other items, we shall acquire joint ownership of the new product in proportion to the invoice value of the reserved goods relative to the other processed items at the time of processing.
d) We undertake to release the collateral we hold at your request, to the extent that the realizable value of our collateral exceeds the claim to be secured by more than 10%. We reserve the right to select which collateral will be released.
§ 5 Warranty
(1) Statutory warranty rights for defects apply.
(2) As a consumer, you are requested to immediately inspect the goods upon delivery for completeness, obvious defects, and transport damage, and notify us and the shipping carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty claims.
(3) To the extent that any characteristic of the goods deviates from the objective requirements, such deviation shall only be deemed agreed if you were notified of it by us prior to the submission of the contractual declaration, and the deviation was explicitly and separately agreed upon between the contracting parties.
(4) Insofar as you are a business operator, the following applies in deviation from the preceding warranty rules:
a) Only our own specifications and the manufacturer's product description shall be deemed the agreed condition of the goods. No other advertising, public promotional offers, or statements from the manufacturer form part of the agreed product characteristics.
b) For defective products, we will provide warranty remedies at our sole discretion by either repairing the defect or delivering a replacement. If defect resolution fails, you may at your option request a price reduction or withdraw from the contract. Defect remediation is considered unsuccessful after a second failed attempt, unless circumstances specific to the type of goods, the nature of the defect, or other relevant conditions indicate otherwise. In the case of a repair, we are not required to cover the additional costs incurred from transporting the goods to a location other than the place of performance, unless that relocation aligns with the intended use of the product.
c) The warranty period is one year from delivery of the goods. This shortened period does not apply:
- for damages attributable to us caused by fault resulting from injury to life, body or health, and for other damages caused intentionally or through gross negligence;
- insofar as we have fraudulently concealed the defect or assumed a warranty for the quality of the item;
- for items that were used in accordance with their normal intended use for a building structure and caused that structure to be defective;
- in the case of statutory recourse claims that you hold against us in connection with your defect rights.
Section 6 Choice of Law
(1) German law applies. For consumers, this choice of law only applies insofar as it does not deprive the consumer of the protection afforded by the mandatory provisions of the law of the consumer's country of habitual residence (favorability principle).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods are expressly not applicable.
II. Customer Information
1. Seller identity
Vogel Dennis, Hahner Michael Dieter GbR
1a Upper Anger
85051 Ingolstadt
Germany
Phone: +4915678818770
Email: support@gasmavericks.com
We are neither willing nor obligated to participate in dispute resolution proceedings before consumer arbitration bodies.
2. Information on the formation of the contract
The technical steps required to conclude the contract, the contract formation itself, and available correction options are governed by the provisions outlined under "Formation of Contract" in our General Terms and Conditions (Part I).
3. Contract language, contract text storage
3.1. The contract language is German .
3.2. We do not store the full contract text. Before submitting the order via the online shopping cart system you can print the contract details using your browser's print function or save them electronically. Once we receive your order, we will send the order information, all legally required documentation for distance selling contracts, and the General Terms and Conditions to you again via email.
4. Codes of conduct
4.1. We have submitted to the Buyer Seal quality criteria of Händlerbund Management AG, available for viewing at: https://www.haendlerbund.de/
5. Key characteristics of the goods or service
The key characteristics of the goods and/or service can be found in the respective offer.
6. Prices and payment terms
6.1. The prices listed in the respective offers as well as shipping costs constitute total prices. They include all price components, including all applicable taxes.
6.2. The applicable shipping costs are not included in the purchase price. These can be accessed via a correspondingly labeled button on our website or in the respective offer, are listed separately during the order process and must be borne by you additionally, unless free shipping has been promised.
6.3. If delivery is made to countries outside the European Union, additional costs outside our control may be incurred, such as customs duties, taxes, or money transfer fees (transfer or exchange rate charges levied by financial institutions), which are to be borne by you.
6.4. Incurred money transfer costs (Bank transfer or exchange rate fees charged by credit institutions) are to be borne by you in cases where delivery is made to an EU member state, but payment is initiated outside the European Union.
6.5. The payment methods available to you are listed under a correspondingly labeled button on our website or in the respective offer.
6.6. Unless otherwise specified for the individual payment methods, all payment claims arising from the concluded contract are due for immediate payment.
7. Delivery terms
7.1. The delivery terms, delivery timeline, and any applicable delivery restrictions can be found under the appropriately labeled button on our website or in the respective offer.
7.2. If you are a consumer, statutory law stipulates that the risk of accidental loss and accidental deterioration of the sold item during shipment only transfers to you upon handover of the goods to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not designated by the merchant, or another person appointed to carry out the shipment.
If you are a business owner, delivery and shipment are at your own risk.
8. Statutory Defect Warranty
Liability for defects is governed by the "Warranty" clause in our General Terms and Conditions (Part I).
These General Terms and Conditions and customer information were drafted by Händlerbund lawyers specializing in IT law, and are continuously reviewed for legal compliance. Händlerbund Management AG guarantees the legal validity of these texts and accepts liability in the event of formal cease-and-desist warning letters. You can find more information about this at: https://www.haendlerbund.de/