General Terms and Conditions
General Terms and Conditions of Sale
Internet-Shop
The SGH Handelsgesellschaft mbH ("Gorilla Gesund") operates the Gorilla Gesund shop on the internet. No membership is required to stay on the Gorilla Gesund website, especially to view upcoming sales promotions. Membership requires user registration. You will receive personal information about upcoming sales promotions via email from Gorilla Gesund, provided you have agreed to receive these emails. The prices listed on the website are final prices including VAT. Shipping costs and processing fees are shown separately and are traceable for you.
Scope
These terms and conditions apply to all purchases made by private customers at SGH Handelsgesellschaft mbH.
Private customers in this sense are individuals with a residence and delivery address in the Federal Republic of Germany, provided that the goods they have ordered cannot be attributed to their commercial or self-employed professional activities.
Conclusion of contract
'The presentation of our goods and the provision of the possibility to place an order constitutes a concrete offer on our part to conclude a purchase contract.'
By placing your order, you accept the offer and the purchase contract has been concluded.
You will receive an order confirmation via email at the email address you provided.
Prices and Shipping Costs
The listed prices are final prices including VAT. The amount that is displayed at the time of the binding order applies. In addition, shipping costs apply, which depend on the shipping method and the size and weight of the goods you ordered. You can find out more details under "Shipping Costs". We will cover the regular costs of returns that arise in the event of a return of the goods by you in exercising your Right of Withdrawal . When exercising your right of withdrawal, we will also refund the shipping costs.
payment
Payment is made upon delivery by means of
- Amazon Pay
- Apple Pay
- Google Pay
- Credit card
- PayPal
- Klarna
- eps transfer, iDEAL, Bancontact, Shop Pay
Late payment
"If you fall into arrears, SGH Handelsgesellschaft mbH is entitled to demand default interest of 5 percentage points above the base interest rate p.a. announced by the Deutsche Bundesbank at the time of the order. If SGH Handelsgesellschaft mbH can prove that a higher default damage has occurred, SGH Handelsgesellschaft mbH is entitled to assert this."
right of retention
"The customer is only entitled to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship."
Delivery
(1) The delivery will be made to the delivery address specified by the customer, within
- Germany
- Europe
- Worldwide
(2) If force majeure (natural disasters, war, civil war, terrorist attacks) makes delivery or any other service permanently impossible, the obligation to perform by SGH Handelsgesellschaft mbH is excluded. Amounts already paid will be refunded by SGH Handelsgesellschaft mbH without delay.
(3) SGH Handelsgesellschaft mbH may also refuse performance to the extent that it requires an effort that, taking into account the content of the purchase contract and the principles of good faith, is in gross disproportion to the customer's interest in the fulfillment of the purchase contract. Amounts already paid will be refunded by SGH Handelsgesellschaft mbH without delay.
(4) Bulky goods (packages with a larger volume than 1 cubic meter) are usually delivered by freight forwarding. SGH Handelsgesellschaft mbH expressly points out that this goods will not be carried into the house.
Cheap shipping method for returns
(1) Please use the original packaging for the return of the goods and accessories if possible, even if it has been damaged by an opening for functional testing.
(2) Please use the return label included with the delivery of the goods, which is fully prepaid and addressed, for the return. This is the simplest and most cost-effective shipping option. There is no obligation to use this return method. However, if you choose an unnecessarily expensive shipping method, you may be required to pay us the additional costs compared to a more economical shipping method.
Retention of title
"Until the complete settlement of all claims against the customer arising from the purchase contract, the delivered goods remain the property of SGH Handelsgesellschaft mbH. As long as this retention of title exists, the customer may neither resell the goods nor dispose of them; in particular, the customer may not grant third parties any contractual use of the goods."
Warranty rights
(1) A product that is already defective at the time of delivery (warranty case) will be replaced or properly repaired by SGH Handelsgesellschaft mbH at the customer's choice and at the expense of SGH Handelsgesellschaft mbH (subsequent performance). The customer is informed that there is no warranty case if the product had the agreed quality at the time of the transfer of risk. A warranty case is particularly not present in the following cases:
- a) for damages caused to the customer by misuse or improper use,
- b) for damages that have occurred due to the products being exposed to harmful external influences at the customer's location (in particular extreme temperatures, humidity, unusual physical or electrical stress, voltage fluctuations, lightning strikes, static electricity, fire).
(2) SGH Handelsgesellschaft mbH also does not provide any warranty for a defect that arises from improper repair by a service partner not authorized by the manufacturer.
(3) If the type of subsequent performance desired by the customer (replacement delivery or repair) requires an effort that, in consideration of the product price, is grossly disproportionate to the customer's interest in performance, taking into account the content of the contract and the principles of good faith – particularly considering the value of the purchased item in flawless condition, the significance of the defect, and the question of whether the other type of subsequent performance can be utilized without significant disadvantages for the customer – the customer's claim is limited to the respective other type of subsequent performance. The right of SGH Handelsgesellschaft mbH to refuse this other type of subsequent performance under the aforementioned condition remains unaffected.
(4) In the case of repair as well as in the case of replacement delivery, the customer is obliged to send the product at the expense of SGH Handelsgesellschaft mbH to the return address specified by it, indicating the order number. Before sending, the customer must remove any items inserted by him from the product. SGH Handelsgesellschaft mbH is not obliged to examine the product for the installation of such items. SGH Handelsgesellschaft mbH is not liable for the loss of such items unless it was clearly recognizable to SGH Handelsgesellschaft mbH at the time of taking back the product that such an item had been inserted into the product (in this case, SGH Handelsgesellschaft mbH will inform the customer and hold the item ready for collection; the customer bears the costs incurred). The customer must also, before sending a product for repair or exchange, create separate backup copies of the system software, applications, and all data on a separate storage medium, and deactivate all passwords if necessary. No liability for data loss is assumed. It is also the customer's responsibility, after the repaired product or the replacement product has been returned to him, to install the software and data and to reactivate the passwords.
(5) If the customer returns the goods in order to receive a replacement product, the return of the defective product is subject to the following provisions: If the customer was able to use the goods in a defect-free condition between delivery and return, they must reimburse the value of the benefits derived from it. The customer must provide compensation for any loss or further deterioration of the goods that did not occur due to the defect, as well as for the impossibility of returning the goods during the period between delivery of the goods and return of the goods that was not caused by the defect. The customer is not required to provide compensation for the deterioration of the goods that occurred through proper use of the goods. The obligation to provide compensation is also waived for the return of a defective product in the case of warranty.
- a) if the defect justifying withdrawal only became apparent during processing or transformation,
- b) if SGH Handelsgesellschaft mbH is responsible for the deterioration or loss, or if the damage would also have occurred at SGH Handelsgesellschaft mbH,
- c) if the deterioration or loss has occurred at the customer, although the customer has exercised the care that he usually applies in his own affairs.
(6) The customer's liability for damages in the event of a breach of the return obligation for which the customer is responsible is governed by the statutory provisions.
(7) The customer may choose to withdraw from the contract or reduce the purchase price if the repair or replacement delivery has not resulted in a contractual condition of the product within a reasonable period.
(8) Furthermore, claims against the manufacturer may also exist within the framework of a warranty granted by them, which is governed by the corresponding warranty conditions.
(9) The statutory warranty of SGH Handelsgesellschaft mbH ends two years from the delivery of the goods. The period begins upon receipt of the goods.
Liability
(1) In cases of slight negligence, SGH Handelsgesellschaft mbH is only liable for breaches of essential contractual obligations and limited to foreseeable damages. This limitation does not apply in cases of injury to life, body, and health. For any other damages caused by a defect in the purchased item due to slight negligence, SGH Handelsgesellschaft mbH is not liable.
(2) Regardless of any fault of SGH Handelsgesellschaft mbH, the liability of SGH Handelsgesellschaft mbH remains unaffected in cases of fraudulent concealment of defects or from the assumption of a guarantee. The manufacturer's warranty is a guarantee from the manufacturer and does not constitute an assumption of a guarantee by SGH Handelsgesellschaft mbH.
(3) SGH Handelsgesellschaft mbH is also responsible for the impossibility of delivery occurring by chance during its delay, unless the damage would have occurred even with timely delivery.
(4) The personal liability of the legal representatives, agents, and employees of SGH Handelsgesellschaft mbH for damages caused by them through slight negligence is excluded.
Applicable law
The contract concluded between you and SGH Handelsgesellschaft mbH is exclusively governed by the law of the Federal Republic of Germany, with the express exclusion of the UN Sales Convention. The mandatory provisions of the state in which you have your habitual residence remain unaffected.
Place of jurisdiction
"If you do not have a residence in the Federal Republic of Germany contrary to your statements when placing the order, or if you move your residence abroad after the conclusion of the contract, or if your residence is not known at the time of filing the lawsuit, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship is SGH Handelsgesellschaft mbH, Wöllnitzer Str. 56, 07749 Jena, Germany."
Dispute resolution
General information obligations regarding alternative dispute resolution according to Art. 14 para. 1 ODR-VO and § 36 VSBG (Consumer Dispute Resolution Act):
The European Commission provides a platform for online dispute resolution (ODR), which you can find at this address: http://ec.europa.eu/consumers/odr/ . We are not obliged to participate in a dispute resolution procedure before a consumer arbitration board and are also not willing to do so.
Final provisions
(1) Should individual provisions of this contract be or become wholly or partially ineffective or void, the effectiveness of the contract in other respects shall not be affected, provided that one contracting party is not unreasonably disadvantaged thereby.
(2) Amendments or additions to this contract must be in writing.
