General Terms and Conditions
General terms of sale
Internet shop
SGH Handelsgesellschaft mbH ("Gorilla Gesund") operates the Gorilla Gesund shop on the internet. To browse the Gorilla Gesund website, especially to view upcoming sales promotions, no membership is required. Membership requires user registration. You will receive personal information from Gorilla Gesund about upcoming sales promotions via email, provided you have consented to receive these emails. The prices listed on the website are final prices including VAT. Shipping costs and handling fees are shown separately and are transparent to you.
Scope
These terms and conditions apply to all purchases at SGH Handelsgesellschaft mbH made by private customers.
Private customers in this sense are persons with residence and delivery address in the Federal Republic of Germany, insofar as the goods ordered by them cannot be attributed to their commercial or independent professional activity.
Conclusion of contract
The presentation of our goods and the granting of the possibility to 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 is concluded.
You will receive an order confirmation by email to the email address you provided.
Prices and shipping costs
The indicated prices are final prices including VAT. The amount applicable is the one shown at the time of the binding order. Shipping costs, which depend on the shipping method and the size and weight of the goods you ordered, will be added. You can find details under "Shipping costs". We bear the regular costs of return shipping that arise in the event of a return of the goods by you in exercise of your right of withdrawal . When exercising your right of withdrawal, we also refund the shipping costs.
Payment
Payment is made upon delivery by
- Amazon Pay
- Apple Pay
- Google Pay
- Credit card
- PayPal
- Klarna
- eps transfer, iDEAL, Bancontact, Shop Pay
Default of payment
If you fall into default of payment, SGH Handelsgesellschaft mbH is entitled to charge default interest at a rate of 5 percentage points above the base interest rate announced by the Deutsche Bundesbank at the time of the order p.a. If SGH Handelsgesellschaft mbH can prove a higher default damage, SGH Handelsgesellschaft mbH is entitled to claim this.
Right of retention
The customer is only entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
Delivery
(1) Delivery is made to the delivery address specified by the customer, within
- Germany
- Europe
- Worldwide
(2) If force majeure (natural disasters, war, civil war, terrorist attack) makes delivery or any other service permanently impossible, SGH Handelsgesellschaft mbH is exempt from the obligation to perform. Already paid amounts will be refunded by SGH Handelsgesellschaft mbH without delay.
(3) SGH Handelsgesellschaft mbH may also refuse performance insofar as it requires an effort that, considering the content of the purchase contract and the principles of good faith, is grossly disproportionate to the customer's interest in fulfilling the purchase contract. Already paid amounts will be refunded by SGH Handelsgesellschaft mbH without delay.
(4) Bulky goods (packages with a volume larger than 1 sqm) are usually delivered by freight forwarder. SGH Handelsgesellschaft mbH expressly points out that these goods will not be carried into the house.
Cost-effective 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 opening for functional testing.
(2) Please use the fully prepaid and addressed return label attached to the goods delivery for the return shipment. This is the simplest and most cost-effective shipping option. There is no obligation to use this return procedure. However, if you choose an unnecessarily expensive shipping method, you may be obliged to pay us the increased costs compared to a cheaper shipping method.
Retention of title
Until full payment 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 contractual use of the goods.
Warranty rights
(1) A product that is already defective upon delivery (warranty case) will be replaced or properly repaired by SGH Handelsgesellschaft mbH at SGH Handelsgesellschaft mbH's expense at the customer's choice (subsequent performance). The customer is informed that there is no warranty case if the product had the agreed condition at the time of transfer of risk. In particular, a warranty case does not exist in the following cases:
- a) for damages caused at the customer's site by misuse or improper use,
- b) for damages caused by the products being exposed to harmful external influences at the customer's site (in particular extreme temperatures, moisture, extraordinary physical or electrical stress, voltage fluctuations, lightning strikes, static electricity, fire).
(2) SGH Handelsgesellschaft mbH also does not provide any warranty for a defect caused by improper repair by a service partner not authorized by the manufacturer.
(3) If the type of subsequent performance (replacement delivery or repair) desired by the customer requires an effort that is grossly disproportionate to the customer's interest in performance in view of the product price, taking into account the content of the contract and the principles of good faith – whereby in particular the value of the purchased item in a defect-free condition, the significance of the defect, and the question of whether the other type of subsequent performance can be used without significant disadvantages for the customer must be considered – the customer's claim is limited to the respective other type of subsequent performance. SGH Handelsgesellschaft mbH's right to refuse this other type of subsequent performance under the aforementioned condition remains unaffected.
(4) In both the case of repair and 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, stating the order number. Before sending, the customer must remove any items inserted by him from the product. SGH Handelsgesellschaft mbH is not obliged to check the product for the installation of such items. SGH Handelsgesellschaft mbH is not liable for the loss of such items unless it was readily apparent to SGH Handelsgesellschaft mbH upon receipt of the product that such an item had been inserted into the product (in this case, SGH Handelsgesellschaft mbH informs the customer and keeps the item ready for collection by the customer; the customer bears the costs incurred). In addition, before sending a product for repair or replacement, the customer must, if necessary, create separate backup copies of the system software, applications, and all data on the product on a separate data carrier and deactivate all passwords. No liability is assumed for data loss. It is also the customer's responsibility, after the repaired product or replacement product has been returned to him, to install the software and data and to reactivate the passwords.
(5) If the customer sends the goods in order to receive a replacement product, the return of the defective product is subject to the following conditions: 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. For loss or further deterioration of the goods not caused by the defect, as well as for the impossibility of returning the goods not caused by the defect during the period between delivery and return, the customer must provide compensation. The customer is not required to compensate for deterioration of the goods caused by proper use. The obligation to compensate is waived for the return of a defective product in the case of warranty,
- a) if the defect entitling withdrawal only became apparent during processing or modification,
- b) if SGH Handelsgesellschaft mbH is responsible for the deterioration or loss or if the damage would have occurred even at SGH Handelsgesellschaft mbH,
- c) if the deterioration or loss occurred at the customer's premises, although the customer exercised the care they usually apply in their own affairs.
(6) The customer's liability for damages in the event of a breach of the return obligation attributable to the customer is governed by the statutory provisions.
(7) The customer may, at their discretion, withdraw from the contract or reduce the purchase price if repair or replacement delivery has not led to a contractually compliant condition of the product within a reasonable period.
(8) Furthermore, claims against the manufacturer may also exist within the scope of a warranty granted by the manufacturer, which is governed by the corresponding warranty conditions.
(9) The statutory warranty of SGH Handelsgesellschaft mbH ends two years after 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 the breach of essential contractual obligations and limited to foreseeable damage. This limitation does not apply to injury to life, body, and health. SGH Handelsgesellschaft mbH is not liable for other damages caused by a defect in the purchased item due to slight negligence.
(2) Regardless of any fault of SGH Handelsgesellschaft mbH, liability remains unaffected in cases of fraudulent concealment of defects or from the assumption of a guarantee. The manufacturer's warranty is a warranty of 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) Personal liability of the legal representatives, vicarious agents, and employees of SGH Handelsgesellschaft mbH for damages caused by slight negligence is excluded.
Applicable law
The contract concluded between you and SGH Handelsgesellschaft mbH is subject exclusively to the law of the Federal Republic of Germany with the express exclusion of the UN Sales Convention. Mandatory provisions of the state in which you have your habitual residence remain unaffected.
Place of jurisdiction
If, contrary to your statements when ordering, you do not have a residence in the Federal Republic of Germany or move your residence abroad after concluding the contract or 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 SGH Handelsgesellschaft mbH, Wöllnitzer Str. 56, 07749 Jena, Germany.
Dispute resolution
General information obligations on alternative dispute resolution according to Art. 14 para. 1 ODR Regulation 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 neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
Final provisions
(1) Should individual provisions of this contract be wholly or partially invalid or void, the validity of the rest of the contract shall remain unaffected, provided that no party is unreasonably disadvantaged.
(2) Changes or additions to this contract require written form.
