Terms of service
1. Scope and General Provisions
1.1 These General Terms and Conditions (hereinafter "GTC") apply to all contracts between g-lab GmbH (hereinafter "g-lab" or "we") and the purchaser (hereinafter "purchaser" or "customer") concerning our online shop "g-lab.com".
1.2 If the customer places an order via our online shop, the customer accepts our GTC. Deviating terms and conditions shall not be recognized unless we have expressly agreed to them in writing.
1.3 The customer must be at least 18 years old. When placing an order, the customer must provide a valid name, a valid email address, and a delivery address.
2. Contractual Partner
2.1 Contractual partner is:
g-lab GmbH
Gladbacher Straße 78
40219 Düsseldorf
represented by the Managing Director Björn Gericke
registered in the commercial register of the Local Court of Düsseldorf HRB 48190
Tel.: +49 211 4361670
E-Mail: info@g-lab.com
3. Offer and Conclusion of Contract
3.1 The presentation of goods on our website does not constitute an offer by g-lab to conclude a purchase agreement.
3.2 By submitting the order form provided on our website to us, the customer makes a binding offer to conclude a purchase agreement with us. The customer submits the offer by entering all required information during the ordering process, completing the ordering process on our website, and sending the order to us. Before submitting the offer, the customer is provided with an overview of the information entered by him and the opportunity to correct any input errors.
3.3 After receipt of the customer's order, we will send the customer an email confirming receipt of the order and setting out the details of the order (order confirmation). This order confirmation does not constitute acceptance of the contractual offer but merely serves to inform the customer.
3.4 The purchase agreement between the customer and g-lab is only concluded when we accept the offer by dispatching the ordered goods.
3.5 g-lab is entitled to reject a customer's offer without stating reasons, in particular if there is justified reason to suspect that the goods purchased via the Internet are intended for commercial resale.
4. Prices and Shipping Costs
4.1 The prices stated on our website at the time of the order shall apply. All prices on our website and in the online shop are in EURO (EUR) and include the applicable statutory value-added tax. Shipping costs shall be charged separately.
4.2 In the case of deliveries to non-EU countries, customs duties, taxes, and fees may be incurred, which shall be borne by the customer.
4.3 The shipping costs are calculated dynamically during the ordering process and displayed in the shopping cart before the order is placed. In the case of partial deliveries pursuant to clause 5.1, shipping costs shall in any event only be charged once.
5. Delivery and Shipping
5.1 We are entitled to make partial deliveries insofar as this is reasonable for the customer. If additional shipping costs arise as a result of a partial delivery arranged by us, we shall bear such costs. If partial deliveries are made at the customer's express request, we may charge separate shipping costs for each additional partial delivery.
5.2 The delivery times stated by us shall be calculated from the time of our order confirmation, provided that the purchase price has been paid in advance (except in the case of purchase on invoice). Unless no delivery time or no different delivery time is specified for the respective goods in our online shop, the delivery time shall be 1 to 5 working days, depending on the selected shipping method and delivery location. Delivery delays may occur due to unforeseen events (e.g. extreme weather, strikes, war, etc.).
6. Payment, Default in Payment, Right of Retention
6.1 The purchase price, including shipping costs, shall be due upon placing the order. Payments and refunds shall be settled in Euro.
6.2 The customer shall not be entitled to set-off unless the counterclaim has been finally adjudicated, is ready for decision, or is undisputed, or unless it comprises a claim for reimbursement of costs of remedying defects arising from the same contractual relationship.
6.3 The customer may assert a right of retention only insofar as the customer's counterclaim arises from the same contractual relationship.
7. Retention of Title
7.1 The goods shall remain our property until full payment has been made.
8. Withdrawal and Returns
8.1 If the customer is a consumer, the customer shall have a statutory right of withdrawal of 14 days. Within 14 days, the customer may withdraw from the contract without stating any reasons. The withdrawal period shall begin on the day on which the customer, or a third party named by the customer who is not the carrier, has taken possession of the last goods.
Information on the Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without stating any reasons. The withdrawal period shall be fourteen days from the day on which you, or a third party designated by you who is not the carrier, took possession of the last goods. In order to exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post, telefax, or email). You may use the attached model withdrawal form for this purpose, although this is not mandatory.
By post:
g-lab GmbH, Gladbacher Str. 78, 40219 Düsseldorf, Germany
By E-Mail:
customercare@g-lab.com
By telephone:
+49 211 436 167 20
You may also exercise your right of withdrawal online at [URL of the withdrawal function – to be inserted following technical implementation]. If you use this online function, we will promptly provide you, on a durable medium (e.g. by email), with an acknowledgement of receipt containing information on the content of the withdrawal notice as well as the date and time of its receipt.
To comply with the withdrawal period, it is sufficient that you send the notification concerning the exercise of the right of withdrawal before the withdrawal period expires.
Effects of Withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the additional costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received notice of your withdrawal from this contract. For this reimbursement, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return the goods without undue delay and in any event no later than fourteen days from the day on which you notify us of the withdrawal from this contract, to
g-lab Online Store
c/o GV Logistik GmbH
Bosch Straße 7 - 9
41189 Mönchengladbach, Germany
The deadline is met if you send the goods before the period of fourteen days has expired. You shall bear the direct costs of returning the goods. You shall only be liable for any diminished value of the goods if such diminished value is due to handling of the goods that was not necessary for examining their nature, characteristics, and functioning.
End of the Information on the Right of Withdrawal
8.2 We provide information on the model withdrawal form in accordance with the statutory provisions as follows. If the customer wishes to withdraw from the contract, this template may be used:
Model Withdrawal Form
– To g-lab GmbH, Gladbacher Str. 78, 40219 Düsseldorf, Germany, customercare@g-lab.com
– I/We (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)
– Ordered on (*)/received on (*)
– Name of the consumer (*)
– Address of the consumer (*)
– Signature of the consumer (*) (only if notified on paper)
– Date
(*) Delete as applicable.
9. Warranty
9.1 We shall be liable for material defects and defects in title of the delivered products in accordance with the applicable statutory provisions. The limitation period for statutory warranty claims shall be two years from delivery of the goods.
10. Liability
10.1 Unless otherwise provided in these GTC, including the following provisions, we shall be liable for breaches of contractual and non-contractual obligations in accordance with the statutory provisions.
10.2 We shall be liable for damages — irrespective of the legal basis — within the scope of fault-based liability in cases of intent and gross negligence. In cases of simple negligence, subject to statutory limitations of liability (e.g. duty of care in one's own affairs; insignificant breach of duty), we shall be liable only
- a) for damage arising from injury to life, body, or health;
- b) for damage arising from the breach of a material contractual obligation (an obligation the performance of which is essential for the proper execution of the contract and on the observance of which the buyer may regularly rely); in this case, our liability shall be limited in amount to compensation for the foreseeable damage typically to be expected, but in any event to no more than twice the respective net order value.
10.3 The above limitations of liability shall also apply vis-à-vis third parties and in the event of breaches of duty by persons (including in their favour) whose fault we are responsible for under statutory provisions. The above limitations of liability shall not apply insofar as a defect has been fraudulently concealed or a guarantee for the quality of the goods has been assumed, or to claims of the buyer under the German Product Liability Act.
10.4 In the event of a breach of duty that does not consist in a defect, the buyer may withdraw from or terminate the contract only if we are responsible for the breach of duty. Any free right of termination of the buyer (in particular pursuant to sections 650, 648 of the German Civil Code (BGB)) is excluded. In all other respects, the statutory requirements and legal consequences shall apply.
11. Data Protection
11.1 We collect and process the customer's personal data exclusively in accordance with the General Data Protection Regulation (GDPR). For the purpose of assessing creditworthiness, we may obtain information from external service providers and make the offered method of payment dependent on the result. Further information on the processing of personal data, on the customer's rights as a data subject, and on the customer's rights to object can be found in our Privacy Policy at www.g-lab.com/pages/datenschutz.
12. Final Provisions / Severability Clause
12.1 The laws of the Federal Republic of Germany shall apply exclusively. If, at the time of placing the order, the customer has his or her habitual residence in another country, the application of mandatory consumer protection provisions of that country shall remain unaffected by this choice of law.
12.2 The European Commission has established an online platform for online dispute resolution. This platform serves as a point of entry for the out-of-court resolution of disputes concerning contractual obligations arising from online sales contracts. Further information is available at the following link: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
12.3 Should one or more provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions. The statutory provisions shall replace the invalid provisions, where available. However, if this would constitute an unreasonable hardship for one of the contracting parties, the contract shall be invalid in its entirety.
