General Terms and Conditions of Business and Delivery
of Drei Gürteltiere UG, Alpseestr. 6, 81377 Munich
Authorized representatives: Alexander Jürgens (Managing Director), Patrick Seidler and Christian Jürgens (hereinafter referred to as Drei Gürteltiere)
§ 1 General
All deliveries of Drei Gürteltiere to the customer are based on the following General Terms and Conditions. These are the basis for all offers and agreements between Drei Gürteltiere and the customer and are considered accepted for the duration of the entire business relationship. Conflicting or deviating conditions of the buyer are only binding if Drei Gürteltiere has accepted them in writing.
The contract language is German.
The terms and conditions apply in the version valid at the time of the conclusion of the contract. These are available at www.dreiguerteltiere.de in printable version free of charge.
§ 2 Conclusion of contract
(1) By sending the completed order form on the Internet, the customer submits a binding offer to conclude a purchase contract or a contract for work and materials. Before the final sending, the customer has the possibility on an overview page to check the correctness of his entries and to correct them if necessary.
(2) The order confirmation does not represent an acceptance of the offer, but is only intended to inform the customer that his order has been received by Drei Gürteltiere UG. The contract is only concluded when Drei Gürteltiere sends the ordered product to the customer and confirms the shipment to the customer with a second e-mail (shipping confirmation).
§ 3 Delivery / Shipping
(1) Delivery is generally within three weeks from receipt of the order confirmation by the customer. Delivery dates and delivery periods are only binding if they have been confirmed by Drei Gürteltiere expressly and in writing as such.
(2) Delivery is made by a shipping service provider to be chosen by Drei Gürteltiere. The customer has to pay a postage of 3 EUR per belt if he is domiciled in Germany. Shipments to Europe will be charged a flat rate of 4 EUR. Worldwide 6 EUR as letter mail.
§ 4 Prices
(1) The prices are gross single prices in Euro and include the respective legal value added tax.
(2) With updating of the internet pages all former prices are replaced. The version valid at the time of the order is decisive in each case.
§ 5 Payment
(1) The purchase price is to be paid by bank transfer (advance payment) or by direct debit.
(2) If you choose bank transfer (prepayment) as the method of payment, you will receive an e-mail after your order with the account details to which you transfer the purchase price plus shipping costs for payment in advance.
(3) The ordered goods will be shipped after receipt of the amount on the account of Three Armadillos.
§ 6 Retention of title
(1) The goods remain the property of Three Armadillos until the settlement of the claims due to Three Armadillos. If the customer is a merchant in the sense of the HGB, Drei Gürteltiere retains ownership of all delivery items until receipt of all payments from the business relationship.
(2) The customer is obliged to treat the goods with care until the transfer of ownership to him.
§ 7 Warranty
(1) Information, drawings, illustrations, technical data, weights, dimensions and performance descriptions contained in brochures, catalogs, circulars, advertisements or price lists are for information purposes only. Three Armadillos does not guarantee the accuracy of this information. With regard to the type and scope of delivery, only the information contained in the order confirmation is decisive.
(2) Insofar as a defect subject to warranty exists, the customer is entitled within the framework of the statutory provisions to demand supplementary performance, to withdraw from the contract or to reduce the purchase price.
(3) In the case of returns due to defects, Drei Gürteltiere will also pay the postage costs. The customer is obliged to choose a shipping method that avoids unnecessary costs. Drei Gürteltiere sends in these cases a shipping bill from DHL to the customer, which is to be used for the return.
(4) The customer's claims under warranty require that the customer, if the customer is a merchant, has fulfilled its obligations to inspect the goods and to give notice of defects as owed under § 377 HGB.
(5) The limitation period for warranty claims for the delivered goods is two years from receipt of the goods. If the customer is an entrepreneur, the limitation period shall be one year.
§ 8 Limitation of Liability
(1) For damages liable Three Armadillos, regardless of the legal basis, only in case of intent and gross negligence. Any further liability for damages is excluded. The limitation of liability does not apply to personal injury, health and bodily injury. Liability under the Product Liability Act remains unaffected by the above provisions.
(2) Insofar as the liability of Three Armadillos is excluded or limited, this also applies to the personal liability for damages of the employees, workers, staff, representatives and agents of Three Armadillos.
(3) Defects in products, which are based on incorrect dimensions or incorrect customer information, are the sole responsibility of the customer.
(4) The customer is expressly advised that outer fabrics in particular are living materials and that despite the most careful processing, differences in shape and design can occur even if the same dimensions are used as a basis. The customer therefore acknowledges that minor deviations in quality, color and fit cannot justify defects in the ordered goods.
§ 9 Right of withdrawal
Consumers are entitled to a right of revocation according to the following provisions (whereby a consumer is any natural person who concludes a legal transaction for a purpose that can be attributed neither to his commercial nor to his independent professional activity).
This right of withdrawal does not apply to contracts for the supply of goods that Drei Gürteltiere has made or had made based on specifications of the customer. This also applies to products that were clearly tailored to personal needs of the customer, such as (but not limited to) products that are printed with the customer's text.
(1) Cancellation policy
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the goods.
To exercise your right of withdrawal, you must contact us (
Phone: +49 (0) 89 20201455
) by means of a clear declaration (e.g. a letter sent by mail, fax or e-mail) about your decision to revoke this contract. You can use the attached sample withdrawal form for this purpose, which is, however, not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse repayment 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 or hand over the goods to us without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. 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 will 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.
End of the cancellation policy
(2) Sample cancellation form
Sample cancellation form
(If you wish to cancel the contract, please complete and return this form). To
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
- Ordered on (*) ____________ / received on (*) _________________
- Name of consumer(s): ____________________________
- Address of consumer(s): ___________________________
- Signature of consumer(s) (only in case of paper communication): ____________
- Date: _________________
(*) Delete as applicable.
§ 10 Cost sharing agreement
If you make use of your right of revocation, you must bear the regular costs of the return shipment if the delivered goods correspond to the ordered goods and if the price of the goods to be returned does not exceed an amount of 40 euros or if, in the case of a higher price of the goods, you have not yet provided the consideration or a contractually agreed partial payment at the time of the revocation. Otherwise, the return shipment is free of charge for you.
§ 11 Copyrights to print designs, release from liability
(1) If the customer transmits its own motif (coat of arms / logo) or takes other influence on the product (initials), the customer assures Drei Gürteltiere that the text and motif are free of third party rights. Any copyright, personality or name rights violations are in this case fully at the expense of the customer. Also, the customer assures that he does not violate any other rights of third parties through the individualization of the product.
(2) The customer will indemnify Drei Gürteltiere from all claims and demands, which are asserted due to the violation of such rights of third parties, as far as the customer is responsible for the breach of duty. The customer shall reimburse Drei Gürteltiere for all defense costs and other damages incurred.
(3) Without exception, the images used may only be used with the written permission of Drei Gürteltiere UG.
§ 12 Data Protection
(1) Drei Gürteltiere processes personal data of the customer for a specific purpose and in accordance with the statutory provisions. The personal data provided for the purpose of ordering goods (such as name, e-mail address, address, payment data) are used by Drei Gürteltiere for the fulfillment and execution of the contract. This data will be treated confidentially by Drei Gürteltiere and will not be disclosed to third parties who are not involved in the ordering, delivery and payment process. The customer has the right to request free information about the personal data stored by Three Armadillos about him. In addition, he has the right to correct inaccurate data, blocking and deletion of his personal data, provided that no legal obligation to preserve records is opposed. The deletion of the collected inventory data is carried out in accordance with the legal provisions.
§ 13 Link to the online platform for online dispute resolution
For the out-of-court settlement of consumer disputes, the European Union has set up an online platform ("OS platform"), which you can contact soon. You can find the platform at http://ec.europa.eu/consumers/odr. Our email address is: die(at)dreiguerteltiere.de.
§ 14 Final Provisions
(1) Should individual provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions.
(2) Place of performance is Munich. Place of jurisdiction is, as far as legally permissible, Munich.
(3) German law shall apply to the exclusion of international private law and the UN Convention on Contracts for the International Sale of Goods incorporated into German law.
Status: November 2019