General terms and conditions

Status: September 2024

1. validity

The General Terms and Conditions (hereinafter referred to as "GTC") shall apply to all legal transactions concluded via the online store www.galaxus.be (hereinafter referred to as "online store"). The GTC are thus an integral part of all contracts that Galaxus Deutschland GmbH (hereinafter referred to as "Galaxus Germany") concludes with the customer for the delivery or service offered by it. Any terms and conditions of the customer that conflict with or deviate from these GTC shall not be recognized.

Galaxus Germany reserves the right to amend these GTC at any time. The version of these GTC in force at the time of the order shall apply in each case.

 

2. exhibition of the products and services in the online store.

The exhibition and description of products and services in the online store is directed exclusively at a clientele with a delivery address in Belgium; the exhibition and description of purely digital products and services is directed exclusively at a clientele resident in Belgium. A different billing address is possible. No VAT refund is offered by Galaxus Germany for goods independently shipped to third countries.

The exhibitions and descriptions are valid as long as the product can be found via the search engine in the online store and/or the stock lasts.

 

3. conclusion of contract

By submitting an order via the shopping cart of the online store, the customer makes an offer to Galaxus Germany to purchase the contents of the shopping cart. Receipt of the order is confirmed by Galaxus Germany sending an automatic e-mail to the customer (order confirmation). This order confirmation does not constitute acceptance of the customer's offer, but merely confirms receipt and further processing of the offer by Galaxus Germany.

The contract between Galaxus Germany and the customer shall be concluded upon confirmation of dispatch of the goods. If, in exceptional cases, no confirmation of dispatch is received, the contract shall be concluded at the latest upon receipt of the goods by the customer. If goods from an order process of the customer are shipped separately, a purchase contract between Galaxus Germany and the customer is concluded with each shipping confirmation, respectively with the respective receipt of the individual goods. Galaxus Germany is entitled to make partial deliveries, unless these constitute an unreasonable disadvantage to the customer.

Notwithstanding the right of cancellation according to clause 4, the customer may cancel his order for a product free of charge at any time before the associated shipping confirmation is sent.

For all product orders with a minimum age requirement of 18 years (in particular alcohol and tobacco products), the customer confirms compliance with these legal provisions with the order.

Orders in quantities not customary in the household may be rejected without justification.

 

4. consumer right of revocation

Customers who place an order with Galaxus Germany as consumers as defined by law shall be entitled to the statutory consumer right of revocation in accordance with the following clauses 4.1 to 4.3.

 

4.1 Revocation of your order

Cancellation policy

Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reason.

The revocation period is

1. fourteen days from the day following the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods;
2. in the case of a contract for several goods ordered by the consumer as part of a single order and delivered separately, fourteen days from the day following the day on which you or a third party named by you, who is not the carrier, have taken possession of the last goods and
3. in the case of a contract for the delivery of goods in several partial consignments or pieces, fourteen days from the day following the day on which you or a third party named by you, who is not the carrier, have taken possession of the last partial consignment or the last piece.

To exercise your right of withdrawal, you must:

Galaxus Deutschland GmbH
Hoheluftchaussee 18
20253 Hamburg

galaxus@galaxus.be

by means of an unambiguous declaration (e.g. a letter sent by mail or byE-mail) about your decision to revoke this contract. You can use the attached sample withdrawal form, which is not mandatory.

You can use theSample cancellation form on our websiteor another clear declaration also on our website www.galaxus.be (in your individual customer account or the sample withdrawal form by pdf download) electronically fill out and submit. If you make use of this option, we will immediately send you (e.g. by e-mail) a confirmation of receipt of such revocation.

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.

 

4.2 Consequences of the statutory revocation

If you withdraw from this contract, we will reimburse you for 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 delay and at the latest within ten days from the day on which we receive notification of your withdrawal from this contract.We will reimburse you immediately 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 can refuse the 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 or to Galaxus Deutschland GmbH, Hans-Günther-Sohl-Straße 2-4, 47807 Krefeld, Germany, without delay and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. We will bear the costs of returning the goods.

You only have to pay for any loss of value of the goods if this loss of value is due to the handling of the goods which is not necessary for the inspection of the condition, properties and functioning of the goods.

 

4.3 Non-existence of the right of withdrawal

The right of withdrawal does not apply to contracts

• for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,
• for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded,
• for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene, if their seal was removed after delivery,
• for the delivery of goods if these have been inseparably mixed with other goods after delivery due to their nature,
• for the delivery of alcoholic beverages, the price of which was agreed upon at the time of the conclusion of the contract, but which can be delivered at the earliest 30 days after the conclusion of the contract and the current value of which depends on fluctuations on the market over which the entrepreneur has no influence,
• for the delivery of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery,
• for the delivery of digital content that is not delivered on a tangible data carrier, when the performance of the contract has begun and - in the case of a contract where a payment obligation arises for the consumer -. if the consumer has previously expressly consented to the commencement of the performance of the contract during the withdrawal period and, before the commencement of the performance of the contract, the consumer has expressly confirmed that he is aware of the loss of his right of withdrawal,
• for the delivery of newspapers, periodicals or magazines with the exception of subscription contracts.

 

4.4 Voluntary right of return

In addition to the statutory consumer right of revocation, Galaxus Germany grants all customers a voluntary right of return for a total of 30 days from receipt of the goods. This voluntary right of return in no way restricts the statutory rights of consumers and thus in particular their right of revocation described above. The return of goods on the basis of this voluntary right of return is subject to theReturn Policyof Galaxus Germany.

 

5. dates

With the order confirmation, the customer is informed of a provisional delivery date or the customer is contacted and an individual delivery date is agreed. Galaxus Germany attaches great importance to providing up-to-date and accurate information on availability and delivery times in the online store. However, delays in delivery may occur, particularly due to production or delivery bottlenecks. All information on availability and delivery time therefore does not represent binding or guaranteed shipping or delivery dates, unless this is expressly designated as a binding date in the shipping options of the respective product.

The occurrence of any delay in delivery shall be determined in accordance with the statutory provisions, whereby a reminder by the customer shall be required in any case.

 

6. delivery, shipment

In the case of products and services from Galaxus Germany, the customer has all delivery and collection options available to him (if applicable, also by way of downloading digital content), which are noted in the online store under "Delivery and Collection".

If a delivery option is subject to a charge, this will be indicated to the customer in the order overview.

If available, Galaxus Germany may grant the customer the option of a delivery subject to an additional charge, in the context of which the CO2 emissions (CO2 footprint) generated in the value chain (from production to delivery to the customer) are fully or partially offset by Galaxus Germany. The costs of CO2-compensated delivery amount to a maximum of 5% of the value of the goods in the respective order. If this delivery option is available, it will be indicated to the customer in the order overview, together with the delivery costs incurred in the individual case. Galaxus Germany will pass on the delivery costs incurred when selecting this delivery option, insofar as they exceed the costs of the cheapest standard delivery, in full to third-party suppliers who hereby promote selected environmental projects. The costs of CO2-compensated delivery shall only be incurred if a purchase contract is effectively concluded, but shall not be reimbursed if the voluntary right of return is exercised in accordance with § 4 para. 4 of these GTC and if the statutory right of withdrawal is exercised, cf. § 357 para. 2 p. 2 BGB Galaxus Germany assumes no liability for the correctness of the calculation of the CO2 footprint and the delivery costs as well as supplementary information and assurances provided by the respective shipping service provider or third-party provider.

The delivery address of the customer must be in Belgium and easily accessible by truck. If this is not the case, the customer bears the possible additional costs.

Parcel goods are always delivered exclusively to the front door. In the case of forwarded goods, delivery is usually made to the place of use and at least to the curb. In this case, the customer is responsible for ensuring that access to the place of use is possible and guaranteed. The customer must check whether the product fits through the access points (e.g. staircase, doors, etc.). If the product cannot be transported to the place of use, the customer shall bear any additional costs for this.

If the customer does not accept the ordered goods on the delivery date, although the delivery date was agreed or announced with reasonable notice, or if the delivery is not possible because the goods do not fit through the accesses, the customer shall bear the costs of the unsuccessful delivery.

 

7. product images and prices

Images of products in advertising, brochures, online store, etc. are for illustrative purposes and are not binding.

All sales prices published in the online store are final prices that include all taxes (in particular VAT). Any additional services ordered that are subject to a charge, such as assembly, disposal, etc., will be listed separately in the shopping cart and on the invoice.

Despite the greatest efforts and control, it can happen that prices on individual products are inadvertently issued incorrectly. Galaxus Germany checks the prices awarded in the online store at regular intervals. Should this check reveal an error in the price display and should the actual purchase price be higher than the purchase price displayed in the online store, the customer will be informed immediately. Provided that the contract has not yet been concluded at this point, the customer can decide whether to maintain the order at the correct purchase price or to cancel the order.

The customer is advised that due to the mass and speed with which orders are processed, it cannot be ruled out that incorrect price information will only be discovered after the contract has been concluded, i.e. after receipt of a shipping confirmation or after delivery of the goods. In such cases, Galaxus Germany remains unrestrictedly entitled to contest the contract in accordance with the statutory provisions.

 

8. payment modalities, retention of title

The customer has the payment options offered as a means of payment in the online store under "Payment options".

The goods remain the property of Galaxus Deutschland GmbH until the purchase price has been paid in full.

 

9 Warranty and limitation of liability

9.1 Basic provisions

The customer is entitled to the statutory warranty rights.

If subsequent performance has taken the form of a replacement delivery, the customer shall be obliged to return the original goods to Galaxus Germany within 30 days at the latest at Galaxus Germany's expense. The defective goods must be returned in accordance with the statutory provisions. Galaxus Germany reserves the right to assert any claims for damages.

In the case of the purchase of goods with digital elements, the respective digital content or services are not provided by Galaxus Deutschland, but by the respective manufacturer. Galaxus Germany is also not obligated to do so vis-à-vis consumers.

Galaxus Deutschland shall be liable for damages based on an intentional or grossly negligent breach of duty by Galaxus Deutschland or a legal representative or vicarious agent of Galaxus Deutschland. In addition, Galaxus Deutschland shall also be liable for negligent breaches of duty insofar as these relate to an essential contractual obligation, i.e. an obligation the fulfillment of which is a prerequisite for the proper execution of the contract and on the observance of which the customer regularly relies and may rely. Damages for the breach of an essential contractual obligation shall be limited to the foreseeable, typically occurring damage.

In all other cases, the liability of Galaxus Germany is excluded. Insofar as the liability of Galaxus Germany is excluded or limited, this shall also apply to the personal liability of its employees, representatives and vicarious agents.

The aforementioned limitation of liability shall not apply in the event of injury to body, health and life, in the event of defects following the assumption of a guarantee for the quality of the respective product or in the event of fraudulently concealed defects.

Liability under the Product Liability Act remains unaffected.

Any manufacturer warranties are subject exclusively to the manufacturer's terms and conditions and do not give rise to any claims by the customer against Galaxus Germany. This also applies if Galaxus Germany offers assistance in handling warranty cases.

 

9.2 Additional provisions for used goods

Already discounted products, which are marked in the online store as "used + tested", "as new + tested", or "reconditioned" (hereinafter: Used goods), may show signs of use, dirt from previous use, minor defects that do not or only insignificantly restrict normal use, defects or functional limitations and similar restrictions typical for used goods. These restrictions are indicated in the article details in each case, they thus correspond to the subjective requirements within the meaning of warranty law. The customer will carefully check the respective item details before ordering used goods in order to avoid misunderstandings.

 

10. further limitations of liability

The conditions listed underthis linkretrievable limitations of liability.

 

11. choice of law and place of jurisdiction, severability clause, goodwill

The legal relationship between Galaxus Germany and the customer shall be governed exclusively by substantive German law. In addition, mandatory provisions of the law of the country in which the customer has his habitual residence are applicable if the customer concludes a purchase contract that cannot be attributed to your professional or commercial activity (consumer contract).

If the customer is a merchant as defined by the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship, including international disputes, shall be Hamburg. Galaxus Germany is, however, also entitled to bring an action at the customer's general place of jurisdiction. We are neither prepared nor obliged to participate in dispute resolution proceedings before consumer arbitration bodies.

Any invalidity of individual provisions of the contract shall not affect the remaining part of the contract.

If these General Terms and Conditions are violated by the customer and Galaxus Germany does not take immediate action against this, this shall not constitute a waiver from any point of view, but at most a goodwill gesture. Galaxus Germany thus remains entitled to exercise all rights vis-à-vis the customer in the event of a renewed violation.