AGB

§ 1 Scope and provider

These General Terms and Conditions apply to all orders placed by private individuals via the online store of Metalbau Görres GmbH, 53947 Zingsheim, Germany, Managing Director: Detlef Görres

Service Hotline: Mon. until Fri. 8 a.m. – 4 p.m. by phone +49 (2486) 80 29 200 e-mail post@goerres.info

The EU Commission offers the possibility of online dispute resolution on an online platform operated by it: http://ec.europa.eu/consumers/odr

§ 2 Conclusion of contract

§ 2.1 The product representations in the online store serve to submit a purchase offer. By clicking the button “conclude contract subject to payment” you submit a binding purchase offer. The sale of our products is only for private use in household quantities.

§ 2.2 We can accept your order by sending an order confirmation by e-mail or by delivering the goods within five days. The confirmation of receipt of the order does not yet constitute acceptance of the purchase offer.

§ 2.3 Should our order confirmation contain typographical or printing errors or should our price determination be based on transmission errors due to technical reasons, we shall be entitled to contest the order, whereby we must prove our error to you. Payments already made will be refunded to you immediately.
§ 3 Prices

§ 1 Scope and provider These General Terms and Conditions of Business apply to all orders placed by private individuals via the online shop of Metalbau Görres GmbH, 53947 Zingsheim, Managing Director: Detlef Görres Service hotline: Mo. to Fr. 8 – 16 o’clock under phone +49 (2486) 80 29 200 E-Mail post@goerres.info The EU Commission offers the possibility of online dispute resolution on an online platform operated by it: http://ec.europa.eu/consumers/odr § 2 Conclusion of contract § 2.1 The product representations in the online shop serve for the submission of a purchase offer. By clicking the button “conclude a contract subject to payment” you submit a binding purchase offer. Our products are only sold for private use in quantities customary in households. § 2.2 We can accept your order by sending an order confirmation by e-mail or by delivering the goods within five days. The confirmation of receipt of the order does not constitute an acceptance of the purchase offer. § 2.3 If our order confirmation should contain typing or printing errors or if our pricing is based on technical transmission errors, we are entitled to contest the order, whereby we must prove our error. Payments already made will be refunded immediately. § 3 Prices The prices stated on the product pages contain the legal value added tax and other price components and do not include shipping costs. §4 Shipping costs § 4.1 On delivery, the shipping costs are partially dependent on the product. For delivery within Germany Awning 99,- Euro Winter garden shades 189,- euro Terrace roofs 239,- Euro, For delivery to Austria, United Kingdom, Belgium, Netherlands, France, Luxembourg, Spain we charge 129,- Euro for awnings, 289,- Euro for conservatory shading, 315,- Euro for terrace roofs, for products from awnings accessories and spare parts and radiant heaters 11,- euro. For delivery to Switzerland we charge 350,- Euro for awnings, 350,- Euro for conservatory shading, 350,- Euro for terrace roofs, for products from awning accessories and spare parts and radiant heaters 11,- euro. § 4.2 For deliveries to non-EU countries, additional customs duties and fees will be charged. Further information can be found, for example, at http://ec.europa.eu/taxation_customs/dds/cgi-bin/tarchap?Lang=DE and on import turnover tax at http://auskunft.ezt-online.de/ezto/Welcome.do and, specifically for Switzerland, at http://xtares.admin.ch/tares/login/loginFormFiller.do. §5 Shipping costs § 5.1 Depending on the type of product, our products are delivered by works truck, forwarding agent or parcel service. Whether your ordered goods are delivered by truck or parcel service can be seen in the online shop at the respective product composition. Deliveries via factory truck forwarding, are always notified by telephone! So please do not forget to give your telephone number when ordering ! § 5.2 The expected delivery time is always described in the product offer § 5.3 If not all of the ordered products are in stock, we are entitled to make partial deliveries at our expense, as far as this is reasonable for you. § 5.4 Should the delivery of the goods fail despite three attempts to deliver, we can withdraw from the contract. Any payments made will be refunded to you immediately. § 5.5 If the ordered product is not available because we are not supplied with this product by our suppliers through no fault of our own, we can withdraw from the contract. In this case we will inform you immediately and, if necessary, suggest the delivery of a comparable product. If no comparable product is available or you do not wish to receive a comparable product, we will immediately refund any payments already made. § 6 Terms of payment § 6.1 You can choose between payment in advance, invoice payment. If you choose the prepayment method, we will provide you with our bank details in the order confirmation and deliver the goods after receipt of payment. § 6.2 If you choose the payment method prepayment, we will provide you with our bank details in the order confirmation. The invoice amount is to be transferred to our account within 8 days. § 6.3 If you are in default of payment, the purchase price is subject to interest at a rate of 5% above the base interest rate during the period of default. We reserve the right to prove and claim higher damages caused by default. § 6.5 You are only entitled to a right of set-off if your counterclaims have been legally established in court or are undisputed or have been acknowledged by us in writing. § 6.6 You may only exercise a right of retention if the claims result from the same contractual relationship. Shipping costs
§4 Shipping costs

§ 4.1 For delivery, shipping costs are partially dependent on the product.

For delivery within Germany

Awning 99,- Euro

Winter garden shades 189,- euro

Terrace roofs 239,- Euro,

For delivery to Austria, United Kingdom, Belgium, Netherlands, France, Luxembourg, Spain, we charge 129,- Euro for awnings, 289,- Euro for winter garden shading, 315,- Euro for terrace roofs,

for products from awnings accessories and spare parts and radiant heaters 11,- euro.

For delivery to Switzerland, we charge 350,- Euro for awnings, 350,- Euro for winter garden shading, 350,- Euro for terrace roofs,

for products from awningsAccessories and spare parts and radiant heaters 11,- euro.

§ 4.2 For deliveries to non-EU countries, additional customs duties and fees apply. Further information can be found, for example, at http://ec.europa.eu/taxation_customs/dds/cgi-bin/tarchap?Lang=DE and on import VAT at http://auskunft.ezt-online.de/ezto/Welcome.do and, specifically for Switzerland, at http://xtares.admin.ch/tares/login/loginFormFiller.do.
§5 Shipping costs

§ 5.1 Depending on the type of product, our products are delivered by factory truck, freight forwarder or parcel service. Whether your ordered goods will be delivered by truck or parcel service you can see in the online store at the respective product composition. Deliveries via factory truck forwarding, are always notified by telephone !

So do not forget to specify your phone number when placing an order !

§ 5.2 The expected delivery time is always described in the product offer

§ 5.3 If not all ordered products are in stock, we are entitled to make partial deliveries at our expense, provided this is reasonable for you.

§ 5.4 If the delivery of the goods fails despite three delivery attempts, we may withdraw from the contract. Any payments made will be refunded to you immediately.

§ 5.5 If the ordered product is not available because we are not supplied with this product by our suppliers through no fault of our own, we may withdraw from the contract. In this case, we will inform you immediately and, if necessary, suggest the delivery of a comparable product. If no comparable product is available or if you do not wish to receive a comparable product, we will immediately refund any consideration already paid.
§ 6 Terms of payment

§ 6.1 You can choose to pay in advance, invoice. If you choose payment in advance, we will give you our bank details in the order confirmation and deliver the goods after receipt of payment.

§ 6.2 If you choose payment in advance, we will provide you with our bank details in the order confirmation. The invoice amount is to be transferred to our account within 8 days.

§ 6.3 If you are in default of payment, the purchase price shall bear interest at a rate of 5% above the prime rate during the period of default. We reserve the right to prove and claim higher damages caused by delay.

§ 6.5 You shall only be entitled to set-off if your counterclaims have been legally established by a court or are undisputed or have been acknowledged by us in writing.

§ 6.6 You may only exercise a right of retention insofar as the claims result from the same contractual relationship.
§ 7 Retention of title

The goods remain our property until full payment. Prior to transfer of ownership, pledging, transfer by way of security, processing or transformation is not permitted without our consent.

§ 8 Right of withdrawal

Cancellation policy -> see here

§ 8.3 Please avoid damage and contamination. If possible, please return the goods to us in the original packaging with all accessories and with all packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please provide adequate protection against transport damage with suitable packaging to avoid claims for damages due to inadequate packaging.

§ 8.4 Please return the goods to us as a prepaid package and keep the delivery receipt. We will also be happy to reimburse you in advance for postage costs upon request, unless you are responsible for paying them yourself.

§ 8.5 Please call us before returning to announce the return. In this way you enable us to allocate the products as quickly as possible.

§ 8.6 Please note that the modalities mentioned in paragraphs 8.3 to 8.5 are not a prerequisite for the effective exercise of the right of withdrawal.

§ 8.7. Return shipping costs when exercising the right of withdrawal. If you make use of your legal right of revocation (see revocation instruction), you have to bear the regular costs of the return 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 case of a higher price of the goods, you have not yet rendered the consideration or a contractually agreed partial payment at the time of the revocation. Otherwise, the return is free of charge for you.
§ 9 Transport damage

§ 9.1 If goods are delivered with obvious transport damage, please complain about such defects immediately to the delivery person and contact us as soon as possible at +49 (2486) 80 29 200.

§ 9.2 Failure to make a complaint or to contact us shall have no consequences for your statutory warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
§ 10 Warranty

The warranty is provided in accordance with the statutory provisions.
§ 11 Liability

We exclude our liability for slightly negligent breaches of duty insofar as these do not relate to material contractual obligations, damage resulting from injury to life, limb or health, or guarantees, or claims under the Product Liability Act are affected. The same applies to breaches of duty by our vicarious agents.
§ 12 Awning Cloths Product Features

The high-quality coverings from us made of 100% brand acrylic are particularly strong and strikingly beautiful. The fabrics are produced on the most modern weaving machines, which guarantee a high degree of freedom from defects. Multiple careful checks ensure that only functionally flawless cloths are delivered. Irregularities caused by the manufacturing process, such as knots, thread thickening and waviness in the seam area, are unavoidable and do not entitle the customer to make a complaint. Likewise, the crease marks caused by folding, which can be seen as thin, transverse lines against the light, do not affect the quality of the cloth in any way. Detailed information can be found in the brochure “Richtlinien zur Beurteilung von konfektionierten Markisentüchern” (Guidelines for the assessment of ready-made awning fabrics) published by the Bundesverband Konfektion Technischer Textilien e.V. (Federal Association of Ready-Made Technical Textiles).

Download: Guidelines here (opens in new window and is a Pdf file.)

§ 13 Final provisions

§ 13.1 Should any provision of these General Terms and Conditions be invalid, the remainder of the contract shall remain valid. The relevant statutory provisions shall apply in place of the invalid provision.

§ 13.2 German law shall apply.

§ 13.3 The contractual language is German.

Frequently asked questions

How does the shopping cart system work?

Here you can get information about the process of an order.

Do I need to register?

After selecting the products you will be asked to enter your data. The mandatory fields are marked with *.
Optionally, you can open a customer account and for future orders after entering username and password
order without having to enter your address data again.

When does my order become binding?

After selecting the products you will be asked to enter your data. The mandatory fields are marked with *.
Optionally, you can open a customer account and for future orders after entering username and password
order without having to enter your address data again.

Is the contract text saved?

We store the text of the contract. The order data and the GTC will be sent to you by e-mail. Your past
You can also view orders under My Account. You can view, print and save the GTC here.

Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:

Die Europäische Kommission stellt eine Plattform zur Online-Streitbeilegung (OS) bereit, die du unter https://ec.europa.eu/consumers/odr findest. Verbraucher haben die Möglichkeit, sich für die Beilegung ihrer Streitigkeiten an [Name, Anschrift, Webseite der Schlichtungsstelle] zu wenden. Wir sind verpflichtet, an Verfahren zur Streitbeilegung vor dieser Stelle teilzunehmen. Wir werden an einem solchen Verfahren teilnehmen.