Terms and Conditions
1. CONCLUSION AND DELIVERY
1.1 The offers on www.goofash.com are a non-binding invitation to you to order goods via the online shop. Contractual partner for orders of goods is GOOFASH, c/o Roman Kasischke, Barbarossaplatz 5, 50674 Köln, Germany. Contracts are concluded exclusively in German or English.
1.2 By ordering the desired goods, you make a binding offer to conclude a purchase contract, which takes place in the shopping cart by clicking on the “buy now” button. The receipt of the order will be confirmed immediately after sending the order by e-mail. With the receipt of the order confirmation comes a binding purchase contract.
1.3 We are only obliged to deliver the goods if we have been supplied correctly or on time by our suppliers. Furthermore, as a condition we are not responsible for the lack of availability of goods and inform them immediately about this fact. In addition, we do not assume the risk regarding the nature of the ordered goods. The payments already made will be reimbursed immediately if they are unavailable.
1.4 We only accept the obligation to deliver goods from our existing assortment and the goods we order from our suppliers. When specifying working days, this includes all days from Monday to Friday, with the exception of public holidays.
1.5 Subject of the contract is the goods ordered by you. Regarding the nature and delivery time, the information in the offer description on the respective product detail page. We do not assume the procurement risk for the procurement of ordered goods according to their nature and characteristics.
2. PRICES AND SHIPPING COSTS
2.1 All prices quoted within the countries of the European Union are gross prices in Euro, which include VAT. The prices for countries outside the European Union are net prices in US dollars excluding VAT. Prices are valid on the day orders are submitted.
2.2 The shipping costs are covered by us. For certain orders, an express delivery is offered where they have to bear the costs incurred during the ordering process.
3. PAYMENT AND OWNERSHIP
3.1 As payment methods we offer you advance payment, credit card, invoice, Paypal and other payment options. We reserve the right to refuse to offer certain payment methods, to refer to other payment methods and to process the payment exclusively in electronic form. Possible costs for the money transaction are borne by them.
3.2 Until complete payment, the delivered goods remain our property. In case of default of payment, we reserve the right to charge a lump-sum reminder fee of EUR 5.00 per reminder as default damage.
4. WARRANTY AND LIABILITY
4.1 If the supplementary performance has been effected by means of a replacement delivery, they are obliged to return the goods delivered first within 30 days to us at our expense. The return of the defective goods must be made in accordance with the statutory provisions. We reserve the right to claim damages under the legally regulated conditions.
4.2 In cases of intent or gross negligence, we are liable according to the German statutory provisions. Liability for warranties is independent of debt. For slight negligence we are liable only according to the provisions of the German Product Liability Act, because of injury to life, body or health or because of the violation of essential contractual obligations. The claim for damages for the slightly negligent breach of essential contractual obligations, however, is limited to the contract-typical, foreseeable damage, insofar as liability is not due to injury to life, limb or health. We are liable to the same extent for the fault of vicarious agents and representatives.
4.3 The provision of paragraph (4.2) extends to damages in addition to performance, compensation instead of performance and the claim for compensation for futile expenses, for whatever legal reason, including liability for defects, default or impossibility.
5. COUPONS AND REDEMPTION
5.1 Promotional Vouchers are not available for purchase and Gift Vouchers are purchased. Promotional vouchers can not be used to purchase gift vouchers.
5.2 The value of the vouchers will not be paid in cash and will not be refunded if goods are returned in whole or in part. Several coupons can not be used in combination.
5.3 Vouchers can only be redeemed before completing the order process to purchase products at www.goofash.com. If the credit of a voucher for the order is not sufficient, then the difference can be compensated by the offered payment options.
6. RIGHT OF WITHDRAWAL
Cancellation: You can cancel your contract within 14 days without giving reasons in writing (eg, e-mail, letter) or by returning the goods before the deadline. The period starts from the day on which you or a named third party (not the carrier) has taken possession of the goods or partial deliveries. The revocation must be sent to: GOOFASH, c/o Roman Kasischke, Barbarossaplatz 5, 50674 Köln, Germany, Telephone: +49 (0)221 4508 9115, E-Mail:firstname.lastname@example.org, Web: www.goofash.com. You can also electronically complete and send the declaration via the contact form on the website. In this option, they will be sent immediately (eg by e-mail) a confirmation of receipt of the revocation. It is sufficient if you send the declaration on the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of Consequences: If you withdraw from this contract, we have you all the payments we have received from you, including the delivery costs (except for the additional costs that result from giving you a different delivery than the one we offer, most favorable Standard delivery), immediately and no later than fourteen days from the day on which the notification of your cancellation of this contract has been received by us. For this repayment, we will use the same form of payment that you used in the original transaction, unless otherwise agreed with you. In no case will you be charged for this repayment fees. We may refuse to repay you 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 to us immediately and in any event not later than fourteen days from the date on which you inform us of the cancellation of this contract. In the case of an effective cancellation, the goods received are to be returned and any possible benefits taken are to be surrendered. If you can not give us or return the received goods as well as uses (eg advantages of use) or only in a deteriorated condition, you have to pay us compensation. For the deterioration of the thing you must pay compensation only if the deterioration is due to a handling of the thing, which goes beyond the examination of the properties and functioning. By “checking the properties and the mode of operation” is meant testing and trying out the respective goods, as is possible and customary in a retail store. You have to bear the regular costs of the return, if the delivered commodity corresponds to the ordered and if the price of the thing to be returned does not exceed an amount of 40 euro or if you with a higher price of the thing at the time of the revocation still not the consideration or a contractually agreed partial payment. Otherwise, the return is free of charge.
Model withdrawal form: (If you want to cancel the contract, please fill out this form and send it back) to GOOFASH, c/o Roman Kasischke, Barbarossaplatz 5, 50674 Köln, Germany, E-Mail: email@example.com
I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) /
Ordered on (*) / received on (*)
Name of the consumer (s)
Address of the consumer (s)
Date (*) Delete as appropriate
End of revocation
7. OPTION TO RETURN UP TO 180 DAYS
7.1 We offer you the option to return products and cancel the contract within 180 days after the receipt, even after the 14 days withdrawal period has expired.
7.2 The option to return within 180 days is preconditioned upon you having worn the products only as you would do in a shop. Furthermore the products have to be in original condition, intact, undamaged, unsealed and in its original packaging. This option does not limit your statutory warranty rights and cannot be applied to coupons.
7.3 The conditions of the statutory withdrawal right apply exclusively until its expiration and the statutory warranty rights remain unaffected from the return option. Within the voluntary 180 days return option the refund can be done in form of a coupon or upload to our digital wallet system.
8. FINAL PROVISIONS
The validity of the UN sales law is excluded, German law applies. By placing an order the general terms and conditions of GOOFASH are recognized. If they do not have a general place of jurisdiction in Germany or in another EU member state, the exclusive place of jurisdiction for all disputes arising from this contract is our place of business.