Terms of service

1. Scope

The following General Terms and Conditions (“Terms of Service”, “Terms”) apply to all contracts concluded via the online shop between Goldfels Julian Pfeffer and customers in the version valid at the time of the order.

A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor related to their independent professional activity.

An entrepreneur is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

Deviating, conflicting or supplementary general terms and conditions of entrepreneurs shall only become part of the contract if we have expressly agreed to their validity in writing.

Where a customer provides a company name and a valid VAT identification number and places an order predominantly for business purposes, we generally treat this customer as an entrepreneur within the meaning of these Terms.

2. Contracting Party, Languages, Conclusion of Contract

The contractual partner is always:

• Goldfels Julian Pfeffer
• Eichenhainstr. 11
• 94526 Metten
• Germany

— hereafter “Goldfels”, “we”, “us” —

Contracts can be concluded in German and English.

The Terms of Service are available in both German and English and are displayed on our website in the respective language version. In case of discrepancies between language versions, the German version shall prevail for interpretation.

The presentation of the goods in the online shop does not yet constitute a legally binding contract offer on our part, but merely a non-binding invitation to customers to order goods (invitatio ad offerendum).

By completing the order process in the online shop, the customer submits a binding offer to conclude a purchase contract for the goods in the shopping cart.

An order and thus a binding offer for the purchase contract is made when the customer successfully completes the ordering procedure and clicks the “Buy now” (or similarly labelled) button.

Before submitting the order, the customer can view and, if necessary, correct the data provided at any time using the correction aids provided in the order process. The order process can be cancelled at any time before pressing the “Buy now” button.

After receipt of the order, the customer will immediately receive an automatically generated e-mail confirming receipt of the order (“order confirmation”). This order confirmation also constitutes our acceptance of the offer and the conclusion of the contract.

The order data and the Terms of Service valid at the time of the order are sent to the customer with the order confirmation e-mail. For security reasons, past order data are no longer accessible online after completion of the order.

3. Prices, Shipping Costs, Payment

All prices stated on the product pages are shown in the currency displayed in the shop interface. The price display in our online shop is based on the country or region and currency selected by the customer or automatically determined in the shop interface (for example via the country/currency selector in the footer or navigation). Where the selected country or region is located in a jurisdiction in which we are required to charge value added tax (in particular within the European Union and the European Economic Area), the prices generally include the applicable value added tax and other price components, unless expressly stated otherwise. Where the selected country or region is located outside such jurisdictions, the prices are generally displayed and charged without value added tax; in such cases, no value added tax is collected by us, but additional import duties, taxes or fees may apply in the country of destination as set out below.

In addition to the product prices, shipping costs may apply. The applicable shipping costs are displayed during the order process and can also be viewed at any time in our Shipping Policy.

In the case of delivery to countries outside the European Union, further customs duties, taxes or fees may be incurred which are to be borne by the customer and are not paid to us, but directly to the customs or tax authorities responsible in the respective country. Customers are advised to enquire with customs or tax authorities before placing an order.

Such customs duties, taxes and fees are not included in the prices and shipping costs displayed in our online shop. They may be charged separately by the competent authorities or by the transport or customs service provider (e.g. UPS) upon or prior to delivery. The customer acts as the importer of record and is responsible for compliance with all applicable customs and tax regulations as well as for payment of all such charges.

Goods are delivered exclusively by shipment to the delivery address specified by the customer. Collection by the customer is generally not possible, unless expressly indicated in the order process.

We currently offer in particular the following payment methods (availability may vary by country):

• Credit card
• PayPal
• Klarna
• Apple Pay
• Shop Pay
• Bank transfer

We reserve the right, in individual cases and depending on the result of a credit check, not to offer certain payment methods or to offer alternative payment methods.

Payment is due immediately upon conclusion of the contract, unless a different due date is expressly agreed during the order process.

Any fees charged by the customer's payment service provider (e.g. for currency conversion) are borne by the customer in accordance with the contract with their payment service provider. We do not charge unauthorised surcharges for the use of specific payment instruments where such surcharges are prohibited by applicable law.

4. Right of Withdrawal and Returns

Consumers with their habitual residence in a member state of the European Union or the European Economic Area (EU/EEA) have a statutory right of withdrawal when concluding distance contracts. The conditions, deadlines and consequences of the statutory right of withdrawal are described in detail in our Refund & Return Policy.

In particular, the Refund & Return Policy specifies that certain personalised or made-to-measure products are excluded from the statutory right of withdrawal and from our voluntary 30-day return policy, in accordance with applicable consumer protection laws.

For consumers with their habitual residence outside the EU/EEA, no statutory right of withdrawal is granted. Instead, our voluntary 30-day return policy applies, as described in section A of the Refund & Return Policy.

Entrepreneurs are generally not granted a statutory right of withdrawal. Any contractual return options for entrepreneurs must be expressly agreed in individual cases.

Our voluntary 30-day return policy for consumers and the statutory right of withdrawal (where applicable) are regulated conclusively in the Refund & Return Policy, which forms an integral part of these Terms. In the event of discrepancies between this Section and the Refund & Return Policy, the provisions of the Refund & Return Policy and mandatory statutory consumer protection rules shall prevail.

5. Delivery, Availability of Goods

Unless otherwise stated on the respective product page, the goods offered are generally ready for dispatch within the time frame stated there. The expected delivery times and available shipping methods are shown in the checkout and in our Shipping Policy.

The delivery period begins, in the case of advance payment, on the day after the payment order has been placed with the remitting bank and, in the case of other payment methods, on the day after conclusion of the contract. If the last day of the delivery period falls on a Saturday, Sunday or a public holiday at the place of delivery, the period shall end on the next working day.

If we are unable to meet a binding delivery deadline for reasons for which we are not responsible (e.g. non-availability of the goods due to late delivery by our supplier), we will inform the customer without undue delay and, at the same time, notify the expected new delivery deadline. If the goods are still not available within the new delivery period, we shall be entitled to withdraw from the contract in whole or in part; any consideration already paid by the customer will be refunded without undue delay.

For consumers, the risk of accidental loss and accidental deterioration of the purchased goods passes to the consumer only upon delivery of the goods to the consumer or a recipient designated by the consumer.

For entrepreneurs, the risk of accidental loss and accidental deterioration of the goods passes to the entrepreneur as soon as we have handed the goods over to the carrier, freight forwarder or other person or institution designated to carry out the shipment.

Supplement for Consumers (Transport Damage):

If goods are delivered with obvious transport damage, the customer is requested to complain about such defects to the deliverer as soon as possible and to contact us at service@goldfelsstore.com.

Failure to lodge a complaint or to contact us has no consequences for the consumer’s statutory rights, in particular their warranty rights. However, it helps us to assert our own claims against the carrier or transport insurance.

Supplement for International Deliveries outside the EU/EEA (Refusal of Acceptance and Import Charges):

For deliveries to countries outside the European Union and the European Economic Area, the customer must ensure that the shipment can be successfully delivered and, in particular, that the delivery address is correct, the shipment can be received and any import duties, taxes and fees are paid in due time.

If a shipment to such countries cannot be delivered, is refused by the customer or is not collected, and this is due to circumstances within the customer’s sphere of responsibility – including, but not limited to, the refusal or failure to pay import duties, taxes, customs clearance or service fees charged by the carrier or the competent authorities – and the shipment is therefore returned to us, without the customer exercising any statutory right of withdrawal or contractual right of return in accordance with our Refund & Return Policy, we are entitled to withdraw from the contract with respect to the goods concerned and to refund any payments received for the goods only after deduction of the following amounts:

• the actual outbound shipping costs incurred by us for the original shipment, even if “free shipping” or similar was shown at the time of the order,
• the costs of the return shipment charged to us by the transport service provider and any storage, handling or return fees,
• any import duties, taxes, customs clearance or service fees which were charged to us in connection with the shipment and its return, and
• a flat handling fee amounting to 5% of the purchase price of the goods concerned, up to a maximum of EUR 40.00 per order, as a reasonable restocking fee.

The customer is expressly permitted to prove that no damage or a significantly lower damage than the above lump sums has occurred. We remain entitled to claim compensation for a higher actual damage where we can prove such damage.

Statutory rights of consumers, in particular any right of withdrawal under EU/EEA consumer protection law, as well as the rights granted under our Refund & Return Policy, remain unaffected. In the event of any conflict between this Supplement and mandatory consumer protection rules or the Refund & Return Policy, such mandatory rules and the Refund & Return Policy shall prevail.

6. Retention of Title

The goods remain the property of Goldfels until they have been paid for in full by the consumer.

Supplement for Entrepreneurs:

We retain title to the goods until all claims arising from an ongoing business relationship have been settled in full.

The entrepreneur may resell the reserved goods in the ordinary course of business. All claims arising from such resale, irrespective of any combination or mixing of the reserved goods with a new item, are hereby assigned to us by the entrepreneur in advance in the amount of the invoice value of the reserved goods. We hereby accept this assignment.

The entrepreneur remains authorised to collect the claims, but we may also collect the claims ourselves if the entrepreneur does not meet their payment obligations or is in default of payment.

7. Statutory Warranty (Liability for Defects)

The statutory provisions on liability for defects apply to all purchases of goods from consumers and entrepreneurs.

For entrepreneurs, the statutory duty to examine and give notice of defects pursuant to § 377 of the German Commercial Code (HGB) applies. If the entrepreneur fails to fulfil the notification obligations regulated therein, the goods shall be deemed approved.

Any separate guarantees given by us (e.g. voluntary product guarantees) only exist if they are expressly designated as such in the offer for the respective item and are described in detail there. Such guarantees are granted in addition to the statutory warranty rights, which remain unaffected in all cases.

8. Customer Service

For questions, complaints or claims, our customer service can be reached at any time by e-mail at service@goldfelsstore.com.

Further contact options and information can be found on our Contact Overview.

9. Online Dispute Resolution and Consumer Arbitration

The European Commission provides a platform for online dispute resolution (ODR), which you can find at https://ec.europa.eu/consumers/odr.

We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

10. Gift Cards

We offer gift cards in various denominations, available for purchase exclusively through our online shop. Gift cards can only be redeemed in our online shop and not at other retailers or on third-party platforms.

Unless otherwise stated at the time of purchase or required by mandatory local law, our gift cards do not expire and are not reloadable. Once purchased, gift cards cannot be returned or cancelled and will not be exchanged for cash, except where required by applicable law.

If a product purchased with a gift card is returned, any refund will be made, up to the amount originally paid with the gift card, in the form of a new gift card or by re-crediting the original gift card, unless otherwise agreed.

We are not liable for gift cards that are lost, stolen, damaged or used without the purchaser’s authorisation. Please keep your gift card and any associated codes safe.

We reserve the right to refuse the issuance or redemption of gift cards in cases of suspected fraud or misuse and to adjust or amend these gift card terms at any time, provided that this does not unreasonably disadvantage consumers or conflict with mandatory statutory provisions.

Statutory limitation periods for claims arising from gift cards remain unaffected.

11. Data Protection

Information on the processing of personal data in connection with the use of our online shop, the ordering process and marketing activities can be found in our Privacy Policy.

The Privacy Policy does not form part of these Terms as such, but provides information on how we handle personal data and on your data protection rights under applicable law.

12. Liability

We are liable without limitation for damages resulting from intent or gross negligence on our part, on the part of our legal representatives or vicarious agents.

We are also liable without limitation in the event of injury to life, body or health, in accordance with the provisions of the German Product Liability Act (Produkthaftungsgesetz), in the event of the assumption of a guarantee or in the event of fraudulent concealment of a defect.

In the event of slight negligence, we are only liable for damages resulting from the breach of an essential contractual obligation (cardinal duty). An essential contractual obligation is an obligation whose fulfilment is a prerequisite for the proper performance of the contract and on whose fulfilment the customer may regularly rely.

In cases of slight negligence, our liability is limited to the typical and foreseeable damage at the time of conclusion of the contract.

The above limitations of liability also apply in favour of our legal representatives and vicarious agents.

Mandatory statutory liability regulations, in particular under consumer protection law, remain unaffected in all cases.

13. Copyright and Use of Website Content

The content, images, texts, designs and other works created by us and displayed in the online shop are protected by copyright and other intellectual property rights under German law and, where applicable, the laws of other countries.

Any reproduction, editing, distribution or other use of such content that goes beyond the limits of copyright law requires our prior written consent or the consent of the respective rights holder.

Downloads and copies of content from our website are only permitted for private, non-commercial use, unless otherwise expressly agreed.

14. Technical Availability and Maintenance

We endeavour to keep the online shop available as continuously and free from disruptions as reasonably possible. However, temporary restrictions or interruptions may occur due to technical problems (such as interruption of telecommunications, power supply failures), maintenance or updates, or force majeure.

We reserve the right to temporarily restrict access to the online shop in whole or in part if this is necessary with regard to capacity limits, the security or integrity of the servers or for the implementation of technical measures, and provided this serves the proper or improved provision of our services.

The customer has no claim to uninterrupted availability of the online shop. Mandatory consumer rights remain unaffected.

15. Place of Jurisdiction

If the customer is a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is our registered office in Metten, Germany.

The same applies if the customer has no general place of jurisdiction in Germany or another EU member state or if the place of residence or usual place of abode is unknown at the time the action is brought.

The above jurisdiction agreements do not apply to consumers if and to the extent that mandatory statutory provisions of the state in which the consumer has their habitual residence grant another place of jurisdiction.

16. Applicable Law

The law of the Federal Republic of Germany applies to all contracts between us and the customer, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

For consumers whose habitual residence is in a member state of the European Union, this choice of law shall only apply insofar as the protection afforded by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.

17. Courtesy Exchanges and Advance Replacement Shipments

In certain cases and purely as a gesture of goodwill, we may offer customers within the EU/EEA an exchange in which we ship a replacement product (for example, a belt strap in a different size or colour) before receiving the item to be returned.

Such courtesy exchanges are always voluntary and at our discretion. They do not create a general legal entitlement to advance replacement shipments and are independent of your statutory rights (in particular your statutory warranty rights and any right of withdrawal).

Unless expressly agreed otherwise in an individual case, the following applies to advance replacement shipments as part of a courtesy exchange:

• The replacement product remains our property until we have received the item to be returned in exchange in proper condition, or until the outstanding purchase price for the replacement product has been paid in full, whichever occurs first.
• The customer is obliged to return the item to be exchanged to us within 30 days of receipt of the replacement product, using appropriate packaging and a suitable transport service provider.
• If the item to be exchanged is not returned within this period, we reserve the right to invoice the replacement product separately at the applicable purchase price. In this case, the customer is obliged to pay the invoiced amount within the payment period stated on the invoice.

Any additional information or specific conditions for a particular courtesy exchange may be included in the shipment (e.g. on the delivery note) or communicated separately (e.g. by e-mail). In the event of contradictions, mandatory statutory provisions and any individually agreed conditions communicated to you in text form shall prevail.

Your statutory rights, in particular in the event of defects (including any statutory replacement deliveries), remain unaffected by this section 17.

18. Final Provisions

Should individual provisions of these Terms of Service be or become invalid or unenforceable in whole or in part, this shall not affect the validity of the remaining provisions. The invalid or unenforceable provision shall be replaced by the statutory provision, if any.

Changes or additions to these Terms of Service must be made in text form (e.g. e-mail), unless a stricter form is required by law.

The current version of these Terms is available at any time in our online shop and may be updated from time to time to reflect legal, technical or business developments. The version applicable to your order is the one in force at the time of conclusion of the contract, which is sent to you with the order confirmation.