contact@gamswild-eyewear.com
The following Terms and Conditions apply to all orders placed via our online shop by consumers and business customers.
A “consumer” is any natural person who enters into a legal transaction for purposes that predominantly are not attributable
to their commercial or self-employed professional activity. A “business customer” is a natural or legal person, or a legally
capable partnership, who acts in the exercise of their commercial or self-employed professional activity when entering into
a legal transaction.
For business customers: If the business customer uses conflicting or additional general terms and conditions, their validity
is hereby rejected; they shall only become part of the contract if we have expressly agreed to them.
The purchase contract is concluded with Thomas Uhl Gamswild-Sonnenbrillen.
By placing the products in the online shop, we make a binding offer to conclude a contract for these products. You may first
place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding
order by using the correction tools provided and explained during the ordering process. The contract is concluded when you accept
the offer for the products in the shopping cart by clicking the order button. Immediately after submitting the order, you will
receive a confirmation by email.
The language(s) available for concluding the contract: German
We store the contract text and send you the order data and our Terms and Conditions in text form. You can view the contract text
in our customer login area.
Reference is made to the validity of the respective product description as an essential part of the contract.
Without prejudice to your statutory warranty rights, we would like to draw your attention to the following special features.
If you are unsure, please contact us: Due to individual screen configurations (e.g., resolution and brightness), minor deviations
between the displayed and the actual product colors are possible. For wood products, natural variations in grain, structure, and
color of the wood are possible.
Standard shipping within the following countries are free of charge.
Belgium, Netherlands, Italy, France, Portugal, Czech Republic, Austria, Spain, Poland, Slowakia, Switzerland
We ship the products to the delivery address specified during the ordering process.
We deliver by shipping only. Unfortunately, self-collection is not possible.
The prices stated at the time of the order apply. These are total prices and include statutory VAT.
The following payment methods are generally available in our shop:
Advance Payment (Bank Transfer)
If you select advance payment, we will provide our bank details in a separate email and deliver the goods after receipt of payment.
Payment service provider Stripe
Payment processing is carried out via our payment service provider Stripe. The available payment methods may vary depending on the customer’s country and will be clearly displayed during the checkout process. Only the payment methods shown at checkout are offered. There is no entitlement to the use of specific payment methods.
PayPal Express
To pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal,
L-2449 Luxembourg (“PayPal”), you must be registered with PayPal, authenticate with your access data, and confirm the payment instruction.
PayPal may offer registered PayPal customers selected according to PayPal’s own criteria additional payment options in their PayPal account.
We have no influence on the offering of these options; any additional individually offered payment options concern your legal relationship
with PayPal. Further information can be found in your PayPal account.
PayPal (PayPal Services)
In cooperation with the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”),
we offer you the following payment options as PayPal services. Unless otherwise stated below, payment via PayPal does not require registration
with PayPal. You will receive further information for the respective payment option during the ordering process.
PayPal
To pay the invoice amount via PayPal, you must be registered with PayPal, authenticate with your access data, and confirm the payment instruction.
The payment transaction is carried out by PayPal immediately after the order is placed.
PayPal may offer registered PayPal customers selected according to PayPal’s own criteria additional payment options in their PayPal account.
We have no influence on the offering of these options; any additional individually offered payment options concern your legal relationship with PayPal.
Further information can be found in your PayPal account.
Credit Card via PayPal
Your card will be charged by PayPal after the goods have been dispatched.
Direct Debit via PayPal
Payment by direct debit via PayPal requires an address and credit check and is made directly to PayPal. By confirming the payment instruction,
you grant PayPal a direct debit mandate. PayPal will inform you of the date of the account debit (so-called pre-notification). The account is
debited before the goods are dispatched.
Purchase on Account via PayPal
Purchase on account via PayPal requires an address and credit check and is made directly to PayPal.
Consumers are entitled to the statutory right of withdrawal as described in the withdrawal information. No voluntary right of withdrawal
is granted to business customers.
The product remains our property until full payment has been made.
For business customers, additionally: We retain ownership of the product until all claims arising from an ongoing business relationship
have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you hereby assign to us
in advance all claims arising from such resale—regardless of any connection or mixing of the goods subject to retention of title with a new item—
in the amount of the invoice total, and we accept this assignment. You remain authorized to collect the claims; however, we may also collect the
claims ourselves if you fail to meet your payment obligations. We will release the securities to which we are entitled upon your request insofar as
the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.
For consumers: If goods are delivered with obvious transport damage, please report such defects to the carrier as soon as possible and contact us
without delay. Failure to report or to contact us has no consequences for your statutory rights and their enforcement, in particular your warranty
rights. However, it helps us to assert our own claims against the carrier or transport insurer.
For business customers: The risk of accidental loss and accidental deterioration passes to you as soon as we have handed the item over to the
freight forwarder, the carrier, or the person or institution otherwise designated to carry out the shipment.
Unless expressly agreed otherwise below, the statutory warranty law applies.
The following limitations and reductions of time limits do not apply to claims for damages caused by us, our legal representatives, or vicarious
agents in cases of injury to life, body, or health; in cases of intentional or grossly negligent breach of duty; in cases of fraudulent intent; in
cases of breach of essential contractual obligations (cardinal obligations) whose fulfillment is necessary for the proper performance of the contract
and on whose compliance the contractual partner may regularly rely; within the scope of a guarantee promise, if agreed; or insofar as the Product
Liability Act applies.
Limitations for business customers: With respect to business customers, only our own information and the manufacturer’s product descriptions included
in the contract shall be deemed an agreement on the quality of the goods; we assume no liability for public statements by the manufacturer or other
advertising statements. For business customers, the limitation period for defect claims for newly manufactured items is one year from the transfer of
risk. This does not apply to an item that has been used for a building in accordance with its customary use and has caused its defect.
The statutory limitation periods for recourse claims pursuant to Section 445a of the German Civil Code (BGB) remain unaffected.
Note for merchants: Among merchants, the duty to inspect and give notice of defects pursuant to Section 377 of the German Commercial Code (HGB) applies.
If you fail to give the notice regulated there, the goods shall be deemed approved unless the defect was not recognizable during inspection. This does
not apply if we have fraudulently concealed a defect.
Information on any additional guarantees that may apply and their exact conditions can be found with the respective product and on special information
pages in the online shop. Customer service: by email and by phone.
We shall be liable without limitation for claims based on damages caused by us, our legal representatives, or vicarious agents in cases of injury to
life, body, or health; in cases of intentional or grossly negligent breach of duty; in case of a guarantee promise, insofar as agreed; or insofar as
the Product Liability Act applies.
In the event of a breach of essential contractual obligations (cardinal obligations) through slight negligence by us, our legal representatives, or
vicarious agents, liability shall be limited in amount to the foreseeable damage typical for the contract at the time of contract conclusion. Otherwise,
claims for damages are excluded.
The European Commission provides a platform for online dispute resolution (ODR), which you can find
here.
We are not obliged or willing to participate in dispute resolution proceedings before a consumer arbitration board.
Participation in the giveaway to win a pair of sunglasses from GAMSWILD GmbH is voluntary and free of charge. Eligible participants are all persons
aged 18 or older. The company reserves the right to cancel or end the giveaway at any time without prior notice or explanation, in particular in the
event of suspected manipulation or technical problems that could disrupt the proper course of the giveaway.
By participating, participants agree to the general participation terms and the company’s privacy policy. The giveaway starts on 07/11/2024 and is
expected to end on 30/11/2024. The winner will be contacted after the giveaway via Instagram message. By participating, the participant agrees that
their name may be published in connection with the giveaway. Winner announcements are made without guarantee.
This giveaway is conducted by GAMSWILD GmbH. This promotion is not associated with Instagram and is in no way sponsored, supported, or organized by
Instagram. GAMSWILD GmbH reserves the right to change or discontinue the giveaway at any time, without any claims arising for participants.
Any violation of these participation terms will result in exclusion from the respective giveaway.
Participation in the Instagram giveaway requires following the page (@gamswildsonnenbrillen), reposting the reel to your
own story, liking the company’s reel, and tagging another person in the comments. Manipulation, disruption of competition, the use of unauthorized
tools of any kind, as well as participation with fake accounts are prohibited and will result in exclusion from the giveaway. There is no entitlement
to participate. Legal recourse is excluded.
GAMSWILD GmbH will use the contribution submitted by the participant exclusively to conduct the giveaway. By participating, the participant agrees that,
in the event of winning, their contribution including first name, last name, and place of origin may be published. Publication may take place on the
Facebook fan page, the Instagram account, and, if applicable, on the website.
The giveaway runs until 21 January 2026 The winner will be determined and contacted no later than 30 January 2026.
The prize includes one pair of sunglasses from GAMSWILD GmbH. Legal recourse is excluded. Cash payment of the prize value is not possible. The prize is
non-transferable. Winner announcements are made without guarantee.
The recipient of the information provided by the participant (names, images, posts, addresses) is not Facebook, but GAMSWILD GmbH. For questions or
complaints, please contact GAMSWILD GmbH or @gamswildsonnenbrillen exclusively.
The information provided by the participant is used solely for evaluating the giveaway and for determining and announcing the winner(s). In the event of
winning, the participant’s first name, last name, and place of origin will be published in a post. The data will not be shared with third parties.
If you are a business customer, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
Should individual clauses of these Terms and Conditions be wholly or partially invalid, the remainder of the contract shall remain valid. To the extent
individual clauses are invalid, the content of the contract shall be governed by statutory provisions.
Terms and Conditions created with the Trusted Shops legal text generator.
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