General Terms and Conditions & Cancellation Policy
General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic provisions
(1) The following business terms are applicable to all the contracts, which you conclude with us as a supplier (Martin Kirschner) via the
gmoit.de. Unless otherwise agreed, the inclusion of your own terms and conditions, if any, is contradicted.
are contradicted.
(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that are
which cannot be predominantly attributed to their commercial or independent professional activity. An entrepreneur is any
natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is acting in the exercise of their
independent professional or commercial activity.
§ 2 Formation of the contract
(1) The subject of the contract is the sale of goods including digital content (data created and provided in digital form).
are provided).
(2) By placing the respective product on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions
contract via the online shopping cart system under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". Using the corresponding button in the navigation bar, you can
the "shopping cart" and make changes there at any time.
After clicking on the "Checkout" or "Continue to order" button (or similar designation) and entering your personal data
as well as the payment and shipping conditions, the order data will be displayed as an order overview.
If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as your payment method, you will be
either taken to the order overview page in our online store or to the website of the provider of the instant payment system.
redirected.
If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there.
Finally, on the website of the provider of the instant payment system or after you have been redirected back to our online store
the order data will be displayed as an order overview.
Before submitting the order, you have the option of checking the details in the order overview again, changing them (also via
the "back" function of the Internet browser) or cancel the order.
By submitting the order via the corresponding button ("order with obligation to pay", "buy" / "buy now", "order with obligation to pay", "pay" / "pay now", "order with
order", "pay" / "pay now" or similar designation) you declare legally binding acceptance of the offer, whereby the contract is concluded.
contract is concluded.
(4) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out by
partly automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of the e-mails is
receipt of the e-mails is technically ensured and, in particular, is not prevented by SPAM filters.
§ 3 License of use for digital content
(1) The digital content offered is protected by copyright. You will receive a license for each digital content purchased from us
license by the respective licensor. The type and scope of the license of use are set out in the license terms specified in the respective offer.
license terms stated in the respective offer.
§ 4 Special agreements on the payment methods offered
(1) Payment via "PayPal" / "PayPal Checkout"
If a payment method is selected that is offered via "PayPal" / "PayPal Checkout", the payment is processed via the following payment service provider
payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal").
The individual
payment methods via "PayPal" are displayed under a correspondingly labeled button on our website and in the online ordering process.
order process. PayPal" may use other payment services for payment processing; if special payment terms apply to these, you will be informed of these separately.
payment conditions apply, you will be informed of these separately. You can find more information about "PayPal" at
https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
(2) Payment via "Mollie"
If you select a payment method that is offered via "Mollie", the payment will be processed via the payment service provider Mollie B.V.
(Keizersgracht 313, 1016 EE Amsterdam, Netherlands; "Mollie").
The individual payment methods via "Mollie" are displayed to you under a correspondingly labeled button on our website
and in the online ordering process. Mollie" may use other payment services for payment processing; insofar as special payment conditions apply
special payment terms apply, you will be informed of these separately. You can find more information about "Mollie" at
https://www.mollie.com/de.
(3) Payment via "Stripe"
If you select a payment method that is offered via "Stripe", the payment will be processed via the payment service provider Stripe
Payments Europe Limited (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland; "Stripe"). The individual payment methods
via "Stripe" are displayed under a correspondingly labeled button on our website and in the online ordering process.
displayed. Stripe" may use other payment services for payment processing; if special payment terms apply, you will be informed of these.
payment conditions apply, you will be informed of these separately. You can find more information about "Stripe" at
https://stripe.com/de.
§ 5 Right of retention, retention of title
(1) You may only exercise a right of retention insofar as it relates to claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 6 Warranty
(1) The statutory liability rights for defects apply.
(2) As a consumer, you are asked to check the goods immediately upon delivery for completeness, obvious defects and transport damage
to check and report any complaints to us and the freight forwarder as quickly as possible. If you don't comply, this won't happen
Impact on your legal warranty claims.
(3) If a feature of the goods deviates from the objective requirements, the deviation is only considered agreed if you agree
We were informed of the contractual declaration by us and the deviation was expressly and separately between
agreed between the contracting parties.
§ 7 Choice of law
(1) German law applies. For consumers, this choice of law only applies to the extent that this is stipulated by mandatory legal provisions
protection granted by the state of habitual residence of the consumer is not withdrawn (principle of favourability).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
II. Customer information
1. Identity of the seller
Martin Kirschner
Haimhausenstrasse 22
82380 Peissenberg
Germany
Telephone: +4917623548704
Email: info.gmoit@gmail.com
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), which can be accessed at
https://ec.europa.eu/odr.
We are neither willing nor obliged to take part in dispute resolution proceedings before consumer arbitration boards.
2. Information on the conclusion of the contract
The technical steps for concluding the contract, the contract itself and the correction options are carried out in accordance with
Regulations “Conclusion of the contract” of our General Terms and Conditions (Part I.).
3. Contract language, contract text storage
3.1. The contract language is German.
3.2. We do not save the complete contract text. Before submitting the order, you can use the online shopping cart system
the contract data can be printed out or saved electronically using the browser's print function. After we receive the order
This includes the order data, the legally required information for distance selling contracts and the general information
Terms and conditions will be sent to you again by email.
4. Essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
5. Prices and payment methods
5.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include everything
Price components including all applicable taxes.
5.2. There are no shipping costs.
5.3. In these cases, you are responsible for any costs incurred in transferring money (transfer or exchange rate fees from credit institutions).
in which the delivery is to an EU member state but the payment was made outside the European Union.
5.4. The payment methods available to you are located under an appropriately labeled button on our website
or stated in the respective offer.
5.5. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are available immediately
Payment due.
6. Terms of delivery, provision
6.1. The delivery conditions, the delivery date and any existing delivery restrictions as well as the conditions of the
The provision of digital content can be found under a correspondingly labeled button on our website or in the
respective offer.
6.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the
The item sold during shipment only passes to you when the goods are handed over to you, regardless of whether the shipment took place
insured or uninsured. This does not apply if you independently use a transport company not named by the entrepreneur or
have commissioned a person otherwise designated to carry out the dispatch.
7. Statutory liability law for defects
Liability for defects is based on the “Warranty” regulation in our General Terms and Conditions (Part I).
These general terms and conditions and customer information were and are created by the dealer association's lawyers who specialize in IT law
permanently checked for legal compliance. Merchant Association Management AG guarantees the legal security of the texts and is liable in the event
of warnings. Further information can be found at: https://www.haendlerbund.de/de/dienste/rechtssicherheit/agb-service.
last updated: November 29, 2023
Right of Withdrawal
(Consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their
can be attributed to independent professional activity.)
Right of withdrawal
Right of withdrawal
You have the right to cancel this contract within 14 days without giving reasons.
The cancellation period is 14 days from the day
- on which you or a third party named by you who is not the carrier took possession of the goods, provided that you
have ordered one or more goods as part of a uniform order and these are or will be delivered uniformly;
- on which you or a third party named by you who is not the carrier took possession of the last goods, provided that
you have ordered several goods as part of a single order and these are delivered separately;
- on which you or a third party named by you who is not the carrier has possession of the last partial shipment or the last piece
have or have taken if you have ordered goods that are delivered in several partial shipments or pieces;
In order to exercise your right of withdrawal, you must contact us (Martin Kirschner, Haimhausenstrasse 22, 82380 Peissenberg, telephone number:
+4917623548704, email address: info.gmoit@gmail.com) by means of a clear statement (e.g. a letter sent by post or
an email) informing you of your decision to withdraw from this contract. You can use the attached sample cancellation form
use, but this is not mandatory.
In order to meet the cancellation period, it is sufficient that you notify us of your exercise of the right of cancellation before the cancellation period expires
send.
Consequences of revocation
If you cancel this contract, we will pay you all payments received from you, including delivery costs (with
Except for the additional costs resulting from you choosing a different type of delivery than the cheapest one offered by us
have chosen standard delivery), to be repaid immediately and at the latest within 14 days from the day on which the notification was received
We have received your revocation of this contract. For this repayment we use the same payment method that you used at
the original transaction, unless expressly agreed otherwise with you; under no circumstances will
You will be charged fees 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 earlier.
You have the goods immediately and in any case no later than 14 days from the day on which you inform us of your cancellation
contract, send it back to us or hand it over. The deadline is met if you receive the goods before the deadline of 14
Send in days.
You bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to an inspection of the quality,
Properties and functionality of the goods are not due to the necessary handling of them.
Reasons for exclusion or expiry
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 is made by the
is relevant to the consumer or is clearly tailored to the consumer's personal needs;
- for the delivery of goods that can spoil quickly or whose expiry date would quickly be exceeded;
- for the delivery of alcoholic beverages, the price of which was agreed upon conclusion of the contract, but at the earliest 30 days after conclusion of the contract
can be delivered and whose current value depends on fluctuations on the market over which the entrepreneur has no influence;
- for the delivery of newspapers, magazines or magazines with the exception of subscription contracts.
The right of withdrawal expires prematurely for contracts
- for the delivery of sealed goods that are not suitable for return for health protection or hygiene reasons if their
seal was removed after delivery;
- for the delivery of goods if, due to their nature, they were inseparably mixed with other goods after delivery;
- to deliver sound or video recordings or computer software in a sealed package if the seal is broken after the
Delivery was removed.
Sample cancellation form
(If you want to cancel the contract, please fill out this form and send it back.)
- To Martin Kirschner, Haimhausenstrasse 22, 82380 Peissenberg, email address: info.gmoit@gmail.com:
- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/
the provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only for paper notification)
- Date
(*) Delete what is not applicable.