Terms and Conditions
General Terms and Conditions and Customer Information
- General Terms and Conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to contracts that you conclude with us as the provider (Paul Günther GmbH & Co.KG) via the website www.guenther-toys.de. Unless otherwise agreed, we object to the inclusion of any terms and conditions of your own terms and conditions used by you.
(2) A consumer in the sense of the following regulations is any natural person who concludes a legal transaction for purposes that are predominantly purposes which can predominantly be attributed neither to their commercial nor to their self-employed professional activity. An entrepreneur is any legal entity or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her independent professional or commercial activity when concluding a legal transaction.
§ 2 Formation of the contract
(1) The subject of the contract is the sale of goods.
(2) As soon as you place the respective product on our website, we make you a binding offer for conclusion of a contract for the online shopping cart system under the conditions specified in the item description.
(3) The contract is concluded via the online shopping basket system as follows:
The goods intended for purchase are placed in the "shopping basket". Via the corresponding button in the navigation bar you can call up the "shopping basket" and make changes there at any time.
After clicking the "Checkout" or "Proceed to order" button (or similar designation) and entering your personal data as well as the payment and shipping conditions, the order data will finally be displayed as an order overview.
If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as a payment method, you will be either be taken to the order overview page in our online shop or be redirected to the website of the provider of the immediate payment system forwarded.
If you are redirected to the respective instant payment system, make the corresponding 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 shop, you will receive the order data as an order confirmation.
the order data will be displayed as an order overview.
Before sending the order, you have the possibility to check the details in the order overview again, to change them (also the "back" function of the Internet browser) or cancel the order.
By sending the order via the corresponding button ("order subject to payment", "buy" / "buy now","order with costs", "pay" / "pay now" or similar designation) you declare the legally binding acceptance of the offer, whereby the contract is concluded.
(4) Your requests for the preparation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g. by e-mail) which you can accept within 5 days (insofar as no other period is stated in the respective offer).
(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract shall take place partly automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, the receipt of the e-mails is technically ensured and in particular is not prevented by SPAM filters.
§ 3 Right of retention, reservation of title
(1) You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 4 Warranty
(1) The statutory rights of liability for defects apply.
(2) As a consumer, you are requested to check the goods immediately on delivery for completeness, obvious defects and transport damage and to inform us and the customer of any defects. damage in transit and to notify us and the carrier of any complaints as soon as possible. If you do not comply with this, this shall have no effect on your statutory warranty claims.
(3) Insofar as a feature of the goods deviates from the objective requirements, the deviation shall only be deemed to be agreed if you have been informed by us of the deviation prior to
of the contract and the deviation was expressly and separately agreed between the contracting parties.
§ 5 Choice of law, place of performance, place of jurisdiction
(1) German law shall apply. In the case of consumers, this choice of law shall only apply to the extent that it does not conflict with the mandatory of the state of the consumer's habitual residence is not withdrawn (favourability principle).
(2) The place of performance for all services arising from the business relationship with us and the place of jurisdiction shall be our registered office, insofar as you are not a consumer, but a merchant, a legal entity or a legal person under public law or a special fund under public law.
The same shall apply if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or usual place of residence is not known at the time the action is brought. The right to also bring an action before the court at another legal place of jurisdiction shall remain unaffected.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
II. customer information
- Identity of the seller
Paul Günther GmbH & Co.KG
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), accessible at.
We are not willing and not obliged to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the possibilities for correction are carried out in accordance with the technical steps for the conclusion of the contract and the possibilities of correction are carried out in accordance with the regulations "Conclusion of the Contract" of our General Terms and Conditions (Part I.).
3. contract language, storage of contract text
3.1 The contract language is German.
3.2 We do not store the complete text of the contract. Before sending the order via the online shopping basket system, the contract data can be printed out or electronically saved using the browser's print function. After receipt of the order data, the legally required information for distance selling contracts and the General Terms and Conditions of Business will be sent to you again by e-mail.
3.3 In the case of quotation requests outside the online shopping basket system, you will receive all contract data in the form of a binding offer in text form, e.g. by e-mail, which you can print out or save electronically.
4. Codes of conduct
4.1 We have submitted to the Buyer's Seal Quality Criteria of the Händlerbund Management AG, which can be viewed at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf.
5. Essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
6 Prices and payment terms
6.1 The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
6.2 The shipping costs incurred are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective offer, are shown separately in the course of the ordering process and must be and are to be borne additionally by you, unless free delivery has been promised
6.3 If the delivery is made to countries outside the European Union, additional costs may be incurred for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of credit institutions), which are to be borne by you.
6.4 Any costs incurred for the transfer of money (transfer or exchange rate fees of the credit institutions) are to be borne by you in cases where the delivery is made to an EU member state but the payment was initiated outside the European Union.
6.5 The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.
6.6 Unless otherwise stated for the individual payment methods, the payment claims arising from the contract concluded are due for payment immediately.
7. Terms of delivery
7.1 The terms and conditions of delivery, the delivery date as well as any existing delivery restrictions can be found under a button on our website or in the respective offer.
7.2 Insofar as you are a consumer, the delivery terms and conditions shall apply.
7.2 If you are a consumer, the law stipulates that the risk of accidental loss and accidental deterioration of the goods sold during shipment shall not pass to you until the goods have been delivered, irrespective of whether the shipment is insured or uninsured.
This does not apply if you independently use a transport company not named by the entrepreneur or any other or a person otherwise designated to carry out the shipment.
8. Legal liability for defects
Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
These General Terms and Conditions and customer information have been prepared by the lawyers of the Händlerbund who specialise in IT law and are permanently checked for legal conformity. The Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. You can find more information at:
last update: 29.11.2022