General terms and conditions of WINGMAN-STUDIOS GmbH
1) General – Contracting Party
1.1 All orders for goods made through WINGMAN-STUDIOS GmbH’s website at www.gammon.com (“website”) are subject to these General Terms and Conditions (“GTC”) in their version valid at the time of the order exclusively. We do not accept deviating general terms and conditions of the customer. If you have any queries or complaints regarding these GTC or the contracts on which they are based, please contact us:
via our contact form: www.gammon.com/contact
1.2. Contracting Party is WINGMAN-STUDIOS GmbH.
2) Our contract with you
2.1 You can select goods and vouchers from the assortment available in our online shop and add them to a shopping basket by clicking the “Add to shopping bag” button. By sending us an order request by clicking the “Buy now ” button, you make a binding offer to purchase the goods or vouchers you added to the shopping bag. Before sending the order, you can change and view the order details at any time. Changes can be entered and saved for subsequent order processes via the “edit ” button in the order overview at the end of the order process.
2.2 Upon receipt of the order, we will send you an automatic email confirming receipt of the order and list its details. This confirmation of receipt does not constitute an acceptance of the offer, but only informs you that we have received the order.
2.3 A contract between you and WINGMAN-STUDIOS GmbH will only be concluded once you have received the shipping confirmation sent to you by separate email (in the case of voucher orders by the transmission of the voucher by email). If we are not able to deliver the ordered goods or the voucher through no fault of our own, for example because suppliers do not fulfil their contractual obligations towards us and/or do not fulfil them in time, we are not obliged to deliver and can refuse acceptance of the order accordingly. In that case, a contract is not concluded. We will inform you immediately about the non-conclusion of the contract as well as about the non-delivery and, if applicable, refund any payments already made.
2.4 Should the information on the range of goods (e.g. price etc.) in the online shop be incorrect despite careful checking by us, we shall not declare acceptance by sending the goods with the correct information, but make you a new offer instead, which you are free to accept or reject.
2.5 We keep copies of each contract. The contract language is English. You can view the contract after completing the order in your customer profile on www.gammon.com, if you have registered as a customer or logged in as a registered customer when placing the order. In addition, the order details, cancellation policy, invoice and our GTC will also be sent to you with the shipping confirmation . You can also view our General Terms and Conditions at any time on our website www.gammon.com.
3) Delivery and availability of goods
3.1 The goods will be delivered as seen on the website. There may be minor deviations to the packaging. Delivery is made to the address provided by you when submitting your order.
3.2 We are entitled to make partial deliveries insofar as this is reasonable for you.
3.3 We currently deliver to Germany, Austria, the Netherlands, Belgium, Denmark, Sweden, Poland and Italy. The delivery time for the dispatch within Germany amounts to approx. 1-3 working days, within the other countries approx. 3-6 working days.
3.4 The delivery period begins with the conclusion of the contract.
4) Minimum/maximum order values
There is no minimum order value on goods.
5.1 All prices are final prices in Euro including VAT applicable at the place of delivery and are exclusive of any shipping costs incurred. The prices displayed on the order page at the time of order apply in each case.
5.2 Payment is made by credit card (MasterCard or Visa), PayPal, purchase on account and direct debit. Payment by sending cash or checks is not possible. Payments are processed via our partners PayPal Plus and Amazon Payment.
5.3 The debit of the purchase price from your account takes place with the successful completion of the payment process.
5.4 You are not allowed to reduce the payment because of asserted claims against us, unless those claims have been established by court or are undisputed. You are not allowed to reduce the payment in case of asserted defects or similar counter claims based on this contract either.
5.5 You may withhold the payment if your counter claim is based on this contract.
6.1 We deliver to the following countries: Germany, Austria, the Netherlands, Belgium, Denmark, Sweden, Poland and Italy.
6.2 For the delivery of goods within the Germany we do not charge delivery costs. For the delivery of goods within the other countries, we charge a flat rate of XY for each delivery.
6.3 For voucher orders, you will receive the voucher code by means of a separate email after confirmation of your order.
6.4 The goods will be delivered by mail. If you ’re a consumer, the goods will be within our responsibility during delivery.
7) Right of withdrawal
7.1 You have the right to withdraw from this contract within 14 days without giving any reason.
7.2 The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. In case of partial deliveries, the withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.
7.3 To exercise the right of withdrawal, you must inform us via one of the following contact channels of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
Model withdrawal form
7.4 To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal:
7.5 If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
7.6 You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
7.7 Please follow the instructions on returning goods in Section 8.
7.8 You will bear the cost of returning the goods. You are liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
8) Instructions for the return of goods
8.1 In the event of withdrawal, please take note of the following instructions for the return shipment, which will facilitate the processing for us:
- We ask you to return the goods to us in their original packaging.
- If you decide to return the goods via our logistics partner, you can request the shipping label via customer service. For Germany: We would then deduct the costs of EUR 3.90 from your purchase price. For other countries: We would retain EUR 6,90. Alternatively, all shipping options are available to you.
- Send the package to the following address:
Avatar Merchandising GmbH
Meiendorfer Mühlenweg 119
We will confirm receipt of the return by e-mail.
All products offered in our e-Shop are subject to the statutory warranty rights, in particular § 434 of the German Civil Code. The warranty period for business users is 12 months.
10) Retention of title
The delivered goods remain our property until the purchase price has been paid in full.
11) Use of collected data – Data Protection
12) No sales to business users
12.1 We sell our products exclusively in household quantities.
12.2 The products offered in our e-Shop are sold only to consumers and business users as end users. You therefore agree to use the products for private purposes. The commercial resale of the ordered goods is not permitted. We reserve the right not to accept purchase offers that appear to be made for the purpose of commercial resale of the goods. If a contract has already been concluded, we reserve the right to withdraw from it and to exclude you from purchasing our products in the future.
13) Limitation of liability
13.1 We shall be liable without limitation in the event of intent or gross negligence.
13.2 Otherwise, we are not liable for a negligent breach of duty unless the breach of duty jeopardizes the purpose of the contract, or obligations are breached, the fulfillment of which is a prerequisite for the performance of the contract, and which can be expected by the customer. In these cases, however, our liability shall be limited to the typical and foreseeable damage for the type of goods in question. This also applies to actions of our legal representatives or vicarious agents.
13.3 The foregoing limitations of liability shall affect neither your claims pursuant to product liability law or claims based on injuries to life, body or health, in case of a guarantee fraudulently concealed defects.
14) Information on Dispute Resolution
14.1 We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
14.2 The EU Commission provides an online platform for online dispute resolution (ODR platform) at https://ec.europa.eu/consumers/odr. Please note that we are currently not participating in any dispute resolution procedure offered there, so you cannot use the ODR platform.
15) Final Provisions
15.1 This contract shall be governed by the laws of the Federal Republic of Germany with the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the state in which you have your habitual residence as a consumer, shall remain unaffected.
15.2 If you are a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from this contract is the registered office of WINGMAN-STUDIOS GmbH.
15.3 If any provision of this contract is determined by any court or administrative tribunal of competent jurisdiction to be invalid or unenforceable, the invalid provision shall be replaced by the statutory provisions. The invalidity or unenforceability of any provision of this contract shall not affect the validity or enforceability of the remaining provisions of this contract, unless this would represent an unreasonable hardship for one of the contracting parties.