Terms & Conditions
§ 1 scope, customer information
The following general terms and conditions regulate the contractual relationship between Gia-Khang Phung and the consumers and entrepreneurs who buy goods through our shop. We do not recognize any conditions that conflict with or differ from our terms and conditions. The contract language is German.
We hereby object to the inclusion of the customer’s own terms, unless otherwise agreed.
§ 2 conclusion of contract
The offers on the Internet represent a non-binding invitation to you to buy goods.
You can add one or more products to the shopping cart. In the course of the ordering process, you enter your data and requests regarding payment method, delivery modalities, etc.
You only make a binding offer to conclude a purchase contract by clicking on the order button. You can also place a binding order by phone. The immediate confirmation of receipt of your order by e-mail does not constitute acceptance of the purchase offer.
We are entitled to accept your offer within 2 working days by sending an order confirmation by email. After the deadline specified in sentence 1 has expired without result, your offer is considered rejected, ie you are no longer bound by your offer. If you place an order by telephone, the purchase contract is concluded if we immediately accept your offer. If the offer is not accepted immediately, you are no longer bound by it.
§ 3 right of withdrawal
Consumers generally have a right of withdrawal.
§ 4 prices and terms of payment
Unless otherwise stated in the seller’s product description, the prices quoted are total prices that include the statutory value added tax. If applicable, additional delivery and shipping costs are specified separately in the respective product description.
For deliveries to countries outside the European Union, additional costs may arise in individual cases, which the seller is not responsible for and which are borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs can also arise in relation to the money transfer if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
The payment option (s) will be communicated to the customer in the seller’s online shop.
If prepayment has been agreed by bank transfer, payment is due immediately after the contract is concluded, unless the parties have agreed a later due date.
§ 5 delivery and shipping conditions
The delivery of goods takes place on the way to the delivery address given by the customer, unless otherwise agreed. When ordering via the seller’s online order form, the delivery address specified in the online order form is decisive. Deviating from this, when choosing the payment method PayPal, the delivery address deposited by PayPal at the time of payment is decisive.
If the transport company sends the goods back to the seller because delivery to the customer was not possible, the customer bears the costs of the unsuccessful shipment. This does not apply if the customer effectively exercises his right of cancellation, if he is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller told him the service had announced a reasonable time in advance.
If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the dispatch. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold does not pass until the goods are handed over to the customer or a person authorized to receive them. Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the customer even as soon as the seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment, if the Customer has commissioned the freight forwarder, the carrier or the person or institution otherwise to carry out the shipment and the seller has not previously named this person or institution to the customer.
The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery. This only applies in the event that the non-delivery is not the responsibility of the seller and the seller has, with due care, concluded a specific cover transaction with the supplier. The seller will make every reasonable effort to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.
In the case of collection by the seller, the seller first informs the customer by email that the goods he has ordered are ready for collection. After receiving this email, the customer can collect the goods from the seller’s headquarters in consultation with the seller. In this case, no shipping costs will be charged.
§ 6 customer information: storage of your order data
We will save your order with details of the contract concluded (e.g. type of product, price, etc.). We will send you the terms and conditions, but you can also call up the terms and conditions at any time on our website after the contract is concluded.
As a registered customer, you can access your past orders via the customer login area (your account).
§ 7 customer information: correction notice
You can correct your entries at any time before placing the order with the delete key. We will inform you on the way through the ordering process about further correction options. You can also end the ordering process at any time by closing the browser window.
§ 8 retention of title
The purchase remains our property until full payment.
§ 9 Statutory liability for defects
There are statutory rights of liability for defects in our goods.
§ 10 redemption of promotional vouchers
Vouchers that are issued free of charge by the seller as part of promotions with a specific period of validity and that cannot be purchased by the customer (hereinafter “promotional vouchers”) can only be redeemed in the seller’s online shop and only during the specified period.
Individual products can be excluded from the voucher campaign if there is a corresponding restriction in the content of the campaign voucher.
Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
Only one promotional voucher can be redeemed per order.
The value of the goods must at least correspond to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to pay the difference.
The credit of a promotional voucher is neither paid out in cash nor interest.
The promotional voucher will not be reimbursed if the customer returns all or part of the goods paid for with the promotional voucher within the scope of his statutory right of withdrawal.
The promotional voucher is transferable. The seller can provide a liberating effect to the respective owner who redeems the promotional voucher in the seller’s online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the ineligibility, incapacity for business or the lack of authorization to represent the respective owner.
§ 11 Commercial jurisdiction
The exclusive place of jurisdiction for all disputes arising from this contract is our place of business if you are a businessman.
Alternative dispute resolution according to Art. 14 Para. 1 ODR-VO and § 36 VSBG:
The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr . We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.