GENERAL TERMS AND CONDITIONS (GTC)

(including legal information on your rights under the regulations on distance contracts and electronic commerce)

1. SCOPE AND CUSTOMER BASE

For orders placed by customers through our online shop https://gasm-or?.com/ (hereinafter referred to as the GASM, OR? Shop), these General Terms and Conditions (GTC) exclusively apply. We do not recognize conditions of the customer or third parties that differ from these GTC unless we have expressly agreed to their validity.

The offer in the GASM, OR? Shop is exclusively directed at consumers (any natural person who concludes the contract for a purpose that can neither be attributed to their commercial nor their independent professional activity, § 13 BGB [German Civil Code]).

2. OFFER, ORDER PROCESS, AND CONCLUSION OF CONTRACT

The presentation of products within the online shop does not constitute a legally binding offer, but an unbinding online catalog.

By clicking the "ADD TO CART" button, you can place desired goods in the shopping cart without obligation. You can view the shopping cart at any time by clicking the "CART" link and remove items from it. If you want to purchase the items in the shopping cart, click on the "CART" link, then enter the required data and click the "PROCEED TO CHECKOUT" link. After entering your data and selecting the payment method, you will reach a confirmation window via the "PLACE ORDER" button, where the details of your order will be displayed again. There, you can finally review and, if necessary, correct your entries. By clicking the "Buy" button in the final step of the ordering process, you place a binding order for the selected goods.

Immediately after submitting your order, you will receive an email confirmation of the receipt of your order (order confirmation). However, this does not yet constitute acceptance of your offer to purchase but merely serves to inform you that the order has been received by us. The purchase contract is only concluded when we confirm the order and delivery of the goods with another email (order confirmation), thereby accepting your offer to purchase. If you do not receive an order confirmation or delivery of goods within three working days of placing your order, you are no longer bound by your order.

3. CONTRACTUAL PARTNER

Rand Mode UG (haftungsbeschränkt)
Chausseestr. 9
10115 Berlin
Germany
Commercial Register: Amtsgericht Charlottenburg
Managing Directors: Damiano von Erckert & Tillmann Lauterbach
Email: info@gasm-or.com

For returns, please send an email to returns@gasm-or.com. For all other inquiries, please send an email to info@gasm-or?.com.

4. STORAGE OF THE CONTRACT TEXT

Your order and the order data you have entered are stored by us and can be requested from us. You also have the option to print your order and the entered data during the ordering process. If you have registered as a customer, you can also view your order data at any time in the customer area by entering your personal access data. The order data and the GTC will also be sent to the email address you provided as part of the confirmation emails. For further information, please refer to our privacy policy, available under "PRIVACY" on our website.

5. DELIVERY

(1) Deliveries are made according to the shipping conditions valid on the website at the time of ordering to the specified postal address. Information on delivery times is non-binding unless a date has been expressly agreed upon.
(2) If not all ordered products are in stock, we are entitled to make partial deliveries at our expense, as far as this is reasonable for you.
(3) If the ordered goods are not available on time or at all due to non-delivery by our supplier, we will inform you immediately. In such a case, you are free to wait for the ordered goods or to withdraw from the contract. In the event of impossibility of delivery, both parties are entitled to withdraw from the contract. In the event of withdrawal, we will immediately refund any considerations already provided by you.
(4) Should the delivery of the goods fail despite two delivery attempts, we may withdraw from the contract. Any payments made will be refunded to you immediately, whereby you are responsible for the costs of the unsuccessful deliveries if you are at fault, for example, because the delivery address you provided was incorrect or incomplete or because you did not collect the goods despite a notification.

6. RIGHT OF WITHDRAWAL / RETURN COSTS

WITHDRAWAL INSTRUCTION

RIGHT OF WITHDRAWAL:
You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the last goods.

To exercise your right of withdrawal, you must inform us (GASM, OR? UG, Chausseestr. 9, 10115 Berlin, Phone: [Phone Number], Email: returns@gasm-or?.com) by means of a clear statement (e.g., a letter sent by post, fax, or email) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but it is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send the communication regarding your exercise of the right of withdrawal before the withdrawal period has expired.

EFFECTS OF WITHDRAWAL
If you withdraw from this contract, we shall reimburse to you all payments received from you, including delivery costs (with the exception of the additional 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 fourteen 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.

You shall send back the goods or hand them over to us without undue delay and in any event not later than fourteen 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 fourteen days has expired. You will have to bear the direct cost of returning the goods.

You are only 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.

THE RIGHT OF WITHDRAWAL DOES NOT APPLY TO DISTANCE CONTRACTS
– for the delivery of goods made to the consumer’s specifications or clearly personalized,
– which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly,
– for the delivery of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery,
– for the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery.

WITHDRAWAL FORM
(If you want to withdraw from the contract, please fill out this form and send it back.)

To:

Rand Mode UG (haftungsbeschränkt)
Chausseestr. 9
10115 Berlin
Germany

Email: returns@gasm-or?.com

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),

Ordered on (*)/received on (*),

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date

(*) Delete as appropriate.

END OF WITHDRAWAL INSTRUCTION
ATTENTION: The right of withdrawal expires prematurely for contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.

7. PRICES

All prices mentioned in the webshop include the legally prescribed value-added tax (currently 19%). All prices are subject to additional shipping costs if applicable. Any customs duties for non-EU countries are not considered and will be charged directly to the recipient by the respective customs authority upon import.

8. PAYMENT OPTIONS

Payment in Advance

You can pay in advance. For this, you transfer the invoice amount indicated during the ordering process to the specified account. When selecting the payment method in advance, we will provide you with our bank details in the order confirmation and deliver the goods after receipt of payment.

Payment via PayPal

PayPal is an online payment method that works by linking to your bank account or credit card. To be able to pay with PayPal, you must have a PayPal customer account. If you do not yet have a PayPal customer account, you can open one during the ordering process if desired. Further information about PayPal can be found at www.paypal.com.

Payment by Credit Card (American Express, MasterCard, Visa)

If you wish to pay with one of the mentioned credit cards, please select the corresponding card during the ordering process and enter the required data in the fields provided. Your credit card account will be charged immediately after we have confirmed the order. The billing via credit card is carried out by Stripe Payments Europe Ltd., The One Building, 1 Grand Canal Street Lower, Dublin 2, Co. Dublin, Ireland, Email: support@stripe.com.

Payment by Instant Transfer

The processing of the instant transfer is carried out by Stripe Payments Europe Ltd., The One Building, 1 Grand Canal Street Lower, Dublin 2, Co. Dublin, Ireland, Email: support@stripe.com.

9. RETENTION OF TITLE

The goods remain our property until full payment is made.

10. LIABILITY

(1) We exclude our liability for slightly negligent breaches of duty.
(2) The foregoing limitation of liability does not apply to
– damages resulting from injury to life, body, or health,
– claims under the Product Liability Act,
– any guarantees of quality or durability we have provided, or
– the breach of essential contractual obligations.
(3) Insofar as we are also liable for slight negligence due to the breach of essential contractual obligations, our liability is limited in amount to the contract-typical, foreseeable damages.
(4) Insofar as our liability is excluded or limited above, this also applies to the liability of our legal representatives, employees, and vicarious agents.

11. WARRANTY

(1) For defects in the delivered goods, the statutory rights apply.
(2) Our product descriptions regularly do not contain information on the quality or durability that is to be understood as a guarantee within the meaning of § 443 BGB (German Civil Code). We only assume such a guarantee if we expressly point this out. Any guarantee we may provide does not limit or exclude your statutory rights.

12. CONTRACT LANGUAGE

The contract languages are German and English.

13. ONLINE DISPUTE RESOLUTION

The European Commission provides a platform for online dispute resolution (ODR) accessible via the external link http://ec.europa.eu/consumers/odr/.

14. FINAL PROVISIONS

(1) The law of the Federal Republic of Germany applies to contracts between the provider and the customers, excluding the UN Sales Convention. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, especially of the state in which the customer as a consumer has his habitual residence, remain unaffected.
(2) If the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the provider's place of business, Berlin.
(3) The contract remains binding in its remaining parts even if individual points are legally ineffective. Instead of the ineffective points, if available, the statutory provisions apply. However, if this would constitute an unreasonable hardship for one of the contracting parties, the contract as a whole becomes ineffective.

Date: January 31, 2019