Terms of service

Terms and Conditions for Orders via www.battpak.com

(As of: 27.02.2025)

Scope and Contracting Parties
Order Process / Conclusion of Contract
Right of Withdrawal
Prices/Payment Terms, Refunds
Delivery and Shipping Conditions
Retention of Title
Information on Liability for Defects and Limitation Periods
Liability
Voluntary Return Policy 30 Days After Receipt of Goods
Minors
Applicable Law
Information on Online Dispute Resolution
Special Features of Contract Conclusion in Electronic Commerce
Place of Performance / Jurisdiction
Data Protection
Scope and Contracting Parties

1.1 These Terms and Conditions (hereinafter "T&Cs") apply to the business relationship between Gölz GmbH and the customer for transactions in the online shop at https://www.battpak.com.

1.2 The T&Cs regulate the details of the contractual relationship between Gölz and the customer and also contain important consumer information. The customer can access, save, and/or print the T&Cs via links in the online shop during the ordering process. The T&Cs applicable to the order will be sent to the customer again separately together with the contract confirmation upon delivery of the goods on a durable medium (by email).

2. Order Process / Conclusion of Contract

2.1 The customer can select products from Gölz's range and collect them in a virtual shopping cart by clicking the "Add to Cart" button. By clicking the "Place Order" button, the customer submits a binding offer to purchase the goods in the shopping cart. Before submitting the order, the customer can view and modify the data at any time. The offer can only be submitted and transmitted if the customer accepts these contractual terms by clicking the "Accept Terms and Conditions" button and thereby includes them in their offer.

2.2 Gölz then sends the customer an automatic acknowledgment of receipt by email, in which the customer's order is listed again and which the customer can print out using the "Print" function. The automatic acknowledgment of receipt merely documents that the customer's order has been received by the provider and does not constitute acceptance of the offer. The contract is only concluded by the provider's declaration of acceptance, which is sent in a separate email (order confirmation). In this email or in a separate email, but at the latest upon delivery of the goods, the contract text (consisting of the order, T&Cs, and order confirmation) will be sent to the customer by us on a durable medium (email or paper printout) (contract confirmation).

2.3 Gölz is entitled to limit the order to a household quantity. This applies both to the number of products ordered as part of one order and to the placement of several orders for the same product, where the individual orders comprise a household quantity.

3. Right of Withdrawal

Consumers generally have a statutory right of withdrawal when concluding a distance selling transaction. Gölz provides the following information in accordance with the statutory provisions:

3.1 Withdrawal Instructions

You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal 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 last goods.

To exercise your right of withdrawal, you must inform us (Gölz GmbH, Dommersbach 51, D 53940 Hellenthal, Tel. 02482 120, Fax. 02482 12222, Email vki@goelz.de) of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post, fax, or email). You may use the model withdrawal form provided in section 4.3, but it is not mandatory.

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.

Consequences of Withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose 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 (Gölz GmbH, Dommersbach 51, 53940 Hellenthal) 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.

We will bear the 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.

3.2 Exclusion/Expiration of the Right of Withdrawal

According to § 312g para. 2 BGB, 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 by the consumer is decisive or which are clearly tailored to the personal needs of the consumer. 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, and for contracts for the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery.

3.3 Model Withdrawal Form

Gölz provides information about the model withdrawal form in accordance with the statutory provisions as follows. Its use is not mandatory.

Model Withdrawal Form

(If you wish to withdraw from the contract, please complete this form and return it.)

Gölz GmbH

Dommersbach 51

D-53940 Hellenthal

Tel.: +49 2482 120 Email: vki@goelz.de

I/we hereby withdraw from the contract concluded by me/us for the purchase of the following goods ___________________________

Received on ________

Name of consumer(s) ________________

Address of consumer(s) ________________

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

4. Prices/Payment Terms, Refunds

4.1 The prices listed in Gölz's online shop are final prices in EURO (including statutory VAT) plus shipping costs. The shipping costs are displayed in connection with the respective item in the online shop. If delivery is made in several partial shipments, the shipping costs will only be charged once.

4.2 The following payment options are available to the customer:

4.2.1 Credit Card VISA/MasterCard: When paying by VISA or MasterCard credit card, your credit card will be charged upon completion of your order.

4.2.2 PayPal: When paying via PayPal, the payment time corresponds to the time of the order. When selecting the PayPal payment method, the payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg, under the PayPal terms of use, which can be viewed online at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full if you have a PayPal account. This requires, among other things, that the customer opens a PayPal account or already has one. If the customer does not have a PayPal account, the conditions can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

4.2.3 In cooperation with Klarna AB, Sveavägen 46, 11134 Stockholm, Sweden (www.klarna.de), Gölz offers the following payment options. Payment is made to Klarna.

4.2.3.1 Klarna (Purchase on Account): Please note that this payment option can only be used by consumers (§ 13 BGB) and requires a positive credit check, which is carried out by Klarna. Klarna requires the buyer's consent for the credit check, which is obtained during the purchase. The invoice is issued by Klarna and sent to the customer by email. The payment period is 14 days from the dispatch of the goods. The payment terms of Klarna, which can be accessed at https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_de/invoice?fee=0, apply to the payment processing.

4.2.3.2 Klarna Installment Purchase Please note that this payment option can only be used by consumers (§ 13 BGB) and requires a positive credit check, which is carried out by Klarna. Klarna requires the buyer's consent for the credit check, which is obtained via a corresponding checkbox in the order process. With Klarna's financing service, you as a consumer can pay for your purchase flexibly in monthly installments of at least 1/24 of the total amount (but at least EUR 6.95). The installment payment is due at the end of the month following the dispatch of a monthly invoice by Klarna. Further information on Klarna installment purchase, including the General Terms and Conditions and the European Standard Information for Consumer Credit, can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_de/account.

4.2.3.3 Klarna Sofort (Immediate Transfer) With the "Klarna Sofort" payment option, the customer can pay using their online banking details. The account is debited immediately after the order is placed.

**4.3 Gölz is entitled to provide the invoice as an electronic invoice (invoice issued in an electronic format, e.g., as a PDF document) for download in the customer's account. Gölz will inform the customer of this by email.

4.4 Refunds are made in the case of the payment option

(a) "Credit Card" to the credit card account used; it is noted that the value date on the credit card account depends on the respective credit card institution. (b) "PayPal" to the account associated with PayPal. (c) "Klarna Purchase on Account" to the account used by the customer for payment. (d) "Klarna Installment Purchase" in such a way that the amount is deducted by Klarna from the total debt or Klarna contacts the customer to request their bank details. (e) "Klarna Sofort" by refund to the account from which Klarna received the payment.

**4.5 Payments are only accepted from accounts within the European Union (EU).

5. Delivery and Shipping Conditions

5.1 The delivery of goods will take place, unless a different delivery time is specified for the respective goods in our online shop, at the latest within five (5) working days (Monday to Friday, excluding public holidays) after the conclusion of the contract. Unless otherwise agreed, delivery will be made to the delivery address specified by the customer in the order.

5.2 Delivery is only made within the Federal Republic of Germany.

5.3 Gölz is entitled to make partial deliveries.

5.4 After handing over the goods to the shipping company, the customer will receive a shipping confirmation from Gölz by email, including all necessary information about the shipping status and, where available, a link to the tracking of the shipment by the carrier.

5.5 If Gölz is unable to meet a binding delivery deadline for reasons not attributable to Gölz (e.g., due to force majeure), Gölz will inform the customer immediately, specifying the new delivery deadline. If the new delivery deadline is not acceptable to the customer, the customer is entitled to withdraw from the contract with respect to the affected goods; any consideration already provided will be refunded to the customer without delay. The statutory rights of the contracting parties remain unaffected. The customer's right of withdrawal and the statutory warranty rights of the customer remain unaffected by the above provisions.

6. Retention of Title

The delivered goods remain the property of Gölz until full payment of the purchase price has been made.

7. Information on Liability for Defects and Limitation Periods

The statutory provisions on liability for defects and limitation periods apply.

8. Liability

8.1 Gölz is only liable for damages

a) in cases of intent and gross negligence; or b) in the event of culpable injury to life, body, or health; or c) if a defect has been fraudulently concealed; or d) under any guarantee commitment; or e) under the Product Liability Act; or f) in the event of culpable breach of essential contractual obligations (i.e., obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the customer regularly relies), even in cases of slight negligence, but then limited to the typical, reasonably foreseeable damage.

8.2 The limitation of liability also applies to claims for reimbursement of expenses under § 284 BGB.

8.3 Otherwise, claims for damages, regardless of the legal basis, are excluded.

9. Voluntary Return Policy 30 Days After Receipt of Goods

9.1 Independently of the statutory right of withdrawal that only applies to consumers (see section 3 above), Gölz grants the customer a voluntary return policy of 30 days in accordance with the conditions of this section 9.

9.2 With this return policy, the customer can withdraw from the contract by informing Gölz within 30 days of receipt (the period begins the day after receipt of the goods) via email to Gölz's email address info@goelz.de of their decision to return the goods, and then promptly returning the goods to Gölz (timely dispatch is sufficient to meet the deadline). For clarification: This return policy also applies to consumers. This applies even if the consumer has not exercised or has not exercised in time a statutory right of withdrawal to which they are entitled.

9.3 Gölz will then arrange for the goods to be collected free of charge for the customer by a shipping company. In the case of goods that can be shipped as a package, Gölz is also entitled to request the customer to return the goods as a package. For collection by a shipping company, an appointment must be made and the customer or an adult representative of the customer must be present at the time of collection.

The goods must be labeled by the customer before return with the return labels provided by Gölz, in particular the return label and the hazardous goods label. The customer can download and print the return labels themselves from the website www.battpak.com.

9.4 A prerequisite for exercising the voluntary return policy is that the goods are returned in their original packaging in their original condition, complete and undamaged. The goods must be returned without damage, including any instructions and, if sealed upon delivery, with an intact seal. This means, in particular, that if the customer wishes to make use of the voluntary return policy, they may only inspect and test the goods as would have been possible in a retail store. If these conditions are not met, Gölz may refuse the voluntary return.

The customer's use of the voluntary return policy further requires that the customer enables the collection of the goods by Gölz within 14 days of exercising the return policy or returns the goods to Gölz.

9.5 The statutory right of withdrawal to which consumers are entitled (see section 3 above) is not affected or restricted in any way by the voluntary return policy in this section 9. The voluntary return policy also does not limit your statutory warranty rights.

10. Minors

The product offerings in Gölz's online shop are exclusively aimed at adults.

11. Applicable Law

11.1 All legal relationships between Gölz and the customer are governed by the law of the Federal Republic of Germany, excluding the laws on the international sale of movable goods, known as the UN Sales Law (United Nations Convention on Contracts for the International Sale of Goods (CISG) of 11.04.1980).

11.2 The statutory provisions on the restriction of the choice of law and the applicability of mandatory provisions, particularly of the state in which the customer as a consumer has their habitual residence, remain unaffected.

12. Information on Online Dispute Resolution

12.1 The EU Commission provides an internet platform for online dispute resolution (so-called OS platform). This OS platform is intended to serve as a point of contact for the out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts. The OS platform can be accessed at the following link: Online Dispute Resolution | European Commission.

12.2 Gölz's email address can be found in the contact details or the imprint. However, Gölz is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

13. Special Features of Contract Conclusion in Electronic Commerce

13.1 Gölz's General Terms and Conditions for the Gölz online shop can be accessed and printed at any time during the entire ordering process by clicking the "T&Cs" link (at the bottom of the online shop screen).

13.2 Before entering the ordering process, the customer can view the shopping cart at any time by clicking the shopping cart icon.

13.3 The customer's address and delivery details must be provided during the ordering process after reviewing the shopping cart. Input errors can be corrected by the customer at any time.

13.4 The option to cancel the ordering process by closing the window is available throughout the entire ordering process.

13.5 The order is only forwarded to Gölz by clicking the "Buy" button.

13.6 Along with the acknowledgment of receipt, the customer will also receive a summary of their order, including further information, particularly the contractual terms. The customer is requested to save or print this information, as such a consolidated compilation of the contractual terms in this form is not stored by Gölz and will therefore no longer be accessible to the customer afterward.

13.7 Only the German language is available for the conclusion of the contract.

14. Place of Performance / Jurisdiction

14.1 The place of performance for all obligations arising from the contractual relationship with Gölz is the registered office of Gölz.

14.2 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 or in connection with the contractual relationship between the customer and Gölz is Schleiden-Gemünd, Germany.

15. Data Protection

When processing the customer's personal data, including contract data (e.g., order, delivery, invoice, and payment information), Gölz complies with the statutory provisions. Details can be found in the privacy policy, which can be accessed under Privacy Policy.

[End of Terms and Conditions]