General Terms and Conditions (GTC) of GayGearStore

General Terms and Conditions (GTC) of GayGearStore

1. Scope of application

The following terms and conditions (T&Cs) apply to the use of this website and the business relationship between GAYGEARSTORE (www.gaygearstore.com / Theros Retail SL, Calle Consell de Cent 271, Principal, 08011 Barcelona Spain) and its customers. The offer on this website is exclusively directed at customers residing in Switzerland.

A customer refers to any natural or legal person who maintains business relationships with GAYGEARSTORE. The T&Cs, delivery and payment conditions, as well as the privacy policy, may be subject to occasional adjustments. GAYGEARSTORE kindly asks you to read these provisions carefully during each visit to the website and when placing an order.

These T&Cs exclusively apply. Any conflicting, additional, or deviating conditions require explicit written confirmation from GAYGEARSTORE to be valid. By using this website or placing an order, the customer acknowledges and fully accepts these T&Cs, including the delivery and payment conditions.

If individual provisions of these T&Cs prove to be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected.

The operator of this website is GAYGEARSTORE.

2. Information on this website

GAYGEARSTORE provides information about products and services. Price and assortment changes, as well as technical modifications, are reserved. All information on www.gaygearstore.com (product descriptions, images, videos, dimensions, weights, technical specifications, accessory relationships, and other details) are approximate and do not constitute a guarantee of characteristics or warranties, unless explicitly stated otherwise. GAYGEARSTORE strives to provide all information on this website correctly, completely, up-to-date, and in an organized manner. However, GAYGEARSTORE cannot explicitly or implicitly guarantee the accuracy and completeness of the information.

All offers on this website are non-binding and should not be interpreted as a binding offer.

GAYGEARSTORE cannot guarantee the availability of the listed products at the time of ordering.

3. Prices

The prices provided by GAYGEARSTORE include, unless otherwise stated, the legally required value-added tax (VAT) and copyright fees for electronic devices. The prices are inclusive of VAT in Euro (EUR).

Any applicable shipping costs will be charged separately and are to be paid by the customer. Shipping costs will be indicated separately during the ordering process.

Technical changes, errors, and printing mistakes are reserved, and GAYGEARSTORE reserves the right to change prices at any time without prior notice. Consultation and support services are not included in the sales prices.

4. Contract conclusion

The offers on this website constitute a non-binding invitation for customers to order products and/or services from GAYGEARSTORE. By placing an order through this website, including acceptance of these terms and conditions, the customer submits a legally binding offer to enter into a contract. GAYGEARSTORE will then send an automatic "order confirmation" via email, confirming that the customer's offer has been received by GAYGEARSTORE. Placed orders are binding for the customer. The right of revocation applies as stated in the terms and conditions.

The contract is concluded when GAYGEARSTORE sends an acceptance declaration via email, confirming the shipment of the ordered products or services.

Orders will only be shipped after full payment has been received (except for invoice purchases) and if the goods are available. If it becomes apparent after the conclusion of the contract that the ordered goods cannot be delivered or only partially delivered, GAYGEARSTORE is entitled to withdraw from the entire contract or a part thereof. If the customer's payment has already been received by GAYGEARSTORE, the payment will be refunded. If no payment has been made, the customer will be relieved of the obligation to pay. In the event of contract termination, GAYGEARSTORE is not obliged to make a replacement delivery.

5. Payment options, retention of title and reminders

The customer is exclusively provided with the specified payment options during the ordering process.

GAYGEARSTORE reserves the right to exclude customers from certain payment methods without giving reasons or to insist on advance payment.

The products delivered to the customer remain the property of GAYGEARSTORE until full payment is received.

6. Delivery, obligation to inspect, notification of defects and return

Deliveries are sent by postal service or courier to the address specified by the customer in the order. Invoicing is done via email or by mail. The customer assumes the risk and responsibility upon shipment.

Estimated delivery: Products are usually shipped within 2 days after the successful payment. 

If the delivery is undeliverable or if the customer refuses to accept the delivery, GAYGEARSTORE may terminate the contract after notifying the customer via email and setting a reasonable deadline, as well as charge the customer for any incurred expenses.

The customer is obliged to inspect the delivered goods immediately upon receipt and promptly notify GAYGEARSTORE in writing by mail or email at the address provided (imprint) of any defects for which GAYGEARSTORE provides warranty.

Returns to GAYGEARSTORE are made at the customer's expense and risk. The customer must return the goods in their original packaging, complete with all accessories, along with the delivery note and a detailed description of the defects, to the return address specified by (GAYGEARSTORE Theros Retail SL, Calle Consell de Cent 271, Principal, 08011 Barcelona Spain).

If upon examination by GAYGEARSTORE it is determined that the goods do not have detectable defects or that they do not fall under the manufacturer's warranty, GAYGEARSTORE may charge the customer for any incurred expenses, the return shipment, or any necessary disposal.

7. Right of withdrawal

The customer is granted a right of withdrawal for a period of 14 calendar days after receiving the goods. The deadline is considered met if the customer sends the written withdrawal via email (store@gaygearstore.com) or by mail(GAYGEARSTORE Theros Retail SL, Calle Consell de Cent 271, Principal, 08011 Barcelona Spain) to GAYGEARSTORE within the specified period. The withdrawal does not require any justification. Subscriptions are excluded from the right of withdrawal.

Exercising the right of withdrawal leads to a reversal of the contract. The customer must return the goods within 14 calendar days in unopened, sealed original packaging, complete with all accessories, along with the delivery note to the return address specified by GAYGEARSTORE (GAYGEARSTORE Theros Retail SL, Calle Consell de Cent 271, Principal, 08011 Barcelona Spain). Returns to GAYGEARSTORE are made at the customer's expense and risk. Any payment already made will be refunded to the customer within 30 calendar days, provided that GAYGEARSTORE has already received the goods or the customer can provide proof of shipment.

GAYGEARSTORE reserves the right to demand reasonable compensation for damage, excessive wear, or loss of value due to improper handling and to deduct the depreciation from the purchase price already paid or charge the customer accordingly.

For hygienic reasons, intimate products can only be returned if the packaging is unopened. Contracts for these products can only be canceled under this condition.

The right of withdrawal is not granted in the following cases:

(i) If the contract involves an incidental element, in particular because the price is subject to fluctuations over which the provider has no influence.

(ii) If the contract concerns a movable item that is not suitable for return due to its nature or that can quickly perish.

(iii) If the contract concerns a movable item that is made according to the consumer's specifications or is clearly tailored to personal needs.

(iv) If the contract concerns digital content and this content is not provided on a fixed data carrier or if the contract is to be fully performed by both parties immediately.

(v) If the contract concerns a service and the contract is to be fully performed by the provider with the prior express consent of the consumer before the withdrawal period has expired.

8. Warranty

GAYGEARSTORE endeavors to deliver goods of impeccable quality. In the event of timely reported defects, GAYGEARSTORE assumes liability for the freedom from defects and functionality of the item purchased by the customer during the statutory warranty period, usually two years (24 Month) from the date of delivery. It is at the discretion of GAYGEARSTORE to provide warranty coverage through free repair, equivalent replacement, or refund of the purchase price. Further claims are excluded.

The warranty does not cover normal wear and tear, as well as the consequences of improper handling or damage caused by the customer or third parties, and defects resulting from external circumstances. Likewise, the warranty is waived for consumable and wear parts (e.g., batteries, accumulators, etc.).

GAYGEARSTORE cannot provide any assurances or guarantees regarding the timeliness, completeness, and accuracy of the data, as well as the constant or uninterrupted availability of the website, its functionalities, integrated hyperlinks, and other content. In particular, no assurance or guarantee is provided that the use of the website will not infringe upon the rights of third parties that are not owned by GAYGEARSTORE.

9. Liability

GAYGEARSTORE excludes all liability, regardless of its legal basis, as well as claims for damages against GAYGEARSTORE and any auxiliary persons and agents. GAYGEARSTORE is not liable for indirect damages, consequential damages, loss of profit, or other personal, property, and purely financial damages suffered by the customer. Any further mandatory statutory liability, such as for gross negligence or unlawful intent, remains unaffected.

GAYGEARSTORE uses hyperlinks solely for the customer's simplified access to other websites. GAYGEARSTORE neither has detailed knowledge of the content of these websites nor assumes liability or any other responsibility for the content of these websites.

The buyer/consumer is aware of the nature and risks associated with the lifestyle products and services provided by the supplier. Careless, experimental, or otherwise reckless use is entirely at the buyer's/consumer's expense and risk. The buyer/consumer must be aware at all times that there are risks associated with the use (and manner of use) of the products and services. Deviating use, for example, contrary to the enclosed instructions for use, is discouraged. However, even if instructions for use are provided, individuals must always handle the products and services responsibly. Any use is at the individual's own risk.

10. Data privacy

GAYGEARSTORE collects and processes personal data in accordance with the GAYGEARSTORE privacy policy. GAYGEARSTORE is allowed to process the data collected during the conclusion of the contract in order to fulfill the obligations arising from the purchase agreement. The necessary data for performance may also be disclosed to commissioned service partners (logistics partners) or other third parties. Datenschutzerklärung

11. Other provisions

GAYGEARSTORE expressly reserves the right to amend these terms and conditions at any time and without prior notice.

In the event of disputes, Swiss substantive law shall apply exclusively, excluding conflict of law provisions. The UN Convention on Contracts for the International Sale of Goods (CISG) is explicitly excluded.

The place of jurisdiction is Basel, to the extent permitted by law and in the absence of mandatory jurisdictional provisions.

12. Contact

For any questions regarding these terms and conditions, please contact:

GayGearStore

Theros Retail SL
Calle Consell de Cent 271, Principal
08011 Barcelona
Spain

UID / VAT Nr: ESB16495335

Web: www.gaygearstore.com
Email: store@gaygearstore.com

Impressum

 

(Version 26.05.2024)