Terms of service
(As of June 15, 2023)
1. Delivery
Agreed delivery dates refer to the availability of the goods for handover or shipment at the factory or distribution warehouse. Our delivery obligation is suspended as long as we have not received the execution documents and all documents necessary or appropriate for the execution of the order, or as long as information has not been provided.
2. Warranty
a) If a defect is covered by the warranty, the customer has the statutory rights. Complaints about defects must be made within 10 working days of receipt of the goods; late complaints cannot be accepted.
b) GORILLER (Living Handel GmbH) is liable without limitation for intent, gross negligence and in cases of fraudulent intent. In the case of slight negligence, liability is limited to the foreseeable damage typical for the contract if GORILLER has breached an obligation that is of essential importance for the achievement of the contract purpose. Regardless of the reason for the claim, GORILLER assumes no further liability unless otherwise agreed between the parties. To the extent that the liability of GORILLER is limited or excluded, the personal liability of the vicarious agents and assistants of GORILLER is also limited or excluded.
c) The appearance of the delivered products may differ slightly from the images on the website and/or in online shops due to material or technical limitations. If product sizes, tolerances, or similar deviations from the specifications on the data sheets are not considered a defect, unless the goods are unsuitable for normal use due to this deviation or do not have the quality that is usual for items of the same type.
d) Due to the hand-finished nature of the products, some surfaces may contain individual weld seam residues, adhesive residues, and similar processing-related residues. Likewise, minor surface imperfections (scratches, dents, etc.) cannot always be avoided.
Deviations must be tolerated by the customer if they do not impair proper use. Minor superficial scratches and small dents may occur due to production reasons. The delivered goods are deemed to conform to the contract if the essential details correspond to the product specification.
e) In any case, we must be given the opportunity to examine the defect ourselves and/or have it examined by experts commissioned by us; we are entitled to these rights unless the customer can credibly demonstrate to us that immediate action was required due to imminent danger. The assumption of costs for external experts requires a written agreement in each individual case. To remedy legitimately reported defects in the products we supply, we may, at our discretion, either repair the goods or supply replacement parts. We must exercise this right of choice promptly, at the latest one week after clarification of the facts, by notifying the customer. If replacement deliveries or repairs fail or require disproportionate expenditure, only a reduction in the purchase price can be demanded after installation.
All further claims of the customer, including those for damages, are expressly excluded, unless mandatory provisions conflict with this, unless they are based on the absence of guaranteed properties, fraudulent concealment of defects or intentional or grossly negligent conduct.
3. Advice
a) Technical advice is not part of the supply contract; it is only binding if it is provided in writing.They do not release the customer from the obligation to process our products properly and professionally.
4. Final provisions
Should individual provisions of these General Terms and Conditions be or become legally invalid in whole or in part, the validity of the remaining provisions shall not be affected.
Cancellation policy
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the goods.
To exercise your right of withdrawal, you must
Living Handel GmbH
Wagenfeldstr. 16
33332 Gütersloh
e-mail info@goriller.net
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 may use the attached model withdrawal form, but this is not mandatory.
Consequences of revocation
If you cancel this contract, we will refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this refund.
We may refuse to refund until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us of the cancellation of this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period.
You will bear the cost of returning the goods.
End of the cancellation policy