Terms of Service
A. General Terms and Conditions
1. Scope
1.1 These terms and conditions of gubest GmbH (hereinafter referred to as "Seller") apply to all contracts that a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Seller regarding the goods and/or services presented by the Seller in his online shop. The inclusion of the customer's own conditions is hereby rejected unless otherwise agreed.
1.2 A consumer is any natural person who enters into a legal transaction for purposes that are predominantly not attributable to their commercial or independent professional activity. An entrepreneur is a natural or legal person or a legally capable partnership that acts in the exercise of their commercial or independent professional activity when concluding a legal transaction.
2. Conclusion of Contract
2.1 The offers in the online shop are an invitation to submit an offer by the customer.
2.2 The customer can select products from the range of the web shop and collect them in a virtual shopping cart via the button "Add to Cart." By clicking the "Order Now" button, they submit a binding offer to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time. The offer can only be submitted and transmitted if the customer accepts these contractual conditions by clicking the "Order Now" button, thereby including them in their offer.
2.3 The seller will then send the customer an automatic confirmation 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 confirmation of receipt merely documents that the customer's order has been received by the seller and does not constitute acceptance of the offer. The seller can accept the customer's offer by sending a written (letter) or electronically transmitted (fax or email) order confirmation or by delivering the goods within five days. The seller is entitled to refuse acceptance of the order.
2.4 Order processing and contact usually take place by email and automated order processing. The customer must ensure that the email address provided by them for order processing is correct so that emails sent by the seller can be received at this address. In particular, the customer must ensure that all emails sent by the seller or third parties commissioned with order processing can be delivered if spam filters are used.
3. Prices and Payment Conditions
3.1 The prices indicated by the seller are final prices and include statutory sales tax. Any additional delivery and shipping costs that may be incurred will be specified separately in the respective product description.
3.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which the seller is not responsible for and which must be borne by the customer. These include, for example, costs for money transfer by credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties).
3.3 The customer can make the payment by bank transfer, PayPal, purchase on account, credit card, Amazon Pay, or immediate transfer. Furthermore, payment can also be made using the shipping and payment information stored in an Amazon customer account via the function "Login and Pay with Amazon" or "Pay with Amazon."
3.4 Payment of the purchase price and shipping costs is due immediately upon conclusion of the contract for the payment methods bank transfer, PayPal, credit card, Amazon Pay, immediate transfer, or the function "Login and Pay with Amazon" or "Pay with Amazon."
3.5 When selecting the payment method "PayPal," the payment transaction is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"), subject to PayPal's terms of use, which can be viewed at: https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. This requires, among other things, that the customer opens a PayPal account or already has such an account.
3.6 When selecting the payment method "Purchase on Account (via PayPal Plus)," the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 14 (fourteen) days from receipt of the invoice without deduction to PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, 2449 Luxembourg (hereinafter "PayPal"). The payment method "Purchase on Account (via PayPal Plus)" requires a successful credit check by PayPal. If the customer is allowed to purchase on account after the credit check, the payment will be processed in cooperation with PayPal, to whom the seller assigns his payment claim. The customer can only pay PayPal with a debt-discharging effect. The seller remains responsible for general customer inquiries, e.g., about the goods, delivery time, shipping, returns, complaints, withdrawal declarations, and returns or credits, even if the payment method "Purchase on Account (via PayPal Plus)" is selected. Otherwise, the PayPal terms of use (see above) apply, which the customer can access and confirm during the ordering process.
3.7 In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is made to Klarna:
- Invoice: The payment period is 14 days from dispatch of the goods or, in the case of other services, the provision of the service. The complete invoice conditions for the countries where this payment method is available can be found here: Germany, Austria.
- Immediate transfer: Available in Germany, Austria, Belgium, Italy, Spain, Poland, and the Netherlands. Your account will be debited immediately after placing the order.
The use of the payment methods invoice, installment purchase, and direct debit requires a positive credit check. In this respect, we forward your data to Klarna as part of the purchase initiation and processing of the purchase contract for the purpose of address and credit check. Please understand that we can only offer you the payment methods that are permitted based on the results of the credit check. Further information and Klarnas terms of use can be found here. General information about Klarna is available here. Your personal information will be treated by Klarna in accordance with the applicable data protection regulations and as specified in Klarnas privacy policy.
4. Delivery and Shipping Conditions
4.1 The shipment of goods is carried out by postal delivery to the delivery address provided by the customer. The delivery of freight items, which are marked in the product description, is made to the curb. The delivery address specified in the seller's order processing is decisive for the transaction. The seller bears the shipping risk if the customer is a consumer.
4.2 The shipping costs incurred, which depend on the respective country to which the goods are delivered and the shipping method, size, and weight of the ordered goods, are specified to the customer in the order form and are to be borne by the customer, unless the customer exercises his right of withdrawal.
4.3 The seller is entitled to make partial deliveries if this is reasonable for the customer. In the case of partial deliveries, the customer will only be charged shipping costs for the first partial delivery. If partial deliveries are made at the customer's request, the seller will charge shipping costs for each partial delivery.
4.4 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if the customer exercises his right of withdrawal by refusing acceptance, if he is not responsible for the circumstance that led to the impossibility of delivery, or if he was temporarily prevented from accepting the offered service unless the seller had announced the service a reasonable time in advance.
4.5 If the right of withdrawal is exercised, the customer bears the direct costs of returning the goods.
4.6 In the case of self-collection, the seller first informs the customer by email that the goods ordered by him are ready for collection. After receiving this email, the customer can pick up the goods after consultation with the seller. In this case, no shipping costs are charged.
5. Liability for Defects
5.1 The statutory warranty rights apply to all goods from the online shop. For entrepreneurs, the warranty period for items delivered by the seller is 12 months.
5.2 An additional guarantee exists for the goods delivered by the seller only if this has been expressly stated in the order confirmation for the respective item.
6. Liability
6.1 Customer claims for damages are excluded. Excluded from this are claims for damages by the customer due to injury to life, body, health, or due to the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the seller. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract.
6.2 In the event of a breach of essential contractual obligations, the seller is only liable for the contractually typical, foreseeable damage if this was caused simply negligently unless it concerns claims for damages by the customer from an injury to life, body, or health.
6.3 The restrictions of clauses 6.1 and 6.2 also apply in favor of the legal representatives and agents of the seller if claims are made directly against them.
6.4 The provisions of the Product Liability Act or warranty declarations by the seller remain unaffected.
7. Retention of Title
The goods remain the property of the seller until full payment has been made.
8. Information on Online Dispute Resolution
The European Commission provides a platform for online dispute resolution. This "OS platform" is intended to help companies and consumers resolve disputes about contractual obligations from purchase or service contracts concluded online out of court. The OS platform can be accessed at the following link: https://ec.europa.eu/consumers/odr/.
The seller is generally not willing and obliged to participate in dispute settlement proceedings before a consumer arbitration board.
9. Other Provisions
9.1 The customer has a right to offset only if his counterclaims are legally established or undisputed by the seller.
9.2 The customer is only entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
9.3 If force majeure, in particular natural disasters, war, civil war, terrorist attacks, makes delivery or any other service permanently impossible, the seller's obligation to perform is excluded. Amounts already paid will be refunded by the seller without delay.
10. Final Provisions
10.1 If individual provisions of a contract between gubest GmbH and the customer are wholly or partially invalid or void, this does not affect the validity of the contract as a whole. The parties undertake to replace the invalid or void provision with a valid provision that comes closest to the intended economic purpose. The same applies in the event of a gap.
10.2 Amendments or additions to a contract between the seller and the customer require written form. This also applies to the amendment or cancellation of this written form requirement itself.
10.3 All legal relationships between the parties are governed by the law of the Federal Republic of Germany, excluding the UN Sales Law. For consumers, the mandatory provisions of the state in which the customer has his habitual residence remain unaffected.
10.4 If the customer is a merchant, a legal entity under public law, or a special fund under public law with its seat in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business. If the customer has his seat outside the territory of the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims from the contract can be attributed to the customer's professional or commercial activity.
10.5 The contract language is German.
B. Customer Information
1. Information about the Identity of the Seller
gubest GmbH
Marienstrasse 3a
70178 Stuttgart
Germany
Tel: +49 1734813881
Email: info@kumigolf.com
Managing Director: Jing Zeng
Register court: Local court Stuttgart
Register number: HRB 783711
VAT ID number according to § 27 a Value Added Tax Act: DE351306827
2. Information on the Essential Characteristics of the Goods or Services
The essential characteristics of the goods or services result from the respective product description posted by the seller.
3. Information on the Conclusion of the Contract
The conclusion of the contract takes place according to section 2 of the General Terms and Conditions of the seller (see above).
4. Information on Payment and Delivery
Payment is made according to section 3 of the General Terms and Conditions of the seller (see above). Delivery is made according to section 4 of the General Terms and Conditions of the seller (see above).
5. Information on the Technical Steps Leading to the Conclusion of the Contract
5.1 To submit his offer via the seller's online order form, the customer must go through the following technical steps:
5.1.1 Placing the desired item in the virtual shopping cart
5.1.2 Registration in the online shop by entering user credentials and password or – if no customer account exists – new registration by creating a customer account
5.1.3 Entering billing and delivery address
5.1.4 Selecting the desired payment method
5.1.5 Selecting the desired shipping method
5.1.6 Summary of order details
5.1.7 Submitting the order
5.2 The acceptance by the seller takes place according to section 2.3 of the General Terms and Conditions of the seller (see above).
6. Information on the Storage of the Contract Text
The contract text is stored by the seller and sent to the customer after submitting his order along with the present GTC and customer information in text form (e.g., email, fax, or letter). In addition, the contract text is archived on the seller's website and can be accessed free of charge by the customer via his password-protected customer account by providing the corresponding login data, provided the customer has created a customer account in the seller's online shop before submitting his order.
7. Information on the Technical Means for Detecting and Correcting Input Errors
Before the binding submission of the order, the customer can continuously correct his entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.
8. Information on the Languages Available for the Conclusion of the Contract
Only the German language is available for the conclusion of the contract.
9. Free Items on Return
If the buyer has received a free item as part of a promotion, which was dependent on the purchase value, the buyer is obliged to return this free item in the event of a return if the sales value falls below the promotion-relevant purchase value due to the return.