General Terms and Conditions for the GOREWEAR.COM Online Shop
1. Contact information, scope of application
1.1 These General Terms and Conditions (hereinafter "T&Cs") apply to all contracts concluded between W. L. Gore & Associates GmbH, Hermann-Oberth-Straße 22, 85640 Putzbrunn, Germany, represented by the Managing Directors Karsta Goetze, Michael Hullik und Markus Minich, Commercial Register: AG Munich, HRB 7244, Tel.: 00800 4508 4508, e-mail: customercare.de@eu.gorewear.com (hereinafter "GORE") with its customers (hereinafter "you", "your") via the online store at http://www.gorewear.com (“Online Store”) concluded contracts including the underlying offers and declarations of acceptance.
1.2 The T&Cs apply to natural persons who conclude the contract with GORE for a purpose that is outside of their commercial or professional activity (hereinafter "consumers").
1.3 The goods offered in the Online Store are intended only for consumers of legal age. Goods are only sold in quantities customary for households.
2. Offer (order), acceptance, conclusion of contract, contract text, contract language
2.1 The presentation of the goods offered in the Online Store does not constitute an offer to conclude a purchase contract. You make an offer to conclude a purchase contract by entering all the required information during the ordering process and finally sending the order form to us by pressing the button "PLACE ORDER". You can correct input errors during the order process or cancel the order process and start again. Before submitting the offer, you will receive an overview of the information you have provided and the opportunity to correct any input errors.
2.2 Immediately after receipt of the order, you will receive an e-mail confirming receipt of the order by GORE (hereinafter "Order Confirmation"). This Order Confirmation does not constitute acceptance of the order, but is merely intended to inform you that your order has been received by GORE. A purchase contract is only concluded when, whichever of the following occurs first - GORE confirms the shipment of the goods with another e-mail, requests payment from you after you have placed your order, or delivers the goods.
2.3 GORE stores the text of the contract. The text of the contract is not accessible to you.
2.4 The contract language depends on the selection of the delivery country, according to the following list:
Delivery country (Available languages)
• Germany, Austria (German)
• Austria (German)
• Switzerland (German, French, Italian)
• Italy (Italian)
• Belgium (English, French)
• Denmark (English)
• Sweden (English)
• Finland (English)
• France (French)
• Spain (Spanish)
• Ireland (English)
• Netherlands (English)
• Norway (English)
• Luxembourg (French)
• Portugal (English)
• Sweden (English)
• United Kingdom (English)
3. Withdrawal from the Contract
Consumers are entitled to a right of withdrawal in accordance with the statutory provisions, of which GORE provides information below in accordance with the statutory model.
Information concerning the right of withdrawal
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period is fourteen days
(1) in the case of a purchase contract, from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods;
(2) in the case of a contract for several goods which you have ordered as part of a single order and which are delivered separately, from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods;
(3) in the case of a contract for the delivery of goods in several partial consignments or pieces, from the day on which you or a third party named by you, who is not the carrier, have taken pos-session of the last partial consignment or the last piece.
To exercise your right of withdrawal, you must inform us,W. L. Gore & Associates GmbH, Hermann-Oberth-Straße 22, 85640 Putzbrunn, Germany, Phone: 00800 4508 4508, E-Mail: customer-care.de@eu.gorewear.com by means of a clear declaration (e.g., a letter or e-mail sent by post) of your decision to revoke this contract. You can use the model withdrawal form in section 4 for this purpose, 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.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary 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 14 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, to:
Barth + Co. Spedition GmbH & Co. KG
Lindberghstraße 8,
85399 Hallbergmoos
Germany
without undue delay and in any event not later than 14 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 14 days has expired.
We will bear the cost of returning the goods.
You only have to pay for any loss of value of the goods if this loss of value is due to the handling of the goods which is not necessary for the inspection of the condition, quality and functioning of the goods.
4. Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*),
To:
Barth + Co. Spedition GmbH & Co. KG
Lindberghstraße 8,
85399 Hallbergmoos
Germany
Email: customercare.de@eu.gorewear.com
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*):
Ordered on (*): Received on (*):
Name of consumer(s):
Address of the consumer(s):
Date:
(*) Delete as applicable
5. Voluntary return policy
In addition to the right of withdrawal and your statutory rights in the event of defects, GORE offers you the following voluntary return policy:
GORE wants you to be satisfied with your purchase. If you are not, you can return all items purchased from the Online Store in unused, unwashed and undamaged condition with original tags within thirty (30) days of receiving the shipment. GORE will refund you the full purchase price including standard shipping charges. If you wish to make an exchange, please return the merchandise ordered and place a new order. The refund will be made in the payment method used when the order was placed. If you return a gift, GORE will refund the purchase price to the buyer.
To ensure a quick processing of your return, please proceed as follows:
Your package will include a document with details of your order. This document contains the return form.
In addition, an address label is included with your order.
Separate the return form from the delivery bill and fill it out. Enter all items you are returning and the reason for each return.
Place the completed return form together with your return in a suitable package. You can reuse the packaging in which you received your order.
Place the address label on the outside of your package. If you are reusing a previously used package, make sure the previous address is covered or removed.
Drop off the package at a UPS drop-off location of your choice. If you use the address label provided, there is no cost to you. You can find the UPS drop-off locations near you here: ups.com/dropoff?loc=en_DE
If, for whatever reason, you no longer have the enclosed return form, you can request a replacement form from GORE Customer Service:
Toll-free call, Mon. - Fri. 09:00-17:00: 00800 4508 4508
Email: customercare.en@eu.gorewear.com
You must bear the cost of returning the goods, unless you use the free returns service described above, unless GORE has delivered defective or incorrect goods.
6. Prices
All prices of GORE are final prices including statutory VAT. Unless otherwise stated, the prices do not include any shipping costs.
7. Due date of payment, means of payment/payment processing, default in payment, set-off, right of retention
7.1 The price payable by you shall be due for payment in advance upon conclusion of the contract. In the case of payment by invoice, the price payable shall not be due until after the goods have been delivered and invoiced.
7.2 Unless otherwise specified in the order, payment can be made by cash in advance, credit card (Visa, MasterCard), PayPal. When paying by credit card, your account will be charged the agreed amount immediately after shipment of the goods. When paying by PayPal your account will be debited directly by PayPal.
7.3 If you are in default of payment, GORE is entitled to charge you interest on arrears at a rate of 5 percentage points above the prime rate.
7.4 You may only offset claims of GORE against claims that are undisputed, ready for decision and legally established, or against claims that are reciprocal to the claims of GORE or accrue to you as a result of your revocation.
7.5 You may only assert a right of retention against claims of GORE insofar as it is based on the same contractual relationship.
7. 6 All payments, as well as refunds, will be processed in the currency underlying the purchase.
8. Delivery period, partial deliveries, force majeure, self-delivery
8.1 Unless otherwise agreed, the delivery period is approx. 2 to 3 working days after conclusion of the contract.
8.2 Partial deliveries are permitted insofar as this is reasonable for you. Shipping costs, if they are incurred, will be charged only once.
8.3 Delays in delivery and performance due to force majeure or other unforeseen events, e.g. operational disruptions, lawful strikes or lockouts, epidemics or pandemics, official measures, natural disasters, etc., which temporarily prevent GORE, through no fault of or attributable to GORE, from delivering the goods on the agreed date or by the agreed deadline, entitle GORE to postpone the delivery date or deadline by the duration of the performance disruptions caused by these circumstances - but for no longer than four weeks. GORE and you are entitled to withdraw from the contract if the aforementioned reasons result in delay of delivery of more than four weeks. Any statutory rights of withdrawal remain unaffected by this.
8.4 If GORE has not received delivery of any goods at all or in time, GORE will not be late with the delivery to You unless GORE is responsible for not having received upstream delivery at all or in time. If it has been established that upstream delivery of ordered goods has failed for reasons beyond GORE’s control despite a matching cover transaction, GORE is entitled to withdraw from the contract. GORE is then obligated to refund any payments made to you.
9. Liability for defects
For GORE's liability for defects the statutory provisions shall apply subject to the condition that unless modified by the provisions that GORE is only liable for damages due to a defect insofar as GORE's liability is not excluded or limited under Clause 10.
10. Liability, limitation of liability
10.1 GORE is liable without limitation for any damage in the event of intent and gross negligence. In the event of a slightly negligent breach of a material obligation or of a secondary obligation whose breach will put the achievement of the contractual purpose at risk, or whose fulfilment is essential for the due and proper fulfilment of the contract, and on whose fulfilment you could reasonably rely (“material secondary obligation”), (hereinafter "material secondary obligation"), GORE's liability shall be limited to damage foreseeable at the time of conclusion of the contract and typical for the contract. GORE shall not be liable in the event of a slightly negligent breach of a contractual secondary obligation that is not material.
10.2 The above exclusions and limitations of liability shall not apply to any fraudulent concealment of nonconformity or any guarantee as to quality as may have been issued, to claims under the Product Liability Act and to injuries to the body or health or loss of life. This shall not involve any reversal of the burden of proof to your disadvantage.
10.3 Insofar as GORE's liability is excluded or limited, this also applies to the personal liability of GORE's representatives, employees and vicarious agents.
11. Retention of title
Delivered goods remain the property of GORE until the purchase price has been paid in full.
12. Data protection
GORE processes your personal data exclusively in connection with the contractual relationship and within the scope of legal requirements. As a global company, GORE may provide or transfer personal data to other GORE companies in other countries. GORE takes measures to adequately protect personal data in each country. More detailed information can be found in the Privacy Policy at www.gore.com/privacy. You may contact GORE's Data Protection Officer at dataprivacyoffice@wlgore.com to exercise his/her data protection rights.
13. Applicable law
All legal relationships between GORE and you are governed by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). If you have your habitual residence in a state of the European Economic Area other than Germany, you shall retain protection under the relevant provisions of your state of residence, which may not be deviated from by agreement.
14. Dispute resolution procedure
14.1 The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), which you can access at https://ec.europa.eu/consumers/odr.
14.2 GORE is not required and will not participate in a dispute resolution procedure of a consumer dispute resolution body.
Status: August 2022