General terms and conditions of business

§ 1 Basic provisions

(1) The following terms and conditions apply to all contracts that you conclude with us as the provider GambTec, owner Toni Gambino, via the website gambtec.de. Unless otherwise agreed, the inclusion of any terms and conditions used by you is hereby rejected.

(2) For the purposes of these provisions, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity (Section 13 of the German Civil Code). An entrepreneur is any natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts in the exercise of their independent professional or commercial activity (Section 14 of the German Civil Code).

§ 2 Formation of the contract

(1) The subject of the contract is the sale of goods.

(2) By placing the respective product on our website, we submit to you a binding offer to conclude a purchase agreement under the conditions specified in the item description.

(3) The contract is concluded via the online shopping cart system as follows:

The items you intend to purchase are placed in the shopping cart. You can access the shopping cart and make changes at any time via the corresponding button in the navigation bar. After accessing the "Checkout" page and entering your personal data as well as the payment and shipping conditions, all order details are displayed again on the order summary page.

If you use an instant payment system (e.g., PayPal, Klarna, Apple Pay) as your payment method, you will either be taken to the order summary page or first redirected to the payment service provider's website. After completing the payment process, you will be redirected back to our order summary page.

Before submitting your order, you have the opportunity to review all information, make changes, or cancel the purchase. By submitting your order via the "Buy now" or "Place order" button, you legally accept the offer, thereby concluding the contract.

(4) Requests for a customized quote are non-binding. We will then send you a binding offer in written form (e.g., by email), which you can accept within 5 days.

(5) Order processing and the transmission of all information required in connection with the conclusion of the contract are carried out by email, partly automatically. You must ensure that the email address you have provided to us is correct and that the receipt of emails is technically ensured, in particular that it is not prevented by spam filters.

§ 3 Right of retention, reservation of title

(1) You may only exercise a right of retention insofar as it relates to claims arising from the same contractual relationship.

(2) The goods shall remain our property until the purchase price has been paid in full.

(3) If you are an entrepreneur, the following also applies:

a) We retain title to the goods until all claims arising from the ongoing business relationship have been settled in full. Pledging or assigning the goods as security is not permitted before title has passed.

b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims arising from the resale up to the amount of the invoice; we accept this assignment. You remain authorized to collect the receivables.

c) In the event of combination or mixing of the goods subject to retention of title, we acquire co-ownership of the new item in proportion to the invoice value of the goods subject to retention of title to the other processed items.

d) We undertake to release the securities to which we are entitled at your request, insofar as the realizable value of our securities exceeds the secured claim by more than 10 %.

§ 4 Material defects and warranty

(1) The statutory warranty rights apply. The quality of the purchased item is governed by Sections 434 et seq. of the German Civil Code (BGB) as amended and in force from 1 January 2022. Goods are free from defects if they meet both the subjective requirements (contractual agreement) and the objective requirements (customary quality and suitability for the ordinary purpose).

(2) For used goods, the following applies: The limitation period for claims based on defects is one year from delivery of the goods, deviating from the statutory provisions. If a defect appears within this year, it can be asserted within the warranty period. This reduction does not apply:

• for damages caused by negligence resulting in injury to life, body or health, as well as for other damages caused intentionally or by gross negligence;
• insofar as we have fraudulently concealed a defect or assumed a guarantee for the quality of the item.

(3) Goods with digital elements: If the goods contain digital elements (e.g., software, apps, operating software), we are obligated to provide updates during the relevant provision period (§ 475b BGB) that are necessary to maintain the goods' conformity with the contract. If the consumer does not install a provided update, our liability for defects attributable to the lack of the update is excluded, provided that we have informed the consumer about the update and the consequences of failing to install it.

(4) As a consumer, you are requested to inspect the goods immediately upon delivery for completeness, obvious defects, and transport damage, and to notify us and the transport company of any complaints as soon as possible. Failure to do so will not affect your statutory warranty rights.

(5) The following applies differently to entrepreneurs:

a) Only our own specifications and the manufacturer's product description shall be considered as agreed quality; other advertising, public statements and pronouncements by the manufacturer shall be disregarded.

b) We provide a warranty by repair or replacement at our discretion. If the defect cannot be remedied after the second attempt, you may, at your option, demand a price reduction or withdraw from the contract.

c) The warranty period is one year from delivery of the goods. This reduction does not apply to damages resulting from injury to life, body, or health caused by negligence, or to other damages caused intentionally or by gross negligence, as well as to fraudulent concealment of defects or in the case of a guarantee.

§ 5 Limitation of liability

(1) The customer's claims for damages are excluded unless otherwise provided in the following provisions. This exclusion of liability does not apply if the damage is caused by intent or gross negligence.

(2) Insofar as contractual liability for negligence is established in principle, it shall be limited to damages that were foreseeable as a typical consequence.

(3) The foregoing limitations of liability shall not apply in the case of injury to life, body or health, for a defect after assumption of a guarantee for the quality of the goods and in the case of fraudulently concealed defects.

§ 6 Choice of law

(1) German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law applies only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which they have their habitual residence (principle of most favorable law).

(2) The place of jurisdiction for disputes with entrepreneurs is Berlin.

1. Seller's identity

2. Alternative Dispute Resolution

We are neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board. In case of disputes, consumers can contact the General Consumer Arbitration Board of the Center for Arbitration e. V.:

3. Contract language and contract text storage

3.1 The contract language is German.

3.2 We do not store the complete contract text. Before submitting your order, you can print or save the contract details electronically using your browser's print function. After receiving your order, we will send you the order details, the legally required information, and these Terms and Conditions again by email.

3.3 For individual quote requests outside the shopping cart system, you will receive all contract details in the form of a binding offer in text form (e.g. by email).

4. Essential characteristics of the goods

The essential characteristics of the goods can be found in the respective product offer on our website.

5. Prices and payment terms

5.1 The prices and shipping costs quoted are total prices and include all price components, including statutory VAT.

5.2 Any shipping costs incurred are not included in the purchase price and will be shown separately during the ordering process.

5.3 You are responsible for the costs of money transfer (e.g. exchange rate fees) in cases where delivery is made to an EU member state, but payment is initiated outside the European Union.

5.4 The available payment methods are listed on our website.

5.5 Unless otherwise stated for the individual payment methods, payment claims arising from the concluded contract are due immediately.

6. Delivery terms

6.1 Delivery terms, delivery date and any delivery restrictions are specified in the respective product offer on our website.

6.2 For consumers: The risk of accidental loss or damage to the goods passes to the consumer only upon physical delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not designated by us.

6.3 For entrepreneurs: Delivery and dispatch are at your own risk.

7. Right of withdrawal

8. Statutory warranty rights

Liability for defects is governed by the provisions in § 4 of these terms and conditions as well as by the statutory regulations.

Last updated: March 2026 | These terms and conditions were drafted based on current legal requirements. They do not replace individual legal advice.