1. Scope
These Shipping and Delivery Conditions supplement the General Terms and Conditions of GO Pro Icon EMS GmbH. They apply to all deliveries of products, accessories, spare parts, and other physical goods, unless otherwise agreed in individual cases.
2. Delivery Areas
2.1 Deliveries are generally made to the delivery addresses specified in the order confirmation or offer.
2.2 The Seller is entitled to restrict certain delivery areas, destination countries, or shipping methods, in particular for legal, logistical, customs, safety-related, or product-specific reasons.
2.3 For cross-border deliveries, additional import duties, taxes, customs, fees, permits, or official requirements may arise, which – unless expressly agreed otherwise – shall be borne or fulfilled by the customer.
3. Shipping Methods and Delivery
3.1 The shipping method is selected based on availability, product type, destination, safety requirements, and economic efficiency. Special shipping requests from the customer are taken into account – to the extent feasible – and any additional costs incurred shall be borne by the customer.
3.2 Delivery is carried out by parcel services, freight forwarders, courier services, or other suitable logistics partners. For bulky, heavy, technical, or particularly sensitive products, special delivery, pallet delivery, scheduled delivery, or forwarding agent handling may be required.
3.3 Delivery is generally made "to the curb," unless a different delivery or assembly service has been expressly agreed.
4. Delivery Times
4.1 Specified delivery times are – unless expressly confirmed as binding – non-binding estimates.
4.2 The delivery period generally does not begin before:
- full clarification of all technical and commercial details,
- receipt of agreed down payments or securities,
- availability of required cooperation actions by the customer,
- and – if necessary – granting of official approvals, export or import licenses.
4.3 Delivery delays due to force majeure, supply chain disruptions, customs delays, transport problems, capacity constraints, official measures, or comparable circumstances not attributable to the Seller shall lead to a reasonable extension of the delivery period.
5. Shipping Costs
5.1 Shipping, packaging, transport, and delivery costs are communicated to the customer separately before the contract is concluded or in the offer, to the extent they are fixed in the specific case.
5.2 If additional costs arise due to island delivery, express delivery, scheduled delivery, special packaging, dangerous goods requirements, multiple delivery, failed acceptance, incorrect address details, or special access conditions, these may be charged separately, to the extent they were caused by or attributable to the customer.
6. Acceptance and Cooperation Obligations of the Customer
6.1 The customer must ensure that delivery to the specified address is possible at the agreed or announced time, and that any access, loading, installation, power, or safety requirements are met.
6.2 The customer is obliged to inspect the delivery upon receipt for externally visible transport damage, completeness, and identity, and to note any visible damage – if possible – directly with the carrier and inform us immediately.
6.3 If delivery cannot be carried out for reasons attributable to the customer, the Seller may charge any resulting additional costs (e.g., return transport, temporary storage, re-delivery) separately.
7. Transfer of Risk
7.1 For consumers, the risk of loss or damage to the goods passes only upon delivery to the consumer or to a third party designated by them other than the carrier.
7.2 For entrepreneurs, the risk passes in accordance with the B2B GTC, generally upon delivery to the carrier or upon readiness for shipment.
8. Partial Deliveries
Partial deliveries are permissible to the extent they are reasonable for the customer. Each partial delivery may be invoiced separately, to the extent this is objectively justified.
9. Delivery Obstacles and Self-Supply Reservation
9.1 If the Seller is unable to deliver due to non-delivery or incorrect delivery by upstream suppliers despite having concluded covering transactions in good time, the Seller is entitled to withdraw from the contract in whole or in part, provided the non-availability is not attributable to the Seller and the customer is informed immediately.
9.2 In such a case, any counter-performance already received will be reimbursed immediately, to the extent no statutory or contractual counter-performance obligation continues.
10. Retention of Title and Acceptance Default
Until full payment, the goods remain the property of the Seller. If the customer is in default of acceptance, the Seller is entitled, without prejudice to further rights, to charge storage costs, handling costs, and other necessary expenses in a reasonable amount.
11. Assembly, Commissioning, and Technical Additional Services
Assembly, installation, commissioning, calibration, instruction, training, software configuration, or other additional services are only part of the scope of delivery if expressly agreed in writing. The customer must provide the necessary cooperation, access, and technical prerequisites in a timely manner.