General Website Terms and Conditions

 

1. Scope

 

This website is owned and operated by Geske Beauty Tech Inc.  Throughout the site, the terms “we”, “us” and “our” refer to Geske Beauty Tech Inc. Geske Beauty Tech Inc. offers this website and Online Shop, including all information, products for sale, tools and services available from this site to you (the “Services”), the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

 

By visiting our site and/ or purchasing something from us, you agree to be bound by the following terms and conditions (“Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

 

By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

 

Any new features or tools which are added to the current store shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

 

These Terms also apply to businesses for future commercial relations without the need for any formal expression thereof. Unless expressly approved by us to the contrary, we will not accept the contractual validity of any conflicting or complementary general terms and conditions used by any business.

 

Your submission of personal information through the online webstore is governed by our Privacy Policy.

 

2. Contractual Party, Formation of Contract, Options for Corrections

 

The contract is between you and Geske Beauty Tech Inc.

 

By agreeing to these Terms, you represent that you are at least the age of majority in your state or territory of residence and you have given us your consent to allow any of your minor dependents to use this site, the Service, or to purchase the Goods.

 

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

 

You must not transmit any worms or viruses or any code of a destructive nature.

 

A breach or violation of any of the Terms will result in an immediate termination of Services we may provide to you.

 

By placing the products in the online shop, we make a non-binding offer to enter into a contract regarding those items. You may place our products in the shopping basket without obligation and change your entries at any time prior to submitting your binding order by using the correction facilities that are provided for this purpose and explained during the ordering process. You agree to the contract terms by clicking on the “Order” button which indicates your acceptance of our Terms for the goods you add to the shopping basket ("Goods") and these Terms. Once you have sent your order you will promptly receive a confirmation via e-mail to the email address you provided during the ordering process.

 

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to, refuse or cancel, an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

 

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

 

Prices for our products are subject to change without notice.

 

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

 

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service before, while, or after, we process your order.

 

4. Delivery Charges; Taxes

 

Delivery costs for the Goods are added to the product prices as displayed. Delivery charges are explained within individual product offers.  We only offer the Goods via shipping – pickup by the customer is not available.

 

Depending on the state of your residence, or the address where you are shipping the Goods, we may be required by your state’s laws to collected state or local sales taxes on the Goods.  These required taxes will be added to the cost of the Goods upon checkout, if applicable.  Most states use the shipping address as the basis for sales tax, not the billing address provided for the method of payment.

 

5. Payment

 

The following payment methods are available to pay for Goods in our online shop.

 

Credit Card You can provide your credit card details during the ordering process. Your card will be charged immediately after you've placed your order.

 

PayPal To pay the invoice amount using PayPal, you must be registered with PayPal, authenticate with your access data, and confirm the payment instruction. The payment transaction will be processed by PayPal immediately after placing your order. You'll receive additional instructions during the ordering process.

 

Apple Pay To use Apple Pay, ensure your device is compatible and set up with Apple Pay. During the checkout process, select Apple Pay as your payment method. Authenticate your purchase using Face ID, Touch ID, or your device passcode. Your payment will be processed immediately after confirmation.

 

Google Pay For using Google Pay, you must have set up Google Pay on your device. During the checkout process, choose Google Pay as your payment method. Authenticate the purchase using the method you've set up for Google Pay. The payment will be processed instantly after your confirmation.

 

With regard to the above listed providers, these are third-party providers which we neither monitor nor have any control nor input.

 

You acknowledge and agree that we provide access to such providers ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We disclaim any liability whatsoever arising from or relating to your use of these optional third-party payment providers.

 

Any use by you of these optional payment providers offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which payments services are provided by these third-party provider(s).

 

We may in the future offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also and always be subject to these Terms.

 

 

6. Damage During Delivery; Returns

 

Damage

Applicable to Consumers: If the goods are delivered with obvious damage caused during delivery, please report the damage to the carrier and notify us immediately with as much information and documentation as possible. Failure to make a complaint or to make contact does not in any way affect your legal rights or the enforcement of such rights, notably your warranty rights. However, by informing us of any issues and/or damage you help us to assert our own claims against the carrier or transport insurer.

 

Applicable to Businesses: The risks of accidental loss or deterioration of the goods will transfer to you once we have submitted the item to the shipper, carrier, or other contractor for forwarding to the consumer at the address provided.

 

Products; Returns

 

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

 

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

 

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis and in our sole discretion and judgment. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

 

We do not guarantee that the quality of the Goods, or any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

You can contact our support team at info@geske.com to process a return of defective Goods or their exchange within 30 days of ordering.

 

Refunds will be offered once the original item is returned to us. Exchanges may be offered one time within the same product category, as an exchange only; however, we reserve the right to not offer a refund or exchange at our discretion, except for defective Goods and except as required by the applicable law.

 

Please contact us with your order number to get the process started.

 

 

7.            LIMITED WARRANTY

 

a.            Information in the Online Shop

 

Unless expressly indicated otherwise, we are not the manufacturer of the products sold in our Online Shop. Actual product packaging and materials may contain more and different information to that displayed in the Online Shop. Ingredients may also change. All information about the products in the Online Shop is provided for information purposes only, and WE MAKE NO WARRANTIES OR REPRESENTATIONS AS TO THE ONLINE SHOP'S ACCURACY. We recommend that you do not rely solely on the information presented in the Online Shop. Please always read labels, warnings and directions provided with the product before use.

 

For healthcare products, in the event of any safety concerns or for any other information about a product, please carefully read the information provided with the product or contact the manufacturer. Content in the Online Shop is not intended to substitute for advice given by a medical practitioner, pharmacist or other licensed healthcare professional. Contact your healthcare provider immediately if you suspect that you have a medical problem. Information and statements about products are not intended to be used to diagnose, treat, cure or prevent any disease or health condition.

 

TO THE FULLEST EXTENT PERMITTED BY LAW, WE ACCEPT NO LIABILITY AND RESPONSIBILITY FOR INACCURACIES OR MISSTATEMENTS ABOUT PRODUCTS BY MANUFACTURERS OR OTHER THIRD PARTIES.

 

Notwithstanding the foregoing, nothing in this section limits your rights and remedies under any law.

 

b.            Quality Assurance

 

GESKE ships products in the condition they were received from the original manufacturer or distributor. GESKE does not conduct product testing before shipping any specific merchandise. GESKE‘s quality assurance is limited to spot checking and spot testing products, only to verify that the products match the manufacturer‘s or distributor‘s representations to GESKE.

 

c.            Technical Support

 

GESKE does not offer any sort of technical assistance. We cannot offer advice on compatibility of products, make product recommendations, or provide technical support or sales advice. We publish all of the information we receive from the manufacturer or distributor for your convenience. WE DO NOT WARRANT THE COMPLETENESS OF SUCH INFORMATION OR THAT IT IS ACCURATE AT THE TIME PRODUCT IS SHIPPED. Please contact the manufacturer directly for accurate answers to your technical questions or for additional information or specifications that we have not published.

 

d.            Product Warranties

 

WE PROVIDE A LIMITED WARRANTY FOR THE SERVICE PROVIDED WITH AND IN THE ONLINE SHOP BUT WE DO NOT WARRANT ANY PRODUCTS IN THE ONLINE SHOP. PRODUCT WARRANTIES FOR ANY PRODUCTS YOU PURCHASE FROM THIS ONLINE SHOP ARE LIMITED TO THE WARRANTIES PROVIDED BY THE MANUFACTURER OR DISTRIBUTOR OF THE PRODUCT, WHICHEVER ARE MORE ADVANTAGEOUS FOR YOU.

 

IN ADDITION, GESKE WILL SATISFY ONLY ANY MINIMUM WARRANTY OBLIGATION UNDER APPLICABLE LAW FOR PRODUCTS AND OUR SERVICE, SUBJECT TO OUR DISCLAIMER—TO THE EXTENT PERMITTED UNDER APPLICABLE LAW--OF ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

 

THE PRODUCTS DISPLAYED IN THE ONLINE SHOP MAY BE COVERED BY MANUFACTURERS‘ WARRANTY, SERVICE, AND SUPPORT POLICIES (IF ANY). THESE WARRANTIES, SERVICES, AND SUPPORT POLICIES ARE PROVIDED BY THIRD-PARTY COMPANIES AND HAVE THEIR OWN SET OF TERMS AND CONDITIONS. WE SHALL NOT BE RESPONSIBLE FOR ANY TERM, GUARANTEE, REPRESENTATION, OR WARRANTY GIVEN BY SUCH MANUFACTURER. WE ASSIGN AND PASS THROUGH TO YOU ANY WARRANTY OF THE MANUFACTURER, AND YOU ACKNOWLEDGE THAT YOU SHALL HAVE RECOURSE ONLY UNDER SUCH WARRANTIES AND ONLY AS AGAINST THE MANUFACTURER OF THE PRODUCTS.

 

WE MAKE NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE PRODUCT EXCEPT THOSE STATED IN THESE TERMS AND CONDITIONS.

 

TO THE FULLEST EXTENT PERMITTED BY LAW, ALL ITEMS SOLD THROUGH THE ONLINE SHOP ARE SOLD “AS-IS” OR “WITH ALL FAULTS.” THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THESE ITEMS IS WITH THE BUYER. SHOULD ANY OF THESE ITEMS PROVE DEFECTIVE, DO NOT FUNCTION, OR FUNCTION IMPROPERLY IN ANY WAY FOLLOWING THEIR PURCHASE, THE BUYER, AND NOT THE MANUFACTURER, DISTRIBUTOR, OR WE, ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR.

 

EXCEPT FOR THOSE WARRANTIES, CONDITIONS, REPRESENTATIONS, GUARANTEES, AND TERMS THAT MAY NOT BE LEGALLY EXCLUDED, WE DISCLAIMS ALL OTHER WARRANTIES, CONDITIONS, REPRESENTATIONS, GUARANTEES, AND TERMS, AS TO ANY SUCH PRODUCT, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW, TRADE USAGE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR OTHERWISE, TO THE FULLEST EXTENT PERMITTED BY LAW.

 

NOTWITHSTANDING THE FOREGOING, NOTHING IN THESE TERMS AND CONDITIONS IS INTENDED TO EXCLUDE, RESTRICT, OR MODIFY ANY NON-EXCLUDABLE RIGHT OR REMEDY YOU HAVE UNDER ANY LAW TO NON-COMMERCIAL CONSUMERS. ANY DISCLAIMER, EXCLUSION, OR LIMITATION AS PROVIDED FOR IN THESE TERMS APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW AND SUBJECT TO ANY NON-EXCLUDABLE RIGHT OR REMEDY.

 

e.            Online Shop Warranty

 

Our Online Shop may be temporarily unavailable from time to time for maintenance or other reasons but we strive to announce scheduled maintenance interruptions. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, your use of the Online Shop or any content or communications you generate. We are not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, or software on account of technical problems or traffic congestion on the Internet or at any site or with respect to the Online Shop or combination thereof, including injury or damage to your or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from creating, using or downloading content in connection with the internet in general and/or in connection with the website. Under no circumstances will we be responsible for any loss or damage, including any loss or damage to any of your content or personal injury or death, resulting from anyone's use of the Online Shop or anything posted on or through the Online Shop or transmitted to or by you. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE ONLINE SHOP. THSE ONLINE SHOP AND ITS CONTENT ARE PROVIDED "AS-IS". WE, GESKE, DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM YOUR USE OF THE ONLINE SHOP. WE DO NOT REPRESENT OR WARRANT THAT CONTENT OR MATERIALS IN OR ON THE ONLINE SHOP OR LINKED EXTERNAL SITES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE ONLINE SHOP OR ANY OF THE SERVERS AND PROVIDERS‘ SERVICES USED TO OPERATE THE ONLINE SHOP SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, DATA OR OTHER MATERIAL FROM OR THROUGH THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT. For the avoidance of doubt, we do not disclaim warranties for our own intentional breach of duty. THIS WARRANTY DISCLAIMER DOES NOT AFFECT THE LIMITATION OF LIABILITY STATED BELOW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, THE FORGOING DISCLAIMER MAY, IN WHOLE OR IN PART, NOT APPLY TO YOU.

 

WE DO NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM OUR ONLINE SHOP OR NETWORK AND OTHER PORTIONS OF THE INTERNET, WIRELESS NETWORKS, OR OTHER THIRD-PARTY NETWORKS. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF THE INTERNET AND WIRELESS SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES MAY IMPAIR OR DISRUPT YOUR CONNECTIONS TO THE INTERNET, WIRELESS SERVICES, OR PORTIONS THEREOF. WE CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, WE DISCLAIM ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO THIRD-PARTY ACTIONS OR INACTIONS THAT IMPAIR OR DISRUPT YOUR CONNECTIONS TO THE INTERNET, WIRELESS SERVICES, OR PORTIONS THEREOF OR THE USE OF THE SERVICES RELATED TO THE ONLINE SHOP.

 

f.             Warranty Details and Defect Reports

 

Consumers will find information on any additional warranties, if provided by third parties,  and their precise conditions with the product and on specific information pages in the Online Shop, if applicable. Upon receipt of a defective product from us, or upon the discovery of a defect after receipt of such product, you are required to report defects promptly upon their discovery at info@geske.com Reports must include the following details:

 

Name

Address

Shipper

Order Number

Product Number or detailed description

Date of Purchase

Date of Delivery

Description of Defect

Date of Discovery of Defect

 

In addition, you are required to follow the instructions that any warranty from a manufacturer or distributor includes with the product you purchased.

 

g.            Return of Defective Item

 

When you exercise your warranty rights and we deem it necessary to examine a reported defect, you are required to ship the defective product to the address we will provide for this purpose. We are committed to respond to any complaint promptly, but no later than within 14 business days of the later of the receipt of your report or the defective product.

 

h.            Customer Service

 

 You may contact our customer service team for questions and complaints on weekdays from 9:00 a.m. to 5:00 p.m. CET by phone +13057142180 or by e-mail at service info@geske.com

 

 

8.            Limitation of Liability

 

NOTHING IN THESE TERMS AND CONDITIONS LIMITS OR EXCLUDES OUR LIABILITY TO THE EXTENT THAT IT CANNOT BE LEGALLY LIMITED OR EXCLUDED BY APPLICABLE LAW.

 

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS AND CONDITIONS AND TO THE FULLEST EXTENT PERMITTED BY LAW, OUR LIABILITY  AND THAT OF OUR AFFILIATES, PARTNERS, MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AGGREGATE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE ACT, OMISSION OR PRODUCT CAUSING THE LIABILITY PURCHASED THROUGH THE ONLINE SHOP. IN NO EVENT WILL WE OR OUR AFFILIATES, PARTNERS, MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE ONLINE SHOP OR PRODUCT PURCHASED IN THE ONLINE SHOP, OR ANY OF THE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE ONLINE SHOP, EVEN IF WE OR OUR AFFILIATES, PARTNERS, MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS ARE AWARE OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE AND AGREE THAT IF NO FEES ARE PAID TO US FOR YOUR USE OF THE ONLINE SHOP, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM US, IN ALL CIRCUMSTANCES GESKE GmbH’S MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS SOLD TO WHICH YOUR CLAIM RELATES. REGARDLESS OF THE CAUSE OF ACTION. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

 

 

9.            Prices, Taxes, Shipping and Customs Duties

 

The prices stated in the Online Shop do not include sales tax and shipping costs which will be added during the checkout process. If your purchases involve shipping to the United States of America, customs duties may be applied which you will pay on delivery.

 

 

10.         Availability and Changes

 

All prices in our Online Shop are displayed in the currency of the country you have selected when accessing the website.

 

All pricing is subject to change without notice before we receive your offer of purchase, and we reserve the right to adjust prices and conditions due to changing market conditions, product discontinuation, manufacturer price changes and other circumstances.

 

A product in our catalogue may be mispriced. We will verify pricing when processing your order and before we process payment. IF WE HAVE MADE A MISTAKE AND A PRODUCT’S CORRECT PRICE IS HIGHER THAN THE PRICE DISPLAYED IN THE ONLINE SHOP, WE MAY EITHER CONTACT YOU BEFORE SHIPPING TO ASK WHETHER YOU WANT TO BUY THE PRODUCT AT THE CORRECT PRICE OR CANCEL YOUR ORDER. If a product’s correct price is lower than the stated price in the Online Shop, we will process your order at the lower amount.

 

We reserve the right to limit the number of products available for purchase. At our sole discretion, at any time, for any reason, we may change the quantities available for purchase.

 

We list availability information for products sold by us in the Online Shop, including on each product information page, if a product is available in limited quantity. Beyond what we say on that page or otherwise in the Online Shop, we cannot be more specific about availability. As we process your order, we will inform you by email if any product you order should be unavailable. In our sole discretion, at any time, we reserve the right to refuse or cancel any order for a product that is unavailable. If we cancel an order after payment processing is completed for your purchase, we will issue a credit in the amount of the charge.

 

 

11.         Product Changes

 

We depend on accurate and current product information from manufacturers and distributors. WE ARE NOT RESPONSIBLE FOR CHANGES OR VARIATIONS IN PRODUCT SPECIFICATIONS AND/OR PHYSICAL APPEARANCE. We make commercially reasonable efforts to ensure that all product information is up-to-date and accurate. However, changes by manufacturers or distributors could cause the information in the Online Shop to become outdated without our immediate knowledge. This includes but is not limited to new versions or revisions, color deviations, retail package alterations and other variations that may be considered inconsequential by the manufacturer or distributor. We rely entirely on these parties to communicate such changes but have no way of alerting customers prior to purchase in the event these parties fail to do so. Therefore, YOU WILL NOT HOLD GESKE RESPONSIBLE FOR PRODUCT CHANGES. In the event that the product change should constitute a material alteration that is not a betterment, please contact GESKE’s customer service at info@geske.com and we will reasonably attempt to resolve the matter to your satisfaction.

 

 

12.         Intellectual property

 

Content displayed in the Online Shop, such as intellectual property works, text, graphics, logos, images, videos, digital downloads, data, software, any other material, and their design selection and arrangement is owned or licensed property of GESKE GmbH, its suppliers, licensors, or other providers of such material. Such content is protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. We and our suppliers and licensors expressly reserve all intellectual property rights in all content.

 

These Terms and Conditions authorize you to use the Online Shop only for your personal, non-commercial use.

 

The GESKE name, logo, service name, design, and slogans are trademarks of GESKE. You may not use such trademarks without our prior written permission. All other names, logos, product and service names, designs and slogans that appear in the Online Shop are the licensed by their respective owners to GESKE GmbH, not to you.

 

 

13.  Termination

 

The obligations and liabilities of you and us as the parties to these Terms incurred prior to the termination date shall survive the termination of these Terms for all purposes.

 

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or automatically by ceasing your use of our website. In either case, we will remain obligated to ship Goods you ordered and we confirmed, and you will remain obligated to payment therefor.

 

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or we may deny you access to our Services (or any part thereof).

 

14. Indemnification

 

You agree to indemnify, defend and hold harmless GESKE GmbH and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or additional terms  they may incorporate by reference, or your violation of any law or the rights of a third-party.

 

15. Entire Agreement

 

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

 

These Terms and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us. They govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).

 

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

 

 

16.  Changes to Terms and/or Goods

 

You can review the most current version of the Terms at any time on this page.

 

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms constitutes acceptance of those changes.

 

17.  Contact Information

 

Questions about these Terms should be sent to us at info@geske.com.