1. Scope
The following Terms and Conditions (Terms) apply to all orders placed via our online shop.
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 cannot accept the contractual validity of any conflicting or complementary general terms and conditions used by any business.
2. Contractual partner, formation of contract, options for corrections
The contract is concluded with GESKE GmbH.
By placing the products in the online shop, we make a binding offer on our part to enter into a contract regarding those items. You may place our products in the shopping basket without obligation and amend 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. The contract is formed by clicking on the order button which indicates your acceptance of our offer concerning the goods contained in the shopping basket. Once you have sent your order you will immediately receive a confirmation via e-mail.
3. Contract language, saving of the contract text
The language(s) available for concluding the contract: German, English, French, Dutch, Spanish, Italian, Polish
We save the text of the contract and forward the order data and our Terms and Conditions to you on a durable medium. You may also view the text of the contract in our customer login area.
4. Delivery conditions
Delivery costs are added to the product prices as displayed. Delivery charges are explained within individual product offers.
We only dispatch goods en route; pick up by the customer is not possible.
5. Payment
The following payment methods are basically available in our online shop.
Credit Card
You provide your credit card details during the ordering process. Your card will be charged immediately after placing your order.
PayPal, PayPal Express
In order to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, legitimise yourself with your access data and confirm the payment instruction. The payment transaction will be processed by PayPal after placing the order. You will receive further instructions during the ordering process.
PayPal may offer registered PayPal customers further payment modalities in the customer account selected according to its own criteria. However, we have no influence on the offering of these modalities; further individually offered payment modalities affect your legal relationship with PayPal. You can find more information on this in your PayPal account.
SOFORT by Klarna
In order to pay the invoice amount via the payment service provider Sofort GmbH, Theresienhöhe 12, 80339 Munich, Germany, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment instruction. Your account will be charged immediately after placing the order. You will receive further instructions in the ordering process.
giropay
In cooperation with the payment service provider paydirekt GmbH, Stephanstr. 14-16, 60313 Frankfurt a. M ("giropay") we offer the payment methods giropay.
In order to pay the invoice amount via giropay, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment instruction. Your account will be debited immediately after placing the order. You will receive further instructions in the ordering process.
Giropay may offer registered giropay customers further payment modalities in the customer account selected according to its own criteria. However, we have no influence on the offering of these modalities; further individually offered payment modalities affect your legal relationship with giropay. You can find more information on this in your giropay account.
Amazon Pay
In order to pay the invoice amount via the payment service provider Amazon Payments Europe S.C.A. 38 avenue J.F. Kennedy, L-1855 Luxembourg ("Amazon"), you must be registered with Amazon, legitimise yourself with your access data and confirm the payment instruction. The payment transaction will be processed within one banking day after the order is placed. A banking day is any working day except Saturdays, national public holidays and 24th and 31st December each year. You will receive further information in the ordering process.
Klarna
In cooperation with the payment service provider Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Sweden ("Klarna") we offer you the following payment options. Payment via Klarna is only available to consumers. Unless otherwise specified below, payment via Klarna requires a successful address and credit check and is made directly to Klarna. Further information is provided with the respective payment option and in the ordering process.
Purchase on account via Klarna
The invoice amount is due 14 days after shipping the goods and receipt of the invoice.
Financing via Klarna
You can pay the invoice amount in monthly instalments of at least 1/24 of the total amount. The amount of the minimum instalment is 6.95 euros.
Direct debiting via Klarna PayNow
You grant Klarna a SEPA direct debit mandate. Klarna will inform you about the date of charging your account (so-called prenotification). The account will be charged after the goods have been sent out.
Credit card via Klarna PayNow
You enter your credit card details in the ordering process. Your card will be charged by Klarna immediately after placing the order. An address and credit check does not take place.
Mollie (Mollie B.V.)
Keizersgracht 126, 1015CW Amsterdam, Niederlande
6. Right to Cancel
Consumers are entitled to the statutory right to cancel, as described in the instructions on the right to cancel. Businesses are not granted any voluntary right to cancel.
7. Retention of Title
The goods shall remain our property until full payment is made.
For businesses, the following applies additionally: We reserve ownership of the goods until complete settlement of all claims arising from a current business relationship. You may resell reserved goods in ordinary business operations; you shall assign any claims arising from this resale – irrespective of connecting or mixing of the reserved goods with a new item - in the amount of the invoice amount to us in advance, and we accept this assignment. You remain authorised to collect the claims; however, we may likewise collect the claims ourselves, should you fail to fulfil your payment obligations. We shall release the securities to which we are entitled at your request to the extent that the realisable value of the securities exceeds the value of the open claims by more than 10%.
8. Damage During Delivery
For consumers, the following applies: If the goods are delivered with obvious damage caused during delivery, please report the defect to the carrier and notify us without delay. 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, in doing so 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 haulier, carrier or other contractor for forwarding to the defined person or establishment.
9. Warranty and Guarantees
9.1 Liability for Defects
We are under a legal duty to supply products that are in conformity with this contract. Unless expressly agreed otherwise below, the statutory guarantee provisions (liability for defects) shall apply. With respect to consumers, the statutory guarantee provisions of the country of their respective habitual residence shall apply.
Information on any additional voluntary guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.
Complaints and Return of Goods
Given in the supplier identification.
When you exercise your warranty rights and we deem it necessary to receive the goods back in order to examine your complaint, you must send back the goods at our cost to the address provided for this purpose. We are committed to responding to any complaint immediately, but no later than within 14 days of its submission.
9.2 Guarantees and Customer Service
Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.
Customer service: In the period 09:00 AM - 03:00 PM
10. Liability
We shall, in any case, be liable without limitation for claims due to damages that have been caused by us, our legal representatives, or legal agents:
- for injury to life, limb, or health
- for deliberate or grossly negligent breach of duty
- for guarantee commitments, where agreed
- towards the consumer.
Except for these cases, our civil law liability is limited to the foreseeable and direct damages at the time of contract conclusion.
11. Online Dispute Resolution
The European Commission provides a platform for online dispute resolutions (ODR) which can be accessed at https://ec.europa.eu/consumers/odr/. In order to settle disputes arising from a contractual relationship with a consumer or from whether such a contractual relationship exists at all, we will participate in dispute settlement proceedings before a consumer dispute resolution body. Consumers can contact their national European Consumer Centre in this regard. The respective contact details of the individual ECCs can be found at https://www.evz.de/en/alternative-dispute- resolution/adr-in-europe/. The competent body in this matter is: Universalschlichtungsstelle des Bundes am Zentrum für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, Germany, www.verbraucher-schlichter.de.
12. Final Provisions
AGB erstellt mit dem Trusted Shops Rechtstexter