1. Scope of Application

(1) These General Terms and Conditions of Sale (hereinafter referred to as "GTC") apply to all contracts concluded via our online shop between us, Genesis Import GmbH [represented by Dror Harel and Johnatan Harel, Gewerbering-Süd 8, 97359 Schwarzach am Main, Germany, +49-9324-671190, info@genesis-import.de] (hereinafter referred to as "Seller" or "we") and you as our customer (hereinafter referred to as "Customer" or "you"). These GTC apply regardless of whether you are a consumer, business entity or merchant. The version valid at the time of contract conclusion shall be authoritative. (2) Deviating terms and conditions of the customer shall not apply, even if we do not expressly object to their inclusion. (3) The customer is deemed a consumer insofar as the purpose of the ordered deliveries and services cannot be attributed predominantly to their commercial or self-employed professional activity. Conversely, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or self-employed professional activity.

2. CONTRACTING PARTY, CONCLUSION OF CONTRACT, CONTRACT LANGUAGE, CORRECTION OPTIONS

(1) The presentation and promotion of items in our online shop do not constitute a binding offer to conclude a purchase contract.
(2) You may select products, particularly those related to outdoor and off-road equipment, from our range and collect them in a virtual shopping cart using the "Add to cart" button. By clicking the "Order with obligation to pay" button, you submit a binding offer to purchase the goods in the cart. Prior to submitting the order, you may review and modify your entries at any time. However, the offer can only be submitted and transmitted if you accept these contractual terms by clicking the "Accept GTC" button, thereby incorporating them into your offer.
(3) We will then send you an automatic confirmation of receipt by email, in which your order is listed again and which you can print out using the "Print" function. The automatic confirmation of receipt merely documents that we have received your order and does not constitute acceptance of your offer. The contract is only concluded upon our declaration of acceptance, which is sent in a separate email (order confirmation). In this email or in a separate one, but no later than upon delivery of the goods, we will send you the contract text (consisting of the order, GTC, and order confirmation) on a durable medium (email or paper printout) (contract confirmation). The contract text is stored in compliance with data protection laws.
(4) The contract shall be concluded in either German or English.
(5) The respective product description forms an essential component of the contract.

3. DELIVERY CONDITIONS

(1) We are entitled to make partial deliveries where reasonable for you.
(2) Delivery times stated by us are calculated from the time of our order confirmation, provided that payment has been made in advance (except for purchases on account).
(3) If the product selected by you is not available at the time of your order, we will inform you immediately in the order confirmation. If the product is permanently unavailable, we will not issue a declaration of acceptance. In this case, no contract will be concluded.
(4) If the product is only temporarily unavailable, we will inform you of this as well in the order confirmation.
(5) We ship the products to the delivery address specified during the order process.
(6) You may also choose to collect the goods from Genesis Import GmbH, Gewerbering Süd 8, 97359 Schwarzach am Main, Germany, during the following business hours: Mon-Fri 10:00 AM - 2:00 PM.
(7) We do not deliver to parcel stations. (8) Delivery by freight carrier: Appointment scheduling: For deliveries by freight carrier, the freight company commissioned by us will contact you to arrange a delivery date. Delivery location: Delivery consists of transport and unloading of the goods at the first public curbside of the agreed delivery address. Delivery does not include transport into specific premises or assembly and/or installation of the goods, unless expressly agreed otherwise.

4. ASSEMBLY

Provision of assembly services requires an express agreement.
(1) Selection of service provider: We may perform the service ourselves or through qualified personnel selected by us. We expressly reserve the right to use third parties (subcontractors) who act on our behalf. You are only entitled to request a specific individual for the service if expressly stated in the applicable service description. If third parties are employed, we remain fully responsible for fulfilling the contractual obligations. Prior to deployment, we shall verify third parties for reliability, professional qualifications, and capacity to perform the agreed service.
(2) Access to installation site: The product will be delivered to the installation site. You must grant access to the persons assigned for the installation.

5. PRICES, SHIPPING COSTS, PAYMENT

(1) All prices in our online shop are gross prices including statutory VAT and do not include applicable shipping costs.
(2) Shipping costs are indicated in the price information in our online shop. The total price, including VAT and shipping costs, will be displayed in the order form before the order is submitted.
(3) Goods are shipped by postal delivery. If you are a consumer, we bear the shipping risk.
(4) The following payment methods are generally available in our shop:
Credit Card: 
By submitting your order, you provide your credit card details. Upon verification, the payment transaction will be carried out automatically and your card charged.
PayPal: 
You will be redirected to PayPal's website during the order process. To pay the invoice amount via PayPal, you must be registered or register first, authenticate with your login data and confirm the payment instruction. After placing the order, we request PayPal to initiate the payment transaction, which is then automatically processed by PayPal.
Cash on collection: 
You pay the invoice amount in cash upon pickup.
(5) You may update your preferred payment method at any time in your user account.
(6) Payment of the purchase price is due immediately upon conclusion of the contract.
(7) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of payment is determined according to the calendar, you will already be in default by missing the deadline. In this case, you will have to pay us default interest for the year in the amount of 5 percentage points above the base interest rate if you placed the order as a consumer and 9 percentage points above the basic interest rate if you submitted the order as an entrepreneur.
(8) The obligation to pay default interest does not preclude us from claiming further damages due to default.

6. RIGHT OF WITHDRAWAL

Consumers have a statutory right of withdrawal as described in the cancellation policy. No voluntary right of withdrawal is granted to business customers.

Instructions on cancellation

Right to cancel
You have the right to cancel this contract within fourteen days without providing any reason. The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods.
To exercise your right of cancellation, you must inform us – Genesis Import GmbH, represented by Dror Harel and Johnatan Harel, Gewerbering-Süd 8, 97359 Schwarzach am Main, Germany, telephone: +49-9324-671190, email: info@genesis-import.de – by means of a clear statement (e.g. a letter sent by post or an email) of your decision to cancel this contract.
You may use the attached model cancellation form for this purpose, although this is not mandatory. You may also complete and submit the model cancellation form or another clear statement electronically on our website at https://shop.genesis-import.de/en-gb/return-policy. If you make use of this option, we will promptly send you confirmation of the receipt of such cancellation (e.g. by email).
To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right of cancellation before the cancellation period has expired.


Effects of cancellation 
If you cancel this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of any additional costs arising from your choice of a delivery method other than the least expensive standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received notice of your cancellation of this contract.
We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless expressly agreed otherwise with you; in no event will you be charged 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 earlier.
You shall return the goods to us without undue delay and in any event not later than fourteen days from the day on which you communicate your cancellation of this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired.
You will bear the direct costs of returning the goods.
You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

The right of withdrawal does not apply to the following contracts:

• Contracts for the supply of goods that are not prefabricated and for the production of which an individual choice or decision by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
• Contracts for the supply of goods that are liable to deteriorate rapidly or whose expiry date would be quickly exceeded.
• Contracts for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
• Contracts for the supply of goods which, after delivery, are inseparably mixed with other items due to their nature.
• Contracts for the supply of alcoholic beverages, the price of which was agreed upon at the time of the conclusion of the contract, which can, however, be delivered no earlier than 30 days after the conclusion of the contract and whose current value depends on fluctuations in the market which cannot be controlled by the trader.
• Contracts for the supply of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery.
• Contracts for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts.
• Contracts for the supply of goods whose price depends on fluctuations in the financial market that cannot be influenced by the trader and which may occur within the cancellation period.

Model cancellation form (If you wish to withdraw from the contract, please complete this form and return it to us.) To: Genesis Import GmbH – I/we () hereby withdraw from the contract concluded by me/us () for the purchase of the following goods ()/the provision of the following service (). – Ordered on ()/received on () – Name of the consumer(s) – Address of the consumer(s) – Signature of the consumer(s) (only if notification is submitted on paper) – Date (*) Delete as appropriate.

7. RETENTION OF TITLE

The delivered goods remain our property until full payment of the purchase price. For business customers, we additionally retain ownership of the product until all claims arising from an ongoing business relationship have been settled. You may resell goods subject to retention of title in the ordinary course of business; all resulting claims are hereby assigned to us in advance up to the amount of the invoice. We accept this assignment. You remain authorized to collect these claims, but we may also collect them ourselves if you fail to meet your payment obligations. We will release securities upon your request insofar as their realizable value exceeds the value of our outstanding claims by more than 10%.

8. TRANSPORT DAMAGE

For consumers: If goods are delivered with obvious transport damage, please report such defects immediately to the delivery agent and contact us without delay. Failure to make such a report has no consequences for your legal claims, especially your warranty rights, but helps us assert our own claims against the carrier or transport insurer. For business customers: Risk of accidental loss and deterioration passes to you as soon as we have handed over the goods to the carrier, freight forwarder or other person or institution designated to carry out the shipment. Among merchants, the duty of inspection and notification of defects under § 377 of the German Commercial Code (HGB) applies. If you fail to give the notification specified therein, the goods are deemed approved unless the defect was not detectable during inspection. This does not apply if we have fraudulently concealed a defect.

9. WARRANTY AND GUARANTEES

Unless expressly agreed otherwise below, the statutory warranty rights apply.
(1) We are liable for material or legal defects in delivered items in accordance with applicable statutory provisions, especially §§ 434 et seq. of the German Civil Code (BGB). The limitation period for statutory claims for defects is two years, beginning upon delivery. For business customers, the warranty period for goods delivered by us is 12 months.
(2) Any seller guarantees we provide or manufacturer warranties granted by third parties apply in addition to your statutory claims. The scope of such guarantees is detailed in the warranty conditions included with the item, if applicable. Further information on any applicable warranties and their terms can be found with the respective product and on dedicated information pages in our online shop. Customer Service: You can reach our customer service for questions, complaints, and claims on working days from 9:00 AM to 4:00 PM at +49-9324-671190 or via email at info@genesis-import.de.
(3) Without prejudice to your statutory warranty rights, we would like to point out the following: Due to individual screen configurations (e.g., resolution and brightness), minor deviations between the displayed and actual product colors may occur.

10. LIABILITY

(1) Customer claims for damages are excluded. Exceptions apply to claims for damages arising from injury to life, body, or health, or from the breach of essential contractual obligations (cardinal duties), as well as liability for other damages resulting from intentional or grossly negligent breaches of duty by the seller, their legal representatives or agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract.
(2) In the event of breach of essential contractual obligations, the seller is liable only for foreseeable damages typical for the contract if caused by simple negligence, unless the claim is for damages arising from injury to life, body, or health.
(3) The limitations of liability in paragraphs 1 and 2 also apply to the seller's legal representatives and agents if claims are asserted directly against them.
(4) The limitations of liability in paragraphs 1 and 2 do not apply if the seller fraudulently conceals a defect or has given a guarantee for the quality of the item. The same applies if the seller and the customer have agreed on the quality of the item. The provisions of the Product Liability Act remain unaffected.

11. DATA PROTECTION

For detailed information on data protection, especially regarding the scope of processing and your legal rights, please refer to our privacy policy at: https://shop.genesis-import.de/en-gb/datenschutzerklärung.

12. Copyrights

We hold the copyright to all images, films, and texts published in our online shop. Use of these images, films, and texts is not permitted without our express consent.

13. EUROPEAN DISPUTE RESOLUTION

(1) We refer to the EU platform for online dispute resolution in accordance with Article 14 (1) ODR Regulation: The European Commission provides a platform for online dispute resolution, available at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage. Consumers can use this platform to resolve disputes arising from online contracts. 

(2) We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

14. FINAL PROVISIONS

(1) German law shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. If you placed the order as a consumer and your habitual residence at the time of the order is in another country, the application of mandatory legal provisions of that country remains unaffected by this choice of law.
(2) If you are a merchant with your place of business in Germany at the time of ordering, the exclusive place of jurisdiction shall be the seller's place of business. In all other respects, the applicable statutory provisions apply with respect to local and international jurisdiction.
(3) The contract remains binding even if individual provisions are legally invalid. In place of the invalid provisions, the applicable legal regulations apply. If this would constitute an unreasonable hardship for either party, the contract as a whole shall become ineffective.

München, 31.03.2025
Recht 24/7 Schröder Rechtsanwaltsgesellschaft mbH