General Terms & Conditions / Mandatory Consumer Information
§ 1 Basic Provisions
(1) The following General Terms and Conditions (GTC) apply to all business relationships between Genesis Import GmbH, Gewerbering-Süd 10, 97359 Schwarzach am Main, Germany - hereinafter called "Provider" - and its Clients, which are closed on the website of the Provider. Unless specifically otherwise indicated, herewith is the inclusion of the own conditions of the Client is waved.
(2) Consumer according to the following rules shall mean any natural person who enters into a transaction for a purpose which can be attributed neither to his commercial activities nor his work as self-employed person. An entrepreneur means a natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession.
(3) The contract language is German. The contract text will not be stored by the Provider. Before sending off the online order the contract data can be printed out using the print function of the browser, or it can be saved electronically. After receiving the order by the Provider, the order data, the legally required information for distant contracts and the General Terms and Conditions will be sent to the customer again via email.
With requests for quotations, that can be transmitted to the Provider e.g. by telephone, via email, by fax, in writing, or via an enquiry through the website, the customer receives all contract data within the scope of a binding quotation sent by email, which the customer can print out or save electronically.
§ 2 Contractual object
The subject of the contract is the sale of goods. The details, in particular the essential characteristics of the goods can be found in the article description and the additional information on the website of the Provider.
§ 3 Conclusion of the contract
(1) The Provider's product representations on the Internet are non-binding and does not represent a binding offer to conclude a contract.
(2) The Customer can submit a binding purchase offer (order) via the Online shopping cart system.
The goods intended for purchase are stored in the "shopping cart". The customer can access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time. After calling up the page "checkout" and entering the personal data as well as the payment and shipping conditions, all order data will be displayed again on the order overview page.
Before submitting the order, the customer has the option to check all information again, change it (also via the "back" function of the Internet browser) or cancel the purchase.
By submitting the order via the button "order with obligation to pay", the Customer makes a binding offer to the Provider.
The Customer first receives an automatic Email about the receipt of his order, which does not yet lead to the conclusion of the contract.
(3) The acceptance of the offer (and the conclusion of the contract) takes place either by confirmation in text form (e.g. email), in which the Customer order's processing or delivery of the goods is confirmed, or by sending the goods. If the Customer has not received an order confirmation or notice of delivery or no goods within 5 days, he is no longer bound to his order. Any services rendered will be refunded in this case.
(4) Customer requests for the purchase of goods or for individual offer creation outside the online shopping cart system, which are transmitted to the Provider, e.g. by telephone, by Email, by Fax, in writing or via an inquiry form through the internet website, are not binding for the Customer. The Provider submits to the Customer a binding offer in text form (e.g. by Email), which the Customer can accept within 5 days.
(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by Email. The Customer must therefore ensure that the email address he has provided is correct, that the receipt of the emails is technically ensured and, in particular, not prevented by SPAM filters.
§ 4 Prices, Shipping Costs
(1) The prices listed in the respective offers as well as the shipping costs represent final prices. They include all price components including all applicable taxes.
If delivery is made to non-EU countries, further customs duties, taxes or fees may be payable by the Customer, but not to the Provider, but to its competent customs or tax authorities The customer is recommended to ask the customs or tax authorities for the details before ordering.
(2) The arising expenses for shipping are not included in the purchase price. They are on the page "payment and shipping" accessible. They are shown separately in the course of the ordering process and are to be borne additionally by the Customer unless free delivery is agreed.
(3) The customer receives an invoice with VAT.
(4) A refund of VAT to customers from non-EU countries can only be made if this has been agreed in writing, e.g. by email, before the purchase. The minimum invoice amount for refund is € 1,000 gross. The invoice must include a foreign invoice address and a German delivery address. The request for a refund must be made in writing sent via post within 4 weeks from the date of the invoice, accompanied by the original proof of exportation. The fee for processing the refund is 30 Euro plus 10 Euro fee for the international money transfer. Fees will be deducted from the refund amount.
§ 5 Payment and shipping terms
(1) The payment and shipping terms can be found find by clicking on the identically named button in the navigation.
(2) Unless stated otherwise in the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
(3) If, contrary to expectations, a product ordered by the customer should not be available despite the timely conclusion of an adequate cover transaction for reasons for which the Provider is not responsible, the Customer shall be informed immediately of the unavailability and, in the event of withdrawal, any payments already made shall be refunded immediately.
(4) For Consumers, it is regulated by law that the risk of accidental loss and accidental deterioration of the goods sold only passes to the customer when the goods are handed over, regardless of whether the shipment is insured or uninsured.
If the Customer is an entrepreneur, delivery and shipment are at his own risk.
§ 6 Reservation of proprietary rights, right of retention
(1) The Customer can only exercise a reservation of proprietary rights, if it concerns claims from the same contractual relationship.
(2) The goods remain the property of the supplier until full payment of the purchase price.
(3) Where the Customer is an entrepreneur the following applies:
a) The Provider retains ownership in each individual item until all the claims arising from the ongoing business relationship have been settled in full. The goods subject to retention of title may not be pledged or transferred by way of security before ownership of the said goods changes hands.
b) The Customer can re-sell the goods within the framework of an orderly transaction. In this regard, Customer hereby cedes all the claims amounting to the magnitude of the billing amount that accrue to him as a result of the re-selling operation to the Provider, and the Provider accepts the cession. Furthermore, the Customer is authorised to collect the claim in question. However, insofar as the buyer does not discharge his payment obligations in an orderly fashion, the Provider reserves the right to collect the claim himself.
c) Upon the combining and mixing of the reserved goods, the Provider acquires co-ownership in the new item in the proportion of the invoiced value of the conditional goods to the invoiced value at the time of processing.
d) If the Customer makes a request of this nature, the Provider will be obligated to release the securities that are due to him, to the extent that the realisable value of his securities exceeds the claim to be secured by more than 10%. The Provider is responsible for selecting the securities to be released.
§ 7 Warranty
(1) The legal requirements apply.
(2) As a Consumer, the Customer is requested to promptly check the product for completeness, visible defects and transport damage as soon as it is delivered, and promptly disclose his complaints to the Provider and the shipping company in writing. Even if the customer does not comply with this request, it shall have no effect on the legal warranty claims.
(3) If the Customer is an entrepreneur applies in deviation from para 1:
a) Only the Seller's own information and the product description by the manufacturer (but not other advertising, public promotions or statements by the manufacturer) are deemed as agreed with respect to the characteristics of the goods.
b) The customer must inspect the goods immediately and notify without delay of any discrepancies in quality and quantity and any obvious defects no later than 7 days after receipt of the goods in writing, for period keeping the punctual sending off is sufficient. This also applies to hidden defects ascertained later on from discovery. If the inspection and reclamation guidelines are not followed, the assertion of any warranty claim shall be excluded.
c) In case of defects the Provider performs at his choice either rectification or replacement delivery. Should the correction of deficiencies fail twice, the buyer may claim a reduction of the purchase price or withdraw from the contract. In the event of a rectification, the Provider is not obligated to bear the increased costs incurred by the transport of the goods to a location other than the place of performance, if the transport does not correspond to the intended use of the goods.
d) The warranty period is one year from delivery of the goods. The reduction in time-limit does not apply to damages culpably attributable to the Provider arising from injury to life, body or health and for other damages caused by wilful intent or damage caused with intent, e.g. fraudulent intent of the Provider, as well as recourse claims according to §§ 478, 479 BGB.
§ 8 Guarantee
(1) A guarantee offered by the Provider or a manufacturer ends at the latest when the goods are sold by the first owner. Even if the first owner repurchases the goods later, the guarantee is not revived
§ 9 Liability
(1) The Provider is liable without limitation for damages concerning life, body or health, in all cases of intent and gross negligence, by fraudulent concealment of a deficiency, due to the issuing of a guarantee for the existence of a certain quality of the purchase object in damages under the product liability act and in all other legally regulated cases.
(2) If essential contractual duties are affected, the liability of the Provider in the event of minor negligence is limited to the foreseeable damage typical of the contract. Essential contractual obligations are essential obligations imposed on the supplier with regard the content and purpose of the contract and whose breach jeopardizes the achievement of the purpose of the contract; also obligations whose fulfillment mainly facilitates the proper performance of the contract and the observance of which the client relies on, and may rely on, regularly.
(3) In the case of a minor negligent breach of contractual obligations, liability for violations of obligations based on ordinary negligence is barred.
(4) The data communication via the Internet cannot be guaranteed - according to the actual state of technology - error-free and /or with access at any time. The Provider is not liable for the constant and uninterrupted availability of the website and services offered there.
§ 10 Discount codes
(1) If a discount code is used for items or brands other than those advertised, we reserve the right to cancel the order or to limit the discount only to the items or brands advertised and to calculate the difference. In this case the customer is entitled to set aside the entire or partial contract.
§ 11 Choice of Law, Place of Performance, Jurisdiction
(1) German law applies. This choice of law applies only insofar as the protection provided by compulsory provisions of the law of country where the consumer is domiciled is not withdrawn (favorability principle).
(2) The place of performance for any services derived from the business relations existing with the Provider and the place of jurisdiction is the Provider's registered office, insofar as the customer is not a Consumer but a business, a legal entity of public law or a special fund under public law. The same applies if the place of general jurisdiction of the Customer is not in Germany or EU or if the Customer's usual abode is unknown at the time of the institution of legal proceedings. The authorisation, to move the court to another court of jurisdiction is untouched by that.
The provisions of the UN sales law are not applicable.