Geniatech Europe GmbH, Managing Director: Michael Decker, Kaiserstrasse 100, 52134 Herzogenrath

Phone: 0049-2407- 55290-80, Fax: 0049-2407- 55290-89, GTESales@geniatech.com

Commercial Register of the Local Court Düren / HRB Düren: 7197

Umsatzsteuer-Identifikationsnummer gemäß § 27a Umsatzsteuergesetz: DE304695446

1. Scope

The following general business terms shall apply to all orders placed by consumers and entrepreneurs via our online store.

A “consumer” (pursuant to the German Civil Code, BGB) is any natural person who enters into a legal transaction for a purpose that is attributable neither to commercial activities, nor to an independent professional activity, engaged in by that person. An “entrepreneur” (pursuant to the German Civil Code, BGB) is a natural person or a legal entity or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of its trade or free-lance profession.

For entrepreneurs these general business terms also apply to all future business relations, without any requirement on our part to repeat reference to them. Should the entrepreneur use conflicting or supplementary business terms, we hereby object to their validity; they only constitute an integral part of the agreement if we have expressly consented to them.

 

2. Contracting Party, Conclusion of Contract

The purchase contract is made with the company Geniatech Europe GmbH.

The description of the products in our online store does not constitute a legally binding offer, but represents a non-binding online catalogue. You first select the products and put them into the shopping cart. You can correct the entered data any time before submitting your binding order by using the correction tools provided and explained during the order process. When clicking on the order button, you are making a binding order of the products you have put into the shopping cart. Receipt of your order is confirmed by e-mail directly after having placed the order, but this does not yet mean an acceptance of the contract. We accept your order either by sending a declaration of acceptance in a  separate e-mail or by delivering the goods within two days. In case of advance payment, the contract is concluded upon receipt of your payment.

The languages available for concluding a contract are German and English.

We save the contract text and e-mail the order data and general business terms to you. You can read the general business terms on this website and download them at any time. Use your customer login to display your previous orders.

3. Delivery Conditions

Shipping costs must be paid in addition to the specified product costs. More details about the exact shipping costs can be found next to the individual product offers.

We deliver the products to you. It is not possible to pick them up in a store.

4. Payment

We offer the following payment methods in our online store:

Cash on Delivery

When using this payment method, we charge additional fees of 3.60 EUR. Another 2.00 EUR must be paid directly to the deliverer/postal service.

Credit Card

Your credit card will be debited as soon as we have shipped the product(s) to you.

5. Cancellation Information

Consumers are entitled to withdraw from the contract within fourteen days.

Consumers have a statutory right of withdrawal as described in the Withdrawal Information. No voluntary right of withdrawal is granted to entrepreneurs.

 

5.1. Right of Cancellation

You have the right to withdraw from the contract within a period of fourteen days without being required to state any reasons. The deadline for cancellation is fourteen days beginning from the day on which you or a third party specified by you who is not the deliverer has taken possession of the last consignment or last piece of the shipment.

To exercise your right of cancellation, you must send us (Geniatech Europe GmbH, Managing Director: Michael Decker, Kaiserstrasse 100, 52134 Herzogenrath Phone: 0049-2407- 55290-80, Fax: 0049-2407- 55290-89, GTESales@geniatech.com (e.g. a letter sent by regular mail, fax or e-mail) clearly stating your decision to cancel the contract. You may use the attached cancellation form but it is not required to use this specimen form.

To meet the cancellation deadline, it suffices to send the notification of the exercise of your right of cancellation to us before the deadline has elapsed.

 

5.2. Consequences of the Cancellation

In case you cancel the contract, we will refund all payments we have received from you including the shipping costs (with the exception of the additional costs that were incurred because you have chosen another type of delivery than the least costly standard type of delivery offered by us) without delay and at the latest within fourteen days, this period beginning from the day on which we receive your notification of your cancellation from the relevant contract. For repayment we use the same payment method you have used for the initial transaction unless otherwise expressly agreed upon. No fees will be charged because of this repayment. We are allowed to refuse repayment until you have returned the products or until you have proven that you have sent the products back, whichever is the earlier.

You must return or send the goods back without delay and at the latest within fourteen days, this period beginning from the day on which we receive your notification of your cancellation of the relevant contract. This deadline is met if you send the goods back before expiry of these fourteen days. The direct costs of returning the goods must be borne by you. You shall only be liable for any diminished value of the goods resulting from the handling other than what is necessary to ascertain the quality, nature and functioning of the goods.

There shall be no right of cancellation regarding the following contracts:

Contracts for the supply of sealed audio or video recordings or computer software which were/was unsealed by the buyer following the delivery.

 

5.3. Cancellation Form (Specimen)

(If you wish to cancel a contract, please complete this form and mail it to us.)

To be sent to:

Geniatech Europe GmbH

Warenumtausch/-rückgabe (return of goods)

Kaiserstrasse 100, 52134

Herzogenrath

Fax: 0049-2407- 55290-89

RMA-GTE@evia-services.de

 

I/we (*) hereby cancel the concluded contract regarding the purchase of the following goods (*)/the provision of the following service (*).

 

__________________________

Oid(*)

 

__________________________

Ordered on (*)/received on (*)

 

__________________________

Name of the consumer(s)

 

__________________________

Address of the consumer(s)

 

__________________________

Signature of the consumer(s) (only if sending a letter on paper)

 

__________________________

Date

 

__________________________

(*) Please delete as applicable.

 

 

6. Retention of Title

We retain title of ownership to the delivered goods until the purchase price has been paid in full.

The following applies to entrepreneurs: We retain title of ownership to the goods until all claims resulting from an ongoing business relationship have been settled in full. You are entitled to resell the reserved goods in the ordinary course of business; all claims resulting from this resale are assigned by you to us – regardless of a combination or mixing of these goods with other items – in advance in the amount of the invoice total and we accept this assignment. You will remain entitled to collect these receivables but we may collect the receivables ourselves if you do not meet your payment obligations.

 

7. Transport Damage

The following applies to consumers: In case goods are delivered that have obvious transport damages, please inform the deliverer – if possible – immediately and also contact us without delay. A failure to make a complaint or to contact us has no effect as regards your statutory claims and their assertion, in particular your warranty rights, but helps us to enforce our own claims vis-à-vis the carrier or transport insurance.

The following applies to entrepreneurs: The risk of accidental loss and/or accidental deterioration will pass to you as soon as the goods have been handed over to the deliverer, the carrier or another third party (a natural or legal person) who was commissioned to deliver these goods. In business dealings between business people section 377 of the German Commercial Code (Handelsgesetzbuch) applies: The buyer is obliged to inspect and give notice of any defects. If the buyer fails to inform of the defects, the goods shall be deemed approved and accepted, provided that the defects were recognizable upon proper inspection. This does not apply in case we have fraudulently concealed any defect.

 

8. Warranty and Guarantees

Unless expressly agreed otherwise below, you are entitled to statutory warranty rights. As regards consumers, the statutory limitation period for claims for defects of used items is one year from the date of delivery of the goods.

As regards entrepreneurs, the statutory limitation period for claims for defects is one year from the date of risk transfer. The statutory limitation periods for recourse claims pursuant to section 478 of the German Civil Code (BGB) remain unaffected. Vis-à-vis entrepreneurs, only our own particulars and the supplier’s product descriptions included in the contract are considered agreed upon as regards the quality and characteristics of the goods. We assume no liability for public statements made by the supplier or for other advertising messages.

If the delivered product is deficient and the buyer is an entrepreneur, we shall first furnish a warranty against defects at our discretion by either remedying the defect (repair) or delivering an item that is free of defects (replacement).

The above restrictions and shorter time limits do not apply to claims arising from damage caused by us, our legal representatives or vicarious agents

in case of loss of life, bodily injury or damage to the health of a person

in case of willful or grossly negligent breach of duty and fraudulent intent

in case of breach of fundamental contractual duties of which the fulfillment is a prerequisite for enabling the proper performance of the contract in the first place and in which the customer may normally trust (cardinal obligations)

in the context of a guarantee undertaking if agreed upon

if the Product Liability Law applies.

For information about any additional guarantees that may be in place and their detailed conditions please read the text on the pages describing the products and on separate information pages of the online store.

 

9. Liability

With regard to claims arising from damage caused by us, our legal representatives or vicarious agents, we assume unlimited liability

in case of loss of life, bodily injury or damage to the health of a person

in case of willful or grossly negligent breach of duty

in the context of a guarantee undertaking if agreed upon

if the Product Liability Law applies.

In case of the breach of fundamental contractual duties of which the fulfillment is a prerequisite for enabling the proper performance of the contract in the first place and in which the contractual partner may normally trust (cardinal obligations), due to slight negligence by us, our legal representatives or vicarious agents, liability is limited to the typically foreseeable damage at the time the contract was concluded.

Apart from that, all further claims for damages are excluded.

 

10. Data Protection Statement

We thank you for your interest in our website. Protecting your personal data is very important for us. The following text informs you in detail about how we handle and protect your data.

 

10.1. Storage of Access Data on Server Log Files

You can visit our websites without being required to enter any personal data. We only save access data in so-called server log files, for example the name of a requested file, the date and time of retrieval, the data volume transferred and the requesting provider. These data are exclusively used to ensure a trouble-free operation of the website and they are evaluated to improve our services. They do not allow any conclusions to be made with regard to your person.

 

10.2. Data Collection and Data Use for Contract Processing and when Opening Customer Accounts

We collect personal data only when you provide your data voluntarily in the context of ordering products, contacting us (e.g. using the contact form or by e-mail) or opening a customer account. From the relevant input form you can see which data are collected. We use the data provided by you to process the contracts and your inquiries. After final processing of the contract or deletion of your customer account your data are blocked for further use and deleted upon expiry of the retention periods pursuant to fiscal and commercial law unless you have given your express consent to a further use of the data or if we reserve the right to legally admissible data usage going beyond this of which we inform you below. Deletion of your customer account is possible anytime. To do so, you can either send us a message using the e-mail address specified below or use the relevant function available in the customer account.

10.3. Data Transfer for Contract Performance

To perform the contract, we forward your data to the shipping company which was instructed to deliver the goods where necessary to deliver the ordered goods. To process payments, we forward the needed payment details to the bank in charge of the payment process and – if applicable – the payment service provider commissioned by us or the payment service you have selected during the order process.

 

10.4. Use of Data when Registering for E-Mail Newsletters

If you register for our newsletter, we will use the data required for this process or the data you have given to us separately in order to regularly send you our e-mail newsletter. You can unsubscribe from the newsletter at any time. To do so, you can either send us a message by e-mail, fax or regular mail or follow the relevant link.

 

10.5. Use of Cookies

We use cookies on various pages in order to make our website more attractive to visitors and to enable the use of certain functions. Cookies are small text files that are saved on your computer. Some of the cookies we use are automatically deleted after a browser session, i.e. after closing your browser (so-called session cookies). Other cookies remain stored on your computer and allow us to re-identify your browser when you log on again (persistent cookies). You can set the browser such that the computer informs you of relevant cookies and you can decide in each individual case if you accept cookies or accept them only in certain cases or refuse them in general. If you do not accept cookies, some features of the website may not function properly or fully.

 

10.6. Use of Google Analytics for Web Analysis

This website uses Google Analytics, a web analytics service provided by Google, Inc. (www.google.de). Google Analytics uses “cookies” which are text files placed on your computer to help the website analyze how users use the site. The information generated by the cookies about your use of the website (including your IP address) will usually be transmitted to and stored by Google on servers in the United States. In case IP anonymization is activated on this website, Google uses your IP address in a truncated form within European Union member states or in other signatories of the Agreement on the European Economic Area. Only in exceptional cases, the full IP address is transmitted to servers of Google in the US and truncated there. IP anonymization is activated on this website. On behalf of the operator of this website, Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google will not associate your IP address transmitted by your browser with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser. Please note however that if you do this you may not be able to fully benefit from all features of this website.

Furthermore you can prevent the collection of data generated by the cookie and related to your use of the website (incl. your IP address) by Google and the processing of these data by Google by downloading and installing a specific browser plugin available by using the following link:http://tools.google.com/dlpage/gaoptout?hl=en

As an alternative to this browser plugin, you may click on this link to prevent future collection of data by Google Analytics on this website. An opt-out cookie is placed on your terminal. If you delete your cookies, you must again click on the link.

 

10.7. Right to Information and Contact Options

You are entitled to free information about your stored personal data at any time as well as the right to correction, refusal of access or deletion of your data. If you have any questions about the collection, processing or use of your personal data, in case of inquiries, correction, refusal of access or deletion of data as well as revocation of granted permissions or objection against a certain type of usage, please contact us directly. The contact details are listed in our Imprint.

 

11. Final Provisions

If you are an entrepreneur, you are subject to the law of the Federal Republic of Germany with the exclusion of UN purchasing law (CISG).

If you are a tradesperson in the meaning of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all legal disputes arising from contractual relations between you and us is our place of business