General Terms and Conditions (GTC)
- Validity of the General Terms and Conditions
These General Terms and Conditions (hereinafter referred to as “GTC”) apply to all contracts concluded via our sales partners or our Ge-man.com online shop. A consumer is any natural person who enters into a legal transaction for a purpose that cannot be attributed to his or her commercial or independent professional activity.
- Acknowledgement of the GTC
The customer acknowledges these GTC and agrees to them as soon as he places an order..
- Defence clause
The inclusion of general terms and conditions or contractual conditions of the customer that deviate from these GTC is rejected unless these are expressly recognised by the Ge-man Shop.
- Conclusion of contract
a) Order via our order form through a Ge-man.com sales representative. By completing and signing our order form, the customer makes a binding offer to purchase the goods on the order form and agrees to the validity of these terms and conditions of sale. After receipt of the order Ge-man.com will send the customer an automatic confirmation of receipt by e-mail, in which the customer’s order is listed again. This automatic acknowledgement of receipt merely documents that the order has been received and does not constitute acceptance of the application.b) A contract is only bindingly concluded when acceptance is declared by Ge-an.com. This declaration of acceptance can either be declared by separate e-mail or implied by delivery of the goods to the customer.
- Delivery and availability of goods for direct sales
a) Unless otherwise agreed, delivery shall be made to the delivery address provided by the customer. If possible, the customer will receive his order in a single shipment. Partial delivery shall only take place in exceptional cases and insofar as this is reasonable for the customer; in this case, the shipping costs shall only be incurred once.b) The delivery period for dispatching the ordered products is five working days (Monday to Friday, excluding public holidays) after dispatch of the automatic confirmation of receipt, unless expressly stated otherwise on the respective product page. Despite our best efforts, it may happen in individual cases that a small number of the ordered products cannot be delivered or cannot be delivered in time due to unforeseeable events (in particular transport bottlenecks for which we are not responsible and force majeure). In this case, the customer will receive a corresponding notification without delay.
c ) Ordering via our internet presence of Ge-man on the website www.Ge-man.com Offers in the online shop are non-binding. By clicking on the button “order subject to payment”, the customer submits a binding offer to purchase the goods in the shopping basket and agrees to the validity of these terms and conditions of sale. After receipt of the order, the customer will be sent an automatic confirmation of receipt by e-mail, in which the customer’s order is listed again. This automatic acknowledgement of receipt merely documents that the order has been received and does not constitute acceptance of the application.
d) A contract is only bindingly concluded when acceptance is declared by Ge-man.com. This declaration of acceptance can either be made by separate e-mail or
implied by delivery of the goods to the customer.
- Delivery and availability of goods for online sale
a) Unless otherwise agreed, delivery shall be made to the delivery address provided by the customer. If possible, the customer will receive his order in a single shipment. Partial delivery shall only take place in exceptional cases and insofar as this is reasonable for the customer; in this case, the shipping costs shall only be incurred once.b) The availability of the products is checked regularly. If a product is not available, the product will be marked accordingly in the online shop and can no longer be ordered.
c) The delivery period for dispatching the ordered products is five working days (Monday to Friday, excluding public holidays) after dispatch of the automatic confirmation of receipt, unless expressly stated otherwise on the respective product page. Despite our best efforts, it may happen in individual cases that a small number of the ordered products cannot be delivered or cannot be delivered on time due to unforeseeable events (in particular transport bottlenecks for which we are not responsible and force majeure). In this case, the customer will receive a corresponding notification without delay.
- Storage of the contract text
The text of the contract, i.e. the customer’s details of the ordering process, is stored by Ge-man.com and can be viewed by the customer under the link “My account” à “My orders”.
My Orders” link. Independently of this, Ge-man.com sends an order confirmation and these GTC to the email address provided by the customer.
- Right of withdrawal / cancellation
You can return the goods received without giving any reason within 14 days by returning the goods.
The following cancellation policy applies to contracts for goods that can be sent as a parcel by post.
Right of withdrawal for goods that can be sent by parcel post
As a consumer, you have the right to cancel this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the last goods. In order to exercise your right of withdrawal, you must send us
Ge-man Event und Motorsport GmbH
by means of a clear statement (for example, a letter or email sent by post) of your decision to withdraw from this contract. If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used in the original.
Unless otherwise expressly agreed with you, we will use the same means of payment for this repayment as you used for the original transaction; in no case will you be charged any fees for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract.
Ge-man Event und Motorsport GmbH
to return or hand over the goods. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods.
End of the cancellation policy
a) All prices are total prices; they include packaging costs and the statutory value added tax (VAT).b) Price errors excepted. If the correct price is higher, contact will be made with the customer; in this case a contract will only be concluded if the customer wishes to purchase at the actual price. If the correct price is lower, this price will be charged.
- Shipping costs
a) Shipping costs are added to the stated product prices. You can find out more about the amount of the shipping costs in the offers. The applicable sales tax is included in the shipping costs.
- Delivery conditions
a) Unless otherwise agreed, delivery shall be made to the address specified by the customer. We also deliver to packing stations.b) The estimated delivery time is indicated directly in the shopping cart. If payment is made in advance, the delivery period begins one day after receipt of the amount in the bank account of Ge-man.com.
c) In the event of damage to the goods during transport, the customer must immediately report the case of damage to the transport company and claim the damage there.
d) Ge-man.com does not bear any responsibility in the event of obstacles to delivery in the area of suppliers or manufacturers. If the delivery or the adherence to an
agreed delivery time becomes impossible due to circumstances for which Ge-man.com is not responsible, Ge-man.com is entitled to withdraw from the contract in whole or in part.
Ge-man.com will inform the customer immediately in this regard. Claims for damages are excluded in this case. The customer will be informed of existing delivery restrictions before the order process begins.
- Deposit system
The Ge-man Powerdrink falls under the German deposit system. Due to this, a deposit of 25 cents per can is charged on the sales price. When returning the can to a company that participates in the one-way deposit system, the can can be returned and the amount of 25 cents will be refunded.
- Maturity and retention of title
a) The purchase price is due at the latest upon delivery of the goods.b) The delivered goods remain the property of the Ge-man Shop until payment has been made in full.
- Terms of payment
a) Ge-man.com accepts the following payment methods:
Prepayment, PayPal, credit card (Visa, Mastercard) and instant bank transfer.b) In the case of payment in advance, the customer transfers the invoice amount to the account of Ge-man.com within 7 days of the conclusion of the contract (bank details can be found in the order confirmation and in the imprint). The goods will only be dispatched after receipt of payment.
c) If you pay by credit card, your credit card will be charged after completion of the order. This also happens immediately if we do not have the goods in stock and can only ship in a few days.
d) Paypal – You pay the invoice amount via the online provider PayPal. You must be registered there or register first. After legitimation with the access data you can confirm the payment instruction to us. You will receive further instructions during the ordering process.
e) Sofortüberweisung – The purchase price will be debited from your account upon completion of the order.
f) The statutory default regulations apply. Reminder costs can be claimed from the second reminder.
a) Unless otherwise stipulated, the general statutory provisions shall apply.b) The warranty is excluded in the event of defects caused by the customer. This is particularly the case in the event of improper handling, incorrect operation or unauthorised repair attempts.
c) Damage caused by a grossly negligent breach of duty by Ge-man.com or by an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of Ge-man.com. Furthermore, the shortened period of limitation does not apply to claims for damages due to the negligent or intentional breach of essential contractual obligations. Material contractual obligations are obligations the fulfilment of which is essential to the proper performance of the contract and on the observance of which the customer may regularly rely.
d) If delivered items have obvious material or manufacturing defects (including transport damage), we ask the customer to notify us immediately.
a) Claims for damages by the customer against Ge-man.com are excluded insofar as Ge-man.com or vicarious agents have not acted with intent or gross negligence.b) Liability for damages arising from injury to life, limb and health, for negligent or intentional breach of essential contractual obligations or insofar as liability is mandatory under the Product Liability Act or for culpa in contrahendo or for other breaches of duty or tortious claims for compensation for damage to property remains unaffected. Material contractual obligations are obligations the fulfilment of which makes the proper performance of the contract possible in the first place and compliance with which the customer may regularly rely on.
- Right of set-off, right of retention
a) The customer is not entitled to offset against our claims unless the customer’s counterclaims have been legally established or are undisputed. The customer is also not entitled to offset against our claims if he asserts notices of defects or counterclaims from the same purchase contract.b) The customer may only exercise a right of retention if his counterclaim is based on the same purchase contract.
- Data protection
- Amendment of the General Terms and Conditions / Reservation of right to amend
We are entitled to unilaterally amend these General Terms and Conditions of Business insofar as this is necessary to eliminate equivalence problems that arise subsequently or to adjust to changes in the legal or technical framework conditions. We will inform the customer of an amendment by sending a notification of the content of the amended provisions to the customer’s last known e-mail address. The amendment shall become part of the contract if the customer does not object to its inclusion in the contractual relationship in writing or text form within six weeks of receipt of the notification of amendment.
- Severability clause
If any provision of these General Terms and Conditions should be invalid, this shall not affect the validity of the remaining provisions.
- Contract language
The language available for the conclusion of the contract is German.
- Contract law
Our contracts are subject to German law, with the place of jurisdiction at our registered office.