T&C

Terms and Conditions  from 14/08/2017

1. Scope

The following T&C aplly to all orders placed through our online shop by consumers and entrepreneurs.

A consumer is any natural person who concludes a legal transaction which cannot be primarily attributed to their commercial or self-employed professional activity. An entrepreneur is a natural person, legal entity or legal partnership that pursues an independent professional or commercial activity when concluding a legal transaction.

The following applies in terms of entrepreneurs: If the entrepreneur uses divergent, conflicting or supplementary general terms conditions, their validity is herewith rejected; they only become part of the contract if we have expressly agreed to their validity.

2. Contracting party, contract conclusion

The purchase contract is concluded with Manufaktur Jörg Geiger GmbH.

By placing the products in the online shop, we make a binding offer to conclude a contract for these articles. You can place the products listed on offer in the shopping cart first and correct your entries at any time prior to placing your binding order by using the corrective aids provided and explained during the order process. The contract is concluded when you accept our offer for the goods in the shopping cart by clicking on the order button. You will receive another confirmation by email directly after submitting your order.

Exactly when the contract with us is concluded depends on the payment method you have chosen:

Credit card, SEPA direct debit

We accept your order by sending a confirmation of acceptance in a separate email or by delivering the goods within two days.

PayPal

During the order process you will be redirected to the website from the online provider PayPal. There you can enter your payment details and confirm the payment instruction with PayPal. After placing the order in our shop, we ask PayPal to initiate the payment transaction and by doing so accept your offer.

SOFORT instant bank transfer

After placing your order, you will be redirected to the website from the online provider SOFORT Überweisung, where you can confirm the payment instruction to SOFORT Überweisung. This step concludes the contract with us.

giropay

After placing the order, you will be redirected to your website from you bank, where you can confirm your payment order to them. This step concludes the contract with us

Paydirect

After placing the order, you will be redirected to the website from the online provider paydirekt, where you can confirm the payment order to them. After placing the order in our shop, we ask paydirekt to initiate the payment transaction and by doing so accept your offer.

3. Contract language, contract text storage

Language(s) available for concluding the contract: German, English

We save the contract text and send you the order details and our T&C by email. You can view the contract text in your customer account.

4. Delivery Terms

Shipping costs are added to the stated product prices. You can find out more about the shipping costs in the product listings.

We only deliver by mail order. We regret that you cannot pick up the goods yourself.

5. Payment

The following payment methods are generally available in our shop:

SEPA direct

By submitting your order, you issue us with a SEPA direct debit mandate. We will inform you of the date on which the account will be debited at least one bank business day in advance (prenotification). A banking day is any working day except Saturdays, national public holidays and December 24 and 31 of each year. The account will be debited before the goods are shipped.

PayPal

In order to pay the invoice amount through the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you need to be registered with PayPal, prove your identity with your login details and confirm the payment instruction. The payment transaction is processed by PayPal directly after the order has been placed. You will receive further instructions during the order process.

giropay/paydirekt

We offer the payment options giropay and paydirekt in cooperation with the payment service provider paydirekt GmbH, Stephanstr. 14-16, 60313 Frankfurt am Main ("giropay" or "paydirekt").

giropay

In order to pay the invoice amount through giropay, you need to have a bank account activated for online banking, identify yourself accordingly and confirm the payment instruction. Your account will be debited directly after placing the order. You will receive further instructions during the order process.

paydirect

In order to pay the invoice amount through paydirect, you need to have a bank account activated for online banking, be registered with paydirekt, log in with your access data and confirm the payment instruction. The payment transaction is processed directly after the order has been placed. You will receive further instructions during the order process.

PayOne

On completing the order

6. Cancellation Right

You are entitled to exercise your statutory cancellation rights as described in the Cancellation Policy.

7. Retention of title

We retain title to the goods until payment has been made in full.

The following applies in addition for entrepreneurs: We retain title to the goods until all claims arising from an ongoing business relationship have been settled in full. You are free to resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale – irrespective whether the goods subject to retention of title are combined or mixed with a new item – in the amount of the invoice amount, and we accept this assignment. You remain authorised to collect the claims, but we may also collect them ourselves if you fail to meet your payment obligations. We will release the guarantees to which we are entitled at your request insofar as the realisable value of the guarantees exceeds the value of the outstanding claims by more than 10%.

8. Transport Damage

The following applies to consumers:

If goods with obvious transport damage are delivered, please lodge a complaint about this with the carrier as soon as possible and contact us immediately. Failure to lodge a complaint or make contact with us has no consequences whatsoever for your legal claims and their assertion, and in particular for your warranty rights. However, it helps us to in our efforts to assert our own claims against the carrier or the transport insurer.

The following applies to entrepreneurs:

The risk of accidental loss and deterioration passes to you as soon as we have delivered the item to the forwarding agent, carrier or person or establishment otherwise responsible for making the shipment.

9. Warranty and guarantees

Validity of the statutory liability for defects

Unless otherwise expressly agreed below, the statutory liability for defects applies.

The following restrictions and reduction in time limits do not apply to claims based on damage that either we, our legal representatives or vicarious agents caused

  • By loss of life, limb or health
  • By intentional or grossly negligent breach of duty and fraudulent intent
  • By a breach of essential contractual obligations by way of slight negligence on our part, our legal representatives or our vicarious agents, the fulfilment of which enables the proper execution of the contract and on which the contract partner may regularly rely (cardinal obligations),
  • Within the framework of a guarantee promise, if agreed, or
  • Insofar as the scope of the Product Liability Act is applicable.
Restrictions on consumers
When consumers purchase used goods, the following applies: if the defect occurs after one year from delivery of the goods, claims for defects are excluded. Claims for defects that occur within one year of the goods being delivered can be asserted within the framework of the statutory limitation period of two years from delivery of the goods.
Restrictions on entrepreneurs
Only our own specifications and the manufacturer's product descriptions included in the contract are deemed to be an agreement concerning the quality of the goods towards entrepreneurs; we accept no liability for public statements made by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The sale of used goods takes place under exclusion of any warranty. The statute of limitations for the right of recourse remains unaffected pursuant to Sec. 445a German Civil Code (GCC).
Regulations applicable to merchants
The obligation to inspect and give notice of defects regulated in Sec. 377 German Commercial Code (HGB) applies to merchants. If you fail to give notice as regulated therein, the goods will be deemed to have been approved, unless a defect is concerned which was not apparent during the inspection. This does not apply if we have fraudulently concealed a defect.
Guarantees and customer service
Information on any additional guarantees that may apply and their exact conditions can be found in the product listing and on special information pages in our online shop.
Customer service: You can reach us with any questions, complaints or grievances on weekdays from 9am to 12:30pm and from 2pm to 5pm 17:00 by calling +49 (0)7161 999 02 24 or by sending an email to bestellungen@manufaktur-joerg-geiger.de.
10. Liability
We are always liable without limitation for claims based on damage we, our legal representatives or our vicarious agents have caused
  • In the case of loss of life, limb or health,
  • In the case of intentional or grossly negligent breach of duty,
  • In the case of a guarantee promises, if agreed, or
  • Insofar as the scope of the Product Liability Act is applicable.
In the event of a breach of essential contractual obligations by way of slight negligence on our part, our legal representatives or our vicarious agents, the fulfilment of which enables the proper execution of the contract and on which the contract partner may regularly rely (cardinal obligations), our liability shall amount to the foreseeable damages which can typically be expected at the time of concluding the contract.
Claims for damages are excluded in all other cases.
11. Code of Conduct
We adhere to the following codes of conduct:
The European Commission provides a platform for online dispute resolution (ODR) which you can find here. The option is open to consumers to use this platform to resolve their disputes.
We are obliged to participate in dispute resolution proceedings before a consumer arbitration board in order to resolve disputes arising from a contractual relationship with a consumer or to determine whether such a contractual relationship actually exists. The dispute resolution body is the General Conciliation Body at the Zentrum für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, Germany, https://www.universalschlichtungsstelle.de/english. We will participate in a dispute resolution procedure before this body.
13. Protection for minors
If your order includes goods subject to age restrictions, we will ensure that the purchaser has reached the required minimum age by using a reliable procedure involving personal identity and age verification. The delivery agent will only hand over the goods after age verification and only to the customer in person. Delivery to packing stations is not possible in this case.
14. Final Provisions
If you are an entrepreneur, German law applies under exclusion of the UN Convention on Contracts for the International Sale of Goods.
If you are a merchant as defined by the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our registered office.