Terms and cancellation policy
General terms and conditions with customer information
Table of contents
- Conclusion of the contract
- Right of withdrawal
- Prices and terms of payment
- Delivery and shipping conditions
- Retention of title
- Liability for defects (warranty)
- Redemption of promotion vouchers
- Redemption of gift vouchers
- Applicable law
- Alternative dispute resolution
1) Scope of application
1.1 Diese General Terms and Conditions of Business (hereinafter referred to as "GTC") of Jonas Wieland, trading under the name of "Genuine Selection" (hereinafter referred to as "Seller"), apply to all contracts for the delivery of goods which a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Seller with regard to the goods displayed by the Seller in his online shop. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 Für Contracts for the delivery of vouchers are subject to these terms and conditions unless otherwise expressly agreed.
1.3 Verbraucher in the sense of these terms and conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. An entrepreneur in the sense of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2) Conclusion of contract
2.1 Die product descriptions contained in the online shop of the seller do not represent binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2 Der Customer can submit the offer via the online order form integrated in the online shop of the seller. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding offer to enter into a contract with respect to the goods in the shopping cart by clicking the button that concludes the ordering process.
2.3 Der seller can accept the customer's offer within five days,
- by sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the Customer is decisive, or
- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
- by requesting the customer to pay after placing his order.
If there are several of the aforementioned alternatives, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the customer sends the offer and ends with the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.
2.5 Bei of the submission of an offer via the online order form of the seller, the text of the contract is stored by the seller after the conclusion of the contract and sent to the customer after sending his order in text form (e.g. e-mail, fax or letter). The Seller shall not make the text of the contract accessible beyond this. If the Customer has set up a user account in the Seller's online shop before sending his order, the order data will be archived on the Seller's website and can be accessed free of charge by the Customer via his password-protected user account by entering the corresponding login data.
2.6 Vor binding submission of the order via the seller's online order form, the customer can detect possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. Within the electronic ordering process, the customer can correct his entries using the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.
2.7 Für the conclusion of the contract is available exclusively in the German language.
2.8 Die Order processing and contact are usually carried out by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3) Right of revocation
3.1 Verbrauchern is generally entitled to a right of revocation.
3.2 Nähere Information on the right of revocation can be found in the seller's revocation instruction.
4) Prices and terms of payment
4.1 Sofern from the product description of the salesman nothing else results, it concerns with the indicated prices total prices, which contain the legal value added tax. Any additional delivery and shipping costs that may be incurred will be stated separately in the respective product description.
4.2 Bei Deliveries to countries outside the European Union may in individual cases incur additional costs for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money through credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of money if the delivery is not to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 Die Payment option(s) is/are communicated to the customer in the online shop of the seller.
4.4 Ist If advance payment by bank transfer is agreed upon, payment is due immediately after conclusion of the contract, unless the parties have agreed upon a later due date.
4.6 Bei Selection of the payment method "IMMEDIATELY" the payment processing is carried out by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (in the following "IMMEDIATELY"). In order to be able to pay the invoice amount via "IMMEDIATELY", the customer must have an online banking account with PIN/TAN procedure that has been activated for participation in "IMMEDIATELY", must legitimize himself accordingly during the payment process and confirm the payment instruction to "IMMEDIATELY". The payment transaction will be executed immediately afterwards by "IMMEDIATELY" and the customer's bank account will be debited. The customer can find more detailed information on the "IMMEDIATE" payment method on the Internet at https://www.klarna.com/sofort/.
4.7 Bei Selection of a payment method offered via the payment service "Shopify Payments", the payment processing shall be carried out via the payment service provider Shopify International Limited, Victoria Buildings, 2nd floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland (hereinafter referred to as "Shopify"). The individual payment methods offered via Shopify are communicated to the Customer in the Seller's online shop. Shopify may use other payment services to process payments, which may be subject to special payment terms and conditions, which may be notified to the Customer separately. Further information on Shopify Payments is available on the Internet at https://www.shopify.de/payments.
4.8 Bei If you choose the credit card payment method, the invoice amount is due immediately upon conclusion of the contract. The processing of the payment method credit card payment is carried out in cooperation with secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.ag) to which the provider assigns his payment claim. secupay AG collects the invoice amount from the customer's credit card account. In the event of assignment, payment can only be made to secupay AG with debt discharging effect. The credit card will be charged immediately after the customer's order is sent in the online shop. Even if the payment method credit card payment via secupay AG is selected, the provider remains responsible for general customer inquiries, e.g. regarding the goods, delivery time, dispatch, returns, complaints, declarations of revocation and shipments or credit notes.
4.9 Bei If the credit card payment method via Wirecard is selected, the payment will be processed by Wirecard Bank AG, Einsteinring 35, 85609 Aschheim (https://www.wirecardbank.com/) to which the seller assigns his payment claim. Wirecard Bank AG will collect the invoice amount from the customer's credit card account indicated. In the event of assignment, payment can only be made to Wirecard Bank AG with debt discharging effect. The credit card will be debited immediately after the customer's order has been sent via the Seller's online shop. Even if the credit card payment method via Wirecard has been selected, the Seller remains responsible for general customer inquiries, e.g. regarding the goods, delivery time, shipment, returns, complaints, declarations of revocation and shipments or credit notes. Reference is made to the information provided by Wirecard Bank AG pursuant to Article 13 DSGVO within the scope of processing credit card payments at https://www.wirecardbank.de/DSGVO.
4.10 Bei If you choose a payment method offered by Klarna payment service, the payment will be processed by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter Klarna). For further information and Klarna's terms and conditions, please refer to the Seller's payment information, which is available at the following Internet address
5) Delivery and shipping conditions
5.1 Die Goods are delivered by mail to the delivery address provided by the customer, unless otherwise agreed. For the processing of the transaction, the delivery address indicated in the Seller's order processing is decisive.
5.2 Sendet the transport company returns the shipped goods to the seller, because a delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if the customer was temporarily prevented from accepting the service offered, unless the seller had given the customer a reasonable period of notice of the service. Furthermore, this shall not apply with regard to the costs of the return shipment if the customer effectively exercises his right of revocation. In the case of effective exercise of the right of revocation by the customer, the provision made in the seller's revocation instruction shall apply to the costs of return shipment.
5.3 Selbstabholung is not possible for logistical reasons.
5.4 Gutscheine are left to the customer as follows:
- by email
6) Retention of title
If the seller makes advance payment, he reserves the right of ownership of the delivered goods until full payment of the purchase price owed.
7) Liability for defects (warranty)
7.1 Ist the object of sale is defective, the provisions of the statutory liability for defects shall apply.
7.2 Der Customer is asked to complain about delivered goods with obvious transport damages to the deliverer and to inform the seller. If the customer does not comply with this, this has no effect on his legal or contractual claims for defects.
8) Redemption of promotion vouchers
8.1 Gutscheine, which are issued free of charge by the Seller within the framework of promotions with a certain period of validity and which cannot be purchased by the Customer (hereinafter "Promotion Vouchers"), can only be redeemed in the Seller's online shop and only during the specified period.
8.2 Aktionsgutscheine can only be redeemed by consumers.
8.3 Einzelne Products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotion voucher.
8.4 Aktionsgutscheine can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
8.5 Pro Only one promotion voucher can be redeemed at a time.
8.6 Der The value of goods must at least correspond to the amount of the promotion voucher. Any remaining credit will not be refunded by the seller.
8.7 Reicht the value of the promotion voucher to cover the order, can be chosen for the settlement of the difference amount of one of the other payment methods offered by the seller.
8.8 Das The credit balance of a promotion voucher is neither paid out in cash nor does it bear interest.
8.9 Der Promotional voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of his statutory right of revocation.
8.10 Der promotion voucher is only intended for use by the person named on it. A transfer of the promotion voucher to third parties is excluded. The seller is entitled, but not obliged, to check the material entitlement of the respective voucher holder.
9) Redemption of gift vouchers
9.1 Gutscheine, which can be purchased through the online shop of the seller (hereinafter "gift vouchers"), can only be redeemed in the online shop of the seller, unless otherwise stated in the voucher.
9.2 Geschenkgutscheine and remaining credit balances of gift vouchers can be redeemed until the end of the third year after the year of the voucher purchase. Remaining credit balances are credited to the customer until the expiry date.
9.3 Geschenkgutscheine can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
9.4 Bei of an order can also be redeemed several gift certificates.
9.5 Geschenkgutscheine can only be used for the purchase of goods and not for the purchase of further gift vouchers.
9.6 Reicht the value of the gift certificate to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.
9.7 Das Credit balances on a gift voucher will not be paid out in cash or bear interest.
9.8 Der Gift voucher is intended only for use by the person named on it. A transfer of the gift voucher to third parties is excluded. The Seller is entitled, but not obliged, to check the material eligibility of the respective gift certificate holder.
10) Applicable law
All legal relations between the parties shall be governed by the law of the Federal Republic of Germany to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
11) Alternative dispute resolution
11.1 Die The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
11.2 Der The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
Cancellation instruction & cancellation form
Consumers are entitled to a right of revocation according to the following provision, whereby a consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor his independent professional activity:
A. Cancellation policy
Right of withdrawal
You have the right to cancel this contract within 14 days without giving reasons.
The revocation period is 14 days from the day on which you or a third party named by you, who is not the carrier, took or has taken possession of the last goods.
In order to exercise your right of withdrawal, you must inform us (Jonas Wieland, Genuine Selection, Mühlstraße 15, 64331 Weiterstadt, Germany, Tel.: +49 6150 5920939, E-Mail: firstname.lastname@example.org) by means of a clear statement (e.g. a letter or e-mail sent by post) of your decision to withdraw from this contract. You may use the attached sample revocation form for this purpose, but this is not mandatory.
In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of the revocation
If you revoke this Agreement, we shall reimburse you for all payments we have received from you, including delivery charges (other than any additional charges arising from your choosing a different method of delivery from the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date on which we receive notice of your revocation of this Agreement. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may refuse to make any refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
If a partial revocation (i.e. only a part of the ordered products is returned from a shipment) results in the tax-free amount, from which no shipping costs are incurred, shipping costs will be calculated retroactively. These are automatically deducted from the return amount.
You must return or hand over the goods to us without delay and in any case within fourteen days at the latest from the day on which you notify us of the revocation of this contract. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the fourteen-day period.
You shall bear the direct costs of returning the goods.
You shall only be liable for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary for the purpose of checking their nature, properties and functioning.
Exclusion or premature expiration of the right of withdrawal
The right of revocation expires prematurely in the case of contracts for the delivery of sealed goods and goods that are already in use which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery or if the customer is using the product already.
1) Please avoid damage and contamination of the goods. Please return the goods to us in original packaging with all accessories and with all packaging components. If necessary, use a protective outer packaging. If you no longer have the original packaging, please use suitable packaging to ensure adequate protection against transport damage.
2) Please do not return the goods to us freight collect.
3) Please note that the aforementioned numbers 1-2 are not a prerequisite for the effective exercise of the right of withdrawal.
B. Form for withdrawal
If you want to cancel the contract, please fill out this form and send it back.
I/we (*) hereby revoke 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 in case of notification on paper)
(*) Delete as applicable