Terms and Conditions of Giuno
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Legal information about the website
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The provider assumes no responsibility for any web content linked via cross-reference (link), as this is not its own content. The linked pages were checked for illegal content; no such content was apparent at the time of linking. The operator is responsible for the content of the linked pages. The provider has no general monitoring and testing obligation in this regard. However, if a legal violation becomes known, the corresponding link will be removed immediately.
1. General terms and conditions and customer information
I. General Terms and Conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to all contracts that you conclude with us as a provider (Monopol Modevertriebs GmbH & Co. KG, Breslauerstr. 8, 41460 Neuss, Germany) via the website www.giuno-shop.de, unless they are in writing a modification is agreed between the parties. Differing or conflicting terms and conditions are only effective with our express consent.
(2) We only offer our goods for sale if you are a natural or legal person or a partnership with legal capacity who, when concluding the legal transaction, is acting in the exercise of their commercial or independent professional activity (entrepreneur). A purchase contract with consumers is excluded.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods. The details, in particular the essential features of the goods, can be found in the item description and the additional information on our website.
(2) Our offers on the Internet are non-binding and do not constitute a binding offer to conclude a contract.
(3) You can submit a binding purchase offer (order) by telephone, email, fax, in writing or via the online shopping cart system.
When purchasing via the online shopping cart system, the goods intended for purchase are placed in the “shopping cart”. You can use the corresponding button in the navigation bar to access the “shopping cart” and make changes there at any time. After accessing the “Checkout” page and entering your 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, you have the opportunity to check all the information again, change it (also using the "back" function of the Internet browser) or cancel the purchase. By submitting the order using the corresponding button, you are making a binding offer us off.
(4) The acceptance of the offer (and thus the conclusion of the contract) takes place immediately after the order is placed by confirmation in text form (e.g. email), in which the execution of the order or delivery of the goods is confirmed to you (order confirmation).
(5) Upon request, we will make you an individual offer, which will be sent to you in text form and to which we will be bound for 5 days. You accept the offer with confirmation in text form.
(6) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by email. You must therefore ensure that the email address you provide to us is correct, that receipt of emails is technically ensured and, in particular, that it is not prevented by SPAM filters.
§ 3 Prices, payment conditions and shipping costs
(1) The prices stated in the respective offers represent net prices. They do not include statutory VAT.
(2) The shipping costs incurred are not included in the purchase price; they are calculated separately unless free shipping is guaranteed. Further details can be found under a correspondingly labeled button on our website or in the respective offer.
(3) You have the payment options shown under a correspondingly designated button on our website or in the respective offer. Unless a different payment deadline is specified for the individual payment methods or on the invoice, the payment claims arising from the concluded contract are due for payment immediately. The deduction of discounts is only permitted if expressly stated in the respective offer or invoice.
§ 4 Delivery conditions
(1) The expected delivery period is stated in the respective offer. Delivery dates and delivery times are only binding if they have been confirmed by us in writing. If you pay in advance by bank transfer, the goods will only be dispatched once we have received the full purchase price and shipping costs.
(2) If, contrary to expectations, a product you have ordered is not available despite the timely conclusion of an adequate cover transaction for a reason for which we are not responsible, you will be informed immediately of the unavailability and, in the event of withdrawal, any payments already made will be refunded immediately.
(3) Shipping is at your risk. If you wish, shipping will be carried out with appropriate transport insurance, with the resulting costs being borne by you.
(4) Partial deliveries are permitted and can be invoiced by us independently, provided that this does not incur additional costs for shipping.
§ 5 Warranty
(1) The warranty period is one year from delivery of the goods. The one-year warranty period does not apply to culpably caused damages attributable to us resulting from injury to life, body or health and damages caused by gross negligence or intent or fraud, as well as for recourse claims in accordance with Sections 478 and 479 of the German Civil Code (BGB).
(2) Only our own information and the manufacturer's product description are deemed to be agreed as to the quality of the goods, but not other advertising, public praise and statements made by the manufacturer.
(3) You are obliged to inspect the goods immediately and with due care for quality and quantity deviations and to report any obvious defects to us in text form (e.g. email) within 7 days of receipt of the goods; timely dispatch is sufficient to meet the deadline. This also applies to hidden defects discovered later upon discovery. If the obligation to inspect and give notice of defects is violated, the assertion of warranty claims is excluded.
(4) In the event of defects, we will, at our discretion, provide a guarantee through repair or replacement delivery. If the defect cannot be remedied, you can either request a reduction in price or withdraw from the contract. The elimination of defects is deemed to have failed after an unsuccessful second attempt, unless the nature of the item or the defect or other circumstances indicate otherwise. In the event of repair, we do not have to bear the increased costs that arise from moving the goods to a location other than the place of performance if the delivery does not correspond to the intended use of the goods.
§ 6 Right of retention, retention of title
(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.
(2) We reserve ownership of the goods until all claims from the ongoing business relationship have been settled in full. Pledging or transfer of security is not permitted before ownership of the reserved goods is transferred.
(3) You can resell the goods in the ordinary course of business. In this case, you assign to us all claims in the amount of the invoice amount that arise from the resale and we accept the assignment. You are still authorized to collect the claim. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.
(4) If the reserved goods are combined or mixed, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
(5) We undertake to release the securities to which you are entitled at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. We are responsible for selecting the securities to be released.
§ 7 Liability
(1) We are liable without restriction for damages resulting from injury to life, body or health. Furthermore, we are liable without limitation in all cases of intent and gross negligence, in the event of fraudulent concealment of a defect, in the event of a guarantee for the quality of the purchased item and in all other cases regulated by law.
(2) Liability for defects within the scope of the statutory warranty is based on the corresponding regulation in our customer information (Part II) and General Terms and Conditions (Part I).
(3) If essential contractual obligations are affected, our liability in the event of slight negligence is limited to the foreseeable damage that is typical for the contract. Essential contractual obligations are essential obligations that arise from the nature of the contract and whose violation would jeopardize the achievement of the purpose of the contract as well as obligations that the contract imposes on us according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper implementation of the contract possible in the first place and on whose compliance you can regularly rely.
(4) If minor contractual obligations are breached, liability is excluded for slightly negligent breaches of duty.
(5) Given the current state of technology, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. In this respect, we are not liable for the constant or uninterrupted availability of the website and the services offered there.
§ 8 Choice of law, place of performance, place of jurisdiction
German law applies to the exclusion of the UN purchase law. The place of performance and place of jurisdiction is our registered office.
II. Additions to the general terms and conditions
Our General Terms and Conditions, which our customer agrees to when placing the order, apply exclusively, and also apply to future transactions, even if no express reference is made to them but they were received by the customer when an order was confirmed by us. If the order is placed deviating from our general terms and conditions, only our general terms and conditions apply, even if we do not object. Deviations therefore only apply if they have been expressly acknowledged by us in writing.
We are entitled to assign the claims arising from our contractual relationships.
German law applies exclusively to all contracts concluded between us, excluding the UN Convention on Contracts for the International Sale of Goods and conflict of law provisions of German law.
At our discretion, the place of jurisdiction is the headquarters of our company.
If the customer is in arrears with his payment obligations to us, all existing claims become due immediately.
We are entitled to assert our rights arising from the retention of title - in particular the return of the goods delivered under retention of title - without prior withdrawal from the respective purchase contract.
Offsetting by the customer with counterclaims is excluded unless the counterclaims are undisputed or legally established. The assertion of a right of retention by the customer is excluded unless it is based on the same contractual relationship or the counterclaims are undisputed or legally established.
2. Customer information
I. Identity of the Seller
Monopol Modevertriebs GmbH & Co. KG
Breslauerstr. 8th
41460 Neuss
Germany
Telephone : 0049-(0)2131-5244941
Email : online-shop@giuno.de
