terms and conditions

1) Scope

1.1 These General Terms and Conditions (hereinafter “GTC”) of Genustasse (hereinafter “Seller”) apply to all contracts for the delivery of goods that a consumer or business (hereinafter “Customer”) enters into with the Seller regarding the goods displayed by the Seller in its online store. The inclusion of the Customer’s own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 For the purposes of these Terms and Conditions, a “consumer” is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their independent professional activity. For the purposes of these Terms and Conditions, a “business” is a natural or legal person, or a partnership with legal capacity, that acts in the course of its commercial or independent professional activity when entering into a legal transaction.

1.3 Depending on the Seller’s product description, the subject matter of the contract may be either the purchase of goods via a one-time delivery or the purchase of goods via a recurring delivery (hereinafter “Subscription Agreement”). Under the subscription agreement, the seller undertakes to deliver the contractually agreed goods to the customer for the duration of the agreed contract term at the contractually agreed intervals.

Incorrect address provided by the buyer: 

If the seller provides an incorrect address when placing an order, we are not obligated to refund the invoice amount until the shipment has been returned to us on its own. However, we do offer to redirect the shipment to the correct address; please contact us via email to arrange this. 

2) Conclusion of the Contract

2.1 The product descriptions contained in the Seller’s online store do not constitute binding offers on the part of the Seller, but are intended to enable the Customer to submit a binding offer.

2.2 The customer may submit an offer using the online order form integrated into the seller’s online store. After adding the selected items to the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding offer to enter into a contract for the items in the shopping cart by clicking the button that finalizes the order process.

2.3 The seller may 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 email), in which case the date the customer receives the order confirmation is decisive, or

- by delivering the ordered goods to the customer, in which case the date the goods are received by the customer is decisive, or

- by requesting payment from the customer after the customer has placed an order.

If more than one of the aforementioned alternatives applies, the contract is concluded at the time the first of these alternatives occurs. The period for accepting the offer begins on the day after the customer sends the offer and ends at the end 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 result that the customer is no longer bound by their declaration of intent.

2.4 If you select the “PayPal Express” payment method, payment processing is handled by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or—if the customer does not have a PayPal account—subject to the Terms for Payments Without a PayPal Account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer selects “PayPal Express” as the payment method during the online ordering process, by clicking the button that completes the ordering process, the customer simultaneously issues a payment order to PayPal. In this case, the seller hereby declares acceptance of the customer’s offer at the moment the customer initiates the payment process by clicking the button that completes the ordering process.

2.5 If the “Amazon Payments” payment method is selected, payment processing is handled by the payment service provider Amazon Payments Europe s.c.a., 5 Rue Plaetis, L-2338 Luxembourg (hereinafter: “Amazon”), subject to the Amazon Payments Europe Terms of Use, available at https://payments.amazon.de/help/201751590. If the customer selects “Amazon Payments” as the payment method during the online ordering process, by clicking the button that completes the ordering process, the customer simultaneously issues a payment order to Amazon. In this case, the seller hereby declares its acceptance of the customer’s offer at the moment the customer initiates the payment process by clicking the button that completes the ordering process.

2.6 When a customer submits an offer via the Seller’s online order form, the Seller will save the contract text and send it to the customer in writing (e.g., via email, fax, or letter) along with these Terms and Conditions after the customer submits their order. However, once the customer has submitted their order, they will no longer be able to access the contract text via the Seller’s website.

2.7 Before submitting a binding order via the Seller’s online order form, the Customer can identify any input errors by carefully reading the information displayed on the screen. An effective technical tool for better identifying input errors can be the browser’s zoom function, which enlarges the display on the screen. During the electronic ordering process, the customer can correct their entries using standard keyboard and mouse functions until they click the button that completes the ordering process.

2.8 The contract may be concluded exclusively in German.

2.9 Order processing and communication generally take place via email and automated order processing. The customer must ensure that the email address provided for order processing is accurate so that emails sent by the seller can be received at that address. In particular, if the customer uses spam filters, they must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

3) Right of Withdrawal

3.1 Consumers generally have the right to cancel.

3.2 Further information regarding the right of withdrawal can be found in the seller’s cancellation policy.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the seller’s product description, the prices listed are total prices that include the applicable sales tax. Any additional delivery and shipping costs will be listed separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs associated with money transfers through financial institutions (e.g., transfer fees, exchange rate fees) or import duties and taxes (e.g., customs duties). Such costs may also arise in connection with the transfer of funds even if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

4.3 The payment option(s) will be communicated to the customer in the seller’s online store.

4.4 When paying via a payment method offered by PayPal, payment processing is handled by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Service, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or—if the customer does not have a PayPal account—subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

4.5 If the “SOFORT” payment method is selected, payment processing is handled by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter “SOFORT”). To pay the invoice amount via “SOFORT,” the customer must have an online banking account activated for participation in “SOFORT” that uses PIN/TAN authentication, must authenticate themselves accordingly during the payment process, and must confirm the payment instruction to “SOFORT.” The payment transaction is executed immediately thereafter by “SOFORT” and the customer’s bank account is debited. The customer can find more detailed information about the “SOFORT” payment method online at https://www.klarna.com/sofort/.

4.6 If you select credit card as the payment method, the invoice amount is due immediately upon conclusion of the contract. Credit card payments are processed in cooperation with secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.ag), to which the provider assigns its payment claim. secupay AG will collect the invoice amount from the customer’s specified 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 submitted in the online store. Even when the payment method selected is credit card payment via secupay AG, the provider remains responsible for general customer inquiries, e.g., regarding the goods, delivery time, shipping, returns, complaints, notices of withdrawal and related correspondence, or credit notes.

5) Delivery and Shipping Terms

5.1 Unless otherwise agreed, goods are shipped to the delivery address provided by the customer. For the purposes of processing the transaction, the delivery address specified in the seller’s order processing system shall apply. Notwithstanding the foregoing, if PayPal is selected as the payment method, the delivery address provided by the customer to PayPal at the time of payment shall apply.

5.2 If the carrier returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs of 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 offered service, unless the seller had notified the customer of the service a reasonable time in advance. Furthermore, this does not apply with respect to the costs of the initial shipment if the customer effectively exercises their right of withdrawal. With regard to return shipping costs, the provisions set forth in the seller’s cancellation policy shall apply if the customer effectively exercises their right of cancellation.

5.3 For logistical reasons, self-pickup is not possible.

5.4 What happens if a package is refused? If a package is refused after it has already been shipped, we reserve the right to retain 30% of the purchase price to cover logistics costs. The remaining 70% will be refunded directly to the customer. 

6) Contract Term and Termination of Subscription Contracts

6.1 Subscription agreements are entered into for an indefinite term and may be terminated by the customer at the end of any month.

6.2 The right to terminate the contract for cause remains unaffected. Cause exists if, taking into account all the circumstances of the individual case and weighing the interests of both parties, the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination date or until the expiration of a notice period.

6.3 Notices of termination must be given in writing or in text form (e.g., by email).

7) Retention of Title

If the seller delivers the goods in advance, the seller retains title to the delivered goods until the purchase price owed has been paid in full.

8) Liability for Defects (Warranty)

8.1 If the purchased item is defective, the provisions of statutory liability for defects shall apply.

8.2 Notwithstanding the foregoing, the following applies to used goods: Claims for defects are excluded if the defect arises more than one year after delivery of the goods. Defects that arise within one year of delivery of the goods may be asserted within the statutory limitation period. However, the reduction of the liability period to one year does not apply

- for items that have been used in a building in accordance with their normal intended use and have caused defects in the building,

- for the customer’s claims for damages and reimbursement of expenses, as well as

- if the seller fraudulently concealed the defect.

8.3 The customer is requested to file a complaint with the delivery service regarding any goods delivered with obvious shipping damage and to notify the seller of this. Failure to do so shall have no effect on the customer’s statutory or contractual claims for defects.

9) Redeeming promotional coupons

9.1 Vouchers issued free of charge by the Seller as part of promotional campaigns with a specific validity period, which cannot be purchased by the Customer (hereinafter “Promotional Vouchers”), may only be redeemed in the Seller’s online store and only during the specified period.

9.2 Promotional coupons may only be redeemed by consumers.

9.3 Certain products may be excluded from the coupon promotion if such a restriction is specified in the terms of the promotional coupon.

9.4 Promotional coupons can only be redeemed before the order process is completed. They cannot be applied retroactively.

9.5 Only one promotional coupon may be redeemed per order.

9.6 The value of the merchandise must be at least equal to the amount of the promotional voucher. The seller will not refund any remaining balance.

9.7 If the value of the promotional coupon is not sufficient to cover the order, one of the other payment methods offered by the seller may be selected to pay the remaining balance.

9.8 The value of a promotional voucher cannot be redeemed for cash and does not accrue interest.

9.9 The promotional voucher will not be refunded if the customer returns goods paid for in whole or in part with the promotional voucher under their statutory right of withdrawal.

9.10 The promotional voucher is intended solely for use by the person named on it. The promotional voucher may not be transferred to third parties. The seller is entitled, but not obligated, to verify the eligibility of the respective voucher holder.

10) Governing Law

All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws on the international sale of goods. With respect to consumers, this choice of law shall apply only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.

11) Alternative Dispute Resolution

11.1 The European Commission provides an online dispute resolution platform at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a point of contact for the out-of-court resolution of disputes arising from online sales or service contracts involving a consumer.

11.2 The Seller is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.#

12)

Refund Policy

Please note that once an order has been placed, it cannot be modified or canceled before delivery.

All orders are processed immediately to ensure on-time delivery.

What does the customer need to do to get a refund?

To return your item, please notify us of your decision by sending an email to [genusstasse@gmx.de]. You will then receive all additional information regarding the return via email. After that, the items must be returned to our International Returns Center at your own expense.

Who covers the costs?

The buyer is responsible for the return shipping costs.

When can the customer expect a refund?

A refund will be issued within 14 days of receiving the returned item via the original payment method.

Consequences of the revocation

If you cancel this contract, we will refund all payments we have received from you, including delivery costs (with the exception of any additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), without delay and no later than fourteen days from the date we receive notice of your cancellation of this contract.  We may withhold the refund until we have received the goods back. The deadline is met if you send the goods back before the fourteen-day period expires. You are responsible for the direct costs of returning the goods. You are only liable for any diminished value of the goods if this diminished value results from handling the goods in a manner not necessary for testing their condition, properties, and functionality.

We only accept returns that are in perfect condition and have not been used.