{"id":8347,"date":"2020-12-09T18:12:02","date_gmt":"2020-12-09T16:12:02","guid":{"rendered":"https:\/\/www.gecleant.de\/conditions\/"},"modified":"2022-05-18T10:31:41","modified_gmt":"2022-05-18T08:31:41","slug":"conditions","status":"publish","type":"page","link":"https:\/\/www.gecleant.de\/en\/conditions\/","title":{"rendered":"Conditions"},"content":{"rendered":"\t\t<div data-elementor-type=\"wp-page\" data-elementor-id=\"8347\" class=\"elementor elementor-8347 elementor-2459\" data-elementor-post-type=\"page\">\n\t\t\t\t\t\t<section class=\"elementor-section elementor-top-section elementor-element elementor-element-371c7c5b elementor-section-boxed elementor-section-height-default elementor-section-height-default\" data-id=\"371c7c5b\" data-element_type=\"section\" data-e-type=\"section\">\n\t\t\t\t\t\t<div class=\"elementor-container elementor-column-gap-default\">\n\t\t\t\t\t<div class=\"elementor-column elementor-col-100 elementor-top-column elementor-element elementor-element-20c90e4c\" data-id=\"20c90e4c\" data-element_type=\"column\" data-e-type=\"column\">\n\t\t\t<div class=\"elementor-widget-wrap elementor-element-populated\">\n\t\t\t\t\t\t<div class=\"elementor-element elementor-element-6ba8a3c7 elementor-widget elementor-widget-text-editor\" data-id=\"6ba8a3c7\" data-element_type=\"widget\" data-e-type=\"widget\" data-widget_type=\"text-editor.default\">\n\t\t\t\t<div class=\"elementor-widget-container\">\n\t\t\t\t\t\t\t\t\t<p><span class=\"gecleant_Titel\"><strong>General terms and conditions and customer information<\/strong><\/span><\/p><p><span class=\"gecleant_Paragraph\"><strong>I. General terms and conditions<\/strong><\/span><\/p><p><span class=\"gecleant_Paragraph\"><strong>\u00a7 1 Basic Provisions<\/strong><\/span><\/p><p><span class=\"gecleant_Absatz\"><strong>(1)<\/strong> The following terms and conditions apply to contracts that you enter into with us as a supplier<strong> (Stefan von Ryssel)<\/strong> close via the website www.gecleant.de. Unless otherwise agreed, the inclusion of your own conditions that may have been used by you is contradicted.<\/span><\/p><p><span class=\"gecleant_Absatz\"><strong>(2)<\/strong> A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity. Entrepreneur is any natural or legal person or a legal partnership who, when concluding a legal transaction, is exercising their independent professional or commercial activity.<\/span><\/p><p><span class=\"gecleant_Paragraph\"><strong>\u00a7 2 Conclusion of the contract<\/strong><\/span><\/p><p><span class=\"gecleant_Absatz\"><strong>(1)<\/strong> Subject of the contract is the sale of goods<\/span><span class=\"gecleant_Absatz\"> .<\/span><\/p><p><span class=\"gecleant_Absatz\"><strong>(2)<\/strong> As soon as the respective product is posted on our website, we are submitting a binding offer to conclude a contract for the online shopping cart system under the conditions specified in the item description.<\/span><\/p><p><span class=\"gecleant_Absatz\"><strong>(3)<\/strong> The contract is concluded via the online shopping cart system as follows:<br>The goods intended for purchase are placed in the &#8220;shopping cart&#8221;. You can use the corresponding button in the navigation bar to open the &#8220;shopping cart&#8221; and make changes there at any time.<br>After calling up the &#8220;Checkout&#8221; page and entering your personal data as well as the terms of payment and shipping, the order data will then be displayed as an order overview.<\/span><\/p><p><span class=\"gecleant_Absatz\">If you use an instant payment system (e.g. PayPal \/ PayPal Express, Stripe, Sofort\u00fcberweisung) as a payment method, you will either be directed to the order overview page in our online shop or forwarded to the website of the provider of the instant payment system.<br>If you are forwarded to the respective instant payment system, make the appropriate selection or enter your data there. Finally, the order data will be displayed as an order overview on the website of the provider of the instant payment system or after you have been redirected to our online shop.<\/span><\/p><p><span class=\"gecleant_Absatz\">Before submitting the order, you have the option of checking the information in the order overview again, changing it (also using the &#8220;back&#8221; function of the Internet browser) or canceling the order. <\/span><br><span class=\"gecleant_Absatz\">By submitting the order using the &#8220;Buy&#8221; button, you declare your legally binding acceptance of the offer, whereby the contract is concluded. <\/span><\/p><p><span class=\"gecleant_Absatz\"><strong>(4)<\/strong> Your inquiries to prepare an offer are non-binding for you. We will make you a binding offer in text form (e.g. by email), which you can accept within 5 days (unless a different period is specified in the respective offer).<\/span><\/p><p><span class=\"gecleant_Absatz\"><strong>(5)<\/strong> The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have stored with us is correct, that the receipt of e-mails is technically ensured and, in particular, is not prevented by SPAM filters.<\/span><\/p><p><span class=\"gecleant_Paragraph\"><strong>\u00a7 3<\/strong><strong> Individually designed goods<\/strong><\/span><\/p><p><strong><span class=\"gecleant_Absatz\">(1)  <\/span><\/strong><span class=\"gecleant_Absatz\">You provide us with the appropriate information, texts or files required for the individual design of the goods via the online ordering system or by email at the latest immediately after the conclusion of the contract. Our possible specifications on file formats must be observed.<br><\/span><br><strong><span class=\"gecleant_Absatz\">(2)<\/span><\/strong><span class=\"gecleant_Absatz\"> You undertake not to transmit any data whose content violates the rights of third parties (in particular copyrights, naming rights, trademark rights) or violates existing laws. You expressly indemnify us against all third party claims asserted in this context. This also applies to the costs of legal representation required in this context.<br><\/span><br><strong><span class=\"gecleant_Absatz\">(3)<\/span><\/strong><span class=\"gecleant_Absatz\"> We do not check the transmitted data for correctness and in this respect accept no liability for errors.<\/span><\/p><p><span class=\"gecleant_Paragraph\"><strong>\u00a7 4 Special agreements on the payment methods offered<\/strong><\/span><\/p><p><span class=\"gecleant_Absatz\"><strong>(1) Payment via Stripe<\/strong><br>In collaboration with <a href=\"https:\/\/stripe.com\" target=\"_blank\" rel=\"noopener noreferrer nofollow\">Stripe, Inc. 510 Townsend Street San Francisco, CA 94103, USA)<\/a>, we offer the following payment options. Payment is made to Stripe: https:\/\/www.stripe.com<\/span><\/p><p><span class=\"gecleant_Absatz\"><strong>Instant bank transfer:<\/strong> Available in Germany and Austria. Your account will be debited immediately after you have placed your order.<\/span><\/p><p><span class=\"gecleant_Absatz\"><strong>(2) SEPA-Stripe direct debit (basic and \/ or company direct debit)<\/strong><br>When paying by SEPA core direct debit or by SEPA corporate direct debit, you authorize us to collect the invoice amount from the specified account by issuing a corresponding SEPA mandate. <\/span><br><span class=\"gecleant_Absatz\">The direct debit is collected within 10 days of the conclusion of the contract.<\/span><br><span class=\"gecleant_Absatz\">The deadline for submitting the pre-notification will be shortened to 5 days before the due date. You are obliged to ensure that the account has sufficient funds on the due date. In the case of a return debit due to your fault, you have to bear the bank fee.<\/span><\/p><p><span class=\"gecleant_Absatz\">For more information and Stripes Terms of Use, see<a href=\"https:\/\/stripe.com\/de\/legal\" target=\"_blank\" rel=\"noopener noreferrer nofollow\"> here<\/a> . Please contact Stripe for general information<a href=\"https:\/\/stripe.com\/de\" target=\"_blank\" rel=\"noopener noreferrer nofollow\"> here<\/a> . Your personal details will be processed by Stripe in accordance with the applicable data protection regulations and in accordance with the information in<a href=\"https:\/\/stripe.com\/de\/legal\" target=\"_blank\" rel=\"noopener noreferrer nofollow\"> Stripes privacy policy<\/a> treated.<\/span><\/p><p><strong><span class=\"gecleant_Paragraph\">\u00a7 5 right of retention<\/span><\/strong><strong><span class=\"gecleant_Paragraph\"> , Retention of title<\/span><\/strong><\/p><p><span class=\"gecleant_Absatz\"><strong>(1)<\/strong> You can only exercise a right of retention if it concerns claims from the same contractual relationship.<\/span><\/p><p><span class=\"gecleant_Absatz\"><strong>(2)<\/strong> The goods remain our property until the purchase price has been paid in full.<\/span><\/p><p><span class=\"gecleant_Absatz\"><strong>(3)<\/strong> If you are an entrepreneur, the following also applies:<\/span><\/p><p>a) We reserve title to the goods until all claims from the current business relationship have been settled in full. Pledging or security transfer is not permitted prior to the transfer of ownership of the reserved goods.<\/p><p>b) 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 accrue to you from the resale, we accept the assignment. You are further authorized to collect the claim. However, if you fail to properly meet your payment obligations, we reserve the right to collect the claim ourselves.<\/p><p>c) When combining and mixing the reserved goods, 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.<\/p><p>d) We undertake to release the securities to which we 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%. The selection of the securities to be released is incumbent on us.<\/p><p><strong><span class=\"gecleant_Paragraph\">\u00a7 6 Warranty<\/span><\/strong><\/p><p><span class=\"gecleant_Absatz\"><strong>(1)<\/strong> The statutory warranty rights apply.<\/span><\/p><p><strong><span class=\"gecleant_Absatz\">(2)<\/span><\/strong><span class=\"gecleant_Absatz\"> As a consumer, you are requested to check the item for completeness, obvious defects and transport damage immediately upon delivery and to notify us and the carrier of any complaints as soon as possible. If you fail to do so, this has no effect on your statutory warranty claims.<\/span><\/p><p><span class=\"gecleant_Absatz\"><strong>(3)<\/strong> If you are an entrepreneur, the following applies in deviation from the above warranty regulations:<\/span><\/p><p><strong>a)<\/strong> Only our own information and the manufacturer&#8217;s product description are deemed to be agreed as the quality of the item, but not other advertising, public promotions and statements by the manufacturer.<\/p><p><strong>b)<\/strong> In the event of defects, we guarantee, at our option, repair or subsequent delivery. If the elimination of the defect fails, you can either request a reduction in price or withdraw from the contract. The rectification of defects is deemed to have failed after an unsuccessful second attempt, unless something else results in particular from the nature of the item or the defect or the other circumstances. In the case of repairs, we do not have to bear the increased costs that arise from the shipment of the goods to a location other than the place of performance, provided that the shipment does not correspond to the intended use of the goods.<\/p><p><strong>c)<\/strong> The warranty period is one year from date of delivery. The shortening of the deadline does not apply:<\/p><p><span class=\"gecleant_Absatz\">&#8211; culpably caused damage attributable to us from injury to life, body or health and in the case of other damage caused intentionally or through gross negligence;<\/span><br><span class=\"gecleant_Absatz\">&#8211; as far as we have fraudulently concealed the defect or have given a guarantee for the quality of the item;<\/span><br><span class=\"gecleant_Absatz\">&#8211; for things that have been used for a building in accordance with their normal use and have caused its defectiveness;<\/span><br><span class=\"gecleant_Absatz\">&#8211; In the case of legal recourse claims that you have against us in connection with warranty rights.<\/span><\/p><p><strong><span class=\"gecleant_Paragraph\">\u00a7 7 choice of law<\/span><\/strong><\/p><p><span class=\"gecleant_Absatz\"><strong>(1)<\/strong> German law applies. For consumers, this choice of law only applies insofar as this does not remove the protection granted by mandatory provisions of the law of the state in which the consumer is habitually resident (favourability principle).<\/span><\/p><p><span class=\"gecleant_Absatz\"><strong>(2)<\/strong> The provisions of the UN sales law expressly do not apply.<\/span><\/p><hr><p><span class=\"gecleant_Absatz\"><br><strong><span class=\"gecleant_Paragraph\">II. Customer information <\/span><\/strong><\/span><\/p><p><span class=\"gecleant_Paragraph\"><strong>1. Identity of the seller<\/strong><\/span><\/p><p>Stefan von Ryssel<br>Im Zipfel 5<br>04159 Leipzig<br>Germany<br>Telephone: +4934146387532<br>Email: info@gecleant.com<\/p><p><strong>Alternative dispute resolution:<\/strong><br>The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at<a href=\"https:\/\/ec.europa.eu\/odr\" target=\"_blank\" rel=\"noopener noreferrer nofollow\"> https:\/\/ec.europa.eu\/odr<\/a> .<\/p><p><strong><span class=\"gecleant_Paragraph\">2. Information on the formation of the contract<\/span><\/strong><\/p><p>The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions &#8220;Conclusion of the contract&#8221; of our General Terms and Conditions (Part I.)<\/p><p><span class=\"gecleant_Paragraph\"><strong>3. Contract language, contract text storage<\/strong><\/span><\/p><p>3.1. The contract language is German.<\/p><p>3.2. We do not save the full text of the contract. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically saved using the browser&#8217;s print function. After we have received the order, the order data, the information required by law for distance selling contracts and the general terms and conditions will be sent to you again by email.<\/p><p>3.3. For requests for offers outside of the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g. by email, which you can print out or save electronically.<\/p><p><strong><span class=\"gecleant_Paragraph\">4. Essential characteristics of the product or service<\/span><\/strong><\/p><p>The essential characteristics of the goods and \/ or services can be found in the respective offer.<\/p><p><strong><span class=\"gecleant_Paragraph\">5. Prices and payment methods<\/span><\/strong><\/p><p>5.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They contain all price components including all applicable taxes.<\/p><p>5.2. The shipping costs are not included in the purchase price. They can be called up via a correspondingly labeled button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you in addition, unless free delivery has been promised.<\/p><p>5.3. If the delivery is made to countries outside the European Union, we may incur additional costs for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of the credit institutions), which you must bear.<\/p><p>5.4. Any costs incurred for transferring money (transfer or exchange rate fees of the credit institutions) are to be borne by you in cases in which the delivery is made to an EU member state, but the payment has been initiated outside the European Union.<\/p><p>5.5. The payment methods available to you are shown under a corresponding button on our website or in the respective offer.<\/p><p>5.6. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.<\/p><p><strong><span class=\"gecleant_Paragraph\">6. Terms of delivery<\/span><\/strong><\/p><p>6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a corresponding button on our website or in the respective offer.<\/p><p>6.2. As far as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the goods sold during shipment is only transferred to you when the goods are handed over, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person appointed to carry out the shipment.<\/p><p>If you are an entrepreneur, delivery and dispatch are at your own risk.<\/p><p><strong><span class=\"gecleant_Paragraph\">7. Statutory warranty rights <\/span><\/strong><\/p><p>The liability for defects is based on the &#8220;Warranty&#8221; provision in our General Terms and Conditions (Part I).<\/p><p>These terms and conditions and customer information were created by the lawyers of the H\u00e4ndlerbund who specialize in IT law and are constantly checked for legal conformity. The H\u00e4ndlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings.<\/p><p>last update: 18.05.2022<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t<\/div>\n\t\t","protected":false},"excerpt":{"rendered":"<p>General terms and conditions and customer information I. General terms and conditions \u00a7 1 Basic Provisions (1) The following terms and conditions apply to contracts that you enter into with us as a supplier (Stefan von Ryssel) close via the website www.gecleant.de. Unless otherwise agreed, the inclusion of your own conditions that may have been [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-8347","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/www.gecleant.de\/en\/wp-json\/wp\/v2\/pages\/8347","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.gecleant.de\/en\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/www.gecleant.de\/en\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/www.gecleant.de\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.gecleant.de\/en\/wp-json\/wp\/v2\/comments?post=8347"}],"version-history":[{"count":0,"href":"https:\/\/www.gecleant.de\/en\/wp-json\/wp\/v2\/pages\/8347\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.gecleant.de\/en\/wp-json\/wp\/v2\/media?parent=8347"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}