Standard Business Terms and customer information
§ 1 Basic provisions
(1) The following business terms are applicable to all the contracts, which you conclude with us as a supplier (Gemini Schuhproduktions- und Vertriebs GmbH) via the https://www.gemini-schuhe.de website. Unless otherwise agreed upon, the inclusion, if necessary, of your own conditions is ruled out.
(2) A ‘consumer' in the sense of the following regulations is every natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities. The term ‘businessman' refers to every natural person, legal person or legally responsible partnership that concludes a legal transaction in pursuance of his/its independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject-matter of the contract is the selling of products.
(2) As soon as you place the respective product on our website, we shall submit to you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description.
(3) The purchase agreement takes place via the online shopping cart system as follows:
The products intended for purchase are moved to the "shopping cart". You can select the shopping cart using the appropriate buttons on the navigation bar 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, you are finally shown the order data again as an order overview.
If you use an instant payment system (e.g. PayPal/PayPal Express, Amazon Payments, instant transfer) as your payment method, you will either be taken to the order overview page in our online shop or forwarded to the website of the provider of the instant payment system.
If you are forwarded to the relevant instant payment system, choose and/or enter your data as appropriate. Finally, on the website of the provider of the instant payment system or, after you have been directed back to our online shop, the order data will be displayed as an order overview. Before submitting the order, you have the option once more to review or change (you may also use the "Back" button on your web browser) any information on the order summary page, or to cancel the purchase.
By clicking the "Place order in conjunction with a liability to pay" button to submit the order, you declare acceptance of the order in a legally binding way by which the purchase agreement takes place.
(4) You are not bound by your enquiries regarding the creation of an offer that have been conveyed to us. We supply you with a textual and binding offer (e.g. via e-mail), which you can accept within a period of 5 days.
(5) The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via e-mail, in a partially-automated manner. Consequently, you have to ensure that the e-mail address that you have deposited with us is the correct one, and that the receipt of the respective e-mails is guaranteed. In particular, you have to ensure that the respective e-mails are not blocked by a SPAM filter.
§ 3 Special agreements related to the offered payment methods
(1) Validity check
If we pay in advance, e.g. when paying an invoice or a debit note, your data will be forwarded to SCHUFA Holding AG, Komoranweg 5, 65201 Wiesbaden, for a validity check using a mathematical-statistic process in order to safeguard our authorised interests. We reserve the right to reject the mode of payment of an invoice or debit note on the basis of the results of the validity check.
(2) Purchase on account via Billpay
In case of a purchase on account transaction, the billing amount is payable to our external partner Billpay GmbH on the calendar day specified in the invoice (20 or 30 calendar days after the billing date). The ‘purchase on account' payment method is not available for all offers. It requires, among other things, that a successful credit assessment be carried out by Billpay GmbH.
If, after the credit rating has been checked, you are permitted to use the ‘purchase on account' method for specific offers, the payment is executed in collaboration with Billpay GmbH, to whom we cede our payment claim. In such a case, you can only make debt-discharging payments to Billpay GmbH.Even in case of a purchase on account transaction that is carried out via Billpay, we remain responsible for general customer enquiries (e.g. enquiries regarding the product, delivery period and shipping), return shipments, complaints, declarations of revocation, revocation consignments and credit notes.
The standard business terms of Billpay GmbH (http://www.billpay.de/allgemein/datenschutz/) are applicable.
(3) Purchase via debit note using Billpay; SEPA direct debit mandate; processing fee for return debit notes
(a) If the purchase is being made via a debit note using Billpay, the payment amount immediately becomes payable via a collection operation that is carried out by our external partner (Billpay GmbH https://www.billpay.de/endkunden/) and which is directed towards the cheque account that was specified within the framework of the ordering process and which is associated with the specified credit institution (the cheque account). You hereby award Billpay GmbH an SEPA direct debit mandate for the collection of payments that are due and instruct your bank to honour the debit notes. The creditor identification number of Billpay is DE19ZZZ00000237180. The mandate reference number is imparted to you at a later stage via e-mail, along with a template for a written mandate. In addition, you shall sign this written mandate and send it to Billpay.
Please note: You are, within a period of eight weeks beginning from the debit date, entitled to demand that the debited amount be refunded. The conditions that have been agreed upon with your bank shall apply. Please note that the payable debt claim remains in force even if the situation in question involves a return debit note. Further information can be found at https://www.billpay.de/sepa/
The preliminary information regarding the collection of the SEPA debit note is given to you at least one day before the due date, and this is done via an e-mail that is sent to the e-mail address that you had specified during the ordering process.
If the cheque account does not possess the required covering funds, the credit institution maintaining the account is not subject to a payment obligation. Partial payments cannot be made within the framework of the direct debit scheme.
b) The ‘purchase via debit note' payment method is not available for all offers. It requires, among other things, that a successful credit assessment be carried out by Billpay GmbH as well as a cheque account in Germany. If, after the credit rating has been checked, you are permitted to use the ‘purchase via debit note' method for specific offers, the payment is executed in collaboration with Billpay GmbH, to whom we cede our payment claim. In such a case, you can only make debt-discharging payments to Billpay GmbH. Even in case of a purchase via debit note transaction that is carried out via Billpay, we remain responsible for general customer enquiries (e.g. enquiries regarding the product, delivery period and shipping), return shipments, complaints, declarations of revocation, revocation consignments and credit notes. The standard business terms of Billpay GmbH (http://www.billpay.de/allgemein/datenschutz/) are applicable.
(c) By specifying the cheque account, you confirm that you are entitled to carry out direct debit operations vis-à-vis the cheque account in question, and will take care of the necessary cover. Return debit notes are, from our point of view and Billpay GmbH, associated with significant amounts of efforts and high costs. In a situation involving a return debit note (in the absence of the required covering funds in the cheque account, on account of the expiry of the cheque account, or an unauthorised objection raised by the account-holder), you authorise Billpay to once again include the debit note for the respective use payment obligation. In such a case, you are under obligation to pay the costs arising through the return debit note. Further-reaching claims shall remain reserved. You have the option of producing evidence to show that the return debit note resulted in lower costs, or that it did not result in any costs at all. In view of the efforts and costs associated with return debit notes, and in order to avoid having to pay the processing fee, you are requested to not contradict the debit note in a situation involving a revocation, a withdrawal from the purchase contract, a return delivery or a reclamation. In such a situation, after an agreement has been reached with us, a reverse transaction takes place for the payment, and this occurs via a credit note or the refunding of the corresponding amount.
Payment options from Klarna
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is always made to Klarna:
- On account: The payment term is 14 days from the date of dispatch of the goods/tickets or, in case of other services, from the date the service is made available. For full conditions of on account purchases for countries where this payment method is available, please click here: Germany, Austria.
- Instant bank transfer: Available in Germany. Your account will be debited immediately after placing the order. The use of the on account and/or in instalments and/or direct debit payment methods requires a positive credit check. In this respect, we will forward your data to Klarna for the purpose of address and creditworthiness checks before we can accept the purchase and issue the purchase agreement. Please understand that we can only offer you those payment methods that are permitted based on the results of the credit check.
§ 4 Right of retention, reservation of proprietary rights
(1) You can only exercise a right of retention if the situation in question involves claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price is paid in full.
§ 5 Warranty
(1) The statutory warranty rights are applicable.
(2) As a consumer, you are requested to promptly check the product for completeness, visible defects and transport damage as soon as it is delivered, and promptly disclose your complaints to us and the shipping company in writing. Even if you do not comply with this request, it shall have no effect on your legal warranty claims.
(3) If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed to be agreed if you were informed of the same by us before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
§ 6 Choice of law, place of fulfilment, jurisdiction
(1) German law shall apply. This choice of law only applies to customers if it does not result in the revocation of the protection guaranteed by the mandatory provisions of the law of the country in which the respective customer's usual place of residence is located (benefit-of-the-doubt principle).
(2) If you are not a consumer, but a businessman, a legal entity under public law or an institutional fund governed by public law, our place of business is the place of jurisdiction as well as the place of fulfilment for all services that follow from the business relationships that exist with us. The same condition applies to situations in which you are not associated with a general place of jurisdiction in Germany or the EU, as well as situations in which the place of residence or the usual place of residence is not known at the time of commencement of proceedings. This has no bearing on the capacity to call upon the court associated with another place of jurisdiction.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly inapplicable.
II. Customer information
1. Identity of the seller
Gemini Schuhproduktions- und Vertriebs GmbH
Alternative dispute resolution:
The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be viewed under https://ec.europa.eu/odr.
We are not willing to enter into dispute resolution proceedings before the consumer arbitration board.
2. Information regarding the conclusion of the contract
The technical steps associated with the conclusion of the contract, the contract conclusion itself and the correction options are executed in accordance to the regulations "conclusion of the contract" in our standard business terms (part I.).
3. Contractual language, saving the text of the contract
3.1 Contract language shall be English.
3.2 The complete text of the contract is not saved with us. Before the order is sent, via the online - shopping cart system the contract data can be printed out or electronically saved using the browser's print function. After the order is received by us, the order data, the legally-mandated details related to distance selling contracts and the standard business terms are re-sent to you via e-mail.
3.3 You will be sent all contractual information within the framework of a binding offer in written form, via E-mail for example, for quotation requests outside of the online shopping basket system, which can be printed out or saved electronically in a secure manner.
4. Codes of conduct
4.1 We are voluntarily subject to the Käufersiegel quality criteria of Händlerbund Management AG which can be viewed at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf.
5. Main features of the product or service
The key features of the goods and/or services can be found in the respective quote.
6. Prices and payment arrangements
6.1 The prices mentioned in the respective offers represent total prices, as do the shipping costs. They include all the price components, including all the incidental taxes.
6.2 The dispatch costs that are incurred are not included in the purchase price. They can be viewed by clicking the appropriate button on our website or in the respective quote, are shown separately over the course of the order transaction and must additionally be borne by you, insofar as free delivery is not confirmed.
6.3 If delivery is made to countries outside of the European Union, we may incur unreasonable additional costs, such as duties, taxes or money transfer fees (transfer or foreign exchange fees charged by the banks), which you must bear.
6.4 You must also bear the costs arising from money transfers in cases in which the delivery is made to an EU Member State, but the payment is initiated outside of the European Union.
6.5 The payment methods that are available to you are shown by clicking the appropriate button on our website or are disclosed in the respective quote.
6.6 Unless otherwise specified for the respective payment methods, the payment claims arising from the contract that has been concluded become payable immediately.
7. Delivery conditions
7.1 The delivery conditions, delivery date and existing supply restrictions, if applicable, can be found by clicking the appropriate button on our website or in the respective quote.
7.2 If you are a consumer, the following is statutorily regulated: The risk of the sold item accidentally being destroyed or degraded during shipping only passes over to you when the item in question is delivered, regardless of whether or not the shipping operation is insured. This condition does not apply if you have independently commissioned a transport company that has not been specified by us or a person who has otherwise been appointed to execute the shipping operation.
8. Statutory warranty right
Liability for defects is governed by the "Warranty" provisions in our General Terms and Conditions of Business (Part I).
These SBTs and customer details were created by the lawyers specialising in IT law who work for the Händlerbund, and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and assumes liability in case warnings are issued. More detailed information can be found on the following website: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.
last update: 01.01.2022