GINSA® Essentials – Thermoflaschen & Mugs jetzt entdecken.

Terms of service

 

 

General Terms and Conditions (GTC)

1. Scope

 

The following General Terms and Conditions apply to all orders placed through our online shop by consumers and businesses.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession. A business is a natural or legal person or a legal partnership acting in the exercise of its commercial or independent professional activity when entering into a legal transaction.

For businesses, the following applies: If the business uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they shall only become part of the contract if we have expressly agreed to them.

 

2. Contract Partner, Conclusion of Contract, Correction Options

The purchase contract is concluded with GINSA GmbH.

By placing products in the online shop, we make a binding offer to conclude a contract for these products. You may initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order using the correction tools provided and explained during the ordering process.

The contract is concluded when you accept the offer for the products contained in the shopping cart by clicking the order button. Immediately after submitting the order, you will receive confirmation by email.

 

3. Contract Language and Storage of Contract Text

The language(s) available for concluding the contract: German, English.

We store the contract text and send you the order data and our Terms and Conditions in text form. For security reasons, the contract text is no longer accessible via the Internet.

 

4. Subject Matter of the Contract

The subject of the contract may include not only the one-time purchase of goods but also the conclusion of a goods subscription, i.e. a regular supply of physical products (“subscription”). If a subscription has been concluded, the special conditions under “Special Conditions for Subscriptions” apply.

4.1 Product Description

Reference is made to the applicability of the respective product description as an essential part of the contract.

4.2 Product Images

Without prejudice to your statutory warranty rights, we would like to point out the following special features. If you are uncertain, please contact us:

Due to individual screen configurations (e.g. resolution and brightness), slight deviations between the displayed and actual product colors may occur.


5. Requirements and Handling of Customer Content

5.1 Requirements

If it is necessary for the fulfillment of the order that you provide us with content (e.g. texts, data, files), the technical options and any applicable requirements are governed by the respective product description.

You are solely responsible for the content, including the legality and accuracy of the content you submit. We do not carry out any editorial review before executing the order.

5.2 Compliance with Applicable Law

The content and the products created from it must always comply with applicable legal regulations. In particular, they must not infringe any rights or claims of third parties (especially copyrights, trademarks, or other intellectual property rights), nor contain or serve violent, discriminatory, racist, xenophobic, immoral, or unconstitutional content.

5.3 Indemnification

You shall indemnify us against all claims by third parties arising from infringement of their rights through contractual use by us. You shall also bear the necessary legal defense costs including all court and attorney fees to the statutory extent.

5.4 Right of Withdrawal from the Contract

We reserve the right to reject the order or withdraw from the contract if the content provided by you violates legal or official prohibitions or common decency, or if there is a justified suspicion thereof.

 

6. Delivery Conditions

Delivery Options

We ship the products to the delivery address specified during the ordering process.

We only deliver by shipping. Unfortunately, self-collection is not possible.


7. Payment

7.1 Prices

The prices stated at the time of ordering apply. These are total prices and include statutory VAT.

7.2 Due Date and Default of Payment

The price is due upon conclusion of the contract unless a later date results from the following payment conditions.

For consumers: In the event of default in payment, we reserve the right to charge a fee of €1.50 for the second and each subsequent reminder notice.

For businesses: In the event of default in payment, we reserve the right to charge statutory default interest of nine percentage points above the base interest rate plus a flat-rate fee of €40.

7.3 Payment Methods

The following payment methods are generally available in our shop:

  • Credit Card
  • Apple Pay
  • Google Pay
  • Klarna
  • Purchase on Account via Klarna
  • PayPal
  • Sofort by Klarna

Further details regarding each payment provider and processing conditions apply as described during checkout.


8. Right of Withdrawal

Consumers are entitled to the statutory right of withdrawal as described in the cancellation policy. Businesses are not granted any voluntary right of withdrawal.


9. Retention of Title

The product remains our property until full payment has been made.

For businesses, the following additionally applies: We retain ownership of the product until all claims arising from an ongoing business relationship have been settled in full.


10. Transport Damage

For consumers: If goods are delivered with obvious transport damage, please report such defects to the carrier immediately and contact us without delay.

For businesses: The risk of accidental loss and accidental deterioration passes to you as soon as we have handed over the item to the carrier or other person designated to carry out the shipment.


11. Warranty and Guarantees

11.1 Liability for Defects

Unless expressly agreed otherwise below, statutory liability for defects applies.

The limitations and shortened periods stated below do not apply to claims arising from damages caused by us, our legal representatives, or agents:

  • injury to life, body, or health;
  • intentional or grossly negligent breach of duty;
  • breach of essential contractual obligations;
  • within the scope of a guarantee promise;
  • insofar as the Product Liability Act applies.

Limitations for Businesses

For businesses, only our own information and the manufacturer’s product descriptions incorporated into the contract shall be deemed agreed characteristics of the goods.

Notice to Merchants

The obligation to inspect and give notice of defects regulated in § 377 HGB applies to merchants.

11.2 Guarantees and Customer Service

Information on any additional guarantees and their exact conditions can be found with the respective product and on special information pages in the online shop.


12. Liability

We are always liable without limitation for claims arising from damages caused by us, our legal representatives, or agents:

  • in the event of injury to life, body, or health;
  • in the event of intentional or grossly negligent breach of duty;
  • in the event of guarantee promises;
  • insofar as the Product Liability Act applies.

In the event of a slightly negligent breach of essential contractual obligations, liability is limited to foreseeable damage typical for the contract.

Otherwise, claims for damages are excluded.

 

13. Special Conditions for Subscriptions

13.1 Contract Terms and Termination

Subscriptions are concluded for an indefinite period and may be terminated at any time with seven (7) days’ notice.

Termination for good cause remains unaffected.

13.2 Our Extraordinary Right of Termination

We also reserve the right to terminate the contract for good cause.

13.3 Payment

For subscriptions, only a selection of the payment methods listed above may be available.

13.4 Miscellaneous

Further provisions regarding prices and any discounts can be found with the subscription offers.

All information necessary for contract processing must always be current and truthful.

 

14. Dispute Resolution

The European Commission provides a platform for online dispute resolution (ODR), which you can find online.

We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

 

15. Final Provisions

If you are a business, German law shall apply excluding the UN Convention on Contracts for the International Sale of Goods.

If individual clauses of these Terms and Conditions are wholly or partially invalid, the remainder of the contract shall remain valid.