General Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 Fundamental Provisions

(1) The following terms and conditions apply to contracts that you conclude with us as a provider (Volker Kraffzik) via the website http://gelosol.com. Unless otherwise agreed, the inclusion of any terms and conditions you may use is expressly excluded.

(2) A consumer is any natural person who enters into a legal transaction for purposes that are predominantly not attributable to their commercial or independent professional activity. An entrepreneur is any natural or legal person, or a legally capable partnership, acting in the exercise of their independent professional or commercial activity when concluding a legal transaction.

§ 2 Conclusion of the Contract

Your order constitutes an offer to GeloSol, Inh. Volker Kraffzik to conclude a purchase contract. Once your order is placed, we will send you a message confirming its receipt. This message (order confirmation) will list all details of your purchase but does not constitute acceptance of your offer. It merely informs you that we have received your order.

The purchase contract is only concluded when we dispatch the ordered goods and confirm the shipment via an additional email (shipping confirmation). In some cases, the ordered goods may be shipped in multiple packages or separate shipments. In such cases, a separate purchase contract is concluded for each shipment based on the corresponding shipping confirmation.

The contractual partner is GeloSol (Inh. Volker Kraffzik). You may cancel your order at any time before receiving the shipping confirmation (sent via email). To cancel your order, you must submit a written request to info @ gelosol.com.

This right to cancellation does not apply to customized products specifically tailored to your project. In such cases, only our right of withdrawal applies.

The invoice for the shipped goods will be sent to you via email. You agree to this invoicing process.

§ 3 Special Agreements on Payment Methods

(1) Payment via Klarna

In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. In all cases, payment is made directly to Klarna:

Invoice: The payment period is 14 days from the shipment of the goods, ticket, or, in the case of other services, from the provision of the service. You can find the full invoicing terms for the countries where this payment option is available here: Germany.

 

Installment purchase: With Klarna's financing service, you can pay for your purchase in fixed or flexible monthly installments under the conditions specified at checkout. Installment payments are due at the end of each month after Klarna issues a monthly invoice. You can find more information about installment purchases, including the general terms and conditions and the European standard information for consumer credit, in the countries where this payment method is available here: Germany.

Instant bank transfer: Available in Germany. The charge to your bank account occurs immediately after placing the order.

Direct debit: The debit is processed after the goods are shipped. The exact date will be communicated to you via email.

Credit card (Visa/Mastercard): Available in Germany. The charge is made after the goods or tickets are shipped, or the service becomes available, or in the case of a subscription, according to the communicated billing schedule.

The use of invoice payment, installment purchase, or direct debit is subject to a positive credit assessment. Therefore, we will transmit your data to Klarna during the purchase process and contract execution for address and creditworthiness verification. Please understand that we can only offer you the payment methods permitted based on the results of the credit check.

You can find more information and Klarna’s terms of use here. General information about Klarna is available here. Klarna will handle your personal data in accordance with applicable data protection regulations and as described in Klarna's privacy policy.

Further information about Klarna is available here, and you can find the Klarna app here.

 

§ 4 Prices

All prices include the current value-added tax (VAT).

Despite our best efforts, a small number of products in our catalog may be incorrectly priced. We check prices when processing your order. If a product is incorrectly priced and the correct price is higher than the one listed in our online store, we will contact you before shipping to ask whether you want to purchase the product at the correct price or cancel the order.

If the correct price of a product is lower than the one we stated, we will charge you the lower amount and send you the product.

§ 5 Right of Retention, Retention of Title

(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.

(2) The goods remain our property until full payment of the purchase price has been made.

(3) If you are a business entity, the following additional provisions apply:

a) We retain ownership of the goods until all claims from the ongoing business relationship have been fully settled. Before ownership of the reserved goods is transferred, pledging or assigning them as security is not permitted.

b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims arising from the resale in the amount of the invoice total; we accept this assignment. You remain authorized to collect these claims. However, if you do not properly fulfill your payment obligations, we reserve the right to collect the claims ourselves.

c) If the reserved goods are combined or mixed with other items, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.

d) We commit to releasing the securities to which we are entitled at your request, to the extent that the realizable value of our securities exceeds the secured claim by more than 10%. The selection of securities to be released is at our discretion.

 

§ 6 Warranty

(1) The statutory defect liability rights apply.

(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects, and transport damage, and to notify both us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty claims.

(3) If you are a business entity, the following provisions apply instead of the above warranty regulations:

a) Only our own specifications and the manufacturer’s product description are considered agreed-upon characteristics of the item, but not other advertisements, public promotions, or statements from the manufacturer.

b) In case of defects, we provide warranty service at our discretion, either by rectifying the defect or delivering a replacement. If the defect rectification fails, you may choose to request a price reduction or withdraw from the contract. Rectification is considered unsuccessful after a second failed attempt unless the nature of the item, the defect, or other circumstances indicate otherwise. In the case of rectification, we are not responsible for additional costs incurred due to transporting the item to a location other than the place of fulfillment, unless such transportation aligns with the intended use of the item.

c) The warranty period is one year from the delivery of the goods. The reduction of the period does not apply:

·        To damages attributable to us caused by culpable violations of life, body, or health, or to other damages caused intentionally or through gross negligence.

·        If we have fraudulently concealed a defect or assumed a guarantee for the condition of the item.

·        To items that, in accordance with their usual purpose, have been incorporated into a building and have caused its defectiveness.

·        To statutory recourse claims that you may have in connection with warranty rights against us.

 

§ 7 Choice of Law

(1) German law applies. For consumers, this choice of law only applies insofar as it does not deprive them of the protection granted by mandatory provisions of the law of the state in which they have their habitual residence (principle of favorability).

(2) The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) expressly do not apply.

 

II. Customer Information

1. Identity of the Seller

Volker Kraffzik

Bornholmstrasse 45

33729 Bielefeld

Germany

Phone Number: +49 521 91510412

E-Mail: info @ gelosol.com

 

Alternative Dispute Resolution

The European Commission provides a platform for out-of-court online dispute resolution (OS platform), accessible at https://ec.europa.eu/odr.

 

2. Information on Contract Formation

The technical steps for concluding the contract, the contract formation itself, and the correction options are carried out in accordance with the provisions of the section "Contract Formation" in our General Terms and Conditions (Part I).

 

3. Contract Language and Storage of Contract Text

3.1. The contract language is German.

3.2. We do not store the complete contract text. Before submitting the order via the online shopping cart system, the contract data can be printed or saved electronically using the browser’s print function. Upon receipt of the order, the order data, the legally required information for distance contracts, and the General Terms and Conditions will be sent to you again by email.

3.3. For inquiries outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form (e.g., via email), which you can print or save electronically.

 

4. Essential Characteristics of Goods or Services

The essential characteristics of the goods and/or services can be found in the respective product or service description.

 

5. Prices and Payment Terms

5.1. The prices listed in each offer, as well as the shipping costs, are total prices. They include all price components, including applicable taxes.

5.2. The shipping costs are not included in the purchase price. They can be accessed via a corresponding button on our website or in the respective offer. They are displayed separately during the ordering process and must be borne additionally by you unless free shipping is explicitly stated.

5.3. If delivery is made to countries outside the European Union, additional costs may apply that are beyond our control, such as customs duties, taxes, or money transfer fees (bank transfer or currency exchange fees), which must be borne by you.

5.4. Any costs incurred for money transfers (bank transfer or currency exchange fees) must be borne by you if the delivery is made to an EU member state but the payment was initiated from outside the European Union.

5.5. The available payment methods are listed under a corresponding button on our website or in the respective offer.

5.6. Unless otherwise specified for individual payment methods, payment claims arising from the concluded contract are due immediately.

6. Delivery Conditions

6.1. The delivery conditions, delivery time, and any existing delivery restrictions can be found under a corresponding button on our website or in the respective offer.

6.2. If you are a consumer, the law states that the risk of accidental loss or accidental deterioration of the sold item during shipping is transferred to you only upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you independently commission a transport company not designated by the seller or another person assigned to carry out the shipment.

If you are a business customer, delivery and shipping are at your own risk.

 

7. Legal Warranty Rights

Liability for defects is governed by the provisions of the "Warranty" section in our General Terms and Conditions (Part I).

 

These General Terms and Conditions and customer information have been created by IT law specialists from the Händlerbund (Traders' Association) and are continuously reviewed for legal compliance. Händlerbund Management AG guarantees the legal security of these texts and is liable in the event of legal warnings. More information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.

Last update: 27.10.2020