Terms of Use
TERMS AND CONDITIONS
for the online shop of GIOTELLI Europe GmbH
1. Scope of Application and Contracting Party
These General Terms and Conditions apply to orders placed by consumers via the GIOTELLI online shop. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.
The contracting party is: GIOTELLI Europe GmbH, Lohstraße 84, 47798 Krefeld, Germany, represented by the managing director Süleyman Kaya, registered in the commercial register of the Krefeld Local Court under HRB 21759. Email: hello@giotelli.com, Phone: 02151 513 23 53.
2. Offer and Conclusion of Contract
The presentation of products in the online shop does not constitute a legally binding offer, but an invitation to place an order.
You can initially place products non-bindingly in the shopping cart and correct your entries at any time before submitting your binding order. By clicking the final order button, you submit a binding order for the goods contained in the shopping cart.
The purchase contract is concluded as soon as we expressly accept your order or ship the goods to you. An automatically sent order confirmation initially only documents that your order has been received by us, unless the message explicitly states otherwise.
3. Contract Language and Storage of the Contract Text
German is available as the contract language for orders placed via the German shop version. English is available for the English shop version.
The order data and the contract information applicable at the time of the order will be provided to you during the order process or in the order confirmation. Please save these documents for your records.
4. Prices and Shipping Costs
All prices stated in the online shop for consumers are final prices and include the statutory value-added tax, if applicable.
Additional shipping costs will be clearly displayed to you before the order is completed. Further information can be found on our "Shipping & Delivery" page.
5. Payment Methods
The payment methods available in the respective checkout will be displayed to you before you complete your order.
If an external payment service provider is used, their conditions may also apply. Your legal rights against GIOTELLI remain unaffected by this.
6. Delivery and Goods Availability
Delivery will be made to the delivery address you provided during the order process and within the delivery areas offered in the shop.
Information on processing times, usual delivery times and shipping costs can be found under "Shipping & Delivery". Unless expressly agreed otherwise, delivery times are estimated.
Should an ordered item exceptionally not be available, even though it was shown as available in the shop, we will inform you immediately. Payments already made for items that cannot be delivered will be refunded.
7. Retention of Title
The delivered goods remain the property of GIOTELLI Europe GmbH until full payment has been made.
8. Right of Withdrawal and Voluntary Return
Consumers generally have a statutory right of withdrawal for distance contracts. Details on the deadline, procedure, return and sample withdrawal form can be found in our separate cancellation policy.
Regardless of this, GIOTELLI may additionally grant a voluntary 30-day right of return in accordance with the conditions published on the "Returns & Refunds" page. The statutory right of withdrawal is not restricted by a voluntary right of return.
9. Condition, Product Presentation and Sizes
We strive to display product images, colors, materials and details as realistically as possible. Depending on the screen, device settings and lighting conditions, colors may differ slightly from the actual goods.
Size and fit information is for guidance. The information in the respective product description is decisive for the quality owed.
10. Rights for Defects
The statutory rights for defects apply. If a delivered item is defective, you are entitled to the statutory warranty rights.
If an item is damaged or faulty, please contact our customer service at hello@giotelli.com so that we can quickly coordinate further processing. However, contacting us before exercising statutory rights is not a prerequisite for their existence.
11. Liability
GIOTELLI is liable without limitation for damages resulting from injury to life, body or health, as well as for damages based on intent or gross negligence. The same applies insofar as liability exists under mandatory statutory provisions, in particular product liability law.
In the event of a slightly negligent breach of a material contractual obligation, liability is limited to the foreseeable damage typical for the contract. Material contractual obligations are obligations the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contracting party may regularly rely.
Otherwise, liability for slightly negligently caused damages is excluded, to the extent legally permissible.
12. Rights to Website Content
Texts, photographs, graphics, videos, logos, designs and other content of the online shop may be protected by copyright, trademark or other legal rights. Use outside of the legal allowances requires, if necessary, the prior consent of the respective rights holder.
13. Technical Use of the Online Shop
Use of the online shop for unlawful purposes or in a manner that impairs the security, integrity or functionality of the website is not permitted. In particular, no malicious software may be introduced, security mechanisms circumvented or automated access used in an abusive manner.
14. Data Protection
Information on the processing of personal data can be found in our data protection declaration.
15. Consumer Dispute Resolution
Information on consumer dispute resolution can be found in our imprint. As stated there, we are not willing and not obliged to participate in dispute resolution proceedings before a consumer arbitration board.
16. Applicable Law and Place of Jurisdiction
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. Towards consumers, this choice of law only applies insofar as the protection afforded by mandatory provisions of the consumer's country of habitual residence is not withdrawn.
An exclusive place of jurisdiction is not agreed with consumers. Insofar as the customer is a merchant, a legal entity under public law or a special fund under public law, the legally permissible agreements on the place of jurisdiction apply.
17. Final Provisions
Should individual provisions of these GTC be or become wholly or partially ineffective, the validity of the remaining provisions shall remain unaffected. The ineffective provision shall be replaced by the statutory provisions.
The version of these GTC valid at the time the order was placed is decisive.