Terms and Conditions

General Terms and Conditions with Customer Information

1. Scope
2. Conclusion of Contract
3. Prices and Payment Terms
4. Delivery and Shipping Conditions
5. Right of Withdrawal
6. Retention of Title
7. Liability for Defects
8. Redemption of Promotional Vouchers
9. Applicable Law
10. Place of Jurisdiction
11. Information on Online Dispute Resolution

1. Scope

1.1. These General Terms and Conditions (hereinafter "GTC") of "gemhype.com GmbH" (hereinafter "Seller") apply to all contracts concluded by a customer or entrepreneur (hereinafter "Customer") with the Seller regarding the goods offered by the Seller in their online shop. The inclusion of the Customer's own terms and conditions is rejected, unless otherwise agreed.

1.2. An entrepreneur is any natural or legal person or a partnership with legal capacity acting in the exercise of their commercial or independent professional activity when concluding a legal transaction.

2. Conclusion of Contract

2.1. The presentation of goods, particularly in the online shop, does not constitute a binding offer by the Seller.

2.2. First, the Customer places the selected goods into the shopping cart. In the subsequent step, the ordering process begins, in which all data required for order processing is collected.
At the end of the ordering process, a summary of the order and contract data appears. Only after confirming these order and contract data by clicking the button completing the order process does the Customer submit a binding offer for the purchase of the goods contained in the shopping cart.

The Customer may also submit this offer to the Seller via fax, email, mail, or telephone.

2.3. The Seller accepts the Customer's offer through the following possible alternatives:

- Sending a written order confirmation or an order confirmation in text form (fax or email)
or
- Requesting payment from the Customer after the order is placed
or
- Delivering the ordered goods

The point in time of acceptance is determined by the first of these alternatives to occur.

The period for accepting the offer begins on the day after the offer is sent by the Customer and ends at the end of the fifth day following the submission of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this constitutes a rejection of the offer. The Customer is then no longer bound by their declaration of intent.

2.4. The contract text of the contract concluded between the Seller and the Customer is stored by the Seller. The contract text is stored on the Seller's internal systems. The Customer can view the General Terms and Conditions on this page at any time. The order data, the instruction on the right of withdrawal, and the GTC will be sent to the Customer by email. After completion of the order, the contract text is accessible to the Customer free of charge via their customer login, provided they have opened a customer account.


2.5. All entries made are displayed before clicking the order button and can be viewed by the Customer before submitting the order and corrected by using the browser's "back" button or the usual mouse and keyboard functions. In addition, buttons for correction are available to the Customer, if provided, which are labeled accordingly.


2.6. The contract language is German.

2.7. It is the Customer's responsibility to provide a correct email address for contact and order processing and to configure filter functions so that emails concerning this order can be delivered.

3. Prices and Payment Terms

3.1. The displayed prices are total prices including statutory value-added tax, unless otherwise agreed.
If additional shipping costs apply, this can be found in the product description.

3.2. If delivery is made to a country outside the EU, further duties, taxes, or fees may have to be paid by the Customer to the relevant customs or tax authorities or credit institutions.
The Customer is advised to inquire about the details with the respective institutions or authorities before ordering.

3.3. The Customer can choose from the payment methods available in the online shop.

3.4. For advance payment by bank transfer, payment is due immediately after the conclusion of the contract, unless otherwise agreed.

3.5. For payment via "PayPal", payment is processed via PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. The PayPal terms of use apply to this. These can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.

3.6. For payment on account, the purchase price is due after the delivery of the goods and invoicing. The purchase price must be paid within 30 days of receipt of the invoice.
The Seller reserves the right to perform a credit check and to refuse payment on account in the event of a negative credit rating. Other payment methods remain available to the buyer.

3.7. For payment via "SOFORT", payment is processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). To use this payment method, the Customer requires an online banking account enabled for "SOFORT" with a PIN/TAN procedure, with which they can authenticate themselves during the payment process and confirm the payment order to "SOFORT". The payment is executed immediately after the completion of the payment process by "SOFORT" and the Customer's bank account is debited. More detailed information on the "SOFORT" payment method can be found on the internet at https://www.klarna.com/sofort/.

4. Delivery and Shipping Conditions

4.1. Delivery of goods is made by shipping to the delivery address provided by the Customer. Deviating from this, for payments via PayPal, the delivery address stored by the Customer with PayPal at the time of payment is authoritative.

4.2. If the Seller incurs additional costs due to the provision of an incorrect delivery address or incorrect recipient or other circumstances leading to the impossibility of delivery, these must be reimbursed by the Customer, unless they are not responsible for the incorrect information or the impossibility. The same applies in the event that the Customer was temporarily prevented from accepting the service, unless the Seller had provided reasonable notice of the service in advance. Excluded from this regulation are the costs of shipment if the Customer has effectively exercised their right of withdrawal. In this case, the statutory or the regulation made by the Seller applies.


4.3. In the case of agreed self-collection, the Customer will be informed by the Seller that the ordered goods are ready for collection. After receiving this email, the Customer can collect the goods after consultation with the Seller at the Seller's place of business or an agreed location. In this case, no shipping costs are incurred.

4.4. Vouchers are provided to the Customer in the following form:

• by email
• by download
• by mail

5. Right of Withdrawal

5.1. The Seller's instruction on the right of withdrawal applies to the right of withdrawal.

6. Retention of Title

If the Seller performs in advance, the goods remain the property of the Seller until the purchase price has been paid in full.

7. Liability for Defects

7.1. Regarding the warranty, the provisions of statutory liability for defects apply, unless otherwise agreed in these GTC.

- For used goods, the warranty period is one year from the delivery of the goods, deviating from the statutory regulation. The shortened one-year warranty period does not apply

- to items that have been used for a building in accordance with their usual mode of use and have caused its defectiveness,

- for claims for damages and reimbursement of expenses by the Customer - or in the event that the Seller has fraudulently concealed the defect.

Any obligation of the Seller to provide updates for digital products, when purchasing goods with digital elements, is also not affected by this limitation.

7.2. The Customer is requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the Seller accordingly. Failure to do so has no effect on the Customer's statutory or contractual claims for defects.

8. Redemption of Promotional Vouchers

8.1. Vouchers that the Seller issues free of charge within the framework of (promotional) campaigns with a specific validity period and which the Customer cannot purchase ("Promotional Vouchers") can only be redeemed in the Seller's online shop and only within the period specified by the Seller.

8.2. Individual products may be excluded from the voucher campaign.
Specific restrictions can be found on the Promotional Voucher, if applicable.

8.3. Promotional Vouchers can only be redeemed before the completion of the ordering process. Subsequent offsetting is not possible.

8.4. Only one Promotional Voucher can be redeemed per order. The redemption of multiple Promotional Vouchers in one order is not possible.

8.5. The value of the goods of the respective order must at least reach the amount of the Promotional Voucher. Any remaining credit will not be refunded by the Seller.

8.6. If the value of a Promotional Voucher is not sufficient to pay for the order, one of the other offered payment methods can be used to settle the difference.

8.7. The credit balance of a Promotional Voucher is neither paid out nor does it bear interest.

8.8. The Promotional Voucher will also not be refunded if the Customer returns goods paid for in whole or in part with the Promotional Voucher within the scope of their statutory right of withdrawal.

8.9. The Promotional Voucher is personal and may only be redeemed by the person named on it. The transfer of the gift voucher to third parties is excluded. The Seller has the right, but not the obligation, to verify the material entitlement of the respective voucher holder.

9. Applicable Law

9.1. The law of the Federal Republic of Germany applies, excluding the laws on the international sale of movable goods.
The statutory provisions regarding the restriction of the choice of law and the applicability of mandatory provisions, particularly of the state in which the Customer has their habitual residence, remain unaffected.

10. Place of Jurisdiction

If the Customer is a merchant, a legal entity under public law, or a special fund under public law with a registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the Seller's place of business.
If the Customer has their registered office outside the territory of the Federal Republic of Germany, the Seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if this contract or claims from this contract can be attributed to the Customer's professional or commercial activity.
Nevertheless, the Seller is also entitled to bring an action at the Customer's place of business in the aforementioned cases.

11. Information on Online Dispute Resolution

The EU Commission's platform for online dispute resolution can be accessed on the internet at the following link: https://ec.europa.eu/odr