Terms and conditions with customer information

1. Scope
2. Contract conclusion
3. Prices and payment terms
4. Delivery and shipping conditions
5. Right of cancellation
6. Retention of title
7. Liability for defects
8. Redemption of campaign vouchers
9. Applicable law
10. Place of jurisdiction
11. Information on online dispute resolution

1. Scope

1.1. These terms and conditions (hereinafter referred to as the “GTC”) of gemhype.com GmbH (hereinafter referred to as the “Vendor”) apply to all contracts concluded between a consumer or entrepreneur (hereinafter referred to as the “Customer”) and the Vendor in the Vendor’s online shop. The inclusion of the Customer’s own conditions is ruled out, unless otherwise agreed.

1.2. A Consumer is any private individual who concludes a legal transaction for a purpose that can largely not be attributed to their commercial or independent professional activity.

1.3. An entrepreneur is a private individual or legal entity or a legal partnership who concludes a legal transaction in the exercise of his commercial or independent professional activity.

2. Contract conclusion

2. 1. The display of goods, particularly in the online shop, does not constitute a binding offer from the Vendor.

2.2. First, the Customer places the selected goods in the shopping cart. In the next step, the order process begins, in which all the necessary data for order processing is recorded.
At the end of the ordering process, a summary of the order and contract information appears. Only once the order and contract information is confirmed by clicking on the button that concludes the order process can the Customer make a binding offer for the purchase of goods contained in the shopping cart.

The Customer can also submit this offer to the Vendor by fax, e-mail, post or telephone.

2.3. The Vendor accepts the Customer’s offer through the following possible alternatives:

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

The first alternative that takes place is authoritative.

The period for accepting the offer begins on the day after the Customer sends the offer and ends at the end of the fifth day after the offer has been sent. If the Vendor does not accept the Customer’s offer within the above period, this constitutes a rejection of the offer. The Customer is then no longer bound by its declaration of intent.

2.4. The contract text between the Vendor and the Customer is saved by the Vendor. The contract text is stored on the Vendor’s internal systems. The Customer can view the terms and conditions at any time on this page. The order information, the cancellation policy and the GTC are sent to the Customer by e-mail. After completing the order, the contract text is available to the Customer free of charge via his Customer login, provided that the Customer has opened a customer account.


2.5. All entries are displayed before the order is confirmed and can be viewed and corrected, if needed, by pressing the back button of the browser or using the usual mouse and keyboard functions. In addition, the Customer might see a button to edit the text on this page, which would be labelled accordingly.


2.6. The contract language is German.

2.7. It is the Customer’s responsibility to provide a correct e-mail address for contacting and processing the order and to set the filter functions so that e-mails relating to this order can be delivered.

3. Prices and payment terms

3.1. The prices shown are final prices including VAT, unless otherwise agreed.
If additional shipping costs apply, they are displayed under the product description.

3.2. If the delivery is made to a non-EU country, the Customer may have to pay additional customs duties, taxes or fees to the locally competent customs or tax authorities or to credit institutions.
The Customer is advised to enquire about the details from the relevant institutions or authorities before placing an order.

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

3.4. In the case of advance payment by bank transfer, unless otherwise agreed, payment is due immediately after the contract is concluded.

3.5. When paying by PayPal, payment is processed via PayPal (Europe) S. à. r. l. et Cie, S. C. A., 22-24 Boulevard Royal, L-2449 Luxembourg. The terms of use of PayPal apply here. They can be viewed at https://www. paypal.com/de/webapps/mpp/ua/useragreement-full.
3.6. When paying on account, the purchase price becomes due after delivery of the goods and invoicing. The purchase price is due within 30 days of receipt of the invoice.
The Vendor reserves the right to carry out a credit check and to reject the payment on account if the credit check turns out to be negative. The buyer is free to use other payment methods.

3.7. When paying by “SOFORT”, the payment is processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter “SOFORT”). In order to make use of the payment method, the customer needs an online banking account with PIN / TAN procedure, which is activated in SOFORT, with which he can legitimise himself during the payment process and confirm the payment order to SOFORT. The payment will conclude immediately after the SOFORT payment processes and the Customer’s bank account is debited. Further information on the SOFORT payment method can be found online at https://www.klarna.com/sofort/.

4. Delivery and shipping conditions

4.1. The delivery of goods by dispatch takes place to the delivery address specified by the Customer. When paying by PayPal, the delivery address provided to PayPal at the time of payment is authoritative.

4.2. If the Vendor incurs additional costs due to the specification of an incorrect delivery address or an incorrect addressee or other circumstances that lead to the impossibility of delivery, they must be reimbursed by the Customer, unless the Customer was not responsible for providing the incorrect information or not being available. The same applies in the event that the Customer was temporarily prevented from accepting the service, unless the Vendor had previously announced the service appropriately. Excepted from this regulation are the shipping costs for sending the product if the Customer has effectively exercised his right of cancellation. In this case, the decision rests with the applicable legal regulations or the regulation made by the Vendor.


4.3. If the Customer has agreed to collect the goods himself, the Vendor informs the Customer when the ordered goods are ready for collection. After receiving this information by e-mail, the Customer can collect the goods from the Vendor’s registered office or at an agreed location after consultation with the Vendor. In this case, no shipping costs apply.

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

• by e-mail
• by download
• by post

5. Right of cancellation

5.1. If the Customer is a consumer, he generally has a right of cancellation.

5.2. The Vendor’s cancellation policy applies to the right of cancellation.

5.3. Consumers who do not belong to any member state of the European Union at the time the contract is concluded and whose sole domicile and delivery address are outside the European Union at the time the contract is concluded are not entitled to the right of cancellation.

6. Retention of title

If the Vendor performs an advance delivery to the Customer before having received full payment for it, the goods shall remain the property of the Vendor until the purchase price has been paid in full.

7. Liability for defects

7.1. With regard to the guarantee, the provisions of the statutory liability for defects apply, unless otherwise agreed in these GTC.

- In regards to used goods, the warranty period, which deviates from the legal regulation, is one year from delivery of the goods. The shortened one-year warranty period does not apply

- in the event of products that have been used for a building in accordance with their normal use and have caused its deficiency,

- for claims for damages and reimbursement of expenses by the customer - or in event that the seller has fraudulently concealed the defect

Also, any obligation of the seller to provide updates for digital products, when puchasing goods with digital elements is not affected by this restriction.

7.2. The Customer is asked to complain to the deliverer about goods delivered with obvious transport damage and to inform the Vendor of this. Failure to comply has no effect on the Customer’s statutory or contractual claims for defects.

8. Redemption of campaign vouchers

8.1. Vouchers that the Vendor offers free of charge as part of (advertising) campaigns with a certain period of validity and which the Customer cannot purchase (“campaign vouchers”) can only be redeemed in the Vendor’s online shop and only during the period specified by the Vendor.

8.2. Certain products may be excluded from the voucher campaign.
The specific restrictions can be found in the campaign voucher.

8.3. Campaign vouchers can only be redeemed before the order process is completed. Subsequent redeeming is not possible.

8.4. Only one campaign voucher can be redeemed per order. It is not possible to redeem several campaign vouchers in one order.

8.5. The value of the goods in the respective order must match the amount of the campaign voucher as a minimum. Any remaining credit will not be refunded by the Vendor.

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

8.7. The credit of a campaign voucher is neither paid out nor does it accumulate interest.

8.8. The campaign voucher will also not be reimbursed if the Customer returns all or part of the goods paid for with the campaign voucher within the scope of his statutory right of cancellation.

8.9. The campaign voucher is personal and may only be redeemed by the person named on it. A transfer of the gift voucher to a third party is ruled out. The Vendor has the right, but not the obligation, to check 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 purchase of movable goods.
The statutory provisions on the limitation of the choice of law and the applicability of mandatory provisions, in particular of the state in which the Customer is a habitual resident, remain unaffected.

9.2. This choice of law does not apply with regard to the statutory right of cancellation for consumers who do not belong to any member state of the European Union at the time the contract is concluded and whose sole domicile and delivery address are outside the European Union at the time the contract is concluded.

10. Place of jurisdiction

If the Customer is a trader, a legal entity under public law or a special fund under public law with its 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 Vendor’s place of business.
If the Customer is based outside the territory of the Federal Republic of Germany, the Vendor’s place of business is the exclusive place of jurisdiction for all disputes arising from this contract, as long as this contract or any claims arising from this contract can be attributed to the professional or commercial activity of the Customer.
Nevertheless, in the above cases, the Vendor is also entitled to invoke the court at the Customer’s registered office.

11. Information on online dispute resolution

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

We are neither obligated nor prepared to participate in a dispute settlement procedure before a consumer arbitration board.