Terms and Conditions

General terms and conditions with customer information

Scope
Conclusion of contract
Right of withdrawal
Prices and payment terms
Delivery and shipping conditions
Retention of title
Liability for defects (warranty)
: An example of a successful career as a financial advisor
Special conditions for the processing of goods according to specific customer specifications
Redemption of promotional vouchers
Redemption of gift vouchers
Applicable law
Code of Conduct
Alternative dispute resolution

1) Scope

1.1These General Terms and Conditions (hereinafter "GTC") of Kimya Gauß, trading under the name "Giovelli." (hereinafter "Seller"), apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter "Customer") and the Seller regarding the goods listed in the Seller's online shop. The inclusion of the Customer's own terms and conditions is hereby excluded, unless otherwise agreed.

1.2These Terms and Conditions shall apply accordingly to contracts for the delivery of vouchers, unless otherwise agreed.

1.3A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity.

1.4An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or independent professional activity.

2) Conclusion of contract

2.1The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve to submit a binding offer by the Customer.

2.2The customer can submit an offer via the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contractual offer for the goods contained in the shopping cart by clicking the button that completes the ordering process. Furthermore, the customer can also submit the offer to the seller by email or via the online contact form.

2.3The Seller may accept the Customer’s offer within five days,

For this purpose, the customer will be sent a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
he delivers the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
he will compensate the customer by requesting payment after placing his order.

If several of the aforementioned alternatives exist, the contract is concluded at the time one of the aforementioned alternatives first occurs. The period for accepting the offer begins on the day after the offer is sent by the customer and ends on the expiry of the fifth day following the dispatch of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the customer is no longer bound by their declaration of intent.

2.4If a payment method offered by PayPal is selected, payment will be processed via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com /de /webapps /mpp /ua /useragreement-full or - if the customer does not have a PayPal account - subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com /de /webapps /mpp /ua /privacywax-full . If the customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the seller hereby declares acceptance of the customer's offer at the time the customer clicks the button that completes the ordering process.

2.5If the payment method "Amazon Payments" is selected, payment processing will be carried out via the payment service provider Amazon Payments Europe sca, 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: "Amazon"), subject to the Amazon Payments Europe User Agreement, which can be viewed at https://pay.amazon.de /help /201751590 . If the customer selects "Amazon Payments" as the payment method during the online ordering process, they simultaneously issue a payment order to Amazon by clicking the button that completes the ordering process. In this case, the seller hereby declares acceptance of the customer's offer at the time the customer initiates the payment process by clicking the button that completes the ordering process.

2.6When submitting an offer via the Seller's online order form, the contract text will be saved by the Seller after the contract has been concluded and sent to the Customer in text form (e.g., by email, fax, or letter) after the order has been submitted. The Seller will not provide any further access to the contract text. If the Customer has created a user account in the Seller's online shop before submitting their order, the order data will be archived on the Seller's website and can be accessed free of charge by the Customer via their password-protected user account by entering the corresponding login data.

2.7Before submitting a binding order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the browser's zoom function, which helps to enlarge the display on the screen. During the electronic ordering process, the Customer can correct their entries using the usual keyboard and mouse functions until they click the button that completes the order process.

2.8Various languages are available for concluding the contract. The specific language selection is displayed in the online shop.

2.9Order processing and contact generally take place via email and automated order processing. The customer has ensured that the email address provided for order processing is correct, so that emails sent by the seller can be received at this address. In particular, the customer has ensured that all emails sent by the seller or third parties commissioned by the seller to process the order can be delivered when using spam filters.

3) Right of withdrawal

3.1Consumers generally have a right of withdrawal.

3.2Further information on the right of withdrawal can be found in the seller’s cancellation policy.

3.3The right of withdrawal does not apply to consumers who are not members of a Member State of the European Union at the time the contract is concluded and whose sole residence and delivery address are outside the European Union at the time the contract is concluded.

4) Prices and payment terms

4.1Unless otherwise stated in the Seller's product description, the prices quoted are total prices, including statutory VAT. Any additional delivery and shipping costs will be stated separately in the respective product description.

4.2For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the Seller is not responsible and which must be borne by the Customer. These include, for example, costs for money transfers through credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also arise in relation to money transfers if the delivery is not made to a country outside the European Union, but the Customer makes the payment from a country outside the European Union.

4.3The payment option(s) will be communicated to the customer in the seller’s online shop.

4.4If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

4.5If a payment method offered via the “PayPal” payment service is selected, payment will be processed via PayPal, although PayPal may also use the services of third-party payment service providers for this purpose. If the seller also offers payment methods via PayPal for which he makes advance payments to the customer (e.g. purchase on account or payment by installments), he assigns his payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer. Before accepting the seller’s declaration of assignment, PayPal or the payment service provider commissioned by PayPal will carry out a credit check using the customer data transmitted. The seller reserves the right to refuse the selected payment method to the customer if the check result is negative. If the selected payment method is accepted, the customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, the customer can only pay to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, even in the event of an assignment of claims, the seller remains responsible for general customer inquiries, e.g. B. about the goods, delivery time, shipping, returns, complaints, declarations of revocation and sending or credit notes.

4.6If the "SOFORT" payment method is selected, payment processing will be carried out by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to pay the invoice amount via "SOFORT," the customer must have a "SOFORT"-activated online banking account, verify their identity during the payment process, and confirm the payment instruction to "SOFORT." The payment transaction will be processed immediately afterwards by "SOFORT," and the customer's bank account will be debited. Further information on the "SOFORT" payment method can be found online at https://www.klarna.com/sofort/ .

4.7If you select a payment method offered via the “Shopify Payments” payment service, payment processing will be carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”). The individual payment methods offered via Shopify Payments will be communicated to the customer in the seller’s online shop. Stripe may use other payment services to process payments, for which special payment terms may apply, to which the customer may be specifically informed. This is specifically pointed out. Further information on “Shopify Payments” can be found on the Internet at https://www.shopify.com/legal/terms-paids-de .

4.8If you select a payment method offered via the “mollie” payment service, payment processing will be carried out by the payment service provider Mollie BV, Keizersgracht 313, 1016 EE Amsterdam, Netherlands (hereinafter: “mollie”). The individual payment methods offered via mollie will be communicated to the customer in the seller’s online shop. To process payments, mollie may use other payment services for which special payment conditions may apply, to which the customer may be specifically informed. Further information about “mollie” is available online at https://www.mollie.com/de/abrufbar .

4.9When selecting a payment method offered via the "Ratepay" payment service (e.g., Ratepay invoice, Ratepay prepayment, Ratepay direct debit, Ratepay installment payment), payment processing is carried out by Ratepay GmbH, Ritterstr. 12-14, 10969 Berlin, (hereinafter "Ratepay"), to which the Seller assigns its claim against the Customer. The specific Ratepay payment methods offered by the Seller are communicated to the Customer on the Seller's website. The Customer can only make one Ratepay payment with debt-discharging effect. However, the Seller remains responsible for general customer inquiries (e.g., regarding goods, delivery times, shipping, returns, complaints, declarations of revocation and reshipments, or credit notes). Otherwise, Ratepay's General Terms and Conditions of Payment apply , which can be accessed here: https://www.ratepay.com/legal-paid-terms/

4.10When selecting a payment method offered via the “Commerz Global Pay” payment service, payment processing is carried out by the payment service provider Commerz Globalpay GmbH, Elsa-Brandström-Straße 10-12, 50668 Cologne, Germany (hereinafter: “Commerz Global Pay”). The individual payment methods offered via Commerz Global Pay are communicated to the customer in the seller’s online shop. To process payments, Commerz Global Pay may use the services of third-party payment service providers, for which special payment terms may apply, to which the customer may be specifically informed. Further information on “Commerz Global Pay” is available online at https://www.commerz-globalpay.com/de-de/loesungen/e-commerce .

4.11If you select a payment method offered via the “Stripe” payment service, payment processing will be carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”). The individual payment methods offered via Stripe will be communicated to the customer in the seller’s online shop. Stripe may use other payment services to process payments, for which special payment terms may apply, to which the customer may be specifically informed. Further information about Stripe can be found on the Internet at https://stripe.com/de .

4.12If you select a payment method offered via the “SumUp” payment service, payment processing will be carried out by the payment service provider SumUp Limited, Block 8, Harcourt Centre, Charlotte Way, Dublin 2, Ireland D02 K580 (hereinafter “SumUp”). The individual payment methods offered via Stripe will be communicated to the customer in the seller’s online shop. SumUp may use other payment services to process payments, for which special payment terms may apply, to which the customer may be specifically informed. Further information about SumUp can be found on the Internet at https://www.sumup.com/de-de/ .

4.13If SEPA Direct Debit is selected as the payment method, the invoice amount is due after a SEPA Direct Debit mandate has been issued, but not before the expiry of the advance notification period. The direct debit will be collected when the ordered goods leave the seller's warehouse, but not before the expiry of the advance notification period. Advance notification ("pre-notification") is any communication (e.g., invoice, policy, contract) from the seller to the customer announcing a debit via SEPA Direct Debit. If the direct debit is not processed due to insufficient account funds or due to the provision of incorrect bank details, or if the customer objects to the debit despite not being entitled to do so, the customer must bear the fees incurred by the respective credit institution for the chargeback if they are responsible for this. The seller reserves the right to conduct a credit check if SEPA Direct Debit is selected as the payment method and to reject this payment method if the credit check is negative.

4.14If SEPA direct debit is selected as the payment method, the invoice amount is due after a SEPA direct debit mandate has been issued, but not before the expiry of the advance notification period. The direct debit will be collected when the ordered goods leave the seller's warehouse, but not before the expiry of the advance notification period. Advance notification ("pre-notification") is any communication (e.g., invoice, policy, contract) from the seller to the customer announcing a debit via SEPA direct debit. If the direct debit is not processed due to insufficient account funds or due to the provision of incorrect bank details, or if the customer objects to the debit despite being unauthorized, the customer must bear the fees incurred by the respective credit institution for the chargeback if the customer is responsible for this.

4.15If the payment methods "Direct Debit via iPayment" or "Credit Card via iPayment" are selected, payment processing will be carried out via the iPayment payment system of 1&1 Internet AG, which forwards the customer's payment request to the respective payment provider. The general terms and conditions of the respective payment provider apply to payment processing, which the customer must acknowledge and accept as part of the electronic payment process. The payment methods "Direct Debit via iPayment" or "Credit Card via iPayment" are subject to the condition that the respective payment provider accepts the customer's payment request.

4.16If you select direct debit as your payment method, the invoice amount is due immediately upon conclusion of the contract. Direct debit requires a successful credit check by Masterpayment LTD, 483 Green Lanes, London, N13 4BS, United Kingdom ("Masterpayment"). If the customer is permitted to check the creditworthiness of the direct debit, the payment will be processed in cooperation with net-m privatbank 1891 AG, Odeonsplatz 18, 80539 Munich ("net-m privatbank 1891 AG"), to which the seller assigns its payment claim. In this case, net-m privatbank 1891 AG is revocably authorized to collect the invoice amount from the customer's specified account. In the event of assignment, payments can only be made to net-m privatbank 1891 AG with a debt-discharging effect. The direct debit will be processed when the ordered goods leave the seller's warehouse. Even if the payment method selected is direct debit via Masterpaid, the seller remains responsible for general customer inquiries, e.g. regarding the goods, delivery times, shipping, returns, complaints, declarations of revocation and sending of revocations or credit notes.

4.17If you select direct debit via Novalnet as your payment method, payment will be processed by Novalnet AG (hereinafter "Novalnet") on behalf of the seller. In this case, payment will be made by direct debit from the customer's bank account, provided the customer has previously granted the seller a SEPA mandate. The purchase price will be debited from the customer's bank account one banking day after Novalnet completes the order. The pre-notification period is reduced to one day. If the direct debit is not processed due to insufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the debit despite not being entitled to do so, the customer must bear the fees incurred by the respective credit institution for the chargeback if the customer is responsible for this.

4.18If SEPA direct debit is selected as the payment method, payment processing will be handled by the technical service provider Paymill GmbH, St.-Cajetan-Straße 43, 81669 Munich, in cooperation with Lufthansa AirPlus Servicekarten GmbH, Dornhofstr. 10, 63263 Neu-Isenburg, or Wirecard Bank AG, Einsteinring 35, 85609 Aschheim. The invoice amount is due after the SEPA direct debit mandate has been issued, but not before the expiry of the advance notification period. The direct debit will be collected when the ordered goods leave the seller's warehouse, but not before the expiry of the advance notification period. Advance notification ("pre-notification") is any communication (e.g., invoice, policy, contract) from the seller to the customer announcing a charge via SEPA direct debit. If the customer is a consumer, the period for advance information is reduced to five days for initial direct debits and to two days for subsequent direct debits. If the customer is a business, the period for advance information is reduced to one day for both initial and subsequent direct debits. The period for advance information begins on the following day and ends on the fifth day for consumers in the case of initial direct debits, on the second day for subsequent direct debits, and on the day following the advance information for businesses. If the last day of the period falls on a Saturday, a Sunday, or a public holiday recognized by the state at the customer's place of business, the next working day takes the place of such a day. If the direct debit is not processed due to insufficient account funds or because incorrect bank details were provided, or if the customer objects to the debit although they are not entitled to do so, the customer must bear the fees incurred by the respective credit institution as a result of the chargeback if they are responsible for this.

4.19If direct debit is selected as the payment method, payment will be processed via PAYONE GmbH, Lyoner Str. 9, 60528 Frankfurt/Main, which the seller authorizes to collect the debt on its behalf. PAYONE GmbH will debit the invoice amount from the customer's bank account after a SEPA direct debit mandate has been issued, but not before the expiry of the advance notification period. Advance notification ("pre-notification") is any communication (e.g., invoice, police notice, contract) to the customer announcing a debit via SEPA direct debit. If the direct debit is not processed due to insufficient account funds or due to the provision of incorrect bank details, or if the customer objects to the debit despite not being entitled to do so, the customer must bear the fees incurred by the respective credit institution for the chargeback if the customer is responsible for this. Even if the payment method selected is direct debit via PAYONE GmbH, the provider remains responsible for general customer inquiries, e.g. regarding goods, delivery times, shipping, returns, complaints, declarations of revocation and sending of revocations or credit notes.

4.20If the payment method "PayPal Direct Debit" is selected, PayPal will debit the invoice amount from the customer's bank account on behalf of the seller after issuing a SEPA direct debit mandate, but not before the expiry of the advance notification period. Advance notification ("pre-notification") is any communication (e.g., invoice, police report, contract) to the customer announcing a debit via SEPA direct debit. If the direct debit is not processed due to insufficient account funds or due to the provision of incorrect bank details, or if the customer objects to the debit despite being unentitled to do so, the customer must bear the fees incurred by the respective bank for the chargeback if the customer is responsible for this.

4.21If the payment method "Direct Debit via Ratepay" is selected, payment processing will be carried out by Ratepay GmbH, Ritterstr. 12-14, 10969 Berlin (hereinafter "Ratepay"). The customer grants Ratepay a SEPA direct debit mandate and instructs their bank to honor any due direct debits. The customer must ensure that their current account has sufficient funds. If the current account does not have the required funds, the account-holding bank is not obliged to honor the payment. Ratepay reserves the right to conduct a credit check. If the customer is permitted to pay by direct debit, the payment will be processed via Ratepay, to which the seller assigns its payment claim. The customer can only make one Ratepay payment with a debt-discharging effect. The seller remains equally responsible for general customer inquiries (e.g., regarding goods, delivery times, shipping, returns, complaints, cancellation notices and dispatches, or credit notes). In all other respects , Ratepay’s General Terms and Conditions of Payment apply , which can be found here: https://www.ratepay.com/legal-paid-terms/#ratepay-lastschrift

4.22If the payment method is direct debit, the invoice amount is due immediately upon conclusion of the contract. Direct debit requires a successful credit check by secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.de). If the customer is permitted to check the creditworthiness of the direct debit, the payment will be processed in cooperation with secupay AG, to which the provider assigns its payment claim. In this case, secupay AG is revocably authorized to collect the invoice amount from the customer's specified account. In the case of assignment, contributions can only be made to secupay AG with debt-discharging effect. The direct debit is bypassed after the customer submits the order in the online shop. Even if the payment method selected is direct debit via secupay AG, the provider remains responsible for general customer inquiries, e.g. regarding goods, delivery times, shipping, returns, complaints, declarations of revocation and sending of revocations or credit notes.

4.23If you select the direct debit payment method via Stripe, payment processing will be carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). In this case, Stripe will debit the invoice amount from the customer's bank account on behalf of the seller after a SEPA direct debit mandate has been issued, but not before the expiry of the advance notification period. Advance notification ("pre-notification") is any communication (e.g., invoice, police notice, contract) to the customer announcing a debit via SEPA direct debit. If the direct debit is not processed due to insufficient account funds or due to the provision of incorrect bank details, or if the customer objects to the debit despite not being entitled to do so, the customer must bear the fees incurred by the respective credit institution for the chargeback if they are responsible for this. The seller reserves the right to conduct a credit check if the SEPA direct debit payment method is selected and to reject this payment method if the credit check is negative.

4.24If the payment method is direct debit via Unzer, payment processing will be carried out by the payment service provider Unzer GmbH, Vangerowstr. 18, 69115 Heidelberg (hereinafter "Unzer"), to which the Seller assigns its payment claim. Before accepting the Seller's assignment declaration, Unzer will conduct a credit check using the transmitted customer data. The Seller reserves the right to refuse the customer the payment method of direct debit via Unzer if the result of the check is negative. If the payment method of direct debit via Unzer is approved by Unzer, Unzer will debit the invoice amount from the customer's bank account after issuing a SEPA direct debit mandate, but not before expiry of the pre-notification period. Pre-notification is any notification (e.g., invoice, police notice, contract) to the Customer announcing a debit via SEPA direct debit. If the direct debit is not processed due to insufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the debit although he is not entitled to do so, the customer must bear the fees incurred by the respective credit institution as a result of the chargeback if he is responsible for this.
The payment method direct debit by Unzer is excluded,
- if the order value is less than 10.00 euros,
- if the delivery address provided by the customer is not identical to the billing address, in particular if a packing station or a post office box is provided as the delivery address, or
- if the customer is under 18 years of age.
The seller also reserves the right to only offer the payment method up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of any payment restrictions in the payment information in the online shop.

4.25If the "Riverty Direct Debit" payment method is selected, payment processing will be carried out by Riverty GmbH, Gütersloher Str. 123, 33415 Verl, Germany (hereinafter "Riverty"), to which the Seller assigns its payment claim. "Riverty Direct Debit" is only available to customers who have reached the age of 18. Before accepting the Seller's declaration of assignment, Riverty will conduct a credit check using the transmitted customer data. The Seller reserves the right to refuse the "Riverty Direct Debit" payment method to the Customer in the event of a negative check result. If the "Riverty Direct Debit" payment method is approved by Riverty, Riverty will debit the invoice amount from the Customer's bank account after issuing a SEPA direct debit mandate, but not before expiry of the advance notice period. Pre-notification is any communication (e.g., invoice, police notice, contract) to the customer announcing a SEPA direct debit. If the direct debit is not processed due to insufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the debit despite not being entitled to do so, the customer must bear the fees incurred by the respective credit institution for the chargeback if they are responsible for this. The General Terms and Conditions for Riverty Direct Debit also apply and can be accessed here : https://documents.riverty.com/terms_conditions/payment_methods/direct_debit/de_de/%7BreplaceWithMerchantId%7D

4.26If credit card payment is selected, the invoice amount is due immediately upon conclusion of the contract. Credit card payments are processed in cooperation with PAYONE GmbH, Lyoner Str. 9, 60528 Frankfurt/Main, which the seller authorizes to collect the debt on its behalf. PAYONE GmbH collects the invoice amount from the customer's specified credit card account. The credit card is debited automatically after the customer submits the order in the online shop. Even if credit card payment is selected via PAYONE GmbH, the seller remains responsible for general customer inquiries, e.g., regarding goods, delivery times, shipping, returns, complaints, cancellation notices and returns, or credit notes.

4.27If credit card payment is selected, the invoice amount is due immediately upon conclusion of the contract. Credit card payments are processed in cooperation with secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.ag), to which the provider assigns its payment claim. secupay AG collects the invoice amount from the customer's specified credit card account. In the event of assignment, contributions can only be made to secupay AG with debt-discharging effect. The credit card is debited after the customer submits the order in the online shop. Even if credit card payment is selected via secupay AG, the provider remains responsible for general customer inquiries, e.g., regarding returns, complaints, cancellation notices and shipments, or credit notes.

4.28If you select the payment method via Stripe, the invoice amount is due immediately upon conclusion of the contract. Payment is processed via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). Stripe reserves the right to conduct a credit check and reject this payment method if the credit check is negative.

4.29If the payment method “Riverty Installment Payment” is selected, payment will be processed via Riverty GmbH, Gütersloher Straße 123, 33415 Verl, Germany (hereinafter “Riverty”), to which the Seller assigns its payment claim. Before accepting the Seller’s declaration of assignment, Riverty will conduct a credit check using the customer data provided. The Seller reserves the right to refuse the “Riverty Installment Payment” payment method to the Customer if the check result is negative. If the “Riverty Installment Payment” payment method is approved by Riverty, the Customer must pay the invoice amount to Riverty according to the terms and conditions set by the Seller, which are communicated to the Customer in the Seller’s online shop. In this case, the Customer can only make one Riverty with debt-discharging effect. However, even in the event of an assignment of claims, the Seller remains responsible for general customer inquiries, e.g. B. regarding the goods, delivery time, shipping, returns, complaints, declarations of revocation and reshipment, or credit notes. In addition, the Special Terms and Conditions for the subsequent installment payment transaction (Riverty Installment Payment) apply, which can be accessed online at https://documents.riverty.com /terms_conditions / payment_methods /installments /de_de / .

4.30If you select a payment method offered through the "Klarna" payment service, payment processing will be carried out by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). Further information and Klarna's terms and conditions can be found here:

www.giovelli.de

5) Delivery and shipping conditions

5.1If the Seller offers to ship the goods, delivery will be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address specified by the Seller during order processing shall be decisive for the processing of the transaction.

5.2If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the return shipping costs if the customer effectively exercises their right of withdrawal. If the customer effectively exercises their right of withdrawal, the applicable provisions in the seller's cancellation policy apply to the return shipping costs.

5.3If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the customer as soon as the seller has delivered the item to the freight forwarder, carrier or other person or institution designated to carry out the shipment. If the customer is a consumer, the risk of accidental loss and accidental newness of the sold goods shall generally only pass to the customer upon handover of the goods to the customer or a person authorized to receive them. Notwithstanding the foregoing, the risk of accidental loss and accidental replacement of the sold goods shall pass to the customer, even in the case of consumers, as soon as the seller has delivered the item to the freight forwarder, carrier or other person or institution designated to carry out the shipment, provided that the customer has commissioned the freight forwarder, carrier or other person or institution designated to carry out the shipment and the seller has not named this person or institution to the customer.

5.4The Seller reserves the right to withdraw from the contract in the event of improper or incorrect self-delivery. This only applies if the non-delivery is not the Seller's responsibility and the Seller has entered into a specific hedging transaction with the supplier with due diligence. The Seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the Customer will be informed immediately and the consideration will be refunded immediately.

5.5Self-collection is not possible for logistical reasons.

5.6Vouchers are provided to customers as follows:

via download
by email
by post

6) Retention of title

If the seller makes advance payments, he retains ownership of the delivered goods until the purchase price owed has been paid in full.

7) Liability for defects (warranty)

Unless otherwise stipulated in the following provisions, the statutory liability for defects applies. The following applies to contracts for the delivery of goods:

7.1If the customer acts as an entrepreneur,

the seller has the choice of the type of subsequent performance;
In the case of new goods, the limitation period for warranty claims is one year from delivery of the goods;
In the case of used goods, warranty rights are excluded;
The limitation period does not begin again if a replacement delivery is made within the scope of liability for defects.

7.2If the customer acts as a consumer in contracts for the delivery of used goods, subject to the restriction of the following clause: The limitation period for claims for defects shall be one year from delivery of the goods, if this was expressly and separately agreed between the parties in the contract and the customer was specifically informed of the shortening of the limitation period before submitting his contractual declaration.

7.3The above-mentioned limitations of liability and shortening of deadlines do not apply

for claims for damages and reimbursement of expenses by the customer,
in the event that the seller has fraudulently concealed the defect,
for goods which were used for a building in accordance with their usual purpose and which caused its defectiveness,
for any existing obligation of the seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.

7.4Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.

7.5If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he or she fulfills the commercial obligation to inspect and give notice of defects pursuant to Section 377 of the HGB. If the customer fails to comply with the notification obligations stipulated therein, the goods shall be deemed approved.

7.6If the customer is a consumer, they are requested to report any goods delivered with obvious transport damage to the carrier and to notify the seller of this. Failure by the customer to do so will have no effect on their statutory or contractual claims for defects.

8) Liability

The seller is liable to the customer for all contractual, quasi-contractual and statutory claims, including tortious claims, for damages and reimbursement of expenses as follows:

8.1The Seller shall be liable without limitation for any legal reason

in case of intent or gross negligence,
in the event of intentional or negligent injury to life, body or health,
Based on a guarantee promise, unless otherwise agreed,
Due to mandatory liability such as under the Product Liability Act.

8.2If the Seller negligently breaches a material contractual obligation, liability is limited to the typical, foreseeable damages under the contract, unless unlimited liability applies in accordance with the above clause. Material contractual obligations are obligations that the contract imposes on the Seller according to its content to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place, and on whose compliance the Customer may regularly rely.

8.3Otherwise, the Seller’s liability is excluded.

8.4The above liability provisions also apply with regard to the Seller’s liability for its vicarious agents and legal representatives.

9) Special conditions for the processing of goods according to specific customer specifications

9.1If, according to the content of the contract, the seller is obliged not only to deliver the goods but also to process the goods according to specific customer specifications, the customer must provide the seller with all content required for processing, such as text, images, or graphics, in the file formats, formatting, image sizes, and file sizes specified by the seller, and grant the seller the necessary rights of use. The customer is solely responsible for acquiring and acquiring the rights to this content. The customer declares and assumes responsibility for ensuring that they have the right to use the content provided to the seller. They are responsible, in particular, for ensuring that no third-party rights are infringed, in particular copyrights, trademark rights, and personal rights.

9.2The customer indemnifies the seller against any claims made by third parties in connection with a violation of their rights through the seller's contractual use of the customer's content. The customer also assumes the necessary costs of legal defense, including all court and attorney fees at the statutory rate. This does not apply if the customer is not responsible for the violation. In the event of a claim by third parties, the customer is obligated to promptly, truthfully, and completely provide the seller with all information necessary for the examination of the claims and for a defense.

9.3The Seller reserves the right to refuse processing orders if the content provided by the Customer violates legal or regulatory prohibitions or violates common decency. This applies in particular to the provision of content that is anti-constitutional, racist, xenophobic, discriminatory, offensive, harmful to minors, and/or glorifies violence.

10) Redemption of promotional vouchers

10.1Vouchers issued free of charge by the Seller as part of promotional campaigns with a specific period of validity and which cannot be purchased by the Customer (hereinafter "promotional vouchers") can only be redeemed in the Seller's online shop and only during the specified period.

10.2Promotional vouchers can only be redeemed by consumers.

10.3Individual products may be excluded from the voucher promotion if a corresponding restriction arises from the content of the promotional voucher.

10.4Promotional vouchers can only be redeemed before the order process is completed. Subsequent crediting is not possible.

10.5Only one promotional voucher can be redeemed per order.

10.6The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.

10.7If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be selected to settle the difference.

10.8The balance of a promotional voucher will not be paid out in cash or bear interest.

10.9The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of his statutory right of withdrawal.

10.10The promotional voucher is transferable. The seller may, with discharging effect, make a payment to the respective holder who redeems the promotional voucher in the seller's online shop. This shall not apply if the seller has knowledge or grossly negligent ignorance of the respective holder's ineligibility, incapacity, or lack of authority to represent the seller.

11) Redemption of gift vouchers

11.1Vouchers that can be purchased through the Seller's online shop (hereinafter "Gift Vouchers") can only be redeemed in the Seller's online shop, unless otherwise stated in the voucher.

11.2Gift vouchers and any remaining balance on gift vouchers can be redeemed until the end of the third year following the year of purchase. Any remaining balance will be credited to the customer until the expiration date.

11.3Gift vouchers can only be redeemed before the order process is completed. Subsequent crediting is not possible.

11.4Only one gift voucher can be redeemed per order.

11.5Gift vouchers can only be used to purchase goods and not to purchase additional gift vouchers.

11.6If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by the Seller can be used to settle the difference.

11.7The balance of a gift voucher will not be paid out in cash and will not bear interest.

11.8The gift voucher is transferable. The seller may discharge the respective holder's liability by making a payment to the respective holder who redeems the gift voucher in the seller's online shop. This shall not apply if the seller has knowledge or grossly negligent ignorance of the respective holder's ineligibility, incapacity, or lack of authority to represent the respective holder.

12) Applicable law

12.1All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods. For consumers, this choice of law applies only to the extent that the protection afforded is not mandatorily guaranteed by the provisions of the law of the country in which the consumer has his or her habitual residence.

12.2Furthermore, this choice of law with regard to the statutory right of withdrawal does not apply to consumers who, at the time of conclusion of the contract, are not members of a Member State of the European Union and whose sole residence and delivery address are outside the European Union at the time of conclusion of the contract.