Terms & Conditions

Table of Contents
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A. General Terms and Conditions and Client Information

  1. Scope of Application
  2. Conclusion of the Contract
  3. Right to cancel
  4. Price and delivery costs
  5. Shipment and Delivery Conditions
  6. Liability for Defects
  7. Law and Jurisdiction
  8. Privacy policy
  9. Information about online dispute resolution


B. Right to cancel and instruction on cancellation

  1. Right to cancel
  2. Cancellation form


A. General Terms and Conditions and Client Information

1) Scope of Application
1.1 These Terms and Conditions of the company Giseke GmbH & Co. KG (hereinafter referred to as "Seller”) shall apply to all contracts concluded between a Consumer or a Trader (hereinafter referred to as "Client”) and the Seller related to all goods and/or services presented in the online shop of the Seller. The inclusion of the Client`s own conditions is herewith objected to, unless other terms have been stipulated.

1.2 A consumer pursuant to these Terms and Conditions is any individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession. A trader pursuant to these Terms and Conditions is any person acting for purposes relating to that person’s trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf.

2) Conclusion of the Contract
2.1 The product descriptions presented by the Seller in the Online-Shop do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the customer.

2.2 The customer can submit the offer via the online order form integrated into the seller's online shop. By completing his personal data and clicking the "submit order" in the final stage of the ordering procedure the Client's order is deemed to be a legally binding offer to buy the chosen amount of goods related to the goods displayed in the online shopping basket.

2.3 The Seller can acknowledge receipt of the Client’s order by sending him an automatically generated e-mail acknowledging his order. Such an acknowledgement of receipt is no acceptance of the Client’s order. The Seller can accept the Client’s offer by sending him a letter or a separate e-mail or a fax accepting the order or by delivering the goods within five days. With this separate confirmation the contract will be concluded. The Seller has no obligation to accept the Client’s offer.

2.4 The contract’s content will be stored by the Seller and will be sent to the Client in writing including these Terms and Conditions and Client Information (for example via e-mail, fax or letter) after the Client has submitted his order. However, the customer can not retrieve the contract text after sending his order via the website of the seller.

2.5 In case of an order via the Seller's online order form, the contract's content will be stored by the Seller and will be sent to the Client in writing including these Terms and Conditions (for example via e-mail, fax or letter) after the Client has submitted his order. However, the customer can not retrieve the contract text after sending his order via the website of the seller.

2.6 The Client can correct all the data entered via the usual keyboard and mouse function prior to submitting his binding order via the Seller's online order form. In addition, prior to submitting a binding order, all data entered will be once again displayed in a confirmation window and can be corrected here as well, via the
usual keyboard and mouse function.

2.7 The German language is exclusively available for the conclusion of the contract.

2.8 Order processing and contacting usually takes place via e-mail and automated order processing. It is the Client's responsibility to ensure that the e-mail address he provides for the order processing is accurate so that e-mails sent by the Seller can be received at this address. Particularly, it is the Client`s responsibility, if SPAM filters are used, to ensure that all e-mails sent by the Seller or by third parties  commissioned by the Seller with the order processing can be delivered.

3) Right to cancel
3.1 Consumers are entitled to the right of cancellation.
3.2 Detailed informations about the right of cancellation are provided in the Seller’s instruction on cancellation.

4) Price and delivery costs
4.1 Prices indicated are end prices and include the statutory value-added tax. Any possible additional delivery and dispatch costs are specified separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise for individual cases such as additional taxes and/or duties, e.g. in terms of custom duties.
4.3 Payment can be made using one of the methods mentioned in the Seller's online shop.
4.4 If payment in advance is agreed, payment is due immediately after conclusion of the contract.
4.5 When choosing the payment method "PayPal", the handling of payments is done via the payment service provider PayPal (Europe) S.a`.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449, subject to the conditions of use which can viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.
This would require, among other things that the Client has opened a PayPal account or he already has such an account.

5) Shipment and Delivery Conditions
5.1 Delivery of goods shall be made on the dispatch route to the delivery address indicated by the Client, unless otherwise agreed upon.

5.2 Should delivery to the Client not be possible, the assigned transport company returns the goods to the Seller and the Client bears the cost for the unsuccessful dispatch. This shall not apply if the Client is not responsible for the event that entails the impossibility of delivery, or if he/she has been temporarily impeded to receive the ordered goods, unless the Seller has given notice to the Client in an adequate period of time prior to the delivery.

5.3 Personal collection is not possible for logistical reasons.

6) Liability for Defects
6.1 The statutory consumer rights will apply.
6.2 If the Client is a consumer and he uses his short-term right to reject the product, he has to return the product at his cost.

7) Law and Jurisdiction
7.1 If a Client acts as a consumer pursuant to Section 1.2, any contractual relationships between the parties are governed by the law of the country where the Client has his habitual residence, excluding the UN-Convention on Contract for the International Sale of Goods and the courts of the State where the Client is domiciled will have exclusive jurisdiction over any dispute relating to these relationships.
7.2 If a Client acts as a trader pursuant to Section 1.2, any contractual relationships between the parties is governed by the law of the country where the Seller has his place of business, excluding the UN-Convention on Contract for the International Sale of Goods and the courts of the State where the Seller has his place of business will have exclusive jurisdiction over any dispute relating to these relationships.

8) Privacy policy
8.1 Personal data will only be collected if the Client provides this information on his accord for the processing of a contract or when registering for a newsletter. Those data will only be used for the processing of a contract and for Client’s inquiries.
8.2 The Client’s e-mail will be used solely for own advertising purposes, if he has expressly consented in this regard. The Client can withdraw his consent vis-à-vis the Seller at any time.
8.3 In the framework of contract processing the Client’s personal data will be transferred to the transport enterprise in charge of delivery, as far as this is necessary for delivering the goods.
8.4 After full implementation of the contract and complete purchase price payment the Client’s data will be stored on account of the preservation period in accordance with tax and commerce laws. Upon expiry of such period those data will be deleted, unless the Client has expressly consented to the further use of his data.
8.5 The Client has a right to get information free of charge about his stored data and, if he so wishes, he has the right to correction, blocking or deletion of those data. For questions regarding the collection, processing or use of his personal data he can turn to the Seller, free of charge.

9) Information about online dispute resolution
The EU Commission provides on its website the following link to the ODR platform: www.ec.europa.eu/consumers/odr
This platform shall be a point of entry for out-of-court resolutions of disputes arising from online sales and service contracts concluded between consumers and traders.


B. Right to cancel and instruction on cancellation

1. Right to cancel
 
You have the right to cancel this contract within 14 days without giving any reason.
The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.To exercise the right to cancel, you must inform us (Giseke GmbH & Co. KG, Pankstr. 8-10, 13127 Berlin, Germany, Phone: : +49-30-4241090, Fax: +49-30-42804950, Email: info@giseke.de) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model cancellation form, but it is not obligatory.
You can also electronically fill in and submit the model cancellation form or any other clear statement on our website www.battery-discount.com/Battery-Cancel/. If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation on a durable medium (e.g. by e-mail) without delay. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
 
Effects of cancellation
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us). We may make a deduction from the reimbursement for loss in value of any goods supplied, if theloss is the result of unnecessary handling by you. We will make the reimbursement without undue delay, and not later than

(a) 14 days from the day you return any goods supplied, or provide evidence that you havereturned them, or
(b) if there were no goods supplied,14 days from the day on which we are informed about your decision to cancel this contract.

We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us (Giseke GmbH & Co. KG,  Pankstr. 8-10, 13127 Berlin, Germany), without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

2. Cancellation form

To Giseke GmbH & Co. KG,
Pankstr. 8-10,
13127 Berlin,
Germany,
Fax: +49-30-42804950,
Email: info@giseke.de

I hereby give notice that:
I cancel my/our [*] contract
of sale of the following goods    ________________________________________________,

Ordered on/received on            ________________________________________________,

Name of consumer(s)  ________________________________________________________,

Address of consumer(s)  ______________________________________________________,
 
Signature of consumer(s) (only if this form is notified on paper),
 
_____________________________
 
Date ________________________