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General Terms and Conditions with Customer Information

As of: 26 November 2024

Table of contents

1. Scope of the T&C

  • The following General Terms and Conditions (hereinafter referred to as ‘T&C’) shall apply exclusively to the business relationship between Goenkar Enterprises Ltd. (hereinafter referred to as ‘Seller’) and the purchaser of the Seller's products, hereinafter referred to as ‘Customer’.
  • Any of the customer's terms and conditions that differ from these will not be recognised, even if the seller provides its services without objection, unless the seller expressly agrees to the validity of the customer's differing terms and conditions.
  • All references to persons apply equally to both genders. For reasons of readability, the simultaneous use of male and female language forms has been avoided.
  • ‘Consumer’ in the sense of these terms and conditions is any natural person who enters into a legal transaction for purposes that can be attributed primarily neither to their commercial nor their independent professional activity.
  • ‘Entrepreneur’ in the sense of the terms and conditions is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when entering into a legal transaction.
  • ‘Product’ in the sense of the GTC is any goods, service and other performance offered by the seller, any accessories and accompanying documentation that are the subject of the contract between the seller and the customer in accordance with the product description provided to the customer by the seller or other agreement.

2. Order process and conclusion of contract

  • By clicking on the button that concludes the order process, the customer submits a binding offer to purchase the products in the shopping basket to the seller.

3. Contract text and contract language

  • The seller stores the contract text and makes it available to the customer in text form (e.g. by email or in printed form with the delivery of the order). The customer can print out the contract text before submitting the order to the seller by using the print function of his browser or the save function for websites in the last step of the order.
  • If customers have created a customer account, they can view the orders placed in their account area. The full contract text is not accessible in the account area.
  • The contract language is German; contracts can be concluded in this language.

4. Customer account

  • The seller provides the customer with a customer account. Within the customer account, the customer is provided with information about the orders and their customer data stored by the seller. The information stored in the customer account is not public.
  • In order to place an order, customers must create a customer account. It is not possible to place an order as a guest.
  • Customers are responsible for their customer accounts within the scope of their influence and insofar as the responsibility is reasonable for them. It is the responsibility of the customer to exercise the utmost care when using access data to the customer account and to take every measure to ensure the confidential, secure handling of the data and to prevent its disclosure to third parties. Customers are obliged to inform the seller immediately if there is reason to suspect that a third party has gained knowledge of access data and/or is misusing the customer account.
  • The customer account may only be used in accordance with the applicable legal provisions, in particular the regulations for the protection of third-party rights, and in accordance with the seller's terms and conditions, by means of the access masks and other technical access options provided by the seller. Any other type of use, in particular by external software such as bots or crawlers, is prohibited.

5. payment methods and payment terms

  • Unless otherwise agreed, payments are to be made without deduction, discount or other reduction.
  • When using financial institutions and other payment service providers, the terms and conditions and data protection notices of the payment service providers shall also apply with regard to payment. Customers are asked to observe these regulations and notices as well as information provided during the payment process. This is particularly important because the provision of payment methods or the payment process may also depend on the agreements between the customer and financial institutions and payment service providers (e.g. agreed spending limits, location-restricted payment options, verification procedures, etc.).
  • The customer shall ensure that he/she fulfils the conditions for which he/she is responsible that are necessary for successful payment using the selected payment method. These include, in particular, sufficient funds in bank and other payment accounts, registration, legitimisation and authorisation with payment services and confirmation of transactions.
  • If the seller assigns its claim for payment to the customer to payment service providers, payment with debt-discharging effect can only be made to the respective payment service provider. The seller's contractual obligations to the customer, in particular the performance and warranty obligations, observance of revocations and contractual secondary obligations, are not affected by the assignment.
  • The seller reserves the right to offer payment methods only from or up to a certain order value. In this case, the seller will inform the customer of a corresponding payment restriction until the start of the ordering process. The right of consumers to a free, common and reasonable means of payment is not restricted.
  • Purchase on account – The invoice amount is due for payment within 7 days of the product being delivered and invoiced, and is to be paid by the customer without deduction by transfer to the seller's bank account, unless otherwise agreed.
  • Credit card payment – When placing the order, customers provide their credit card details. The customer's credit card will be charged after it has been authorised as the rightful cardholder.
  • PayPal – Payment is made via the payment service provider PayPal (Europe) S.Ă  r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: ‘PayPal’) by means of the PayPal payment method provided or selected by the customer. At the end of the ordering process, customers will be redirected directly to PayPal. For customers who have a PayPal account, the following PayPal terms of use apply: https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. If customers use PayPal's services without having a PayPal account, the following terms of use apply: https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. Overview of all conditions: https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
  • PayPal Plus (PayPal) - The customer must have a PayPal account and pay the amount owed using the PayPal transaction process.
  • PayPal Plus (Direct Debit) – The customer can also pay via PayPal's direct debit process even if they do not have a PayPal account. The customer gives PayPal a SEPA direct debit mandate. By granting the SEPA direct debit mandate, PayPal is authorised to initiate the payment transaction, which automatically debits the customer's bank account. The customer is informed of the date of the debit to the bank account (referred to as ‘pre-notification’).
  • PayPal Plus (credit card) – The customer can pay by credit card via PayPal even if they do not have a PayPal account. To make the payment, the customer must prove that they are the rightful cardholder before the payment transaction is carried out and the customer's account is automatically debited.
  • PayPal Plus (purchase on account) – The customer can make a purchase on account via PayPal even if they do not have a PayPal account. The prerequisite for this is a successful check of the customer's address and creditworthiness by PayPal. The seller assigns the payment to PayPal. A debt-discharging payment can only be made to PayPal in accordance with the conditions and the selected or stated payment term of PayPal. PayPal's terms of use for purchases on account apply: https://www.paypal.com/de/webapps/mpp/ua/pui-terms.
  • PayPal instalment payment – A requirement for an instalment payment via PayPal is a successful check of the customer's address and creditworthiness by PayPal. The seller assigns his payment claim against the customer to PayPal. A debt-discharging payment can only be made to PayPal in accordance with PayPal's conditions.
  • In the event of default, the seller is entitled to claim default interest at the statutory rate from the defaulting customer, as well as further consequences and costs as determined by law. The customer's obligation to pay default interest does not preclude the seller from claiming further default damages. Default damages include costs of legal enforcement, such as costs for legal advice, dunning procedures or collection.

6. digital content

  • ‘Digital content’ is content such as software, video and audio content, e-books or apps if it is provided digitally, e.g. as a download or stream (i.e. not delivered on data carriers such as CDs or Blu-rays).
  • The provisions of these GTC shall apply accordingly to the sale of digital content.
  • The digital content is provided to the customer in the form of an option to download it.
  • The digital content is provided to the customer in the form of a continuous data stream, referred to as ‘streaming’.
  • The digital content is sent to the customer by email to the email address provided.
  • The digital content is made available to the customer in their customer account, provided that a customer account has been created.
  • The customer will be informed explicitly and with reasonable notice before the access to the purchased digital content expires.
  • In order to use the digital content, access to the internet and common and customary display options that are reasonable for the customer (e.g. a browser or PDF viewing software) are required. The seller assumes no responsibility for any prevention of access to or retrieval of digital content if these obstacles are within the customer's area of responsibility (this applies in particular to the customer's access to the internet).

7. Subscriptions

  • A ‘subscription’ is understood to mean the regular purchase of products or other services by ‘subscribers’ (as customers are designated in the context of subscription contracts) under an ongoing contractual relationship (also referred to as a ‘subscription contract’) over a specified period of time (also referred to as a ‘subscription period’).
  • A subscription contract obliges the seller to deliver the services covered by the subscription contract or to take other actions at the agreed times or intervals and within the agreed subscription period. The details of each subscription are specified in their respective offers.
  • Cancellation is effective at the next service or delivery date or the next delivery within the subscription period.
  • Subscriptions are billed in advance at the beginning of the subscription period.
  • After cancellation before the end of the subscription period, the subscriber will be reimbursed for the remaining subscription period that has been paid for in advance.
  • The right to an extraordinary termination of the subscription contract remains reserved in accordance with legal requirements.
  • Subscription contracts can only be terminated electronically by email or in the user account.
  • Unless otherwise stated in the respective offer, the subscription period is one month.
  • Unless a different renewal period has been specified or otherwise agreed in the product description, the subscription contract will automatically be renewed by one month if it has not been effectively terminated.
  • Unless otherwise specified in the respective offer, the notice period for cancellation is 14 days.

8. Sale of vouchers

  • These GTC shall apply accordingly to the sale of vouchers that represent material or monetary values.
  • The ordered vouchers will be sent to the customer at the e-mail address provided.

9. Promotional vouchers

  • ‘Promotional vouchers’ are understood to be vouchers that are issued free of charge by the seller as part of, for example, promotional campaigns (e.g. discount vouchers with percentage or fixed discounts). However, vouchers that represent a certain monetary or material value and are purchased by the customer as a product are not promotional vouchers.
  • Promotional vouchers can only be considered under the communicated conditions, taking into account restrictions, e.g. validity for certain product groups, frequency of use and, in particular, only within the specified period.
  • Unless otherwise stated, promotional vouchers cannot be combined with other promotional vouchers.

10. Copyright and rights of use

  • The products sold by the seller, including the copyrighted content associated with the products, such as photographs, images, graphics, videos or instructions, are protected by copyright (in particular trademark and copyright law). The rights of use and exploitation lie with the seller or the respective rights holders. Customers agree to recognise and observe these protective rights.
  • The customer is granted the non-exclusive rights to use the purchased products for the purposes set out in the contract. Any other use or exploitation of the products is not permitted. In particular, the seller's copyright-protected products may not be reproduced, distributed, made publicly available or otherwise made available to third parties on the internet or intranets. Public reproduction, duplication or other republication are not part of this contract and are therefore prohibited. Copyright notices, trademarks and other legal reservations may not be removed from the products, unless this is necessary for the contractual use of the products or is legally permitted.
  • The permission for use is limited to private purposes and does not include any commercial or entrepreneurial use.

11. Right of cancellation

12. Warranty and liability

  • The warranty (liability for defects) and liability for other poor performance are subject to the following provisions in accordance with statutory provisions.
  • The seller is liable for damages without limitation, as far as the cause of the damage is based on intent or gross negligence. Furthermore, the seller is liable for the slightly negligent breach of essential obligations, the breach of which endangers the achievement of the purpose of the contract, for the breach of obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the customer regularly relies (cardinal obligations) or in the case of agreed guarantees. In this case, however, the seller shall only be liable for foreseeable, contractually typical and expected damage. The seller shall not be liable for slightly negligent breaches of obligations other than those mentioned above. The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect after assuming a guarantee for the quality of the product and for fraudulently concealed defects. Liability under the Product Liability Act shall remain unaffected. Insofar as the seller's liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents. Otherwise, the customer shall have no right to claim damages. The above liability provisions shall also apply to the customer's claims for damages under the seller's statutory warranty.

13. Amendment of the GTC

  • The seller reserves the right to amend these terms and conditions in the case of continuing obligations (i.e. contracts running over a longer period of time, in the context of which services and/or considerations are provided), at any time with effect for the future in the following cases: a) If the amendment serves to bring the terms and conditions into line with applicable law, in particular if the applicable legal situation changes; b) If the amendment serves the Seller to comply with mandatory judicial or official decisions; c) if completely new services or service elements as well as technical or organisational processes require a description in the GTC; d) if the amendment is only advantageous for the Customers.
  • The Seller shall send the amended GTC to the e-mail address provided by the Customer to the Seller at least two weeks before they come into force. If a Customer does not object to the new GTC within two weeks of receiving the e-mail, the amended GTC shall be deemed accepted by the Customer. When notifying the Customer of the amendment, the Seller shall inform the Customer of the consequences of not objecting. Customers can also agree to the amended terms and conditions by explicitly consenting to them.

14. dispute resolution and consumer dispute resolution

  • We are not willing or obliged to participate in a dispute resolution procedure before a consumer dispute resolution body.