Terms of service

Table of Contents

1) Scope
2) Conclusion of the contract
3) Right of cancellation
4) Prices and payment terms
5) Delivery and shipping conditions
6) Retention of title
7) Liability for defects (warranty)
8) Liability
9) Applicable law
10) Place of jurisdiction
11) Alternative dispute resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of Gensu Trade GmbH (hereinafter referred to as the “Seller”) apply to all contracts for the delivery of goods concluded by a consumer or trader (hereinafter referred to as the “Customer”) with the Seller in respect of the goods displayed by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their trade nor to their independent professional activity.

1.3 A trader within the meaning of these GTC is a natural or legal person, or a partnership with legal capacity, who acts in the exercise of their trade or independent professional activity when entering into a legal transaction.

2) Conclusion of the contract

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

2.2 The Customer may submit the offer using the online order form integrated into the Seller’s online shop. After placing the selected goods in the virtual shopping basket and completing the electronic ordering process, the Customer submits a legally binding contractual offer for the goods contained in the shopping basket by clicking the button that completes the ordering process.

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

- by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), in which case receipt of the order confirmation by the Customer is decisive;
- by delivering the ordered goods to the Customer, in which case receipt of the goods by the Customer is decisive; or
- by requesting payment from the Customer after the order has been placed.

If several of the above alternatives apply, the contract is concluded at the time when the first of these alternatives occurs. The period for accepting the offer begins on the day after the Customer sends the offer and ends at the close of the fifth day following the date on which the offer was sent. If the Seller does not accept the Customer’s offer within this period, this is deemed to be a rejection of the offer, with the result that the Customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment is processed by PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg (hereinafter “PayPal”), subject to the PayPal User Agreement available at https://www.paypal.com/de/legalhub/paypal/useragreement-full or, if the Customer does not have a PayPal account, subject to the terms for payments without a PayPal account available at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the Customer pays using a payment method offered by PayPal and selectable 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.

2.5 When an order is placed using the Seller’s online order form, the contract text is stored by the Seller after the contract has been concluded and is sent to the Customer in text form, for example by email, fax or letter, after the Customer has submitted the order. The Seller will not make the contract text available in any other way.

2.6 Before submitting a binding order using the Seller’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. The browser’s zoom function, which enlarges the display on the screen, can be an effective technical means of identifying input errors more easily. During the electronic ordering process, the Customer may correct entries using the usual keyboard and mouse functions until clicking the button that completes the ordering process.

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

2.8 Order processing is generally carried out automatically by email. The Customer must ensure that the email address provided for order processing is correct so that emails sent by the Seller can be received at that address.

3) Right of cancellation

3.1 Consumers generally have a right of cancellation.

3.2 Further information on the right of cancellation can be found in the Seller’s cancellation instructions.

4) Prices and payment terms

4.1 Unless otherwise stated in the Seller’s product description, the prices shown are total prices including statutory value added tax. Any additional delivery and shipping costs are stated separately in the respective product description.

4.2 The available payment method or methods are communicated to the Customer in the Seller’s online shop.

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

4.4 If a payment method offered through the PayPal payment service is selected, payment is processed through PayPal, which may also use the services of third-party payment service providers. If the Seller also offers payment methods through PayPal under which the Seller makes payment in advance to the Customer, for example purchase on account or instalment payment, the Seller assigns the relevant payment claim to PayPal or to the payment service provider appointed by PayPal and specifically identified to the Customer. Before accepting the Seller’s declaration of assignment, PayPal or the payment service provider appointed by PayPal carries out a credit check using the Customer data transmitted. The Seller reserves the right to refuse the selected payment method if the result of the check is negative. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or in the agreed payment instalments. In this case, payment with discharging effect can be made only to PayPal or to the payment service provider appointed by PayPal. However, even where the claim has been assigned, the Seller remains responsible for general customer enquiries, for example concerning goods, delivery times, shipping, returns, complaints, cancellation declarations and returns, or credit notes.

4.5 If the “Sofort bank transfer” payment method is selected, payment is processed by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (hereinafter “Klarna”). To pay the invoice amount via Sofort bank transfer, the Customer must have an online banking account enabled for participation in Sofort bank transfer, authenticate themselves accordingly during the payment process and confirm the payment instruction. Klarna then carries out the payment transaction immediately and debits the Customer’s bank account. Further information on the Sofort bank transfer payment method is available at https://www.klarna.com/sofort/.

4.6 If a payment method offered through the Shopify Payments service is selected, payment is processed by Shopify International Limited, Victoria Buildings, 2nd Floor, 1–2 Haddington Road, Dublin 4, D04 XN32, Ireland (“Shopify”). The individual payment methods offered through Shopify Payments are communicated to the Customer in the Seller’s online shop. Shopify may use additional payment services to process payments, for which special payment terms may apply and of which the Customer may be informed separately. Further information on Shopify Payments is available at https://www.shopify.com/legal/terms-payments/de.

5) Delivery and shipping conditions

5.1 If the Seller offers shipping of the goods, delivery will be made within the delivery territory specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address stated during the Seller’s order processing is decisive for processing the transaction.

5.2 If delivery of the goods fails for reasons attributable to the Customer, the Customer bears the reasonable costs incurred by the Seller as a result. This does not apply to the outward shipping costs if the Customer validly exercises the right of cancellation. If the Customer validly exercises the right of cancellation, the provision on return shipping costs in the Seller’s cancellation instructions applies.

5.3 If the Customer acts as a trader, the risk of accidental loss and accidental deterioration of the goods sold passes to the Customer as soon as the Seller has delivered the goods to the forwarding agent, carrier or other person or institution appointed to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold generally passes only when the goods are handed over to the Customer or to a person authorised to receive them. By way of exception, the risk of accidental loss and accidental deterioration of the goods sold also passes to a consumer as soon as the Seller has delivered the goods to the forwarding agent, carrier or other person or institution appointed to carry out the shipment if the Customer commissioned that person or institution to carry out the shipment and the Seller had not previously named that person or institution to the Customer.

5.4 If the Customer is a consumer resident in Germany or a trader, the Seller reserves the right to withdraw from the contract if the Seller is not supplied correctly or properly by its own supplier. This applies only where the Seller is not responsible for the failure to supply and has concluded a specific covering transaction with the supplier with due care. The Seller will make all reasonable efforts to obtain the goods. If the goods are unavailable or only partially available, the Customer will be informed immediately and the consideration will be refunded immediately.

5.5 Collection in person is not possible for logistical reasons.

6) Retention of title

If the Seller supplies goods before receiving payment, the Seller retains ownership of the delivered goods until the purchase price owed has been paid in full.

7) Liability for defects (warranty)

Unless otherwise provided below, the statutory provisions on liability for defects apply. By way of derogation, the following applies to contracts for the delivery of goods:

7.1 If the Customer acts as a trader:

- the Seller may choose the type of supplementary performance;
- for new goods, the limitation period for claims based on defects is one year from delivery of the goods;
- for used goods, claims based on defects are excluded;
- the limitation period does not begin again if a replacement delivery is made as part of liability for defects.

7.2 The above limitations of liability and shortened periods do not apply:

- to the Customer’s claims for damages and reimbursement of expenses;
- where the Seller has fraudulently concealed the defect;
- to goods that have been used for a building in accordance with their usual purpose and have caused the building to be defective;
- to any existing obligation of the Seller to provide updates for digital products in contracts for the delivery of goods with digital elements.

7.3 In addition, for traders, the statutory limitation periods for any statutory right of recourse remain unaffected.

7.4 If the Customer is a merchant within the meaning of Section 1 of the German Commercial Code (HGB), the Customer is subject to the commercial duty to inspect and give notice of defects in accordance with Section 377 HGB. If the Customer fails to comply with the notification duties set out there, the goods are deemed approved.

7.5 If the Customer is a consumer, they are requested to complain to the delivery agent about goods delivered with obvious transport damage and to inform the Seller accordingly. Failure to do so has no effect on the Customer’s statutory or contractual claims for defects.

8) Liability

The Seller is liable to the Customer for damages and reimbursement of expenses arising from all contractual, quasi-contractual and statutory claims, including tort claims, as follows:

8.1 The Seller is liable without limitation on any legal basis:

- in cases of intent or gross negligence;
- in cases of intentional or negligent injury to life, body or health;
- on the basis of a guarantee promise, unless otherwise stipulated in this respect;
- on the basis of mandatory liability, for example under the German Product Liability Act.

8.2 If the Customer is a consumer resident in Germany or a trader, the following limitations of liability apply:

If the Seller negligently breaches an essential contractual obligation, liability is limited to the damage typical for the contract and foreseeable at the time the contract was concluded, unless the Seller is liable without limitation under the preceding clause. Essential contractual obligations are obligations imposed on the Seller by the content of the contract in order to achieve the purpose of the contract, the fulfilment of which is necessary for the proper performance of the contract and on compliance with which the Customer may regularly rely. Otherwise, the Seller’s liability is excluded unless the Seller is liable without limitation under the preceding clause.

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

9) Applicable law

All legal relationships between the parties are governed by the law of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only to the extent that it does not deprive them of the protection granted by mandatory provisions of the law of the country in which they have their habitual residence.

10) Place of jurisdiction

If the Customer is a merchant, 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 Seller’s registered office is the exclusive place of jurisdiction for all disputes arising from this contract. If the Customer’s registered office is outside the territory of the Federal Republic of Germany, the Seller’s registered office is the exclusive place of jurisdiction for all disputes arising from this contract where the contract or claims arising from the contract can be attributed to the Customer’s professional or commercial activity. In the above cases, however, the Seller is in any event also entitled to bring proceedings before the court at the Customer’s registered office.

11) Alternative dispute resolution

The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

Last updated: 19 September 2026, 03:45:01