GENERAL TERMS AND CONDITIONS

General terms and conditions (private customers)

General Terms and Conditions for the offer, use and business transactions under www.greenmonkey.io and all subdomains belonging to this domain.


1. General information

1.1. The contractual partner for all orders placed via the online store under the aforementioned domain is the:

Green Monkey Club GmbH & Co. KG
Managing Director Bodo Kohlenbach
Beethovenplatz 2
80336 Munich
Germany

HRA 109217
DE320071477

Email. hello@greenmonkey.io
Tel. +49 89 2488667-40

(hereinafter referred to as “Green Monkey Club”)


1.2 The domain www.greenmonkey.io is operated by Green Monkey Club.

1.3 The business transaction and delivery shall be carried out exclusively in accordance with the present General Terms and Conditions. Any conflicting or deviating General Terms and Conditions shall not apply. The processing of personal data is regulated in a separate data protection declaration, which can be called up here.

1.4 Definitions
(1) “Customers” within the meaning of these GTC are consumers.
(2) “Consumers” within the meaning of these GTC are natural persons for whom the purpose of the business transaction cannot be attributed to a commercial, independent or freelance activity.

1.5 Alternative dispute resolution according to the Consumer Dispute Resolution Act
We would like to point out that we are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.


2. Registration

2.1 By registering and agreeing to these General Terms and Conditions, the Privacy Policy and a credit check, you can create a customer account with Green Monkey Club. You must be of legal age for this purpose. There is no entitlement to a customer account with Green Monkey Club.

2.2 You are obliged to keep your registration data up to date at all times and to update them in the event of changes (e.g. relocation, marriage, etc.). You are responsible for truthful and complete information when entering your personal data required for registration. You are obligated to treat your personal access data confidentially and not to make them available to any unauthorized third parties.

2.3 When registering, you provide your name, address and a password. The password must be kept secret and must be sufficiently complex. Confirmation of the registration follows immediately after sending the registration.

2.4 Your customer account is non-transferable and may only be used by you personally. A renewed registration after cancellation of your customer account by Green Monkey Club is prohibited.

2.5 The Green Monkey Club is not obliged to accept a registration or the order of a registered customer. Nor are we obliged to keep our offer permanently available. Orders already confirmed remain unaffected by this.

2.6 The customer account entitles you to use our online store exclusively for your own non-commercial purposes.

2.7 You are not entitled to maintain several customer accounts at the same time. We reserve the right to delete multiple customer accounts and to warn or notify customers who violate the aforementioned provisions or to delete or modify content.

2.8 In your password-protected customer account you can view your orders and the status of your current orders as well as manage your address and payment data.


3. Termination of contract

3.1 The online store is available in German language. The offer in the online store is directed exclusively at natural persons of full age. The submission of an order requires that you have a customer account.

3.2 All offers of goods presented by us are subject to change – also with regard to prices – and are merely non-binding invitations to the customer to submit a purchase offer.

3.3 The selected goods are collected in the shopping cart. After providing the payment and shipping information, you submit a binding purchase offer for the items in the shopping cart by clicking on the button “Order subject to payment”. Before the binding submission of the order, you have the opportunity to check the correctness of your information and correct it if necessary. We will confirm the receipt of your order immediately after sending the order by an automatic receipt confirmation e-mail. However, this e-mail does not yet represent a binding acceptance of the offer, it only serves to inform you about the technically correct transmission of the order.

3.4 A binding contract is only concluded when the goods are dispatched. You will be informed about the dispatch of the goods by another dispatch confirmation e-mail. You can view your current orders in your customer account.

3.5 Purchase for the purpose of commercial resale is not permitted. Any industrial or commercial resale of the purchased goods without obtaining prior consent from us or the producers is prohibited. We reserve the right to exclude you from the purchase of our goods in the future in case of a violation of this regulation.

3.6 The text of the contract will not be stored together with the orders.


4. Availability, Prices

4.1 The Green Monkey Club is not obliged to keep the offer permanently available. We do not assume any procurement risk, not even in the case of a purchase contract for a generic product. The scope of our delivery obligation is limited to the stock of goods in stock.

4.2 The range of goods on offer may differ in color and design from the illustrations in the online store.

4.3 The prices listed in the online store at the time of ordering shall apply. The prices quoted are final prices, i.e. they include the applicable German statutory value added tax and other price components. If, contrary to all efforts, price quotations are incorrect in individual cases, we shall immediately notify you of the incorrect representation and offer you the opportunity to decide whether you wish to retain the prices quoted in the order at the corrected price or withdraw your offer. If you have not decided within 7 working days, we will cancel the order and inform you by e-mail.

4.4 If the goods are not available or longer delivery delays are foreseeable, any advance payments will be refunded. In this case you will be informed about the delivery difficulties by e-mail.


5. Payment, Delivery

5.1 The Green Monkey Club basically offers the payment methods prepayment, credit card (Visa/Mastercard/Amex), Amazon Pay and PayPal. You decide how you want to pay with each new order.

5.2 If you use the payment system of an external service provider such as Amazon Pay, PayPal, you must comply with their general terms and conditions.

5.3 The Green Monkey Club accepts payments only from accounts within the European Union. The costs of a money transaction are not covered by us in any case.

5.4 The Green Monkey Club sends orders exclusively to addresses in Germany and the EU. The shipping costs for a delivery to Germany or Austria are 4.95 €. From an order value of 50,00 € the shipping is free of charge. The Green Monkey Club allows itself to charge shipping costs of 20.00 € for shipping to the EU countries listed below per order and independent of the number of items ordered: Belgium, Bulgaria, Denmark, Estonia, Finland, France, Greece, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Sweden, Slovakia, Slovenia, Spain, Czech Republic, Hungary, Cyprus.

5.5 The risk of accidental loss and accidental deterioration of the goods shall pass to consumers in the case of mail-order purchases when the goods are handed over to the consumer or a recipient specified by the consumer, irrespective of whether the goods are insured or not. Otherwise, the risk of accidental loss and accidental deterioration of the goods shall pass to the buyer upon delivery, in the case of mail order purchases upon delivery of the goods to the carrier or other person or institution designated to carry out the shipment.

5.6 The Green Monkey Club is entitled to make partial deliveries if this is reasonable for the customer. But we are not obliged to make partial deliveries.

5.7 In the event of the occurrence of impairing delivery circumstances due to force majeure, our delivery time will be extended appropriately. Strike, lockout, lack of supply by subcontractors, official interventions as well as all other hindrances, which, from an objective point of view, have not been culpably caused by us, are equivalent to force majeure. The Green Monkey Club will inform you immediately of the beginning and end of such hindrances. If the obstacle in the above-mentioned cases lasts for a period of more than 4 weeks after the originally applicable delivery times, you shall be entitled to withdraw from the contract. There are no further claims, for compensation.

5.8 If you make use of your right of withdrawal, we shall bear the regular costs of the return shipment for you.


6. Legal Right of Withdrawal

You are entitled to the legal right of withdrawal described in more detail below.. For more details please click here .


7. Reservation of Proprietary Rights

The goods remain our property until full payment has been received.


8. Warranty Rights

For all goods from our store there are legal warranty rights. Should the goods delivered by us be defective, you can, within the framework of the legal regulations, choose to demand either the removal of the defect or the delivery of goods free of defects (supplementary performance). If the supplementary performance fails, you can reduce the purchase price or, in case of a significant defect, withdraw from the contract.


9. Campaign Vouchers

Promotional vouchers are vouchers that we issue as part of advertising campaigns with a certain validity period. Promotional vouchers cannot be purchased. Promotional vouchers are only valid for www.greenmonkey.io and only during the specified period. We can exclude individual items from the voucher promotion. Promotional vouchers can only be redeemed once during an order process. The value of goods must be at least the amount of the promotion voucher. A refund of any remaining credit is not possible for administrative reasons. You can only redeem a promotion voucher before completion of an order process. A subsequent settlement is not possible. We do not pay out the credit balance of a promotion voucher in cash, nor do we pay interest on it. If the credit balance of a promotion voucher is not sufficient for the order, the difference can be balanced with the offered payment options. The action coupon is not refunded, if goods are returned totally or partly if the action coupon was spent in the context of a promotion and no return service was furnished for it. You are not entitled to transfer promotion vouchers to third parties. You are not entitled to combine several promotion vouchers.


10. Liability

10.1 We, our legal representatives and our vicarious agents shall only be liable for damages other than those resulting from injury to life, body and health if such damages are based on intentional or grossly negligent acts or on culpable violation of an essential contractual obligation by us or our vicarious agents. An essential contractual obligation is an obligation whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance you may regularly rely. Any further liability for damages is excluded. Claims from a guarantee given by us for the quality of the goods and from the product liability law remain unaffected by this. In the event of a breach of essential contractual obligations, the Green Monkey Club shall only be liable for the foreseeable damage typical of the contract if this has been caused by negligence, unless it is a matter of claims for damages arising from injury to life, body or health.

10.2 Given the current state of the art, data communication via the Internet cannot always be guaranteed to be error-free and/or available. We are therefore not liable for the constant availability of the offer at www.greenmonkey.io.


11. Set-Off / Right of Retention

You are only entitled to a right of set-off if your counterclaims have been legally established or recognized by Green Monkey Club. Furthermore, you are only entitled to exercise a right of retention if your counterclaim is based on the same contractual relationship.


12. Copyright and Trademark Rights, Database Rights

Please note that the contents of the online store, in particular the photographs, illustrations and descriptions are largely protected by copyright or trademark law. Any use of the contents that goes beyond searching or purchasing in the online store may infringe the rights of third parties or the rights of the Green Monkey Club and may result in legal consequences such as injunctive relief and claims for damages.

Furthermore, please note that you are prohibited from systematically extracting and/or re-using the aforementioned contents of the Online Shop, other information on the Green Monkey Club website or other parts of the website without the express written consent of the Green Monkey Club. In particular, you may not use any data mining, crawlers, bots or similar data gathering and extraction programs to extract for re-use any content of the Online Shop, other information contained on the Green Monkey Club website or any other substantial parts of our website. Furthermore, please note that you may not create and/or publish your own database, use the contents of the online store, other information contained on the Green Monkey Club website, or any other material on the Green Monkey Club website without our express written consent.


13. Applicable Law

The legal relationship between you and the Green Monkey Club is subject to the laws of the Federal Republic of Germany. The provisions of the Vienna UN Convention on Contracts for the International Sale of Goods shall not apply. The same shall apply to any other intergovernmental agreements, even after their incorporation into German law. In the case of contracts with consumers, this choice of law shall only apply insofar as the granted protection is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.


14. Place of Jurisdiction

The registered office of the Green Monkey Club (Munich) shall be agreed as the exclusive place of jurisdiction for merchants, legal entities under public law or special funds under public law. In this case we are also entitled to take legal action at the customer’s place of business.


15. Amendment of General Terms

The Green Monkey Club is entitled to amend these General Terms and Conditions of Business – insofar as they have been introduced into the contractual relationship with the customer – unilaterally, insofar as this is necessary to eliminate equivalence disturbances that arise subsequently or to adapt them to changed legal or technical conditions. The Green Monkey Club will inform you of the corresponding adaptation by notifying you of the content of the amended regulations. The change will become part of the contract unless you object to its inclusion in the contractual relationship with us in writing or in text form within six weeks of receipt of the notification of change.


16. Severability Clause

Should any provision of this contract be or become invalid, the validity of the rest of the contract shall not be affected. The invalid provision shall be replaced by the respective legal regulation. The same applies in the case of a loophole.


Status: September 2019