General terms and conditions (private customers)
General terms and conditions for the offer, use and business transaction under www.greenmonkey.io and all subdomains belonging to this domain.
1.1. The contractual partner for all orders placed via the online shop under the aforementioned domain is:
Green Monkey Club GmbH & Co. KG
Managing Director Bodo Kohlenbach
tel. +49 89 2488667-40
(hereinafter: “Green Monkey Club”)
1.2 The domain www.greenmonkey.io is operated by Green Monkey Club.
1.3 Business transactions and delivery are carried out exclusively in accordance with these General Terms and Conditions. Any conflicting or deviating general terms and conditions do not apply. The processing of personal data is regulated in a separate data protection declaration, which can be accessed here.
(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 transaction is not commercial, self-employed or can be attributed to freelance work.
1.5 Alternative dispute resolution in accordance with the Consumer Dispute Settlement Act
We would like to point out that we are not willing and not obliged to participate in dispute resolution proceedings before a consumer arbitration board.
2.1 By registering and agreeing to these terms and conditions, the data protection declaration and a credit check, you can create a customer account at Green Monkey Club. You must be of legal age to do this. 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 and to update it in the event of changes (e.g. moving house, marriage, etc.). You are responsible for providing 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 it accessible to any unauthorized third party.
2.3 When registering, you enter your name, your address and a password. The password must be kept secret and must be sufficiently complex. The confirmation of the registration follows immediately after the registration has been sent.
2.4 Your customer account is not transferable and may only be used by you personally. A renewed registration after termination of your customer account by Green Monkey Club is prohibited.
2.5 Green Monkey Club is not obliged to accept a registration or the order of a registered customer. We are also not obliged to keep our offer permanently available. Orders that have already been confirmed remain unaffected.
2.6 The customer account only entitles you to use our online shop for your own non-commercial purposes.
2.7 You are not authorized to maintain multiple customer accounts at the same time. We reserve the right to delete multiple registrations and to warn or notify customers who violate the aforementioned provisions or to delete or change 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 details.
3. Conclusion of contract
3.1 The online shop is available in German. The offer in the online shop is aimed exclusively at natural persons of legal age.
3.2 All offers of goods presented by us are non-binding - also with regard to the price information - and merely represent non-binding requests for the customer to submit a purchase offer
3.3 The selected goods are collected in the shopping cart. After entering the payment and shipping information, you submit a binding purchase offer for the items in the shopping cart by clicking on the "Order with obligation to pay" button. Before submitting the binding order, you have the opportunity to check the correctness of your information and correct it if necessary. We confirm the receipt of the order immediately after sending the order by an automatic confirmation of receipt e-mail. However, this e-mail does not represent a binding acceptance of the offer, it only serves to inform you about the technically flawless transmission of the order.
3.4 A binding contract only comes about when the goods are shipped. You will be informed about the shipping with another shipping confirmation e-mail. You can view your current orders in your customer account.
3.5 A 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 producer is prohibited. In the event of a violation of this regulation, we reserve the right to exclude you from purchasing our goods in the future.
3.6 The text of the contract is not saved with the orders.
4. Availability, Pricing
4.1 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 generic goods. The scope of our delivery obligation is limited to the inventory in stock.
4.2 The range of goods may differ in color and design from the illustrations in the online shop.
4.3 The prices listed in the online shop at the time of the order 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 our best efforts, price information is incorrect in individual cases, we will immediately point out the incorrect description and offer you the opportunity to decide whether you want to keep the order at the corrected price or withdraw your offer. If you haven't made a decision within 7 working days, we will cancel the order and inform you of this by email.
4.4 If the goods are not available or longer delivery delays are foreseeable, you will be reimbursed for any advance payments. In this case, you will be informed of the delivery problems by email.
5. payment, delivery
5.1 Green Monkey Club generally offers the payment methods prepayment, credit card (Visa/ Mastercard/Amex), Amazon Pay, PayPal and various crypt currencies. You decide how you want to pay for each 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 Green Monkey Club only accepts payments from accounts within the European Union. Under no circumstances will we bear the costs of a money transaction.
5.4 Green Monkey Club only ships orders 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, shipping is free of charge.Green Monkey Club is allowed to charge shipping costs of €20.00 per order for shipping to the EU countries listed below, regardless 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
5.6 The risk of accidental loss and accidental deterioration of the goods passes to consumers in the case of mail-order sales when the goods are handed over to the consumer or a recipient specified by him, regardless of whether the shipment is insured or not. Otherwise, the risk of accidental loss and accidental deterioration of the goods passes to the buyer upon delivery, in the case of mail-order sales upon delivery of the goods to the carrier or the person or institution otherwise responsible for carrying out the shipment.
5.7 Green Monkey Club is entitled to make partial deliveries if this is reasonable for the customer. But we are not obliged to partial deliveries.
5.8 If adverse delivery circumstances occur due to force majeure, our delivery time will be extended appropriately. Strikes, lockouts, lack of deliveries by subcontractors, official interventions and all other hindrances which, from an objective point of view, were not culpably caused by us, are equivalent to force majeure. Green Monkey Club will inform you of the start and end of such obstacles immediately. If the obstacle in the aforementioned cases lasts for a period of more than 4 weeks after the originally applicable delivery times, you are entitled to withdraw from the contract. Further claims, in particular for damages, do not exist.
5.9 If you make use of your right of cancellation, we will assume the regular costs of the return for you.
6. Statutory right of withdrawal
You are entitled to the statutory right of withdrawal described in more detail below. For details please click here
7. retention of title
The goods remain our property until full payment.
8. Warranty Rights
All goods from our shop are subject to statutory warranty rights. If the goods delivered by us are defective, you can choose to have the defect rectified or delivery of goods free of defects (subsequent performance) within the framework of the statutory provisions. If the supplementary performance fails, you can reduce the purchase price or, in the case of a significant defect, withdraw from the contract.
9. Promotional coupons
Action vouchers are vouchers that we issue as part of advertising campaigns with a specific period of validity. You cannot purchase promotional vouchers. Promotional vouchers are only valid for www.greenmonkey.io and only in the specified period. We can exclude individual items from the voucher campaign. Promotional vouchers can only be redeemed once during an order process. The value of the goods must at least correspond to the amount of the promotional voucher. A refund of any remaining credit is not possible for administrative reasons. You can only redeem a promotional voucher before completing an order process. Subsequent offsetting is not possible. We do not pay out the credit on a promotional voucher in cash, nor do we earn interest on it. If the credit on a promotional voucher is not sufficient for the order, the difference can be made up with the payment options offered. The campaign voucher will not be refunded if goods are returned in whole or in part, provided that the campaign voucher was issued as part of a promotion and no consideration was given in return.You are not permitted to transfer promotional vouchers to third parties. You are not permitted to combine multiple promotional vouchers.
10.1 We and our legal representatives and vicarious agents are only liable for damage other than damage to life, limb and health if this damage is based on intentional or grossly negligent action or on culpable violation of a material contractual obligation by us or our vicarious agents. An obligation is essential to the contract, the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which you can 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 Act remain unaffected. In the event of a breach of essential contractual obligations, Green Monkey Club is only liable for the contractually typical, foreseeable damage if this was caused by negligence, unless it is a matter of claims for damages resulting from injury to life, limb or health.
10.2 According to the current state of the art, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. We are therefore not liable for the availability of the offer at www.greenmonkey.io.at all times
11. Offsetting / right of retention
You only have the right to offset if your counterclaims have been legally established or recognized by Green Monkey Club. In addition, you are only authorized 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 content of the online shop, in particular the photographs, illustrations and descriptions, are largely protected by copyright or trademark law. Any use of the content that goes beyond the search or purchase in the online shop can infringe the rights of third parties or the rights of the Green Monkey Club and result in legal consequences such as claims for injunctive relief and claims for damages.
In addition, please note that you are prohibited from systematically extracting and/or reusing the aforementioned content 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 collection and extraction programs to extract content from the online shop, other information on the Green Monkey Club website or other essential parts of our website for reuse. Furthermore, please note that you may not create and/or publish your own database, the contents of the online shop, other information on the Green Monkey Club website or other parts of the website (e.g. our prices and product information) without our express written consent ) includes.
13. Governing Law
The legal relationship between you and Green Monkey Club is subject to the law of the Federal Republic of Germany. The provisions of the Vienna UN Sales Convention do not apply. The same applies to any other international agreements, even after their adoption into German law. In the case of contracts with consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
With merchants, legal entities under public law or special funds under public law, the place of business of the Green Monkey Club (Munich) is agreed as the exclusive place of jurisdiction. In this case, we are also entitled to sue at the customer's registered office.
15. Change of the terms and conditions
Green Monkey Club is entitled to unilaterally change these terms and conditions - insofar as they are introduced into the contractual relationship with the customer - insofar as this is necessary to eliminate subsequent equivalence disturbances or to adapt to changed legal or technical framework conditions. Green Monkey Club will inform you about the corresponding adjustment, notifying you of the content of the changed regulations. The change will become part of the contract unless you object to the inclusion in the contractual relationship with us in writing or in text form within six weeks of receipt of the notification of the change.
16. Severability clause
Should a provision of this contract be or become invalid, the validity of the rest of the contract shall not be affected. The respective statutory regulation takes the place of the ineffective provision. The same applies in the event of a loophole.
Status: September 2019.