General terms and conditions (private customers)
General terms and conditions for the offer, use and business transactions at 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 The business transaction and delivery take place exclusively in accordance with the present 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 is available here.
(1) "Customers" in the sense of these terms and conditions are consumers.
(2) "Consumers" in the sense of these terms and conditions are natural persons for whom the purpose of the business transaction is not a commercial, independent 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 neither willing nor obliged to take part in dispute settlement 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 with 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.). When entering your personal data required for registration, you are responsible for providing truthful and complete information. You are obliged to treat your personal access data confidentially and not to make it accessible to 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. The confirmation of the registration follows immediately after the registration is sent.
2.4 Your customer account is not transferable and may only be used by you personally. Re-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 order from 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 entitled to have multiple customer accounts at the same time. We reserve the right to delete multiple registrations and to warn or inform 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 data.
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 - also with regard to the price information - are non-binding and merely represent non-binding requests for the customer to submit an offer to buy.
3.3 The selected goods are collected in the shopping cart. After entering the payment and shipping information, you submit a binding offer to purchase 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 accuracy of your information and, if necessary, to correct it. We confirm the receipt of the order immediately after sending the order by an automatic confirmation email. However, this e-mail does not yet represent a binding acceptance of the offer, it only serves to provide you with information about the technically flawless transmission of the order.
3.4 A binding contract is only concluded when the goods are dispatched.You will be informed about the dispatch with another dispatch confirmation e-mail. You can see your current orders in your customer account.
3.5 A purchase for the purpose of commercial resale is not permitted. Any commercial 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 contract text will not be saved with the orders.
4. Availability, prices
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 a generic product. The scope of our delivery obligation is limited to the goods in stock.
4.2 The range of goods may differ in color and design with regard to the images in the online shop.
4.3 The prices listed in the online shop at the time of the order apply. The prices given are final prices, which means that they include the applicable German statutory value added tax and other price components. If, against all efforts, price information is incorrect in individual cases, we will immediately point out the incorrect presentation and give you the opportunity to decide whether you want to keep the order at the corrected price or revoke your offer. If you have not made your 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 any advance payments. In this case, you will be informed of the delivery problems by email.
5. Payment, delivery
5.1 Green Monkey Club basically offers the payment methods prepayment, credit card (Visa / Mastercard / Amex), Amazon Pay, PayPal and various cryptocurrencies. You determine how you want to pay each time you 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. In no case will we assume the costs of a money transaction.
5.4 Green Monkey Club only sends orders to addresses in Germany and the EU. The shipping costs for a delivery to Germany or Austria are € 4.95. Shipping is free of charge for orders of € 50 or more. Green Monkey Club allows itself to charge shipping costs of € 20.00 per order for shipping to the EU countries listed below and 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 For consumers, the risk of accidental loss and accidental deterioration of the goods is transferred 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 is transferred to the buyer when the goods are handed over or, in the case of sale by mail order, when the goods are delivered to the freight forwarder or the person or institution otherwise assigned to carry 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 make partial deliveries.
5.8 In the event of adverse delivery circumstances due to force majeure, our delivery time is extended appropriately. Force majeure is equivalent to strikes, lockouts, missing deliveries by subcontractors, official interventions as well as all other hindrances that, from an objective point of view, were not culpably caused by us. Green Monkey Club will notify 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, especially for damages, do not exist.
5.9 If you make use of your right of withdrawal, we will cover the regular costs of the return for you.
6. Legal right of withdrawal
You have the statutory right of withdrawal described in more detail below. For details please click here .
7. Reservation of title
The goods remain our property until full payment has been made.
8. Warranty rights
There are statutory warranty rights for all goods from our shop. If the goods we have delivered are defective, you can, within the framework of the statutory provisions, request either the removal of the defect or the delivery of non-defective goods (supplementary performance). If the supplementary performance fails, you can reduce the purchase price or withdraw from the contract in the event of a significant defect.
9. Promotion vouchers
Promotional vouchers are vouchers that we issue as part of advertising campaigns with a certain period of validity. You cannot purchase promotional vouchers. Promotion vouchers are only valid for www.greenmonkey.io and only in the specified period. We can exclude individual articles from the voucher campaign. Promotion vouchers can only be redeemed once during an order process. The value of the goods must be at least equal to the amount of the campaign voucher. A refund of any remaining credit is not possible for administrative reasons. You can only redeem a campaign voucher before completing an order process. Subsequent billing is not possible. We neither pay out the balance of a campaign voucher in cash, nor do we earn any interest. If the balance of a campaign voucher is insufficient for the order, the difference can be offset with the payment options offered. The campaign voucher will not be refunded if goods are wholly or partially returned, provided that the campaign voucher was issued as part of a promotion and no consideration was provided for it. You are not entitled to transfer promotional vouchers to third parties. You are not entitled to combine several campaign vouchers with one another.
10.1 We and our legal representatives and vicarious agents are only liable for damage other than injury to life, body and health insofar as this damage is based on willful or grossly negligent action or on culpable breach of an essential contractual obligation by us or our vicarious agents. Essential to the contract is an obligation, the fulfillment of which enables the proper execution of the contract in the first place and which you can regularly rely on to be observed. 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 contract-typical, foreseeable damage if this was caused negligently, unless it concerns claims for damages resulting from injury to life, body 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 constant availability of the offer at www.greenmonkey.io.
11. Offsetting / right of retention
You are only entitled to offset if your counterclaims have been legally established or recognized by the 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 contents of the online shop, in particular the photographs, images and descriptions, are largely protected by copyright or trademark law. Use of the content that goes beyond the search or purchase in the online shop can violate the rights of third parties or the rights of the Green Monkey Club and result in legal consequences such as 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 website of the Green Monkey Club 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.Please also 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. Applicable 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 Convention on Contracts for the International Sale of Goods do not apply. The same applies to any other international agreements, even after they have been adopted into German law. For contracts with consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
14. Place of jurisdiction
The place of business of the Green Monkey Club (Munich) is agreed as the exclusive place of jurisdiction for business people, legal entities under public law or special funds under public law. In this case, we are also entitled to sue at the customer's registered office.
15. Change of 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 disruptions or to adapt to changed legal or technical framework conditions. Green Monkey Club will inform you about the corresponding adjustment by 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 in writing or in text form within six weeks after receipt of the notification of change.
16. Severability Clause
Should any provision of this contract be or become ineffective, the validity of the rest of the contract will not be affected. In place of the ineffective provision, the respective statutory regulation applies. The same applies in the event of a loophole.
As of September 2019.