Allgemeine Geschäftsbedingungen

General Conditions

§ 1 Basic provisions

(1) The following terms and conditions apply to contracts you enter into with us as the operator of the GIVENIA brand, via the website www.givenia.com. Unless otherwise agreed, the inclusion of any conditions you may have used is contradicted.
(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that cannot primarily be attributed to his or her independent commercial or professional activity. An entrepreneur is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of his or her independent commercial or professional activity.

§ 2 conclusion of the contract

(1) The subject of the contract is the sale of goods.
(2) Already with the list of the respective products on our website, we submit to you a binding offer to conclude a contract under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". By using the corresponding button in the navigation bar, you can call up the "shopping cart" and make changes to it at any time.
After calling up the "Payment" page and entering your personal data as well as the payment and shipping conditions, all order data will be displayed again on the order overview page.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Klarna, Sofortüberweisung, etc.) as a payment method, you will either be forwarded to the order overview page in our online shop or you will first be directed to the website of the provider of the instant payment systems transmitted.
If you are transferred to the corresponding instant payment system, make the appropriate selection or enter your data. Finally, you will be redirected to our online shop on the order overview page.
Before sending the order, you have the opportunity to check all the information again here, change it (also using the "back" function of the Internet browser) or cancel the purchase.
By submitting the order using the "Order with payment" button, you declare legally binding acceptance of the offer, by which the contract is concluded.
(4) Your requests regarding the creation of an offer are not binding on you. We will make you a binding offer in text form (e.g. by e-mail), which you can accept within 5 days.
(5) The processing of the order and the transmission of all information necessary for the conclusion of the contract are partially automated by e-mail. You must therefore ensure that the e-mail address you have stored with us is correct, the receipt of e-mails is technically ensured and in particular is not prevented by spam filters.

§ 3 Right of retention, reservation of ownership

(1) You may only exercise a right of retention if it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
(3) If you are an entrepreneur, the following rules also apply:
a) We reserve ownership of the goods until all claims from the current business relationship have been settled in full. Pledging or transfer as security is not permitted before the transfer of ownership of the reserved goods.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount resulting from the resale; we accept the assignment. You are also authorized to collect the claim. If you fail to properly fulfill your payment obligations, we reserve the right to collect the claim yourself.
c) If the reserved goods are combined and mixed, we acquire co-ownership of the new item in the ratio between the invoice value of the reserved goods and the other items processed at the time of processing.
d) We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. It is our responsibility to select the security to be released.

§ 4 Guarantee


(1) As a consumer, you are requested to immediately check the item for completeness, defects and damage during transport and to inform us and the freight forwarder of any complaints as soon as possible. If you notice any damage to one of your items or a missing or incomplete item, you can send us an electronic registered letter with acknowledgment of receipt within 3 days of delivery (excluding public holidays) to the following address: givenia@givenia.com . We strongly advise you to attach photos to this registered letter.
Exceptionally, some items may be shipped without blister packaging. However, these items are certified new and in their original packaging. This type of situation may exceptionally occur during an emergency restocking, in an effort to guarantee optimal shipping times for our customers.
(2) To the extent that you are an entrepreneur, deviating from the above warranty rules:
a) Only our own information and the manufacturer's product description are deemed to be accepted as a condition of the item, but not other advertisements, public promotions and statements of the manufacturer.
b) In the event of defects, we offer a guarantee of our choice by rectification or subsequent delivery. If the rectification of the defect fails, you can either request a reduction or withdraw from the contract. Corrective measures are deemed to have failed after a second unsuccessful attempt, unless the nature of the item or the defect, or other circumstances, result in particular. In the event of rectification, we do not have to bear the increased costs incurred by moving the goods to a place other than the place of performance, provided that the shipment does not correspond to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. The shortening of the period does not apply:
- damage to life, limb or health and other damage caused intentionally or through gross negligence;
- to the extent that we have maliciously concealed the defect or have given a guarantee for the quality of the item;
- for items which have been used for a building in accordance with their normal use and which have caused its failure;
- with legal remedies you have against us in relation to defects rights.


5. Prices and payment terms

5.1. The prices indicated in the respective offers as well as the shipping costs represent the total prices and include all price components, all taxes included.
5.2. The shipping costs incurred are not included in the purchase price. They can be viewed via a corresponding button on our website or in the respective offer, are displayed separately during the ordering process and are payable by you, unless free delivery is promised.
5.3. If delivery is made to countries outside the European Union, you may incur additional costs for which we are not responsible, such as customs duties, taxes or money transfer fees (bank transfer or exchange rate) at your expense.
5.4. You must bear the money transfer costs (bank transfer or exchange rate) in cases where delivery is made in an EU Member State but payment was initiated outside the European Union.
5.5. The payment methods available to you are indicated under a corresponding button on our website or in the respective offer.
5.6. Unless otherwise specified for individual payment methods, payment claims from the concluded contract must be paid immediately.

6. Delivery conditions

6.1. The delivery conditions, delivery date and any existing delivery restrictions can be found under a corresponding button on our website or in the respective offer.
6.2. Insofar as you are a consumer, it is legally regulated that the risk of accidental loss and accidental deterioration of the item sold is only transferred to you upon handover of the goods, regardless of whether the shipment is insured or not. This does not apply if you have independently commissioned a transport company not appointed by the entrepreneur or someone else to carry out the shipment.
If you are a contractor, delivery and shipping are at your own risk.

7. Legal liability for defects

Liability for defects is based on the "Warranty" regulation in our General Terms and Conditions (Part I).
These terms and conditions and customer information have been created by lawyers specializing in IT law and are constantly reviewed for legal compliance.