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Terms and Conditions

§ 1 Scope of Application

The delivery, services, and offers of Gexa Plus s.r.o. are made exclusively on the basis of these Terms and Conditions.

The following General Terms and Conditions apply to all present and future contracts between Gexa Plus s.r.o. and its customers. Customers within the meaning of these GTC are both consumers and entrepreneurs. A consumer within the meaning of these GTC is any natural person who enters into a business relationship for a purpose that cannot be attributed to their commercial or self-employed professional activity.

An entrepreneur within the meaning of these GTC is any natural or legal person or partnership with legal capacity who enters into a business relationship in the exercise of a commercial or self-employed professional activity.

§ 2 Conclusion of Contract

Our offers are non-binding. Technical changes as well as changes in form, color, and/or weight remain reserved within reasonable limits.

By ordering goods, the consumer submits a binding declaration of intent to purchase the ordered goods. We are entitled to accept the contractual offer contained in the order within two weeks after receipt. Acceptance may be declared either in writing or by delivering the goods to the consumer. If the consumer orders the goods electronically, we will immediately confirm receipt of the order. The confirmation of receipt does not yet constitute a binding acceptance of the order. The confirmation of receipt may be combined with the declaration of acceptance. The contract is concluded subject to correct and timely self-delivery by our suppliers. The consumer will be informed immediately about the unavailability of the service. Any consideration already provided will be refunded immediately.

§ 3 Delivery

Gexa Plus s.r.o. generally delivers goods in stock within 5–14 days after receipt of payment. In exceptional cases, delivery may take up to 30 days. If the delivery time exceeds 30 days, the consumer will be informed accordingly.

Any stated delivery times are always non-binding. Delivery difficulties due to force majeure, changed legal or official permits or laws, as well as operational disruptions of our suppliers, are not our responsibility, even in the case of firmly agreed delivery dates. In such cases, the delivery period shall be extended silently by the period required to resolve the problems. Gexa Plus s.r.o. is entitled to make partial deliveries without prior agreement, and the consumer is obliged to accept them. We reserve the right, in the event of unavailability of a product, either to deliver an equivalent product or not to deliver at all (“Only while stocks last!”).

As a retailer, we are obliged to inform our customers about the Battery Ordinance. Since many devices include batteries, we ask you to dispose of used batteries at a municipal collection point. Disposal in household waste is expressly prohibited under the Battery Ordinance.

§ 4 Right of Withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period is 14 days from the day on which you or a third party named by you, who is not the carrier,

a) took possession of the goods, provided that you ordered one or more goods as part of a single order and these are delivered together;

b) took possession of the last goods, provided that you ordered several goods as part of a single order and these are delivered separately;

c) took possession of the last partial shipment or the last item, provided that you ordered goods delivered in several partial shipments or pieces.

To exercise your right of withdrawal, you must inform us:

Gexa Plus s.r.o.
V Srni 150
273 03 Stochov - CZ
Company ID (IČO): 06970401
E-Mail: info (at) gexa-plus.com

by means of a clear declaration (e.g. a letter sent by post or email) of your decision to withdraw from this contract. You may use the attached model withdrawal form, although this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of Withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including delivery costs (except for the additional costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we receive notification of your withdrawal from this contract.

For this reimbursement, we will use the same means of payment that you used for the original transaction unless expressly agreed otherwise with you; in no event will you be charged any fees for this reimbursement. We may withhold reimbursement until we have received the goods back or until you have supplied evidence that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you inform us about the withdrawal from this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You bear the direct cost of returning the goods.

You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

Notice on the Exclusion of the Right of Withdrawal

The right of withdrawal does not apply to distance contracts:

  • for the supply of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive, or which are clearly tailored to the personal needs of the consumer;

  • for the supply of goods that are liable to deteriorate or expire rapidly;

  • for the supply of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery;

  • for the supply of goods which, after delivery, have been inseparably mixed with other goods due to their nature;

  • for the supply of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery;

  • for the supply of newspapers, magazines, or illustrated publications, except subscription contracts.

Model Withdrawal Form

You may use the following model withdrawal form for your withdrawal, although this is not mandatory:

To:

Gexa Plus s.r.o.
V Srni 150
273 03 Stochov - CZ
Company ID (IČO): 06970401
E-Mail: info (at) gexa-plus.com

I/We () hereby withdraw from the contract concluded by me/us () for the purchase of the following goods () / provision of the following service ()

Ordered on () / received on ()

Name of consumer(s)

Address of consumer(s)

Signature of consumer(s) (only if this form is notified on paper)

Date

(*) Delete as appropriate.

§ 5 Terms of Payment

Our invoices are generally payable in advance and without deduction immediately after the auction ends or after conclusion of the contract. We reserve the right to add individual payment options or, if necessary, remove them from our offer.

§ 6 Retention of Title

In contracts with consumers, Gexa Plus s.r.o. retains ownership of all goods delivered until full payment of the purchase price has been made. In contracts with entrepreneurs, Gexa Plus s.r.o. retains ownership of all delivered goods until all claims arising from an ongoing business relationship have been fully settled. This also applies to future claims. To enforce our retention of title, we are entitled to demand the immediate return of the reserved goods, excluding any right of retention, unless counterclaims have been legally established or are undisputed. If the purchaser or the person who accepted the goods does not immediately comply with this request, we or persons authorized by us are entitled to enter the purchaser’s premises in order to obtain direct possession of the reserved goods. The purchaser must provide information about the whereabouts of the goods and, if necessary, grant access to relevant business records.

§ 7 Warranty and Guarantee Conditions

Entrepreneurs are obliged to inspect the delivered goods immediately for obvious defects. Obvious defects must be reported in writing to Gexa Plus s.r.o. within two weeks of receipt of the goods. In the event of a breach of the obligation to inspect and notify defects, the goods shall be deemed approved with regard to the relevant defect, and warranty claims shall be excluded. The inspection and notification obligations for merchants pursuant to Section 377 of the German Commercial Code (HGB) remain unaffected.

No warranty rights exist in the case of damage caused by improper use or handling of the goods. The same applies to normal wear and tear.

According to statutory provisions, in the event of defects in the delivered goods, the customer initially only has a right to subsequent performance. Consumers have the choice of whether subsequent performance shall be carried out by repair or replacement delivery.

However, Gexa Plus s.r.o. remains entitled to refuse the chosen type of subsequent performance if it is only possible at disproportionate cost and the other type of subsequent performance remains reasonable.

Customers are not entitled to remedy an existing defect themselves or have it remedied by third parties. Any expenses incurred for this will not be reimbursed. If subsequent performance fails, consumers may, in accordance with statutory provisions, demand a reduction in the purchase price, withdraw from the contract, claim damages, or reimbursement of futile expenses.

For new goods, the limitation period for consumers’ claims for defects is two years, and for entrepreneurs one year from delivery of the goods. For used goods, the limitation period for consumers’ defect claims is one year from delivery. Warranty claims for used goods are excluded for entrepreneurs. This also applies to defects arising after conclusion of the contract and before transfer of risk.

§ 8 Liability

It is generally known that according to the current state of technology it is not possible to develop and operate computer programs (software) and data processing systems (hardware) completely error-free or to exclude all uncertainties associated with the Internet medium. We assume no strict liability for damages incurred by users or third parties arising from the use of our platforms as such. In the case of slightly negligent breaches of duty, our liability is limited to the foreseeable, contract-typical, direct average damage according to the type of goods. This also applies to slightly negligent breaches of duty by our legal representatives or vicarious agents. The above limitations of liability do not affect claims by consumers arising from product liability.

§ 9 Obligation to Provide Information

The buyer is obliged to provide truthful information during registration. If the buyer’s data changes, in particular name, address, email address, telephone number, or bank details, the buyer is obliged to inform us immediately at info@gexa-plus.com.

This email address is protected against spambots! You must enable JavaScript to view it. If the buyer fails to provide this information or provides false information from the outset, we may withdraw from the contract, provided that a contract has been concluded. The withdrawal must be declared in writing. The written form is also fulfilled by sending an email or fax. The customer must ensure that the email address provided by them is reachable from the time it is provided and that the receipt of email messages is not prevented due to forwarding, deactivation, or a full email account.

We are pleased about your interest in our online shop. Protecting your privacy is very important to us. Below, we provide detailed information about how we handle your data.

1. Access Data and Hosting

You can visit our websites without providing personal information. Each time a webpage is accessed, the web server automatically stores a so-called server log file, which may include the name of the requested file, your IP address, date and time of access, amount of data transferred, and the requesting provider (access data), documenting the access.

These access data are evaluated exclusively for the purpose of ensuring the smooth operation of the website and improving our services. This serves to safeguard our legitimate interests in the correct presentation of our offer in accordance with Art. 6 para. 1 sentence 1 lit. f GDPR. All access data are deleted no later than seven days after the end of your visit to the website.

Hosting Services by a Third-Party Provider

As part of processing on our behalf, a third-party provider supplies hosting and website display services for us. This serves to safeguard our legitimate interests in the correct presentation of our offer in accordance with Art. 6 para. 1 sentence 1 lit. f GDPR. All data collected within the framework of using this website or in forms provided in the online shop as described below are processed on its servers. Processing on other servers only takes place within the scope explained here.

This service provider is located in a country outside the European Union for which the European Commission has determined an adequate level of data protection by decision.

2. Data Collection and Use for Contract Processing and Customer Account Opening

We collect personal data when you voluntarily provide it to us as part of your order, when contacting us (e.g., via contact form or email), or when opening a customer account. Mandatory fields are marked as such because we absolutely require this data to process the contract, handle your contact request, or open the customer account, and without this information you cannot complete the order and/or account registration or send the contact request. The data collected can be seen from the respective input forms. We use the data you provide in accordance with Art. 6 para. 1 sentence 1 lit. b GDPR for contract processing and handling your inquiries. After full completion of the contract or deletion of your customer account, your data will be restricted for further processing and deleted after the expiration of tax and commercial law retention periods, unless you have expressly consented to further use of your data or we reserve the right to further data use permitted by law and about which we inform you in this declaration. Deletion of your customer account is possible at any time and can be done either by sending a message to the contact option described below or via a designated function in the customer account.

3. Data Sharing

For contract fulfillment pursuant to Art. 6 para. 1 sentence 1 lit. b GDPR, we pass your data to the shipping company commissioned with delivery, insofar as this is necessary for the delivery of ordered goods. Depending on the payment service provider selected during the ordering process, we pass on the payment data collected for this purpose to the credit institution commissioned with the payment and, where applicable, to payment service providers commissioned by us or selected by you. In some cases, the selected payment service providers also collect these data themselves if you create an account there. In this case, you must log in to the payment service provider with your access data during the ordering process. The privacy policy of the respective payment service provider applies in this regard.

4. Email Newsletter

Email Advertising with Newsletter Registration

If you subscribe to our newsletter, we use the data required for this purpose or separately provided by you to regularly send you our email newsletter based on your consent in accordance with Art. 6 para. 1 sentence 1 lit. a GDPR.

You can unsubscribe from the newsletter at any time either by sending a message to the contact option described below or via a link provided for this purpose in the newsletter. After unsubscribing, we delete your email address unless you have expressly consented to further use of your data or we reserve the right to further data use permitted by law and about which we inform you in this declaration.

5. Cookies and Web Analytics

To make visiting our website attractive and to enable the use of certain functions, display suitable products, or conduct market research, we use so-called cookies on various pages. This serves to safeguard our legitimate interests in an optimized presentation of our offer in accordance with Art. 6 para. 1 sentence 1 lit. f GDPR. Cookies are small text files automatically stored on your device. Some of the cookies we use are deleted after the end of the browser session, i.e., after closing your browser (so-called session cookies). Other cookies remain on your device and allow us to recognize your browser during your next visit (persistent cookies). You can find the storage duration in the overview of the cookie settings of your web browser. You can configure your browser so that you are informed about the setting of cookies and can decide individually on their acceptance or exclude the acceptance of cookies for specific cases or in general. Every browser differs in the way it manages cookie settings. This is described in the help menu of each browser, which explains how you can change your cookie settings. You can find these for the respective browsers at the following links:

If cookies are not accepted, the functionality of our website may be limited.

Use of Google (Universal) Analytics for Web Analysis

Provided you have given your consent in accordance with Art. 6 para. 1 sentence 1 lit. a GDPR, this website uses Google (Universal) Analytics, a web analytics service provided by Google LLC (www.google.de), for website analysis purposes. Google (Universal) Analytics uses methods such as cookies that enable analysis of your use of the website. The automatically collected information about your use of this website is generally transmitted to and stored on a Google server in the USA. By activating IP anonymization on this website, the IP address is shortened within member states of the European Union or in other contracting states of the Agreement on the European Economic Area before transmission. Only in exceptional cases is the full IP address transmitted to a Google server in the USA and shortened there. The anonymized IP address transmitted by your browser within the framework of Google Analytics is generally not merged with other Google data. Once the purpose no longer applies and the use of Google Analytics by us ends, the data collected in this context will be deleted.

Google LLC is headquartered in the USA and certified under the EU-US Privacy Shield. A current certificate can be viewed here. Based on this agreement between the USA and the European Commission, the latter has determined an adequate level of data protection for companies certified under the Privacy Shield.

You can revoke your consent at any time with effect for the future by downloading and installing the browser plugin available at the following link:
http://tools.google.com/dlpage/gaoptout?hl=de

This prevents the collection of data generated by the cookie and related to your use of the website (including your IP address) as well as the processing of this data by Google.

Alternatively to the browser plugin, you can click this link to prevent future collection by Google Analytics on this website. An opt-out cookie will be stored on your device. If you delete your cookies, you will be asked again to give your consent.

6. Social Media Plugins

Use of Social Plugins from Facebook and Instagram Using the Shariff Solution

Social buttons from social networks are used on our website.

This serves to safeguard our legitimate interests in optimal marketing of our offer in accordance with Art. 6 para. 1 sentence 1 lit. f GDPR. To increase the protection of your data when visiting our website, these buttons are not fully integrated as plugins, but only embedded into the page using an HTML link. This integration ensures that when accessing a page on our website containing such buttons, no connection is yet established with the servers of the respective social network provider.

If you click one of the buttons, a new browser window opens and accesses the page of the respective service provider, where you can (possibly after entering your login data) activate the Like or Share button, for example.

For the purpose and scope of data collection and the further processing and use of data by the providers on their pages, as well as a contact option and your rights and setting options for protecting your privacy, please refer to the providers’ privacy notices:

YouTube Video Plugins

This website integrates content from third-party providers. This content is provided by Google LLC (“Provider”).

YouTube is operated by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”).

For YouTube videos embedded on our site, the enhanced privacy mode is activated. This means that no information about website visitors is collected and stored by YouTube unless they play the video. The integration of videos serves to safeguard our legitimate interests in optimal marketing of our offer in accordance with Art. 6 para. 1 sentence 1 lit. f GDPR.

For the purpose and scope of data collection and the further processing and use of data by the providers, as well as your rights and setting options for protecting your privacy, please refer to Google’s privacy notices:

7. Contact Options and Your Rights

As a data subject, you have the following rights:

  • pursuant to Art. 15 GDPR, the right to request information about your personal data processed by us within the scope specified therein;

  • pursuant to Art. 16 GDPR, the right to request the immediate correction of inaccurate or completion of your personal data stored by us;

  • pursuant to Art. 17 GDPR, the right to request deletion of your personal data stored by us, unless further processing is required:

    • to exercise the right to freedom of expression and information;

    • to comply with a legal obligation;

    • for reasons of public interest; or

    • for the establishment, exercise, or defense of legal claims;

  • pursuant to Art. 18 GDPR, the right to request restriction of processing of your personal data insofar as:

    • the accuracy of the data is contested by you;

    • the processing is unlawful, but you oppose their deletion;

    • we no longer need the data, but you require them for the establishment, exercise, or defense of legal claims; or

    • you have objected to processing pursuant to Art. 21 GDPR;

  • pursuant to Art. 20 GDPR, the right to receive your personal data that you have provided to us in a structured, commonly used, and machine-readable format or to request transmission to another controller;

  • pursuant to Art. 77 GDPR, the right to lodge a complaint with a supervisory authority. As a rule, you can contact the supervisory authority at your habitual residence, workplace, or our company headquarters.

If you have any questions regarding the collection, processing, or use of your personal data, information, correction, restriction, or deletion of data, as well as revocation of granted consents or objection to a specific data use, please contact us directly using the contact details provided in our legal notice (Imprint).​​

8. Payment

  • Prepayment

  • Klarna

  • Paypal

  • credit card

  • Debit card

  • (Google Pay, Apple Pay)

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