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Our terms and conditions
Your seller and contractual partner
Ekon GmbH St. Lorenznerstraße, 2
I-39031 Bruneck (BZ)
General manager:Johann Moser
Private limited company
Commercial register Bozen, number 01637750215
VAT ID:IT01637750215
www.my-gekko.com
Customer support and complaint management:
Our Customer Support is at your disposal for questions, suggestions, claims and complaints from Monday to Friday, from 08:00 to 12:00 am and from 13:00 to 17:00 pm (please pay attention to the public holidays of the Italian calendar) under the following numbers:
Phone number Italy:+39 0474 551820
Phone number Germany:+49 (0) 180 1020668443
E-mail: support@my-gekko.com
Homepage: www.my-gekko.com
(please pay attention to the public holidays of the Italian calendar)
Customer satisfaction is very important for us.You can contact us at any time using the mentioned contact data.We will do our best to process your request as soon as possible and will contact you after the receipt of the documents or the complaint.In case of complaint, please send us an accurate description of the problem and eventually a copy of the ordering documents or at least order number, customer number etc.If you don't receive any reply within 5 working days, please send a new request.In rare cases, e-mail can end in the spam filter of our or your mailbox or not reach the recipient for some other reason.
Object of the general terms and conditions (GTC)
The following GTC contain indications, shipping conditions and legal information about your rights according to the regulations about contracts for distance sales and electronic transactions, in the following order:
1. Applicability
2. Offers and descriptions
3. Ordering process and conclusion of contract
4. Prices and shipping costs
5. Supply, product availability
6. Terms of payment
7. Reservation of ownership
8. Warranty
9. Liability
10. Right of revocation
11. Exclusion of revocation right
12. Returns
13. Storing and visualization of the contract text
14. Data protection
15. Place of jurisdiction, applicable law, contractual language
16.Modification of the general terms and conditions
1. Applicability:
1.1 For the business transactions between Ekon GmbH, Rienzfeldstrasse 30, I- 39031 Bruneck (BZ) (hereinafter called "Seller") and the customer as consumer (hereinafter called "Customer") the general terms and condition shall apply exclusively in the version applicable at the time of of the order.
1.2 According to these terms and conditions, a consumer is a physical person who concludes a legal transaction for a purpose which cannot be attributed to its commercial or independent professional activities.
1.3 Deviating conditions of the customer apply only if they are expressly acknowledged in writing by the seller.
2. Offers and descriptions
2.1.The presentation of products in our online shop is not a legally binding offer but a non-binding online catalogue which offers the possibility to order the products.The performance descriptions in the catalogues and in the websites of the seller do not represent a guarantee or warranty of certain properties
2.2.All offers are valid on a "first come, first served" basis, if not specified otherwise.Errors are excepted.
3. Ordering process and conclusion of contract
3.1.The customer can select the products from the range proposed by the seller without commitment and collect them in a so called shopping cart with the push-button [Add to cart].
3.2 Afterwords, the customer can activate the push-button [Checkout] in the shopping cart page to proceed with the ordering process.
3.3 In the page “Checkout” he can enter the invoice address and the shipping address, display an order overview and choose the terms of payment.Mandatory fields are marked with a star “ * ".
3.4 Activating the button [Next], a new overview is displayed, where the customer can see the entered data, the products in the shipping kart, the transport and the total amount of the order.Here he has a last possibility to modify data and products or cancel the order by clicking once or more times on the function "Back" to recall the previous pages.
3.5.With the push-button [Buy now], the customer gives a binding purchase confirmation for the products in the shopping cart and the order is sent to the seller.
3.6.Thereupon the seller sends an automatic acceptance confirmation to the e-mail address of the customer which contains again all the order data and which can be printed with the function "Print".This automatic confirmation e-mail documents only that the seller has received the order and does not represent an order confirmation.The selling contract is valid when the seller ships the ordered and fully paid product within 5 working days or confirms the shipping in a second e-mail containing the order confirmation or the invoice.Pay attention to the public holidays of the Italian calendar.
4. Prices and shipping costs
4.1.All prices indicated in the web site and in the internet shop of the seller include value added tax (VAT) at the currently applicable rate or the Italian value added tax.For the internet shop orders, the prices valid at the time of the purchase order shall apply.
4.2.Additionally to the stated prices, the seller charges shipping costs for the delivery.The shipping costs and the shipping method are clearly displayed in the respective page and during the ordering process.
4.3 The customer receives a message from the seller at the provided e-mail address when the goods leave the house.If delivery was not possible, the customer will receive a message from the carrier, who will provide for further possibilities.We do not deliver to post office boxes.
5. Supply, product availability
5.1.If at the time the purchase order is placed the selected products are not available, the seller has to inform the customer in the order confirmation.If the product will not be available anymore, the seller sends no acceptance declaration.In this case the contract is cancelled.
5.2.If the product ordered by the customer is temporarily out of stock, the seller shall inform the customer about this fact in the order confirmation.If the delay lasts more than four weeks, the customer has the right to withdraw from the contract.The same applies to the seller.If the goods are not delivered, the seller shall refund the amount already paid by the customer.
5.3 The delivery always takes place after the receipt of the whole order amount.
5.4 The seller reserves the right to make a part delivery after the receipt of the order.
5.5 The seller can release himself from the duty to fulfil the contract if the goods are to be delivered by a supplier and the delivery is not correct or does not take place in time, and therefore he is not responsible for the missing availability.
5.6 The delivery time is suitably extended in case of events which interfere with the delivery (e.g. especially strikes and lockouts), obstructions on transport routes (e.g. roadblocks, bad weather) or other circumstances beyond the control of the seller, especially in the event of force majeure.Such obstacles are notified to the customer.
5.7 When the deadline is expressed in working days, this applies to every day of the week with the exception of Saturday, Sunday and the public holidays observed in our head office in Bruneck.
6. Terms of payment
6.1.Payments are handled by means of third parties payment services (e.g. Paypal), we can accept prepayments only in exceptional cases after the receipt of a well-reasoned written request of the customer.
6.2.For payments handled by third parties, e.g. Paypal, their terms and conditions shall apply.
7. Reservation of ownership
The delivered goods remain the property of the seller until the payment has been completed.
8. Warranty
8.1.Warranty is subjected to the regulations of the Italian law.
8.2.The goods are covered by warranty only if the warranty is expressly delivered by the seller.
9. Liability
9.1.For what concerns the liability for damages of the seller, the following exclusions and limitations of liability apply without prejudice to its other lawful obligations.
9.2.The seller shall be liable without limitation for damages which are attributed to a wilful or negligent breach of its obligations.
9.3.Furthermore, the seller will be liable in respect of slight negligence to the extent that an obligation is breached and compliance with that obligation is of particular importance to achieving the purpose of the agreement, or constitutes a condition sine qua non and on the fulfilment of which the customer regularly relies.In this case, liability is limited to the damages that are reasonably foreseeable within the context of the fulfilment of the contractThe seller will not be liable for the slight negligent violation of other obligations that are not mentioned above.
9.4.The mentioned limitation of liability does not apply in case of loss of life, physical injury or damage to health if the seller fraudulently concealed a defect or undertook a guarantee of the properties and condition of the goods.The liability under the Italian Product Liability Act remains unaffected.
10. Revocation instruction
Link to the revocation right and the revocation form
11. Exclusion of revocation right
The right to cancel does not apply for the delivery of goods which shall be produced according to customer specifications or are clearly tailored to personal requirements, as well as for the delivery of audio or video recordings or of software, provided that the data carriers delivered have been unsealed by the consumer.Furthermore, there is no right of cancellation for software, software services or other electronic services for which the seller provides a free demo version.
12. Returns
12.1.Customers have to announce the shipment of the returned products to the seller:
Phone number Italy:+39 0474 830439
Phone number Germany:+49 (0) 180 1020668443
E-mail: sales@my-gekko.com
and request an authorization number.This way the customer enables the seller to allocate the products as quickly as possible.
12.2.The customers have to send the goods in a franked package - unless otherwise agreed - to the seller address. The customer is responsible for meeting the costs of the return shipment and has to retain the certificate of delivery.The transport is always at the risk of the buyer.
12.3.Customers are asked not to damage or dirty the goods.If possible, the goods should be sent back in their original packaging including all accessories.If the original packaging is no longer available, it is possible to use a similar box which can ensure sufficient protection against transport damage and avoid compensation claims from the seller due to defective packaging.
12.4.The measures mentioned in this section (n. 12) of the GTC are additional conditions for the effective exercise of the revocation right as of section n. 10 of these GTC.
13. Storing and visualization of the contract text
13.1.The seller stores the contract text in his system.The terms and conditions and any other contractual provisions can always be recalled online in the applicable version.The customer has the possibility to save or print the contract text using the functions of his browser before placing the order. 13.2. For this purpose, he can use the print function in the last step of the ordering process.
13.2.Furthermore, the seller sends an order confirmation containing the order data to the e-mail address given by the customer. The order confirmation e-mail, which also contains the present terms and conditions, can be printed or saved with the functions of the mail program.
13.3.The contract text of the single order is stored by the seller in his system, but for reasons of safety it can not be recalled directly by the customer. However, it is possible to receive it on request.
14. Data protection
14.1.The seller processes customers' personal data for the intended purpose and according to the legal regulations
for the provision of consultancy and services, online services and the shipping of our products.You can find more details about the collection and use of the personal data provided by the customer in our privacy statement.
14.2.The personal data collected in order to process product orders (e.g. name, e-mail address, address, payment data) are used by the seller exclusively for this purpose.These data are treated as confidential and will not be forwarded to third parties who are not directly involved in the selling, consulting, offering, planning, ordering, delivering and payment process.
14.3.The customer has the right to obtain free information regarding his personal data stored by the seller on request.Furthermore, the customer has the right to demand the correction or deletion of his personal data, provided that no legal obligation exists to keep them.
14.4.For further information about type, scope, location and purpose of the collection and processing of personal data by the seller, please refer to our privacy statement.
15. Place of jurisdiction, applicable law, contractual language
15.1.The place of jurisdiction and place of performance is the legal domicile of the customer, if he is a consumer (see "Applicability")
15.2.All aspects of these general terms and conditions shall be governed by the laws of Italy.This does not apply if there are mandatory customer protection regulations that require otherwise.
15.3.The language of the contract is German.
16. Modification of the general terms and conditions:
The seller reserves the right to change the general terms and conditions in order to adapt them to modifications of the legal situation, modifications of the ordering process and the data processing, changes and extensions related to his services or consulting and business activities, online services, shipping of products, catalogues and other communications.
Ekon GmbH St. Lorenznerstraße, 2
I-39031 Bruneck (BZ)
General manager:Johann Moser
Private limited company
Commercial register Bozen, number 01637750215
VAT ID:IT01637750215
www.my-gekko.com
Customer support and complaint management:
Our Customer Support is at your disposal for questions, suggestions, claims and complaints from Monday to Friday, from 08:00 to 12:00 am and from 13:00 to 17:00 pm (please pay attention to the public holidays of the Italian calendar) under the following numbers:
Phone number Italy:+39 0474 551820
Phone number Germany:+49 (0) 180 1020668443
E-mail: support@my-gekko.com
Homepage: www.my-gekko.com
(please pay attention to the public holidays of the Italian calendar)
Customer satisfaction is very important for us.You can contact us at any time using the mentioned contact data.We will do our best to process your request as soon as possible and will contact you after the receipt of the documents or the complaint.In case of complaint, please send us an accurate description of the problem and eventually a copy of the ordering documents or at least order number, customer number etc.If you don't receive any reply within 5 working days, please send a new request.In rare cases, e-mail can end in the spam filter of our or your mailbox or not reach the recipient for some other reason.
Object of the general terms and conditions (GTC)
The following GTC contain indications, shipping conditions and legal information about your rights according to the regulations about contracts for distance sales and electronic transactions, in the following order:
1. Applicability
2. Offers and descriptions
3. Ordering process and conclusion of contract
4. Prices and shipping costs
5. Supply, product availability
6. Terms of payment
7. Reservation of ownership
8. Warranty
9. Liability
10. Right of revocation
11. Exclusion of revocation right
12. Returns
13. Storing and visualization of the contract text
14. Data protection
15. Place of jurisdiction, applicable law, contractual language
16.Modification of the general terms and conditions
1. Applicability:
1.1 For the business transactions between Ekon GmbH, Rienzfeldstrasse 30, I- 39031 Bruneck (BZ) (hereinafter called "Seller") and the customer as consumer (hereinafter called "Customer") the general terms and condition shall apply exclusively in the version applicable at the time of of the order.
1.2 According to these terms and conditions, a consumer is a physical person who concludes a legal transaction for a purpose which cannot be attributed to its commercial or independent professional activities.
1.3 Deviating conditions of the customer apply only if they are expressly acknowledged in writing by the seller.
2. Offers and descriptions
2.1.The presentation of products in our online shop is not a legally binding offer but a non-binding online catalogue which offers the possibility to order the products.The performance descriptions in the catalogues and in the websites of the seller do not represent a guarantee or warranty of certain properties
2.2.All offers are valid on a "first come, first served" basis, if not specified otherwise.Errors are excepted.
3. Ordering process and conclusion of contract
3.1.The customer can select the products from the range proposed by the seller without commitment and collect them in a so called shopping cart with the push-button [Add to cart].
3.2 Afterwords, the customer can activate the push-button [Checkout] in the shopping cart page to proceed with the ordering process.
3.3 In the page “Checkout” he can enter the invoice address and the shipping address, display an order overview and choose the terms of payment.Mandatory fields are marked with a star “ * ".
3.4 Activating the button [Next], a new overview is displayed, where the customer can see the entered data, the products in the shipping kart, the transport and the total amount of the order.Here he has a last possibility to modify data and products or cancel the order by clicking once or more times on the function "Back" to recall the previous pages.
3.5.With the push-button [Buy now], the customer gives a binding purchase confirmation for the products in the shopping cart and the order is sent to the seller.
3.6.Thereupon the seller sends an automatic acceptance confirmation to the e-mail address of the customer which contains again all the order data and which can be printed with the function "Print".This automatic confirmation e-mail documents only that the seller has received the order and does not represent an order confirmation.The selling contract is valid when the seller ships the ordered and fully paid product within 5 working days or confirms the shipping in a second e-mail containing the order confirmation or the invoice.Pay attention to the public holidays of the Italian calendar.
4. Prices and shipping costs
4.1.All prices indicated in the web site and in the internet shop of the seller include value added tax (VAT) at the currently applicable rate or the Italian value added tax.For the internet shop orders, the prices valid at the time of the purchase order shall apply.
4.2.Additionally to the stated prices, the seller charges shipping costs for the delivery.The shipping costs and the shipping method are clearly displayed in the respective page and during the ordering process.
4.3 The customer receives a message from the seller at the provided e-mail address when the goods leave the house.If delivery was not possible, the customer will receive a message from the carrier, who will provide for further possibilities.We do not deliver to post office boxes.
5. Supply, product availability
5.1.If at the time the purchase order is placed the selected products are not available, the seller has to inform the customer in the order confirmation.If the product will not be available anymore, the seller sends no acceptance declaration.In this case the contract is cancelled.
5.2.If the product ordered by the customer is temporarily out of stock, the seller shall inform the customer about this fact in the order confirmation.If the delay lasts more than four weeks, the customer has the right to withdraw from the contract.The same applies to the seller.If the goods are not delivered, the seller shall refund the amount already paid by the customer.
5.3 The delivery always takes place after the receipt of the whole order amount.
5.4 The seller reserves the right to make a part delivery after the receipt of the order.
5.5 The seller can release himself from the duty to fulfil the contract if the goods are to be delivered by a supplier and the delivery is not correct or does not take place in time, and therefore he is not responsible for the missing availability.
5.6 The delivery time is suitably extended in case of events which interfere with the delivery (e.g. especially strikes and lockouts), obstructions on transport routes (e.g. roadblocks, bad weather) or other circumstances beyond the control of the seller, especially in the event of force majeure.Such obstacles are notified to the customer.
5.7 When the deadline is expressed in working days, this applies to every day of the week with the exception of Saturday, Sunday and the public holidays observed in our head office in Bruneck.
6. Terms of payment
6.1.Payments are handled by means of third parties payment services (e.g. Paypal), we can accept prepayments only in exceptional cases after the receipt of a well-reasoned written request of the customer.
6.2.For payments handled by third parties, e.g. Paypal, their terms and conditions shall apply.
7. Reservation of ownership
The delivered goods remain the property of the seller until the payment has been completed.
8. Warranty
8.1.Warranty is subjected to the regulations of the Italian law.
8.2.The goods are covered by warranty only if the warranty is expressly delivered by the seller.
9. Liability
9.1.For what concerns the liability for damages of the seller, the following exclusions and limitations of liability apply without prejudice to its other lawful obligations.
9.2.The seller shall be liable without limitation for damages which are attributed to a wilful or negligent breach of its obligations.
9.3.Furthermore, the seller will be liable in respect of slight negligence to the extent that an obligation is breached and compliance with that obligation is of particular importance to achieving the purpose of the agreement, or constitutes a condition sine qua non and on the fulfilment of which the customer regularly relies.In this case, liability is limited to the damages that are reasonably foreseeable within the context of the fulfilment of the contractThe seller will not be liable for the slight negligent violation of other obligations that are not mentioned above.
9.4.The mentioned limitation of liability does not apply in case of loss of life, physical injury or damage to health if the seller fraudulently concealed a defect or undertook a guarantee of the properties and condition of the goods.The liability under the Italian Product Liability Act remains unaffected.
10. Revocation instruction
Link to the revocation right and the revocation form
11. Exclusion of revocation right
The right to cancel does not apply for the delivery of goods which shall be produced according to customer specifications or are clearly tailored to personal requirements, as well as for the delivery of audio or video recordings or of software, provided that the data carriers delivered have been unsealed by the consumer.Furthermore, there is no right of cancellation for software, software services or other electronic services for which the seller provides a free demo version.
12. Returns
12.1.Customers have to announce the shipment of the returned products to the seller:
Phone number Italy:+39 0474 830439
Phone number Germany:+49 (0) 180 1020668443
E-mail: sales@my-gekko.com
and request an authorization number.This way the customer enables the seller to allocate the products as quickly as possible.
12.2.The customers have to send the goods in a franked package - unless otherwise agreed - to the seller address. The customer is responsible for meeting the costs of the return shipment and has to retain the certificate of delivery.The transport is always at the risk of the buyer.
12.3.Customers are asked not to damage or dirty the goods.If possible, the goods should be sent back in their original packaging including all accessories.If the original packaging is no longer available, it is possible to use a similar box which can ensure sufficient protection against transport damage and avoid compensation claims from the seller due to defective packaging.
12.4.The measures mentioned in this section (n. 12) of the GTC are additional conditions for the effective exercise of the revocation right as of section n. 10 of these GTC.
13. Storing and visualization of the contract text
13.1.The seller stores the contract text in his system.The terms and conditions and any other contractual provisions can always be recalled online in the applicable version.The customer has the possibility to save or print the contract text using the functions of his browser before placing the order. 13.2. For this purpose, he can use the print function in the last step of the ordering process.
13.2.Furthermore, the seller sends an order confirmation containing the order data to the e-mail address given by the customer. The order confirmation e-mail, which also contains the present terms and conditions, can be printed or saved with the functions of the mail program.
13.3.The contract text of the single order is stored by the seller in his system, but for reasons of safety it can not be recalled directly by the customer. However, it is possible to receive it on request.
14. Data protection
14.1.The seller processes customers' personal data for the intended purpose and according to the legal regulations
for the provision of consultancy and services, online services and the shipping of our products.You can find more details about the collection and use of the personal data provided by the customer in our privacy statement.
14.2.The personal data collected in order to process product orders (e.g. name, e-mail address, address, payment data) are used by the seller exclusively for this purpose.These data are treated as confidential and will not be forwarded to third parties who are not directly involved in the selling, consulting, offering, planning, ordering, delivering and payment process.
14.3.The customer has the right to obtain free information regarding his personal data stored by the seller on request.Furthermore, the customer has the right to demand the correction or deletion of his personal data, provided that no legal obligation exists to keep them.
14.4.For further information about type, scope, location and purpose of the collection and processing of personal data by the seller, please refer to our privacy statement.
15. Place of jurisdiction, applicable law, contractual language
15.1.The place of jurisdiction and place of performance is the legal domicile of the customer, if he is a consumer (see "Applicability")
15.2.All aspects of these general terms and conditions shall be governed by the laws of Italy.This does not apply if there are mandatory customer protection regulations that require otherwise.
15.3.The language of the contract is German.
16. Modification of the general terms and conditions:
The seller reserves the right to change the general terms and conditions in order to adapt them to modifications of the legal situation, modifications of the ordering process and the data processing, changes and extensions related to his services or consulting and business activities, online services, shipping of products, catalogues and other communications.