Terms and Conditions
GemEleven – Brand of Empire Holding GmbH
1. Scope of Application
1.1. These Terms & Conditions apply to all contracts concluded between Empire Holding GmbH, Esplanade 7–9, 24534 Neumünster, Germany (hereinafter referred to as “Seller” or “GemEleven”) and consumers or businesses (hereinafter “Customer”) through our online shop.
1.2. You can contact our customer service on weekdays from 9:00 AM to 5:00 PM (CET) via email at contact@gemeleven.com
1.3. A “consumer” is any natural person who enters into a legal transaction for purposes that predominantly are outside their trade, business, or profession (Art. 13 German Civil Code – BGB).
1.4. Conflicting or deviating terms and conditions of the Customer shall not apply unless expressly approved in writing by the Seller.
2. Offers and Product Descriptions
2.1. The product presentations in our online shop do not constitute a legally binding offer but rather an invitation to submit an order.
2.2. All offers are valid “while stock lasts” unless otherwise stated.
2.3. Images and descriptions provided in the online shop or catalogs do not constitute a guarantee of specific characteristics unless explicitly stated as such.
3. Ordering Process and Conclusion of Contract
3.1. Customers may add products to the shopping cart without obligation. When ready to purchase, they proceed to checkout.
3.2. By clicking the “Buy Now” or “Place Order” button, the Customer submits a binding offer for the items in the cart.
3.3. The Seller confirms receipt of the order via an automated email (order confirmation). This confirmation does notconstitute acceptance of the contract.
3.4. The contract is concluded only when:
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the Seller ships the goods within 3 days,
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or provides an explicit order confirmation,
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or issues an invoice.
3.5. If prepayment is offered and selected, the contract becomes effective upon provision of payment details. If payment is not received within 10 calendar days, the Seller may cancel the order.
4. Prices and Shipping Costs
4.1. All prices shown include the applicable statutory VAT.
4.2. Shipping costs are charged in addition to the product prices. These are displayed clearly during checkout.
5. Delivery and Availability of Goods
5.1. Delivery takes place after receipt of payment when prepayment is selected.
5.2. If delivery fails after three attempts due to the Customer’s fault, the Seller may withdraw from the contract. Any payments already provided will be refunded.
5.3. If an item becomes unavailable and we have not received supply from our supplier through no fault of our own, we may withdraw from the contract. The Customer will be informed immediately and refunded.
5.4. Delivery times are specified on the respective product pages or checkout area.
6. Payment Methods
6.1. Available payment methods are displayed during the checkout process.
6.2. If payment by invoice is offered, the amount must be paid within 30 days of receipt of goods and invoice. Otherwise, payment is due in advance.
6.3. When using third-party payment providers (e.g., PayPal, Klarna), their respective terms apply.
6.4. If a payment deadline is missed, statutory default interest applies.
6.5. The Customer may only offset claims that are legally established or acknowledged. A right of retention exists only for claims arising from the same contractual relationship.
7. Retention of Title
The goods remain the property of the Seller until full payment has been received.
8. Warranty and Guarantee
8.1. Warranty rights follow statutory German law.
8.2. A guarantee applies only if explicitly stated in the product description.
9. Liability
9.1. The Seller shall be liable without limitation for damages caused intentionally or by gross negligence.
9.2. In cases of slight negligence, liability is limited to damages foreseeable and typical for the type of contract, and only where essential contractual obligations are breached.
9.3. The above limitations do not apply to:
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injury to life, body, or health,
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fraudulent concealment of defects,
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guaranteed product features,
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liability under the German Product Liability Act (ProdHaftG).
9.4. Employees, representatives, and agents of the Seller benefit from the same liability limitations.
10. Storage of Contract Text
10.1. Before submitting the order, the Customer may print the contract details using the browser’s print function.
10.2. After the order is placed, the Customer receives the contract details via email.
10.3. Registered users may view past orders in their account.
The contract text is stored by the Seller but not accessible online for security reasons.
11. Handling of Counterfeit Products
11.1. By sending products to GemEleven, Customers confirm that the items are authentic trading card accessories and not counterfeit, altered, or fraudulent.
11.2. GemEleven only accepts authentic licensed trading card accessories. Counterfeit items will not be processed.
The Seller may:
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retain the counterfeit products,
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refuse service,
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charge the full processing amount,
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forward all relevant information (including personal data) to law enforcement in the event of suspected fraud.
GemEleven enforces a strict Zero-Tolerance Policy regarding counterfeit goods.
12. Final Provisions
12.1. The place of jurisdiction and fulfillment, for Customers who are merchants or legal entities under public law, is the registered office of the Seller: Neumünster, Germany.
12.2. Contract language is English. (German version available upon request.)
12.3. EU Online Dispute Resolution:
https://ec.europa.eu/consumers/odr
The Seller is not willing or obliged to participate in consumer arbitration proceedings.