Terms and Conditons for buying
General terms and conditions
These terms and conditions apply to all contracts concluded between
Owner Lars Knutinge Kaas
Märkische Straße 22
VAT number: DE323447659
(hereinafter referred to as "Supplier" or "we") and our customers (hereinafter referred to as "Customer" or "you") are closed in our online shop solely by using means of remote communication (e. g. via the Internet or by telephone). For contracts that we conclude offline (e. g. in a retail shop), the conditions included there apply.
1 Scope of application, definitions
(1) The business relationship between the supplier and the customer is governed exclusively by the following General Terms and Conditions in their valid version at the time of ordering. Deviating conditions and contract offers of the customer are hereby contradicted.
(2) The customer is a consumer insofar as the purpose of the delivery and service cannot be attributed to his commercial or independent professional activity. Entrepreneur, on the other hand, is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or self-employed professional activity.
2 Conclusion of contract
(1) The customer can select products from our assortment and collect them in a shopping cart by clicking on the button "Add to shopping cart". The customer submits a binding application for the purchase of the goods in the shopping cart via the button "order subject to payment".
(2) Before sending the order, the customer can change the data entered by him/her at any time, see and correct input errors. However, the customer's application can only be submitted and forwarded if the customer accepts these General Terms and Conditions of Business during the ordering process and thereby has included them in his application.
(3) The supplier then sends the customer an automatic acknowledgement of receipt by e-mail, in which the customer's order is listed once again and which the customer can print via the "Print" function. The automatic acknowledgement of receipt merely documents that the customer's order has been received by the supplier and does not constitute an acceptance of the application.
The contract only comes into effect when we give the declaration of acceptance, which is sent by a separate e-mail. The submission of an invoice to the customer for the goods ordered by the customer replaces the declaration of acceptance. The declaration of acceptance can also be replaced by us in that we execute the order within 5 days of receipt of the order. If several of the aforementioned acceptance variants are available, the contract shall be concluded at the first event that occurred in each case. In any case, the customer will receive a written confirmation of the contract in accordance with the legal regulations.
If the customer has not received a declaration of acceptance, invoice or notification of delivery or goods within 5 days, he is no longer bound to his order. In this case, we will reimburse the customer immediately for any services already rendered.
(4) The object of the delivery or service is the goods and/or services offered by us and ordered by the customer. Unless expressly stated otherwise in the respective offer, designs and prices refer to the respective items offered, but not to any accessories or decorations depicted.
(5) If, through no fault of our own and despite all reasonable efforts, we are not in a position to deliver the ordered goods because our supplier does not fulfil his contractual obligations towards us, we are entitled to withdraw from the contract. However, this right of withdrawal shall only exist if we have concluded a congruent covering transaction with the supplier concerned (binding, timely and sufficient order of the goods) and are not responsible for the non-delivery in any other way. In such a case we will inform the customer immediately that the ordered goods are not available. Any consideration already provided by the customer will be refunded without delay.
(6) The language of the contract is German.
(7) The processing of orders and contacts within the framework of the execution of the contract are usually carried out by e-mail. The customer must therefore ensure that the e-mail address provided by the customer for order processing is correct and that no settings or filtering devices of the customer prevent the receipt of the contract-related e-mails.
3 Retention of title
The delivered goods shall remain our property until all claims arising from the contract have been met; in the event that the customer is a legal entity under public law, a special fund under public law or an entrepreneur in the exercise of his commercial or independent professional activity, also beyond that, from the current business relationship until settlement of all claims to which we are entitled as a result.
4 Prices and shipping costs
(1) Our prices are understood to be inclusive of the respectively valid statutory value added tax and plus shipping costs.
(2) The corresponding shipping costs shall be notified to the customer before the conclusion of the contract and shall be borne by the customer, provided that no delivery free of shipping costs has been agreed.
(1) The customer may make the payment according to the payment methods provided for in the respective offer.
(2) Payment of the purchase price is due immediately upon conclusion of the contract and must be received by us within 7 calendar days, unless the agreed method of payment provides otherwise.
(3) The customer shall ensure sufficient account coverage. In the case of return debit notes caused by insufficient cover, the customer shall be obliged to reimburse us for the resulting damage.
(4) The customer's obligation to pay interest on arrears does not exclude the assertion of further damages caused by delay.
(5) The customer shall only be entitled to set-off if his counterclaims are recognised by us or have been legally established by us or if the counterclaims originate from the same contractual relationship. The customer shall only be entitled to exercise a right of retention if his counterclaim is based on the same contractual relationship.
Payment by invoice
In cooperation with Klarna we offer the purchase of invoices as a payment option. Please note that Klarna Invoices are only available for consumers and that payment must be made to Klarna.
The payment period is 14 days from the date of invoice. The invoice will be issued when the goods are dispatched and sent either by e-mail or together with the goods. The complete terms and conditions for the purchase of invoices can be found here. The online shop does not charge a fee when purchasing with Klarna.
Data protection notice
6 Transfer of risk
(1) For consumers, the risk of accidental loss and accidental deterioration of the object of purchase shall not pass to the customer until the delivery of the object of purchase to the customer.
(2) Only if the customer acts as an entrepreneur, the following applies: Delivery is made ex warehouse. The risk of accidental loss and accidental deterioration of the goods shall pass to the customer upon handover at the latest. In the case of a sale by delivery, however, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay shall pass to the freight forwarder, carrier or any other person or institution designated to carry out the shipment.
(3) If the customer is in default of acceptance, fails to cooperate or if our delivery is delayed for other reasons for which the customer is responsible, we shall be entitled to demand compensation for the resulting damage including additional expenses (e. g. storage and transport costs).
7 Warranty for material defects, guarantee
(1) Warranty claims regarding used goods supplied by us become time-barred one year after handover to the customer. With respect to entrepreneurs, the limitation period for warranty claims for goods delivered by us is 1 year. In all other respects, we shall be liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 et seq. of the German Civil Code (BGB).
(2) Our liability pursuant to § 8 of these General Terms and Conditions of Business, in particular with regard to claims for damages by the customer arising from injury to life, limb, health or the violation of essential contractual obligations (see following § 8), for damages pursuant to the Product Liability Act as well as for any guarantees assumed, shall remain unaffected by the limitations of the preceding paragraph 1. The statutory limitation periods for the right of recourse according to § 478 BGB for entrepreneurs and our liability in case of fraudulent concealment of a defect shall also remain unaffected.
(3) Warranty claims by merchants require that they have complied with their statutory inspection and complaint obligations (§§§ 377,381 HGB).
(4) A guarantee of quality or durability (§ 443 BGB (German Civil Code) on our part only exists for the goods delivered by us if this has been expressly offered and agreed upon by us. Any manufacturer's warranties remain unaffected.
(5) Any complaints and warranty claims can be made at the address given in the provider's identification.
(1) Claims of the customer for damages are excluded. Excluded from this are the customer's claims for damages arising from injury to life, limb, health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages which are based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents. Essential contractual obligations are those which must be fulfilled in order to achieve the objective of the contract and those which the customer as contractual partner may regularly rely on to comply with. In the event of a breach of essential contractual obligations, the provider shall only be liable for foreseeable damage typical of the type of contract if this was caused by simple negligence, unless the customer's claims for damages are based on injury to life, limb or health.
(2) The limitations of the foregoing paragraph 1 shall also apply in favour of the legal representatives and vicarious agents of the provider if claims are asserted directly against them and also analogously for claims for reimbursement of expenses.
(3) The provisions of the German Product Liability Act (Produkthaftungsgesetz) and our liability for any guarantees assumed remain unaffected.
9 Right of withdrawal § 9
Consumers are entitled to a legal right of withdrawal. You will receive a revocation instruction according to the legal regulations separately in text form.
10 Text of the contract
The text of the contract is not stored by us and cannot be retrieved after completion of the order process. The customer can print out these terms and conditions of business and the order data before sending his order and receives a contract confirmation in accordance with the legal regulations.
11 Final provisions
(1) The contract shall be governed by the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. This choice of law shall only apply to consumers insofar as the consumer is not deprived of the protection afforded to him by mandatory provisions of the law of the state of the consumer's habitual residence.
(2) Insofar as the customer is a merchant, a legal entity under public law or a special fund under public law or if the customer does not have a general place of jurisdiction within the Federal Republic of Germany, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.
(3) The possible ineffectiveness of individual provisions of these General Terms and Conditions does not affect the effectiveness of their remaining provisions.
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