Terms of service

Table of contents

1. Scope of application
2. Conclusion of contract
3. Right of withdrawal
4. Prices and terms of payment
5. Terms of delivery and shipment
6. Retention of title
7. Liability for defects (guarantee)
8. Liability
9. Redemption of promotional vouchers
10. Redemption of gift vouchers
11. Applicable law
12. Place of jurisdiction
13. Alternative dispute resolution

1) Scope of application

1.1 These General Terms and Conditions (hereinafter “GTC”) of Kalter Bruder UG (limited liability) (hereinafter “Seller”), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter “customer”) concludes with the seller with regard to the goods displayed by the seller in his online store. The inclusion of the customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 These terms and conditions apply accordingly to contracts for the delivery of vouchers, unless otherwise stipulated.

1.3 A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity.

1.4 An entrepreneur in the sense of these terms and conditions is a natural or legal person or a legal partnership that acts in the course of a legal transaction in the exercise of its commercial or independent professional activity.

2) Conclusion of contract

2.1 The product descriptions contained in the seller's online store do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.

2.2 The customer can submit the offer via the online order form integrated into the seller's online store. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer for the goods in the shopping cart by clicking the button that concludes the ordering process.

2.3 The seller can accept the customer's offer within five days by

• sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the date of receipt of the order confirmation by the customer is decisive, or
• by delivering the ordered goods to the customer, whereby the date of receipt of the goods by the customer is decisive, or
  
• by requesting payment from the customer after the order has been placed.

If several of the above alternatives apply, the contract shall be concluded at the point in time at which one of the above alternatives occurs first. The period for accepting the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent.

2.4 If the customer selects a payment method offered by PayPal, the payment shall be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as “PayPal”), subject to the PayPal terms of use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays by means of a payment method offered by PayPal that can be selected during the online ordering process, the seller declares acceptance of the customer's offer at the point in time at which the customer clicks the button that concludes the ordering process.

2.5 When an offer is made using the seller's online order form, the text of the contract is stored by the seller after the contract has been concluded and sent to the customer in text form (e.g. email, fax or letter) after the customer has sent his order. The seller does not make the text of the contract available in any other way. If the customer has set up a user account in the seller's online store before sending his order, the order data will be archived on the seller's website and can be accessed by the customer via his password-protected user account, stating the corresponding login data.

2.6 Before the binding submission of the order via the seller's online order form, the customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means of better recognizing input errors can be the browser's enlargement function, which is used to enlarge the display on the screen. During the electronic order process, the customer can correct his entries using the usual keyboard and mouse functions until he clicks the button that concludes the order process.

2.7 Various languages are available for concluding the contract. The specific language selection is displayed in the online shop.

2.8 The order processing and contact usually take place by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for the order processing is correct, so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties contracted by the seller to process the order can be delivered.

3) Right of withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the seller's cancellation policy.

4) Prices and payment terms

4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include the statutory sales tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.

4.2 The customer is informed of the payment option(s) in the seller's online shop.

4.3 If a payment method offered via the “PayPal” payment service is selected, the payment is processed via PayPal, whereby PayPal can also use the services of third-party payment service providers for this purpose. If the seller also offers payment methods via PayPal in which he makes advance payments to the customer (e.g. purchase on account or payment by installments), he assigns his payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer. Before accepting the seller's declaration of assignment, PayPal or the payment service provider contracted by PayPal will conduct a credit check using the customer data provided. The seller reserves the right to refuse the customer the selected payment method in the event of a negative credit check. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, the customer can only make payments with debt-discharging effect to PayPal or the payment service provider contracted by PayPal. However, even in the event of the assignment of claims, the seller remains responsible for general customer enquiries, e.g. regarding the goods, delivery time, dispatch, returns, complaints, declarations of revocation and returns or credit notes.

4.4 If a payment method offered via the “Shopify Payments” payment service is selected, payment processing is carried out by the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”). The individual payment methods offered via Shopify Payments are communicated to the customer in the seller's online shop. Stripe may use additional payment services to process payments, which may be subject to special payment terms that the customer may be notified of separately. Further information about “Shopify Payments” is available online at https://www.shopify.com/legal/terms-payments-de.

5) Delivery and Shipping Terms

5.1 If the seller offers to ship the goods, delivery shall be made within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. The delivery address specified in the seller's order processing is decisive for the transaction.

5.2 If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs of the initial shipment if the customer effectively exercises his right of withdrawal. If the customer effectively exercises his right of withdrawal, the regulation made in the seller's cancellation policy shall apply to the costs of returning the goods.

5.3 If the customer is acting as a business, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the seller has delivered the goods to the freight forwarder, the carrier or the person or institution otherwise designated to carry out the shipment. If the customer is acting in a consumer capacity, the risk of accidental loss and accidental deterioration of the sold goods shall only pass to the customer, or a person authorized to receive the goods, upon delivery. Notwithstanding the above, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer as soon as the seller has delivered the goods to the carrier, freight forwarder or other person or institution designated to carry out the shipment has commissioned the freight forwarder, the carrier or any other person or institution designated to carry out the shipment and the seller has not previously named this person or institution to the customer.

5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery by the supplier. This only applies in the event that the seller is not responsible for the non-delivery and the seller has taken the necessary care to conclude a specific hedging transaction with the supplier. The seller will make every reasonable effort to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.

5.5 For logistical reasons, it is not possible to collect the goods.

5.6 Vouchers are provided to the customer as follows:

- by email

6) Retention of title

If the seller provides advance performance, he reserves the right of ownership of the delivered goods until the purchase price owed has been paid in full.

7) Liability for defects (guarantee)

Unless otherwise provided for in the following provisions, the provisions of the statutory liability for defects shall apply. Deviating from this, the following shall apply to contracts for the delivery of goods:

7.1 If the customer acts as an entrepreneur,

• the seller has the choice of the type of subsequent performance;
• in the case of new goods, the limitation period for defects is one year from delivery of the goods;
  
• the rights and claims for defects are excluded for used goods;
• the limitation period does not start again if a replacement delivery is made under the liability for defects.

7.2 The above limitations of liability and shortened deadlines do not apply

• to claims for damages and reimbursement of expenses by the customer,
• in the event that the seller has fraudulently concealed the defect,
  
• for goods that have been used for a building in accordance with their usual purpose and have caused its defectiveness,
• for any obligation of the seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.

7.3 In addition, the statutory limitation periods for any existing statutory right of recourse shall remain unaffected for entrepreneurs.

7.4 If the customer is a merchant within the meaning of § 1 of the German Commercial Code (HGB), the commercial duty of inspection and notification of defects applies in accordance with § 377 of the German Commercial Code (HGB). If the customer fails to comply with the notification requirements set out therein, the goods shall be deemed to have been approved.

7.5 If the customer is acting as a consumer, he is asked to complain to the delivery agent about goods delivered with obvious transport damage and to inform the seller of this. If the customer does not comply with this, this has no effect on his statutory or contractual claims for defects.

8) Liability

The seller is liable to the customer for all contractual, quasi-contractual and statutory claims, including claims in tort, for damages and reimbursement of expenses as follows:

8.1 The seller is liable without limitation for any legal reason

• in the event of intent or gross negligence,
• in the event of intentional or negligent injury to life, limb or health,
• on the basis of a guarantee promise, unless otherwise regulated,
  
• due to mandatory liability, such as under the Product Liability Act.

8.2 If the seller negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless liability is unlimited in accordance with the above clause. Material contractual obligations are obligations that the contract imposes on the seller in order to achieve the purpose of the contract, the fulfillment of which is essential to the proper execution of the contract and on the observance of which the customer may regularly rely.

8.3 Any further liability of the seller is excluded.

8.4 The above liability provisions also apply with regard to the seller's liability for his agents and legal representatives.

9) Redemption of promotional vouchers

9.1 Vouchers that are issued by the seller free of charge as part of advertising campaigns with a specific period of validity and that cannot be purchased by the customer (hereinafter “promotional vouchers”) can only be redeemed in the seller's online store and only within the specified period.

9.2 Individual products may be excluded from the voucher promotion if the content of the promotional voucher indicates a corresponding restriction.

9.3 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

9.4 Only one promotional voucher can be redeemed per order.

9.5 The value of the goods must at least correspond to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.

9.6 If the value of the promotional voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.

9.7 The balance of a promotional voucher will not be paid out in cash and does not bear interest.

9.8 The promotional voucher will not be reimbursed if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of his statutory right of withdrawal.

9.9 The promotional voucher is transferable. The seller can provide services to the respective owner who redeems the promotional voucher in the seller's online store with a discharging effect. This does not apply if the seller is aware or is grossly negligently unaware of the non-authorization, legal incapacity or lack of power of representation of the respective owner.

10) Redemption of gift vouchers

10.1 Vouchers that can be purchased through the seller's online store (hereinafter “gift vouchers”) can only be redeemed in the seller's online store, unless otherwise stated in the voucher.

10.2 Gift vouchers and remaining credit balances on gift vouchers are redeemable up to the end of the third year following the year of the voucher purchase. Remaining credit balances shall be credited to the customer up to the expiry date.

10.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

10.4 Only one gift certificate can be redeemed per order.

10.5 Gift certificates can only be used to purchase goods and not to purchase additional gift certificates.

10.6 If the value of the gift certificate is insufficient to cover the order, one of the other payment methods offered by the seller can be selected to pay the difference.

10.7 The balance of a gift voucher will not be paid out in cash and does not bear interest.

10.8 The gift voucher is transferable. The seller can provide services to the respective owner who redeems the gift voucher in the seller's online shop with a discharging effect. This does not apply if the seller is aware or is grossly negligently unaware of the non-authorization, legal incapacity or lack of power of representation of the respective owner.

11) Applicable law

The law of the Federal Republic of Germany shall apply for all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their usual place of residence.

12) Place of jurisdiction

If the customer is a merchant, a legal entity under public law or a special fund under public law based in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business. If the customer is based outside the territory of the Federal Republic of Germany, the seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. However, in the above cases, the seller is entitled in any case to appeal to the court at the customer's place of business.

13) Alternative dispute resolution

13.1 The European Commission provides a platform for online dispute resolution, which can be found at the following link:

https://ec.europa.eu/consumers/odr

This platform serves as a point of contact for out-of-court settlement of disputes arising from online sales or service contracts in which a consumer is involved.

13.2 The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.