GENERAL TERMS AND CONDITIONS
§ 1 Scope and Provider
§ 2 Conclusion of Contract
§ 3 Prices
§ 4 Terms of Payment; Default
§ 5 Offsetting; Right of Retention
§ 6 Delivery; Retention of Title
§ 7 Cancellation policy
§ 8 Damage in transit
§ 9 Warranty
§ 10 Liability
§ 11 Alternative Dispute Resolution
§ 12 Final Provisions
§ 1 Scope and supplier
(1) These General Terms and Conditions apply to all orders placed with the online shop of Pela & Scholz GbR Conrad-Blenkle-Straße 2 10407 Berlin Managing Director: Peter Scholz.
(2) The range of goods in our online shop is aimed exclusively at buyers who have reached the age of 18.
(3) Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. The General Terms and Conditions shall therefore also apply to all future business relations with companies, even if they are not expressly agreed again. The inclusion of general terms and conditions of a customer that contradict our General Terms and Conditions is hereby already objected to.
(4) The contract language is exclusively German.
(5) You can call up and print out the currently valid General Terms and Conditions of Business on our website https://kungfu-store.com/AGB.pdf. The text of the contract will not be stored.
§ 2 Conclusion of contract
(1) The presentation of goods in the online shop does not constitute a binding application for the conclusion of a purchase contract. Rather, it is a non-binding invitation to order goods in the online shop.
(2) By clicking on the button “Order now with costs” you make a binding offer to purchase (§ 145 BGB). Immediately before submitting this order, you can check the order again and correct it if necessary.
(3) After receipt of the purchase offer, you will receive an automatically generated e-mail confirming that we have received your order (confirmation of receipt). This confirmation of receipt does not constitute acceptance of your purchase offer. A contract is not yet concluded by the confirmation of receipt.
(4) A purchase contract for the goods is only concluded when we expressly declare acceptance of the purchase offer (order confirmation) or when we dispatch the goods to you – without prior express declaration of acceptance. If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. Your request can only be accepted by us up to the point in time at which you may expect the receipt of the response under regular circumstances (§ 147 para. 2 BGB). Exception: in the case of payment in advance and PayPal, the acceptance of the order takes place immediately with your order.
§ 3 Prices
The prices stated on the product pages include the statutory value added tax and other price components and do not include the respective shipping costs.
§ 4 Terms of payment; Default
(1) Payment can be made either by:
Prepayment PayPal Credit card SOFORT Überweisung Giropay
(2) The selection of the respective available payment methods is incumbent upon us. In particular, we reserve the right to offer you only selected payment methods, e.g. only advance payment to hedge our credit risk.
(3) If you select the advance payment method, we will provide you with our bank details in the order confirmation. The invoice amount is to be transferred to our account within 10 days after receipt of the order confirmation.
(4) When paying by credit card, the purchase price will be reserved on your credit card at the time of the order (authorisation). The actual charge to your credit card account will be made at the time we ship the goods to you.
(5) When paying with PayPal, you will be redirected to the website of the online provider PayPal during the ordering process. In order to be able to pay the invoice amount via PayPal, you must be registered there or register first, legitimise yourself with your access data and confirm the payment instruction to us. After submitting the order in the shop, we request PayPal to initiate the payment transaction. You will receive further instructions during the ordering process. The payment transaction will be carried out automatically by PayPal immediately afterwards.
(6) In the case of payment by direct debit, you may have to bear the costs incurred as a result of a chargeback of a payment transaction due to a lack of funds in the account or due to incorrect bank details provided by you.
§ 5 Offsetting; right of retention
(1) You shall only have a right of set-off if your counterclaim has been legally established, is not disputed or acknowledged by us or is in a close synallagmatic relationship with our claim.
(2) You may only exercise a right of retention if your counterclaim is based on the same contractual relationship.
§ 6 Delivery; Retention of Title
(1) Unless otherwise agreed, the goods shall be delivered from our warehouse to the address specified by you.
(2) The goods remain our property until the purchase price has been paid in full.
(3) We are exceptionally not obliged to deliver the ordered goods if we have duly ordered the goods on our part but have not been supplied correctly or on time (congruent covering transaction). The prerequisite is that we are not responsible for the lack of availability of the goods and have informed you of this circumstance without delay. In addition, we must not have assumed the risk of procuring the ordered goods. In the case of corresponding unavailability of the goods, we will immediately reimburse you for any payments already made. We do not assume the risk of having to procure ordered goods (procurement risk). This also applies to orders for goods which are only described in terms of their type and characteristics (generic goods). We are only obliged to deliver from our stock of goods and the goods ordered by us from our suppliers.
(4) If you are an entrepreneur within the meaning of § 14 BGB (German Civil Code), the following shall apply in addition:
We retain title to the goods until all claims arising from the current business relationship have been settled in full. Before the transfer of ownership of the goods subject to retention of title, a pledge or transfer of ownership by way of security is not permitted.
You may resell the goods in the ordinary course of business. In this case you already now assign to us all claims in the amount of the invoice amount accruing to you from the resale. We accept the assignment, but you are authorised to collect the claims. Insofar as you do not properly fulfil your payment obligations, we reserve the right to collect claims ourselves.
If the reserved goods are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
We undertake to release the securities to which we are entitled on request to the extent that the realisable value of our securities exceeds the claims to be secured by more than 10%. The selection of the securities to be released shall be incumbent upon us.
§ 7 Cancellation policy
In the event that you are a consumer within the meaning of § 13 of the German Civil Code (BGB), i.e. if you make the purchase for purposes which can predominantly be attributed neither to your commercial nor to your independent professional activity, you have a right of revocation in accordance with the following provisions.
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
In order to exercise your right of withdrawal, you must send us
Company: Pela & Schol GbR Address: Conrad-Blenkle-Straße 2, 10407 Berlin E-mail: email@example.com Phone: +49 30 20662228
by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to revoke this contract. You may use the enclosed model withdrawal form for this purpose, which is, however, not mandatory.
To comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You shall bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
Sample cancellation form
If you wish to cancel the contract, please complete and return this form.
Company: Pela & Scholz GbR
Address: Conrad-Blenkle-Strasse 2, 10407 Berlin, Germany.
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*):
Ordered on (*)/received on (*)
Name of the consumer(s):
Address of consumer(s):
Signature of consumer(s) (only in case of paper communication)
(*) Delete where inapplicable.
End of the cancellation policy (1) The right of cancellation does not apply to the supply of
- of goods which 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 (e.g. T-shirts with your photo and name),
- sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery,
- of goods if they have been inseparably mixed with other goods after delivery due to their nature,
- of sound or video recordings or computer software in a sealed package if the seal was removed after delivery,
- of newspapers, journals or magazines with the exception of subscription contracts.
(2) Please avoid damage and contamination. If possible, please return the goods to us in the original packaging with all accessories and with all packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please provide adequate protection against transport damage with suitable packaging in order to avoid claims for damages due to defective packaging.
(3) Before returning the goods, please call us at +49 30 20662228 to announce the return. In this way you enable us to allocate the products as quickly as possible.
(4) Please note that the modalities mentioned in the above paragraphs 2 and 3 are not a prerequisite for the effective exercise of the right of withdrawal.
§ 8 Transport damage
(1) If goods are delivered with obvious transport damage, please complain about such defects immediately to the delivery agent and contact us as soon as possible.
(2) Failure to make a complaint or contact us has no consequences for your statutory warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
§ 9 Warranty
(1) Unless expressly agreed otherwise, your warranty claims shall be governed by the statutory provisions of the law on sales (§§ 433 ff. BGB).
(2) If you are a consumer within the meaning of § 13 BGB (German Civil Code), the period of liability for warranty claims for used goods is – in deviation from the statutory provisions – one year. This limitation does not apply to claims based on damages resulting from injury to life, limb or health or from the breach of an essential contractual obligation, the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the contractual partner may regularly rely (cardinal obligation) as well as to claims based on other damages which are based on an intentional or grossly negligent breach of duty by the user or his vicarious agents.
(3) In all other respects, the statutory provisions shall apply to the warranty, in particular the two-year limitation period pursuant to Section 438 (1) No. 3 of the German Civil Code (BGB).
(4) If you are an entrepreneur within the meaning of § 14 BGB, the statutory provisions apply with the following modifications:
Only our own specifications and the manufacturer’s product description are binding for the quality of the goods, but not public promotions and statements and other advertising by the manufacturer.
You are obliged to examine the goods immediately and with due care for deviations in quality and quantity and to notify us of obvious defects within 7 days of receipt of the goods. Timely dispatch is sufficient to meet the deadline. This shall also apply to hidden defects discovered at a later date. The assertion of warranty claims shall be excluded in the event of a breach of the duty to inspect and notify defects.
In the event of defects, we shall, at our discretion, provide warranty by rectification of the defect or by replacement delivery (subsequent performance). In the event of subsequent improvement, we shall not have to bear the increased costs incurred by transporting the goods to a place other than the place of performance, provided that the transport does not correspond to the intended use of the goods.
If the supplementary performance fails twice, you can demand a reduction or withdraw from the contract at your discretion.
The warranty period is one year from delivery of the goods.
§ 10 Liability
(1) Unlimited liability:We are liable without limitation for intent and gross negligence as well as in accordance with the Product Liability Act. We shall be liable for slight negligence in the event of damage resulting from injury to life, body and health of persons.
(2) In all other respects, the following limited liability shall apply: In the event of slight negligence, we shall only be liable in the event of a breach of a material contractual obligation, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which you may regularly rely (cardinal obligation). The liability for slight negligence is limited to the amount of the damages foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability also applies in favour of our vicarious agents.
§ 11 Alternative Dispute Resolution
(1) The EU Commission has provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to initially resolve disputes in connection with their online order without having to go to court. The dispute resolution platform can be accessed via the external link http://ec.europa.eu/consumers/odr/.
(2) We will endeavour to settle any disagreements arising from our contract amicably. Beyond that, we are not obliged to participate in arbitration proceedings and do not offer them.
§ 12 Final Provisions
(1) Should one or more provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions.
(2) Contracts between us and you shall be governed exclusively by German law to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, “UN Sales Convention”). Mandatory consumer law provisions of the country in which you usually reside remain unaffected by the choice of law (in particular with regard to the conclusion of the contract and warranty law).
(3) If you are a merchant, a legal entity under public law or a special fund under public law, our place of business shall be the place of jurisdiction for all disputes arising from or in connection with contracts between us and you.
Status: May 2021
Copyright: HÄRTING Rechtsanwälte, www.haerting.de, firstname.lastname@example.org Chausseestraße 13,10115 Berlin, Tel. (030) 28 30 57 40, Fax (030) 28 30 57 4