GENERAL TERMS AND CONDITIONS OF BUSINESS
§1 Scope of application and supplier
(1) These general terms and conditions apply to all orders you place on the online shop of:
73525 Schwäbisch Gmünd
Managing Director: Andreas Karus
(2) The goods offered in our online shop are intended for customers above 18 years of age.
(3) Our deliveries, services and offers are made or provided exclusively on the basis of these General Terms and Conditions. The present General Terms and Conditions apply in respect of commercial entities and thus apply to all future business relations even if not expressly re-agreed. Terms and conditions of a customer which conflict with our General Terms and Conditions are hereby rejected.
(4) Language of contract is only German.
(5) You can access and print out the respectively valid General Terms and Conditions at any time on the following
§2 Conclusion of contract
(1) The product presentation in the online shop does not constitute a binding request for the conclusion of a purchasing contract. On the contrary, it is a non-binding invitation to order goods in the online shop.
(2) By clicking the [“Order with obligation to pay/Buy now”] button you submit a binding purchase proposal (§ 145 BGB [German Civil Code]).
(3) Upon receipt of the purchase offer you will receive an automatically generated email in which we confirm that we have received your order (confirmation of receipt). The confirmation of receipt does not yet constitute an acceptance of your purchase offer. A contract is not yet closed by the confirmation of receipt.
(4) A purchase contract for the goods is only concluded if we declare the explicit acceptance of the purchase offer [order confirmation] or if we dispatch the goods to you - without any previous declaration of acceptance.
The prices shown on the product pages include the legal VAT and other price components and are without the respective packaging and shipping costs. Further information regarding shipping costs can be accessed on our website under “Shipment and terms of payment”.
§4 Conditions of payment; default
(1) The following payment options are available: advance payment, PayPal or Amazon Pay
(2) The choice of the respective method of payment available is at our discretion. We reserve the right, in particular, to only offer you selected methods of payment, for example, to safeguard against our credit risk, only advance payment.
(3) If the method of payment - advance payment is selected - we will provided 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) If you choose to pay with PayPal/AmazonPay, you will be forwarded to the PayPal/AmazonPay website during the order process. In order to pay the invoice sum via PayPal/AmazonPay, you must be registered with PayPal or first create an account to verify yourself using your access details, and confirm the payment instruction to us. We request that PayPal/AmazonPay initiates the payment once the order has been submitted in the shop. Further information is provided during the ordering process. The payment transaction is automatically processed thereafter by PayPal/AmazonPay.
(5) If you are in default of a payment, then you will be obliged to pay statutory penalty interest to the amount of 5 percentage points above base rate. For every reminder that is sent to you
after the default occurred, a reminder fee of 2.50 Euro will be charged,unless, from case to case, a lower or higher damage can be proved.
§5 Offsetting/Right of retention
(1) You only have a right to offsetting if your counterclaim has been legally confirmed, is not disputed or has been recognised by us, or is in a synallagmatic relationship to our claim.
(2) You can only exercise a right of retention if your counter claim is based on the same contractual relationship.
§6 Delivery; retention of title
(1) Unless otherwise agreed upon, the delivery of the good from our warehouse is only to the address specified by you.
(2) The goods shall remain our property until full payment of the purchase price has been made..
(3) For once, we are not obliged to deliver the goods ordered, if we, on our part, ordered the goods properly, the delivery, however, was not correct or not on time (congruent hedging transaction).Prerequisite is, that we were not responsible for the lack of availability of the goods and that you were informed of the circumstances in a timely manner.Furthermore we may not have assumed the risk for the procurement of the goods ordered. In the event of a corresponding non-availability of the goods we will immediately refund any payments made. We do not assume the risk of having to procure the goods ordered (procurement risk). This also applies to goods where only the type and characteristics are described (generic goods). We are only obliged to deliver goods from our stock or those goods that we have ordered at our suppliers.
(4) If you are the owner as per § 14 BGB, the following applies:
- We retain the title of the goods until all claims from the ongoing business relationship have been settled.Before the transfer of ownership of the reserved goods, a deposit or security transfer is not permitted.
- You are entitled to resell the goods in the ordinary course of business. In this case, you now assign all claims in the amount of the invoice amount which you gain from the resale to us. We accept the assignment, however you are entitled to collect receivables. Provided you are not able to meet your payment obligations, we reserve to right to collect these receivables ourselves.
- In the case of combination and mixing of the reserved goods, we acquire co-ownership of the new item in relation to 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 at your request to the extent that the realisable value of our securities exceeds the claim to be secured by more than 10%. The selection of securities to be released is our responsibility.
§7 Cancellation policy
In the event that you are a consumer in terms of § 13 BGB, i.e. are making the purchase for purposes that can neither be allocated to your commercial nor your self-employed occupation, you have the right of cancellation pursuant to the following conditions. Right of cancellationYou have a right to cancel this contract within fourteen days without providing any reasons. The cancellation period totals fourteen days from the day on which you, or a third party named by you, who is not the carrier, took possession of the last product. To exercise your right of cancellation, you must inform us
by means of a clear declaration (e.g. a letter sent by post, a fax or an e-mail) of your decision to cancel this contract. If you wish, you can use the enclosed sample cancellation form, although it is not obligatory. In order to comply with the cancellation deadline, it suffices to send the notification of your wish to exercise your right to cancel prior to expiry of the cancellation deadline.
Consequences of cancellation:
If you cancel this contract, we are obliged to reimburse all payments we have received from you, including shipping costs (with the exception of additional costs arising from your choice of a different method of shipping than the lowest cost standard shipping we offer), with repayment taking place immediately, or no later than fourteen days from the date on which we received your notification to cancel the contract with us. To make the repayment, we will use the same method of payment you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. We may withhold repayment until we have received the goods to be returned, or you can demonstrate you have returned the goods, whichever is the earlier. You have to return or hand over the goods to us immediately and, in all events, no later than fourteen days from the date you inform us of your wish to cancel this contract. The deadline is deemed to have been met if you send the goods prior to expiry of the fourteen-day deadline. You bear the direct cost of the returning the goods. You only have to pay for any diminished value of the goods when the loss in value is attributable to an unnecessary procedure undertaken by you to ascertain the quality, characteristics and functioning of the goods.
Sample cancellation form
If you wish to cancel the contract, please fill in this form and return it to us.
Company: Karus Werbezentrum
Address: Goethestraße 31
Fax: +49 7171-104697-20
I/We (*) hereby cancel the contract concluded by me/us (*) concerning the purchase of the following goods (*):
Ordered on (*)/Received on (*)
Names of the consumer(s):
Signature of the consumer(s) (only for communications submitted on paper)
(*) Please cross out if not applicable.