General Terms of Sale (online store) and Cancellation Policy
§ 1 Applicability
(1) These general terms of sale (hereinafter: T&C) apply to all contracts concluded through our online store between us, the
Königs Reitstiefel Handel und Vertrieb
Managing Director: Ellen Königs
Phone +49 24 31 / 9 75 95 68
email address: firstname.lastname@example.org
and you, as our customer. Insofar as reference to the customer is made in the masculine form, the feminine is also included. This also applies to other personal designations. These T&C apply to all contracts regardless of whether you are a consumer or an entrepreneur. Pursuant to Section 13 of the German Civil Code, a consumer is any natural person who enters into a transaction for purposes which are mainly outside his trade, business, craft or profession. Pursuant to Section 14 of the German Civil Code, an entrepreneur is any natural or legal person or a legal partnership who/that, on conclusion of a legal transaction, does so in their commercial or professional capacity.
(2) All contracts concluded between us through our online store are based on these T&C, unless individual agreements are drawn up. Individual agreements take precedence over our T&C.
(3) The version of the T&C which is valid in each case at the conclusion of the contract shall be the definitive version.
(4) Differing conditions of the customer are not recognised. This is true even if we do not expressly object to the inclusion of such conditions.
§2 Conclusion of contract
(1) The adjustment of the merchandise on offer or the marketing of products in our online shop do not represent a binding offer to enter into a sales contract.
(2) The sales contract between us is concluded as follows:
You can select products from the range offered in our online store and add these to the so-called shopping cart by pushing the "add to cart" button. Depending on the payment method, you establish a legally binding order of the goods in the basket in the following ways:
- If you pay by Klarna instant transfer, click on the button "order, obliged to pay"
- For a payment by bank transfer, click on the button "buy"
- If you pay by PayPal, click on the button "pay with PayPal
Until submitting your order you can change and look at the data at any time.
(3) Access to your order made using our online store is immediately confirmed by email. In such an email there is still no binding acceptance of the order, unless the acceptance is declared at the same time as the confirmation of receipt of the order.
(4) A purchase contract is only concluded when we accept your order with a letter of acceptance or delivery of the ordered products.
(5) The contract is concluded exclusively in German.
§ 3 Contract Text/Order Processing
(1) We do not save the contract. Therefore, it cannot be retrieved from us once the ordering process is completed.
(2) After conclusion of the contract we will send the client an email that includes the order data, the information required by law and the T&C.
(3) The order processing and contact usually take place via email. The customer must ensure that the email address given by him for the order processing is correct, so that emails sent by us can be received and do not end up in the SPAM filters.
§ 4 Cancellation right
(1) If you are a consumer, you are entitled to a cancellation right in accordance with statutory provisions.
(2) The subsequent cancellation right is exclusively for the use of consumers in terms of § 13 of the German Civil Code:
You have the right to withdraw from this contract within fourteen days without specifying any reasons for this.
The cancellation period comprises fourteen days from the day on which you or any third party that is not the carrier and had been appointed by you took possession of the goods.
To exercise your right of cancellation you must inform us
Königs Reitstiefel Handel und Vertrieb, 41812 Erkelenz, Phone +49 24319759568, E-Mail: email@example.com
by means of a declaration (sent e.g. by post, email or fax) that you wish to withdraw from this contract. You may use the attached withdrawal form template; however, this is not compulsory. In order to comply with the cancellation period, it is sufficient for you to send us notice that you are exercising your right of cancellation before the cancellation period has expired.
Effects of the cancellation
If you withdraw from this contract, we will refund all payments we received from you, including shipment costs (except for additional costs arising if you chose a method of shipping different from the most cost-efficient standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notice of withdrawal from this contract. The repayment will be made using the same payment method as used for the original transaction, unless explicitly agreed otherwise with you; under no circumstances will you be charged fees for this repayment. We may withhold the refund until the items have been returned to us or until you have provided evidence that you have shipped the goods, whichever is earlier.
You must immediately send back or hand over the goods to us, A. Königs GmbH, in any event no later than fourteen days from the date on which you notified us that you are withdrawing from this contract. The deadline will be deemed to have been observed if you send the items before the fourteen-day deadline has expired.
You will bear the direct costs of returning the goods.
You will only be liable for any potential reduction in value of the items if this reduction in value is due to handling on your part which was not necessary for testing the quality, characteristics, and functioning of the items.
- End of cancellation policy - exclusion or premature lapse of the cancellation right: The right does not apply to contracts - for the delivery of goods which are not prefabricated and the production of which is due to an individual choice or decision by the consumer, or which have been clearly tailored to the personal needs of the consumer. That cancellation right expires early for contracts - on the delivery of sealed goods which are not suitable to be returned for reasons of health or hygiene, if their seal was removed after delivery.
TEMPLATE CANCELLATION FORM
(If you would like to withdraw from the contract, please complete this form and send it back.)
- To A.Königs GmbH, 41812 Erkelenz-Tenholt,
Fax 0 24 31/50 59, email address: firstname.lastname@example.org
- I hereby give notice that I am withdrawing from my contract
to purchase the following goods(*)/provide the following
- ordered on (*)/ received on (*)
- Name of the consumer(s)
- Address of the consumer(s) (only required for notification on paper)
(*) Delete whichever is not applicable.
(3) The cancellation right is only for use by the consumer and does not apply to distance contracts in cases pertaining to § 312 g II of the German Civil Code. This particularly refers to distance contracts
(a) for the supply of goods made to customer specifications or clearly customised for personal needs or which are not suitable for a return due to their condition or which could spoil quickly or whose expiration date has passed,
(b) for the supply of goods which, after delivery, have been mixed with other goods to the point of being inseparable due to their nature,
§ 5 Terms of delivery / transfer of risk
(1) We are entitled to make partial deliveries if this is acceptable to you.
(2) Unless another delivery time is specified in the offer, the item is ready for immediate delivery. The delivery is made at the latest within 5 working days (Monday to Friday, excluding holidays) after the payment order has been made to the referring institution (advance payment) or after conclusion of the agreement (cash or invoice payment).
(3) For orders from customers residing abroad or if there are justified indications of a risk of default, we reserve the right to deliver only after receiving the purchase price together with shipping costs (advance reservation). If we make use of the advance reservation, we will inform you immediately. In this case, the delivery time begins with payment of the purchase price and the shipping costs.
(4) The delivery of the product is made to the delivery address given by the customer, unless otherwise agreed. Except in cases of payment using PayPal, where the delivery address provided by the customer to PayPal at the time of payment is applicable.
(5) The risk of accidental loss and accidental deterioration shall generally pass to to the customer or an authorised recipient upon handing over of the goods, if the customer is a consumer. Over and above this, the risk is also passed on if the customer is in default of acceptance.
If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration in case of sales shipment passes on to the respective forwarder who will hand over the goods at our main office. If the customer is an entrepreneur, the place of delivery is our business address.
§ 6 Prices and shipping costs
(1) All prices quoted in the offers made in our online store are gross prices including VAT and are subject to applicable shipping / delivery costs and handling fees, unless otherwise stated in the offer.
(2) The shipping costs are specified in our prices in our online store. The price, including VAT and applicable shipping costs will also be displayed in the order form before you send the order.
(3) Delivery to countries outside of Germany is only made to those countries explicitly stated in the offer.
(4) Additional costs may apply for deliveries to countries outside the European Union for which we are not responsible and which are borne by you. This includes, for example, the costs for transferring money through credit institutions (e.g. bank charges, exchange fees) or legal import duties or taxes (e.g. customs duties).
(5) If we fulfil your order according to § 5 para. 1 with partial deliveries, you incur the shipping costs for the first delivery. If the partial deliveries were made at your request, we calculate the shipping for each partial delivery.
(6) Upon withdrawal from this contract, effective in accordance with § 4, you can request the refund of already paid shipping costs (costs of sending) under the legal conditions except for additional costs which arise from the fact that you selected a type of delivery other than the cheapest standard shipping offered by us (cf. other consequences of cancellation § 3 para. 2).
§ 7 Terms of payment
(1) Unless otherwise specified, you are obliged to pay in advance. Payment is due immediately after the conclusion of the contract.
(2) You have the option of the methods of payment mentioned above.
§ 8 Retention of ownership
Until the purchase price and shipping costs are fully paid, the delivered goods remain our property.
§ 9 Warranty
(1) We are liable for the material defects or defects of title of delivered products according to the applicable statutory provisions, in particular §§ 434 ff. German Civil Code.
(2) We do not grant any own guarantee within the meaning of § 443 of the German Civil Code on the offered item, unless this is expressly stated in the offer.
§ 10 Liability
(1) We are liable to you in all cases of contractual and non-contractual liability for gross negligence in accordance with statutory provisions for damages or reimbursement of expenses. This also applies to intent or gross negligence on the part of our legal representatives or agents.
(2) In other cases, we are liable - insofar as not specified otherwise in para. 3 - only in the case of a breach of the contractual obligation, the fulfilment of which makes the proper execution of the contract possible and on the compliance with which participants can regularly rely on (cardinal obligation), limited to the replacement of foreseeable and typical damage. In all other cases, liability is excluded subject to the regulation in para. 3.
(3) The liability for damages from injury to life, limb or health and under the Product Liability Act remains unaffected by the foregoing limitations and exclusions of liability. The same applies to the provision of a guarantee or other liability without fault.
(4) If the liability is limited or excluded under the foregoing provisions, this also applies in favour of the personal liability of our legal representatives, executives or vicarious agents.
§ 11 Copyrights
We have copyrights to all images, films and texts, which are published in our online store. The use of images, films and texts is not permitted without our express permission.
§ 12 Applicable Law and Jurisdiction, Dispute Resolution
(1) The law of the Federal Republic of Germany applies, with the exception of the UN Sales Convention. If you have submitted this order as a consumer and had your habitual domicile in another country at that time, the applicability of any mandatory laws of that country is not affected by this clause.
(2) If you are an entrepreneur or a legal entity under public law or a public special fund, jurisdiction for all disputes arising from contractual relationships between us shall be our registered place of business in Erkelenz. In all other respects, the statutory provisions shall apply for the local and international responsibility.
(3) Online dispute resolution pursuant to Art. 14 para. 1 ODR-VO: the European Commission provides a platform for online dispute resolution at http://ec.europa.eu/consumers/odr/.
We point out that we do not participate in dispute settlement proceedings before a consumer arbitration body and that we cannot be compelled to do so.
§ 13 Final Provisions
Should one or more provisions in these T&C be invalid, this shall not affect the validity of the other T&C regulations. The invalid provision shall be replaced by the relevant statutory provision.
(1) We collect, process and use customer data as part of the fulfilment of contracts. In doing so, we take note of the provisions of the Federal Data Protection Act and the Telemedia Act in particular. Without the customer's consent, we only collect, process and use the inventory or usage data of customers to the extent necessary to fulfil the contracts.
(2) Without the consent of the customer, we will not use customer data for purposes of advertising, market research and opinion polls.