Terms of service
General terms and conditions with customer information
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 shipping
6 .Retention of title
7. Liability for defects (warranty)
9. Applicable law
10. Place of jurisdiction
11. Alternative dispute resolution
1 ) Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of KETTLER Trading GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") ) with the seller regarding the seller on the website https://kettlershop.com (below "kettlershop”). The inclusion of the customer's own terms and conditions is hereby contradicted, unless something else has been agreed professional activity can be attributed. Entrepreneur within the meaning of these terms and conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2) Conclusion of contract
2.1 The seller's product descriptions presented at kettlershop do not represent binding offers on the part of the seller, but serve to enable the customer to submit a binding offer.
2.2 The customer can submit the offer via the shopping cart system integrated at kettlershop When ordering via the shopping cart system, the customer submits a legally binding contract offer in relation to the goods contained in the shopping cart by clicking the "Buy now" button in the final step of the ordering process. The customer has to go through the following technical steps:
The customer first places the goods in the virtual shopping cart by clicking on the "Add to shopping cart" button and then clicks on the "Proceed to checkout" button. In the next step, the customer must log in to his/her kettlershop customer account or set up one for the first time, giving his/her e-mail address and password. In the next step, the customer must select the desired shipping method and click the "Buy now" button to complete the order. 2.3 Immediately after sending his order, the customer will receive a confirmation e-mail from Kettlershop with the information that the seller received the offer. 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) or having it sent by Kettlershop, whereby the receipt of the order confirmation at the customer is decisive, or
- by delivering the ordered goods to the customer or having them delivered by Kettlershop, whereby receipt of the goods by the customer is decisive in this respect, or
- by requiring the customer to pay after placing his order requests or has Kettlershop request payment, or
- if payment by direct debit is offered and the customer decides in favor of this payment method, by collecting the total price from the customer's bank account or having it collected by kettlershop , whereby the The point in time at which the customer's account is debited is decisive.
If there are several of the aforementioned alternatives , the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the customer has sent 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 is deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent sent to the customer in text form (e.g. e-mail, fax or letter) after the order has been placed. The seller does not make the contract text accessible beyond this. In addition, the order data is archived at Kettlershop and can be called up free of charge by the customer via his password-protected user account at Kettlershop.
2.5 When ordering via the goodsbasket system from Kettlershop, the customer can recognize possible input errors by carefully reading the information displayed on the screen before submitting the binding order. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can continuously correct his entries before the binding submission of the order as part of the electronic ordering process using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window prior to the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions. When ordering via the 1-Click®-buy function, the ordering process is completed after pressing the "Buy now with 1-Click®" button. It is no longer possible to correct input errors once you have clicked on the "Buy now with 1-Click®" button.
2.6 Only the German language is available for the conclusion of the contract e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the 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 commissioned 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 Instructions on cancellation .
4) Prices and terms of payment
4.1 The prices quoted by the seller are total prices and include statutory sales tax. Any additional delivery and shipping costs are specified separately in the respective product description.
4.2 Deliveries to countries outside the European Union may incur additional costs in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for money transfers by banks (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs can also be incurred in relation to the money transfer if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 Payment is processed via one of the the following payment service providers, which the seller has commissioned to process the payment: (a) Skrill Limited, a company under English law with registration number 04260907, FCA money registration number 900001 and address Paysafe, Floor 27, 25 Canada Square, London, E17 4AU, GB (b) PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg
5) Terms of delivery and shipping
5.1 Goods are delivered by mail to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address stored by the customer at Kettlershop is decisive. Goods that are delivered by a forwarding agent are delivered "free to the curb", i.e. to the public curb closest to the delivery address, unless otherwise stated in the shipping information in the seller's online shop and unless otherwise agreed.< /p>
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 for the delivery if the customer effectively exercises his right of withdrawal. If the customer effectively exercises the right of cancellation, the regulation made in the seller's cancellation policy applies to the return costs.
5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold is transferred to the customer, as soon as the seller has delivered the item to the forwarding agent, the carrier or the person or institution otherwise responsible for carrying out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold only passes when the goods are handed over to the customer or an authorized recipient. Deviating from this is the risk of accidental loss and accidental deterioration of the goods sold also passes to the customer, even in the case of consumers, as soon as the seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment, if the customer commissioned the carrier or the person or institution otherwise responsible for carrying out the shipment and the seller had not previously named this person or institution to the customer.
5.4 The seller reserves the right, in the event of incorrect or improper to withdraw from the contract. This only applies in the event that the non-delivery is not the responsibility of the seller and he has concluded a specific hedging transaction with the supplier with due diligence. The seller will use all reasonable efforts to procure the goods. If the goods are unavailable or only partially available, the customer will be informed immediately and the consideration will be reimbursed immediately.
6) Retention of title
6.1 The seller reserves the right to consumers up to full payment of the purchase price owed.
6.2 In relation to entrepreneurs, the seller reserves ownership of the delivered goods until all claims from an ongoing business relationship have been settled in full.
6.3 If the customer acts as an entrepreneur, he is entitled to resell the reserved goods in the ordinary course of business. The customer assigns all resulting claims against third parties to the seller in advance in the amount of the respective invoice value (including sales tax). This assignment applies regardless of whether the reserved goods have been resold without or after processing. The customer remains authorized to collect the claims even after the assignment. The seller's authority to collect the claims himself remains unaffected. However, the seller will not collect the claims as long as the customer meets his payment obligations to the seller, does not default in payment and no application for the opening of insolvency proceedings has been filed.
7) Liability for defects (warranty)
If the purchased item is defective, the provisions of the statutory liability for defects apply.
The customer is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect whatsoever on his statutory or contractual claims for defects.
The following applies in deviation from this:
7.1 If the customer acts as an entrepreneur,
- the seller has the choice of the type of supplementary performance;
- for new goods, the limitation period for defects is one year from delivery of the goods;
- In the case of used goods, the rights and claims due to defects are fundamentally excluded;
- The limitation period does not begin again if a replacement delivery is made as part of the liability for defects.
7.2 The liability limitations and deadline reductions regulated above do not apply
- for items that have been used for a building in accordance with their usual purpose and have caused its defectiveness,
- for claims for damages and reimbursement of expenses by the customer, and
- in the event that the seller fraudulently concealed the defect has.
7.3 In addition, it applies to entrepreneurs that the statutory limitation periods for the right of recourse according to § 445b BGB remain unaffected.
7.4 If K and as a merchant within the meaning of Section 1 of the German Commercial Code, he is subject to the commercial obligation to examine and give notice of defects in accordance with Section 377 of the German Commercial Code. If the customer fails to comply with the notification obligations regulated there, the goods are deemed to have been approved.
7.5 If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.
If the customer acts as an entrepreneur, the seller is liable to him for all contractual, quasi-contractual and legal, also tortious claims for damages and reimbursement of expenses as follows:
8.1 The seller is fully liable for any legal reason
- in the event of intent or gross negligence,
- in the event of intentional or negligent injury to life, of the body or health,
- due to a guarantee promise, unless otherwise agreed in this regard,
- due to mandatory liability such as under the Product Liability Act.
8.2 Violatedthe seller negligently breaches an essential contractual obligation, liability is limited to the foreseeable damage that is typical for the contract, unless liability is unlimited in accordance with the above clause. Essential contractual obligations are obligations which the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the customer can regularly rely.
8.3 Otherwise, the seller is liable excluded.
8.4 The above liability regulations also apply with regard to the liability of the seller for his vicarious agents and legal representatives.
9) Applicable law
Applies to all legal relationships between the parties the law of the Federal Republic of Germany to the exclusion of the laws governing the international purchase of movable goods. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
10) Place of jurisdiction< br> If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the place of business of the seller. If the customer has his registered office outside the territory of the Federal Republic of Germany, the seller's place of business is 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. In the above cases, however, the seller is in any case entitled to appeal to the court at the customer's registered office.
11) Alternative dispute resolution
11.1 The EU Commission submits on the Internet A platform for online dispute resolution is available at the following link: www.ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court settlement of disputes arising from online sales or service contracts in which a consumer is involved.
11.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.