Terms and Conditions (GTC)1. General and scope
The following terms and conditions apply to everyone between the Klappt. GmbH - hereinafter "Seller" - and the buyer concluded contracts for the delivery of goods by way of distance selling at www.klpt.de. The seller does not recognize any terms and conditions of the buyer that conflict with or deviate from these general terms and conditions and hereby expressly objects to them. Deviating general terms and conditions of the buyer, supplementary agreements and/or ancillary agreements are only valid if the seller expressly agrees. In these terms and conditions, different regulations are sometimes made for consumers and entrepreneurs.
According to Section 13 of the German Civil Code, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.
According to § 14 BGB, an entrepreneur 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. An incorporated partnership is a partnership endowed with the capacity to acquire rights and incur liabilities.2. Offer and conclusion of contract
2.1. The seller's offers at www.klpt.de are non-binding catalog offers. The buyer can place one or more goods in the virtual shopping cart. From there, he clicks on the "Checkout " button to go to the purchase process. After entering the personal information required for the order and the other information required for the execution of the order, the buyer submits a binding order offer to purchase the respective goods by clicking on the field "order with costs" as the last step in the ordering process. The buyer has the opportunity to check his entries again before finally clicking on the field "order with costs" and to change them if necessary. To do this, he can click on "edit" next to the respective information to go to the corresponding page of the order processing and change the respective information there.
2.2. Once the buyer has completed the ordering process, the seller immediately confirms receipt of the order by e-mail. This confirmation of receipt does not yet represent a binding acceptance of the order. The purchase contract is concluded with the order confirmation or delivery of the goods by the seller. The order confirmation is sent to the buyer by email. If the buyer does not receive an order confirmation or a delivery within 7 days, he is no longer bound to his order.
3.1. The prices quoted by the seller are to consumers including the applicable statutory sales tax.
3.2. When shipping the goods, the designated shipping costs also apply . These can be called up with the respective offer as well as under the heading " Payment and Shipping ".
3.3 . If delivery is made to countries outside the European Union, additional costs for which we are not responsible may be incurred, such as customs duties, taxes or money transfer fees (bank transfer or exchange rate fees), which you must bear.
4.1. The delivery time can be found in the respective product information. Please also note the information in Section 9g of these General Terms and Conditions and under " Payment and Shipping ".
4.2. The seller is entitled to partial delivery if this is reasonable for the buyer. In the case of consumers, this only applies if their interest in the entire contract has not ceased as a result of the partial delay or the partial delivery. In the event of a dispute, the burden of proof for this and for reasonableness lies with the seller. In the case of partial deliveries, additional shipping costs only apply if this has been expressly agreed. A partial delivery within the meaning of these conditions is always only the delivery of an order in several partial shipments/pieces. The seller is not entitled to other partial services without prior express agreement with the buyer.
4.3. If the buyer is a consumer, the seller always bears the shipping risk, regardless of the type of shipping, unless the buyer has commissioned the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipping to carry out the shipping without him being aware of the Seller has previously named this person or entity.
4.4. If the buyer is an entrepreneur, all risks and dangers of the shipment are transferred to the buyer as soon as the goods have been handed over by the seller to the logistics partner commissioned.
5. Terms of Payment
5.1. Various payment methods are available to the buyer.
5.2. The costs that may arise from a certain payment method can be found in the "Payment and Shipping" overview.
5.3. With the payment methods offered in advance, PayPal and credit card, payment is due immediately upon conclusion of the contract. When paying by credit card, the buyer's credit card account is debited upon completion of the order.
5.4. If the buyer defaults on payment, the statutory regulations on default apply. According to § 288 BGB, the interest rate for a consumer is 5% points above the base interest rate per year and for an entrepreneur 9% points above the base interest rate per year.
5.5. The buyer is only entitled to set-off rights, insofar as they are not counterclaims arising from the same contractual relationship, if his counterclaims have been legally established, are undisputed or have been recognized by the seller.
5.6. If the buyer is an entrepreneur, he is not entitled to rights of retention, unless it is a question of counterclaims from the same contractual relationship, if his asserted counterclaims are disputed by the seller, if they are not legally established or ready for a decision.
5.7. After the goods have been shipped, the buyer will receive a shipping confirmation. He can request an invoice by email from email@example.com with the billing address given when ordering, which will then be emailed to him in PDF format. It is the buyer's responsibility to check all the data provided for accuracy and completeness before sending the order form. A right to subsequent correction of the invoice only exists if the invoice data does not match the data in the completed order form. A subsequent change of the invoice addressee, for example from a private to a business buyer or vice versa, does not take place.
6. Warranty / Liability
6.1. With regard to liability for material defects (warranty), the statutory provisions apply. The buyer has a statutory right to liability for material defects.
6.2. The following applies to contracts with entrepreneurs or legal entities under public law:
- The buyer's claims for material defects become statute-barred 12 months after the transfer of risk.
- Obvious defects must be reported within a period of 14 days, otherwise they are considered approved. Missing quantities must be reported within 4 days.
- If the transaction is a commercial transaction for both parties, the buyer has, in deviation from item b. to comply with the obligations of § 377 HGB, i.e. to examine the goods immediately after delivery by the seller, insofar as this is feasible in the ordinary course of business, and to notify the seller immediately if a defect or a shortage is found. If notification is omitted or delayed, ie not immediately, the goods shall be deemed to have been approved. Hidden defects must be reported immediately after they are discovered, otherwise they are also deemed to have been approved if they are not reported or are reported too late.
- In the event of a defect in the purchased item, the seller is entitled to choose between subsequent performance in the form of repair or delivery of a defect-free item. The buyer must grant the seller a reasonable period of time, which varies according to the actual circumstances of the individual case, but not less than 7 days, for subsequent performance. The seller must bear the expenses required for the purpose of supplementary performance, in particular transport, travel, labor and material costs. In the case of supplementary performance, the seller only bears the necessary expenses up to the amount of the purchase price.
- If the subsequent improvement within the meaning of Section 440 of the German Civil Code (BGB) fails, the buyer can choose to withdraw from the contract or request a price reduction.
- Further claims of the buyer, in particular due to consequential damages, are excluded as a matter of principle. This does not affect the unlimited liability for damage resulting from injury to life, limb or health as well as other damage based on a negligent or grossly negligent breach of duty by the seller or an intentional or negligent breach of duty by a legal representative or vicarious agent. The unlimited liability also applies in the event of a breach of cardinal contractual obligations, i.e. such contractual obligations on the fulfillment of which the buyer relies and may rely. Otherwise, liability is limited to the damage typically incurred in the commercial transactions on which these General Terms and Conditions are based.
- Liability under the Product Liability Act remains unaffected.
- The statutory limitation period in the context of a delivery recourse according to §§ 478,479 BGB remains unaffected.
7. Retention of Title
7.1. The delivered goods remain the property of the seller until the purchase price has been paid in full.
7.2. The following applies to buyers who are entrepreneurs:
- The seller retains ownership of the goods (reserved goods) until all payments from the business relationship with the buyer have been received.
- If the buyer does not meet his payment obligation despite a reminder with a deadline, the seller can demand the return of the reserved goods still in his ownership without further prior setting of a deadline. The buyer is responsible for all applicable freight costs. The taking back of the reserved goods by the seller always constitutes a withdrawal from the contract. After receiving the goods subject to retention of title, the seller is authorized to sell them. The proceeds from the sale are to be offset against the buyer's liabilities - less reasonable costs of sale.
- The buyer must inform the seller immediately in writing of any access by third parties, in particular of enforcement measures and other impairments to his property. The buyer must compensate the seller for all damages and costs arising from a breach of this obligation and from necessary intervention measures against access by third parties, in particular a lawsuit under § 771 ZPO.
7.3. The buyer is entitled to resell the reserved goods in normal business transactions. However, the buyer assigns to the seller the claims in the amount of the final invoice amount agreed with him (including sales tax) that accrue to him from the resale of the reserved goods against his customers or other third parties; whereby this assignment applies regardless of whether the purchased item has been resold without or after processing. The buyer remains authorized to collect the claim even after the assignment. The seller's authority to collect the claim himself remains unaffected. However, the seller will not make use of this authority as long as the buyer meets his payment obligations. As soon as the customer is in default of payment or he has filed an application for the opening of insolvency proceedings or payments have been suspended, the seller can demand that he be informed of all assigned claims and their debtors, that the debtors are informed of the assignment by the customer and that the Buyer provides him with all documents and information required for collection and enforcement.
7.4. The processing or transformation of the purchased item by the buyer is always carried out for the seller. If the purchased item is processed with other items not belonging to the seller, the seller acquires co-ownership of the new item in relation to the value of the purchased item (final invoice amount, including VAT) to the other processed items at the time of processing. For the rest, the same applies to the item created by processing as to the purchased item delivered subject to reservation.
7.5. If the purchased item is inseparably mixed with other items that do not belong to the seller, he acquires co-ownership of the new item in the ratio of the value of the purchased item (final invoice amount, including VAT) to the other mixed items at the time of mixing. If the mixing takes place in such a way that the buyer's item is to be regarded as the main item, it is agreed that the buyer transfers proportionate co-ownership to the seller. The buyer keeps the resulting sole ownership or co-ownership for the seller.
7.6. The buyer also assigns to the seller the claims to secure the seller's claims against the customer, which arise against a third party as a result of the connection of the purchased item with real estate.
7.7. The seller undertakes to release the securities to which he is entitled at the request of the buyer insofar as the realizable value of his securities exceeds the claims to be secured by more than 10%; The choice of securities to be released is incumbent upon the seller.
8. Cancellation policy for consumers (§ 13 BGB)
8.1. Consumers (see section 1 above) have the following right of withdrawal.
Consumers have the following statutory right of withdrawal.
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is 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 goods.
In order to exercise your right of withdrawal, you must send us (Klappt. GmbH, Schlaunstr. 8, 48143 Munster , e-mail: firstname.lastname@example.org ) a clear statement (e.g. a letter sent by post or e-mail) about your decision to revoke this contract. You can use the attached sample revocation form for this, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is 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 inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
You can make your return after consultation with us. We will give you the return address after consultation.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
End of revocation.
Sample cancellation form
If you want to revoke the contract, please fill out this form and send it back to us.
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/ the provision of the following service (*)
-Ordered on (*)/received on (*)
-Name of consumer(s)
-Address of the consumer(s)
- Signature of the consumer(s) (only if notification is made on paper)
(*) Delete where not applicable.
9. Information for consumers in the case of distance contracts and customer information for contracts in electronic commerce
a) We are not subject to any special codes of conduct.
b) You can check any transmission or input errors by checking the data entered before completing your order and, if necessary, change or delete them by clicking on "Edit".
c) The essential characteristics of the goods offered by the seller as well as the period of validity of limited offers can be found by the buyer in the individual product descriptions within the framework of the internet offer.
d) The language available for the conclusion of the contract is exclusively German.
e) Complaints and warranty claims can be submitted by the buyer to the address given in the provider identification, by e-mail to email@example.com.
f) The buyer can save the text of the contract on his computer by right-clicking on his browser or print it out using the print function of his browser. The text of the contract (consisting of the order data and the terms and conditions) is also saved by the seller and sent to the buyer by e-mail after the conclusion of the contract. For security reasons, the buyer, as a non-registered customer, can no longer view the order data via the Internet after the purchase has been completed. Buyers who are registered customers have the opportunity to view their previous orders under the menu item "My Account" and there under "Orders".
g) Information on payment and payment methods, delivery or fulfillment can be found in the respective offer. In addition, the buyer will find further information under the heading " Payment and Shipping ". In the case of payment in advance, the delivery period begins on the day following the purchaser's payment instruction; for all other payment methods, it begins with the purchaser's order. If the last day of the period falls on a Sunday or public holiday, the following working day takes the place of the end of the period.
h) Complaints procedure via the OS platform: Consumers have the option of bringing about out-of-court dispute resolution via the following link: http://ec.europa.eu/consumers/odr/
We are neither willing nor obliged to participate in dispute settlement procedures before a consumer arbitration board.
10. Final Provisions, Miscellaneous
10.1. The law of the Federal Republic of Germany applies to the contractual relationship between the seller and the buyer as well as to the respective terms and conditions. The application of UN sales law is excluded.
If the buyer is a consumer, the applicable legal regulations and rights in favor of the consumer under the law of the buyer's country of residence remain unaffected by this agreement.
10.2. The exclusive place of jurisdiction is the court at the seller's place of business if the buyer is a merchant within the meaning of the German Commercial Code or a corporation under public law. The seller has the right to sue at the buyer's place of business.
10.3. Should individual provisions of this contract not be legally effective in whole or in part or later lose their legal effectiveness, the validity of the rest of the contract shall not be affected. The statutory regulation takes the place of the invalid provision.