The following general terms & conditions also contain the legally required information on your rights as per the German laws on contractual agreements involving distance selling and electronic commercial transactions.
Note: We expressly declare that we have no influence at all on the design and content of the linked pages of all the links placed on this page. We hereby distance ourselves from all of the content of all the linked pages on the website and declare that we do not own it.
§ 1 Scope
These general terms & conditions (GTC) apply to all agreements between Kay Knipschild and consumers (§ 13 German Civil Code (BGB)) that are concluded via our online shop. A consumer is regarded as a natural person who has concluded a legal transaction for a purpose that cannot be attributed to his or her commercial or freelance job.
§ 2 Parties to the Agreement
The purchase agreement has been made with Kay Knipschild. You will find additional information on us in the Legal Notice.
§ 3 Conclusion of the Agreement
The representation of products in the online shop does not represent a binding offer; instead it represents a non-binding online catalog. By clicking on the submit button at the end of the online order procedure, you submit a binding order for the products contained in your shopping cart. You will receive confirmation of your order immediately after you submit the order. We can accept your order within 5 days by sending you a confirmation of order via email or by shipping the products to you, unless you have selected the PayPal payment type. In this case, a purchase agreement is concluded when the payment service provider has confirmed your payment authorization.
§ 4 Right of Withdrawal
(1) Information on your right of withdrawal Consumers in the sense of § 13 German Civil Code (BGB) have a right of withdrawal. Any natural person who has concluded a legal transaction for a purpose that cannot be attributed to his or her commercial or freelance job is regarded as a consumer.
-- Right of Withdrawal Instructions for Consumers --
RIGHT OF WITHDRAWAL
You can withdraw from your contractual obligation within 14 days in written form (e.g. letter, fax or email) or – if you have received the subject of the agreement before the end of the 14 days – by returning the subject of the agreement without informing us of the reason. The terms begins with the receipt of these instructions in written form, but not before the recipient has received the products (in the case of the repeated shipment of similar products, not before the first partial shipment has been received) and not before we have fulfilled our obligation to inform you as per Article 246 § 2 in conjunction with § 1 para. 1 and 2 of the Introductory Act to the German Civil Code (EGBGB) and of our obligations as per § 312g para. 1 sentence 1 of the German Civil Code (BGB) in conjunction with Article 246 § 3 of the Introductory Act to the German Civil Code (EGBGB) as well. Timely notification of withdrawal or return of the subject is considered sufficient compliance with the withdrawal period. Address your notification of withdrawal/return products to:
10119 Berlin, Germany
Fax: +49 (0) 30-27 890 422
VAT Id: DE 28 65 78 094
CONSEQUENCES OF RECISION
In the event of a valid recision, the deliverables received by both parties must be returned and any benefits acquired in the process (e.g. interest) surrendered. If you are completely or partially unable to return the deliverables received, you must provide appropriate compensation as applicable. You will not be required to provide compensation for any deterioration in the value or your use of the subject of purchase unless the use or deterioration is the result of handling the subject of purchase that goes above and beyond testing its properties and functions. “Testing its properties and functions” is generally understood to mean testing and trying out the respective products as you would possibly and probably do in a store, for example. Subjects of purchase that can be shipped via parcel post are returned at our risk. You must pay the costs of return shipment if the products delivered are the products ordered and the price of the subject of purchase is not more than €40, or if the price of the subject of purchase is more than €40 and you did not give consideration or made a contractually agreed partial payment at the time of withdrawal from the purchase agreement. In all other cases you can return the subject of purchase free of charge. If the subject of purchase cannot be returned as a parcel, we will have it collected at your address. All reimbursement obligations must be fulfilled within 30 days of withdrawal from the contract. For you, the term begins when you submit your declaration of withdrawal or the subject of purchase; for us, with its receipt.
-- End of Right of Withdrawal Instructions --
(2) Non-binding Note in Case of Withdrawal
Do not ship the products back to us “cash on delivery” (C.O.D.). We will be happy to reimburse you for shipping costs in advance if you are not obligated to pay for return shipping. Please contact us to discuss the details of your return shipment before you ship it.
§ 5 Return Shipment Costs when Exercising Right of Withdrawal
If a customer has a right of withdrawal, he or she shall pay the regular costs of return shipment when exercising the right of withdrawal if the products delivered are the products ordered and if the price of the products to be returned is not more than €40 or if the price of the subject of purchase is more than €40 and the customer had not given consideration or made a contractually agreed partial payment at the time of withdrawal. In all other cases, this online shop will bear the cost of return shipment.
§ 6 Delivery Times
We use DHL to ship via the quickest route. As a rule, we deliver within 3-5 business days after receipt of payment. But please remember that our products are not mass produced. If it looks like the delivery time will deviate from the rule in your individual case, we will inform you of this in the email containing the confirmation of order.
§ 7 Retention of Ownership
The products you have purchased remain under our ownership until the purchase price has been paid in full.
§ 8 Prices and Shipping Costs
(1) The prices listed on the product pages included the legal valued added tax and other price components and will be indicated separately in the invoice.
(2) For shipping costs, please see the notes on shipping costs in our online shop.
(3) In compliance with the law, the products are shipped at our risk. If the purchaser is a company, the transport risk is transferred to the purchaser as soon as the products are consigned to the carrier.
(4) The value added tax applicable in the Federal Republic of Germany applies to shipments to European Union (EU) member countries. For orders from outside the EU, we subtract the portion of German value added tax from the list price. But you will be liable for the import tax your country’s Customs Office typically charges. We are not able to give out information on the collection of import taxes. We will print the declaration of the country of origin on your invoice. Within the EU, payments from foreign banks are not subject to additional fees if you enter the IBAN and SWIFT codes below on your bank transfer form. Without these codes, the bank will charge us a €7 processing fee for crediting your payment to our account. If your transfer does not come from a German bank, we will have to recover this €7 from you.
IBAN Code: DE 40 1005 00000 1901 72878
SWIFT Code: BELADEBEXX
(5) For shipments abroad (non-EU), we will invoice the actual shipping costs if they exceed €15.
§ 9 Payment
You can pay for your order via prepayment, PayPal (credit card payment, direct debit) or in cash if you pick up your order in person. (1) Prepayment If you select prepayment as your payment type, we will include our bank account information in the confirmation of order and ship the products after the prepayment has been credited to our company bank account. (2) PayPal If you have chosen to pay your invoice via third-party service provider PayPal, you have to register with PayPal or already have a PayPal account. After PayPal has confirmed you as a user and sent your access data, you can instruct PayPal to pay us. You will receive detailed instructions during the order process.
§ 10 Warranty
The legal warranty period for the sale of new products to consumers is two (2) years upon transfer to the purchaser. The warranty period for the sale of used products to consumers is one year and begins on the date the subject of purchase was transferred. It is not possible to curtail the warranty period to one year if the replacement obligation is based upon injury to body or health resulting from a defect beyond the control of the seller or due to willful conduct or gross negligence on the part of the seller or his agents. This notwithstanding, the seller is liable as per the German Product Liability Act.
§ 11 Language of the Agreement
German and English are the languages in which a purchase agreement can be concluded.
§ 12 Storage of the Agreement Text
We will not save the purchase agreement text. You can save it by using the print function of your browser to generate a print out. If you need to save the purchase agreement text in reproducible form, you are responsible for doing so.
§ 13 Availability of Supply
If we experience problems beyond our control with delivery from our suppliers despite having concluded a covering transaction, we reserve the right to withdraw from the purchase agreement with you. In this case, we will immediately inform you in writing and suggest a comparable products that we can deliver, as the case may be. If a comparable product is not available or you do not want us to ship you a comparable product, we will immediately reimburse you for the services you have rendered to this point.
§ 14 Notification of Defects
If the customer is a merchant in the sense of the German Commercial Code (HGB), he must inform us of defects (make a complaint) immediately or within a week of receipt of the products at the latest. Upon detection of defects that could not be detected within this period despite careful inspection, he must immediately inform us in writing.
If you have received products with obvious material or manufacturing defects, including transport damage, please describe the defects in writing and send the list to us or an employees of the carrier that shipped the products immediately. However, if you do not submit this complaint immediately, it will not effect your legal rights. For all defects present in the subject of purchase that become apparent within the legal period of warranty, you have the choice of the legal rights of subsequent performance, remedy of defects/replacement delivery and – if the legal requirements have been fulfilled – more substantial claims to price reduction or withdrawal from the contract, and in addition, to compensation, including compensation for damage in lieu of performance and compensation for your wasted expenditure.
§ 16 Other
Our offer is subject to change without notice and applies only within the Federal Republic of Germany. Because our products are not mass produced, the product(s) you receive may deviate slightly from the depiction and specifications published in our online shop. In order to process your order, we will save your address and all order-related data. Of course we are obligated to protect the complete privacy of your personal data according to the rules of the German Federal Data Protection Act (BDSG). In addition, we promise not to forward your address data to third parties.
All of the purchase agreements concluded with us, including those with an international dimension, meaning orders from and/or shipments to foreign countries, are subject to German law.
Insofar as both parties to the agreement are fully qualified merchants, the court of jurisdiction is Berlin District Court.