Conditions
§ 1 Scope
(1) These General Terms and Conditions of Sale (hereinafter: General Terms and Conditions) apply to all contracts concluded between us regarding goods presented in our sales catalogue,
Harald Klein
Rengsdorferstrasse 21
53577 Neustadt Wied
TEL: +49 160 7565264
Mail.:muratkleinmesser@gmail.com
and you as our customer. The General Terms and Conditions apply regardless of whether you are a consumer, entrepreneur or merchant.
(2) All agreements made between you and us in connection with the purchase contract result in particular from these sales conditions, our written order confirmation and our declaration of acceptance.
(3) The version of the General Terms and Conditions valid at the time the contract is concluded is decisive.
(4) We do not accept any differing conditions from the customer. This also applies if we do not expressly object to the inclusion.
§ 2 Conclusion of contract
(1) The presentation and promotion of articles on our homepage does not constitute a binding offer to conclude a purchase contract, but rather an invitation to you to order the products described on the homepage.
(2) By submitting an order, you are placing a legally binding order. You are bound to the order for a period of two (2) weeks after placing the order, the date of receipt of the order is decisive. Your right to cancel your order, which may exist under Section 3, remains unaffected by this.
(3) We will immediately confirm receipt of your order in writing. Such a confirmation does not constitute a binding acceptance of the order, unless it also declares acceptance in addition to confirming receipt.
(4) A contract is only concluded when we accept your order through a declaration of acceptance or through delivery of the ordered items.
(5) If delivery of the goods you have ordered is not possible, for example because the goods in question are not in stock, we will not issue a declaration of acceptance. In this case, a contract is not concluded. We will inform you of this immediately and immediately refund any consideration already received.
§ 3 Right of withdrawal
(1) If you are a consumer (i.e. a natural person who places the order for a purpose
which cannot be attributed to your commercial or independent professional activity
can), you have a right of withdrawal in accordance with the statutory provisions.
(2) If you, as a consumer, make use of your right of withdrawal in accordance with Section 1, you have this
regular return shipping costs must be borne.
(3) Otherwise, the regulations set out in detail in apply to the right of withdrawal
of the following
Right of withdrawal
§ 3 Right of withdrawal
(1) If you are a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed to your commercial or independent professional activity), you have a right of withdrawal in accordance with the statutory provisions.
(2) If you as a consumer make use of your right of withdrawal in accordance with Section 1, you must bear the regular costs of returning the goods.
(3) Otherwise, the regulations set out in detail below apply to the right of withdrawal
Right of withdrawal
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reasons.
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 goods.
In order to exercise your right of withdrawal, you must provide us (enter the name of the entrepreneur, address and, if available, telephone number, fax number and e-mail address) by means of a clear statement (e.g. a letter sent by post, fax or e-mail) about your decision to revoke this contract. You can use the attached sample cancellation form, although this is not mandatory. You can also fill out and submit the sample cancellation form or another clear declaration electronically on our website [insert Internet address]. If you make use of this option, we will immediately send you confirmation (e.g. by email) of receipt of such a revocation.
In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires.
Consequences of revocation
If you cancel this contract, we will refund to you all payments received from you, including delivery costs (except for additional costs resulting from you choosing a method of delivery other than the cheapest standard delivery offered by us have) to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment. We may refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is the earlier.
You must deliver the goods to us or to [here, where applicable, the name and address of the person authorized by you to receive the goods, immediately and in any case no later than fourteen days from the day on which you inform us of your cancellation of this contract insert] to be returned or handed over. The deadline is met if you send the goods before the fourteen day period has expired.
You bear the direct costs of returning the goods.
You must be responsible for any loss in value of the goods only arise if this loss in value is due to handling other than what is necessary to check the nature, properties and functionality of the goods.
- End of revocation-
(4) The right of withdrawal does not apply to distance selling contracts
(a) for the delivery of goods that have been manufactured to customer specifications or that are clearly tailored to personal needs or that are not suitable for return due to their nature or that can spoil quickly or whose expiry date would be exceeded,
(b) to deliver audio or video recordings or software, provided you have unsealed the data carriers delivered.
§ 4 Delivery conditions and reservation of advance payment
(1) We are entitled to make partial deliveries if this is reasonable for you.
(2) The delivery period is approximately five (5) working days, unless otherwise agreed. It begins – subject to the regulation in paragraph 3 – with the conclusion of the contract.
(3) For orders from customers with a place of residence or business abroad or if there are reasonable indications of a risk of non-payment, we reserve the right to only deliver after receipt of the purchase price including shipping costs (advance payment reservation). If we make use of the advance payment reservation, we will inform you immediately. In this case, the delivery period begins with payment of the purchase price and shipping costs.
§ 5 Prices and shipping costs
(1) All prices stated on our homepage are final prices. Since we make use of the small business regulation, VAT is not shown separately. The prices do not include any applicable shipping costs.
(3) The shipping fee is 6.99 euros.
(4) The shipping costs for deliveries abroad are different. Please inquire about this before ordering by telephone on +49 160 7565264 or by email at muratkleinmesser@gmail.com
(5) If we fulfill your order through partial deliveries in accordance with Section 4 Paragraph 1, you will only incur shipping costs for the first partial delivery. If the partial deliveries are made at your request, we will charge shipping costs for each partial delivery.
(6) If you effectively revoke your contractual declaration in accordance with Section 3, you can, under the legal requirements, request reimbursement of costs already paid for shipping to you (shipping costs) (see Section 3 Paragraph 3 for other consequences of revocation).
§ 6 Terms of payment and offsetting
(1) The purchase price and shipping costs must be paid in advance. We will provide you with the relevant bank details for this purpose. You can also pay via our shop system using PayPal or Google Pay.
(2) You are not entitled to offset our claims unless your counterclaims have been legally established or are undisputed. You are also entitled to set off against our claims if you assert complaints about defects or counterclaims from the same purchase contract.
(3) As a buyer, you may only exercise a right of retention if your counterclaim arises from the same purchase contract.
§ 7 Retention of title
The delivered goods remain our property until the purchase price has been paid in full.
§ 8 Warranty
(1) We are liable for material or legal defects in delivered items in accordance with the applicable legal regulations. The limitation period for statutory claims for defects is two years and begins with delivery of the goods.
(2) Any seller guarantees given by us for certain items or manufacturer guarantees granted by the manufacturers of certain items apply in addition to claims for material or legal defects within the meaning of paragraph 1. Details of the scope of such guarantees can be found in the guarantee conditions that accompany the items if necessary.
§ 9 Liability
(1) We are liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of wasted expenses.
(2) In other cases, unless otherwise stipulated in paragraph 3, we are liable only for the breach of a contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on whose compliance you as a customer can regularly rely (so-called cardinal obligation), limited to compensation for foreseeable and typical damage. In all other cases, our liability is excluded, subject to the provisions in paragraph 3.
(3) Our liability for damages resulting from injury to life, body or health and under the Product Liability Act remains unaffected by the above liability limitations and exclusions.
§ 10 Copyrights
We hold copyright to all images, films and texts published in our catalog. Any use of the images, films and texts is not permitted without our express consent.
§ 11 Data protection notice
We collect, process and use your personal data, in particular your contact details to process your order, including your email address if you provide it to us. To check your creditworthiness, we can use information (e.g. a so-called score value) from external service providers to help you make a decision and make the payment method dependent on this. The information also includes information about your address. This is done for the purpose of contract processing, Art. 6 Para. 1b) GDPR. For details, please see our privacy policy.
§ 12 Applicable law and place of jurisdiction
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of the mandatory legal provisions of that country remains unaffected by the choice of law made in sentence 1.
(2) If you are a merchant and have your registered office in Germany at the time of the order, the exclusive place of jurisdiction is the seller's registered office in 53577 Neustadt Wied. Otherwise, the applicable legal provisions apply to local and international jurisdiction.