General terms and conditions with customer information
1. Applicability
2. Identity of the contracting party
3. Offer, ordering process and conclusion of contract
4. Prices and shipping costs
5. Delivery
6. Payment terms
7. Use of gift vouchers
8. Retention of title
9. Product warranty
10. Storage of the contract text
11. Complaints/dispute resolution
12. Closing remarks
1. Applicability
The following General Terms and Conditions of Business apply exclusively to your order of goods from kaas+heger. These terms and conditions may be amended by us. You are obliged to read the terms and conditions regularly, as the terms and conditions applicable are those in force at the time of conclusion of the contract (see below).
Deviating conditions of the customer will not be recognized unless we expressly agree to their validity.
2. Identity of the contracting party
The contract is concluded with kaas+heger, owner: Emil Heger.
Address:
kaas+heger
Buchenweg 6, D-56203 Hoehr-Grenzhausen
Phone customer service: 0049 2624 9527770 (Mon. to Fri., 9 to 18 o’clock, Sat. 9 to 14 o’clock)
E-mail: info@kaas-heger.de
VAT number: DE 160770407
3. Offer, ordering process and conclusion of contract
3.1 The presentation of the products in the online store is not a legally binding offer, but an invitation to place an order.
3.2 You submit a binding offer if you have gone through the online ordering process by entering the information requested and click on the button “Buy now” in step 4. We will then send you an automatic confirmation of receipt by e-mail, in which your order will be listed again and which you can print out by clicking on “Print”. This confirmation of receipt does not represent an acceptance of your offer, but is only intended to inform you that we have received your order.
3.3 A sales contract is only concluded if we send the ordered product to you within 2 days, hand it over or confirm the dispatch to you within 2 days with a second e-mail (dispatch confirmation), explicit order confirmation or sending of the invoice.
If we allow advance payment, the contract is concluded with the provision of the bank details and payment request. If we have not received payment within 10 calendar days after sending the order confirmation despite the due date, we will withdraw from the contract with the consequence that the order is no longer valid and we have no obligation to deliver. The order is then completed for you and us without further consequences. A reservation of the article with prepayment is therefore made for a maximum of 10 calendar days.
4. Prices and shipping costs
4.1 All prices quoted on our website are inclusive of the applicable statutory value added tax.
4.2 In addition to the stated prices we charge shipping costs for the delivery. The shipping costs will be clearly indicated on a separate information page and during the ordering process.
5. Delivery
5.1 We will hand over your order to our shipping partner within 48 hours at the latest (calculated from the next working day after your order). Shipping with DHL usually takes 1-3 additional business days.
5.2 If the delivery of the goods fails for reasons for which you are responsible, you shall bear the reasonable costs incurred by us. With regard to the costs for the return shipment, this does not apply if you have effectively used your right of withdrawal.
5.3 You will be informed about delivery times and delivery restrictions (e.g. limitation of deliveries to certain countries) on a separate Shipping & Delivery or within the respective product description.
6. Payment terms
6.1 You can choose from the available payment methods during and before completion of the order process. The available payment methods can be viewed on a separate information page.
6.2 If payment by invoice is possible, payment must be made within 30 days after the receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deduction.
6.3 If third party providers are commissioned with the payment processing, e.g. Paypal, their general terms and conditions of business apply.
6.4 If the due date of the payment is determined by the calendar, you are already in default by missing the deadline. In this case you have to pay the legal default interest.
6.5 The obligation to pay interest on arrears does not exclude the assertion of further damages caused by default on our part.
6.6 You shall only be entitled to a right of set-off if your counterclaims have been legally established or acknowledged by us. You may only exercise a right of retention if the claims result from the same contractual relationship.
7. Use of gift vouchers
7.1 Vouchers which can be purchased in our online store (hereinafter referred to as “gift vouchers”) can only be redeemed in kaas+heger’s online store, unless otherwise stated in the voucher.
7.2 Gift vouchers and remaining credit balances of gift vouchers may be redeemed until the end of the third year following the year of purchase of the voucher. Remaining credit balances are credited to the customer until the expiration date.
7.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent charging is not possible.
7.4 Gift certificates can only be used to purchase goods and not to purchase additional gift certificates.
7.5 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by us can be chosen to settle the difference.
7.6 The credit balance of a gift voucher is neither paid out in cash nor does it bear interest.
7.7 The gift voucher is transferable. kaas+heger may make payments with discharging effect to the respective holder who redeems the gift voucher in kaas+heger’s online store. This shall not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, incapacity or lack of authorization to represent the respective owner.
8. Retention of title
The delivered goods remain our property until full payment has been made.
9. Product warranty
9.1 The warranty for defects of the purchased goods is based on the legal regulations, in particular §§ 434 ff. BGB, as well as the following provisions.
9.2 Customary commercial or technically unavoidable, material-related deviations in the quality, color, size, equipment or design of the goods are irrelevant. There is no right of withdrawal in the case of such or other insignificant defects. You are at liberty to prove that the deviations mentioned are significant for you.
9.3 The warranty claim expires for damages due to improper handling and use of the purchased item.
9.4 You are requested to complain about delivered goods with obvious transport damages to the deliverer and to inform us about it. If you do not comply with this request, this will have no effect on your legal or contractual claims for defects.
9.5 Liability under the Product Liability Act remains unaffected.
10. Storage of the contract text
10.1 Your order data will be stored by kaas+heger. If you would like to receive this information in printed form, you can print out the “order confirmation”. This will appear on your screen after you have sent your order.
10.2 We will also send you an order confirmation with all order data to the e-mail address you have provided. With the order confirmation, but at the latest upon delivery of the goods, the customer will also receive a copy of the General Terms and Conditions of Business together with the cancellation policy and the information on shipping costs, delivery and payment terms. If you have registered in our store, you can view the orders you have placed in your profile area. In addition, we store the text of the contract, but do not make it accessible on the Internet
11. Complaints/dispute resolution
Under current law, we are obliged to inform consumers of the existence of the European Online Dispute Resolution Platform, which can be used to resolve disputes without the need to go to court. The European Commission is responsible for setting up the platform. You can find the European Online Dispute Resolution Platform here: https://ec.europa.eu/consumers/odr/
However, we would like to point out that we are generally not willing to participate in dispute resolution procedures within the framework of the European Online Dispute Resolution Platform.
12. Closing remarks
12.1.The law of the Federal Republic of Germany shall apply to contracts between the Seller and the Customer, excluding the UN Convention on Contracts for the International Sale of Goods
12.2 Contract language is German.
12.3 If any provision of these GTC should be invalid, the statutory provisions shall apply in place of the invalid provision. The legal validity of all other contractual provisions shall in any case not be affected by this.