Section 1 Applicability, definitions
(1) Kaufmann Keramik GmbH, Otto-Hahn-Straße 1, 95111 Rehau, Germany (hereinafter referred to as “we” or “Kaufmann Keramik Onlineshop”) operates an online shop for goods on the website shop.kaufmann-keramik.de. The following general terms and conditions as amended at the time the order is placed apply to all transactions between us and our customers (hereinafter referred to as “customer” or “you”), unless expressly agreed otherwise.
(2) A “consumer” in the sense of these terms and conditions is any natural person who enters into a legal transaction for reasons that are not predominantly found in their commercial or independent professional activity. “Entrepreneur” means a natural or legal person or a partnership having legal capacity who, when entering into a legal transaction, acts in their commercial or independent professional capacity; for the purposes of these general terms and conditions, a partnership having legal capacity is a partnership that has the power to acquire rights and incur liabilities.
Section 2 Conclusion of contracts, saving the contract text
(1) Concluding contracts is regulated as follows when ordering from our online shop at shop.kaufmann-keramik.de.
(2) Our online product presentation is non-binding and does not constitute a binding offer to conclude a contract.
(3) The following applies when an order is received via our online shop: The customer makes a binding offer to enter into a contract by successfully completing all steps to order from our online shop. The order process contains the following steps:
- Selection of the desired goods;
- Adding the products by clicking on the corresponding button (e.g. “Add to shopping cart”, “Add to shopping bag” or similar);
- Checking the information in the shopping cart;
- Accessing the order overview by clicking on the corresponding button (e.g. “Continue to checkout”, “Continue to payment”, “To order overview” or similar);
- Entering/confirming address and contact details, selection of the payment method, confirming acknowledgement of the T&Cs and the cancellation policy;
- Completion of the order by clicking the “Buy now” button. This is a binding offer to conclude a contract on your part.
- The contract is concluded when you receive an order confirmation from us which we usually send to the e-mail address provided within three working days.
(4) If a contract is concluded, it is concluded with Kaufmann Keramik GmbH, Otto-Hahn-Straße 1, 95111 Rehau, Germany.
(5) Before placing an order, you can print the contract details using the browser’s print function or you can save them on your end device. Orders are processed and information required for concluding the contract (especially order data, general terms and conditions and the cancellation policy) is transmitted by e-mail once you have placed the order. Some parts of that process are automated. We do not save the contract text beyond the conclusion of the contract.
(6) Information entered incorrectly can be corrected using the usual keyboard, mouse and browser functions (e.g. “back button” of the browser). It can also be corrected by cancelling the order before it is completed, closing the browser window and repeating the process.
(7) Orders are processed and information required for concluding the contract is transmitted by e-mail; some parts of this process are automated. You must therefore ensure that the e-mail address you have provided is correct, that you can receive the e-mails and especially that the e-mail will not be filtered out by SPAM filters.
Section 3 Subject matter of the contract and key product features
(1) The subject matter of the contract in our online shop is:
- the sale of goods. You can find the goods we offer on our product pages.
(2) The key product features are listed in the article description.
(3) The sale of digital products is subject to the restrictions listed in the product description or, if not applicable, the restrictions associated with the circumstances, in particular where hardware and/or software requirements for the target environment are concerned. Unless expressly agreed otherwise, the contract is only concluded for a private and/or commercial use of the products without the right to resell or sublicense.
Section 4 Prices, shipping costs and delivery
(1) The prices listed in the respective offers and shipping costs are total prices and include all price components including all applicable taxes.
(2) The respective purchase price must be paid before the product is delivered (advance payment), unless we expressly offer purchase on account. The available payment methods are shown in a separate menu in the online shop or in the offer in question. Unless stated otherwise in the individual payment methods, payments must be made immediately.
(3) Shipping costs for the delivery of products may be payable in addition to the prices shown, unless the respective item is listed as free of shipping costs. The shipping costs will be shown clearly in the offers, if applicable also and again in the shopping cart section and in the order overview.
(4) All products offered are ready to be shipped immediately, unless expressly stated otherwise in the product description.
(5) We deliver to anywhere in the world.
Section 5 Right of retention, reservation of title
(1) You may only exercise a right of retention for claims stemming from the same contractual relationship.
(2) The goods remain our property until the purchase price is paid in full.
Section 6 Right of withdrawal
As a consumer, you have the right to withdraw from the contract. This right is governed by our cancellation policy.
Section 7 Liability
(1) Subject to the following exceptions, our liability for violations of contractual duties and tort shall be limited to intent or gross negligence.
(2) We are liable without limitation in the event of injury to life, limb or health due to minor negligence or for violations of a material contractual duty. If we delay performance due to slight negligence, if performance has become impossible or if we have violated a material contractual duty, any liability for resulting material damage and financial losses shall be limited to the foreseeable damage typical for this type of contract. A material contractual duty is an obligation that must be met to make a performance of contract in due form possible in the first place, the violation of which jeopardizes achievement of the purpose of the contract and on the compliance of which you may rely at all times. In particular, this includes our obligation to act and to provide the performance owed under the contract that is described in section 3.
Section 8 Contract language
Contracts can only be concluded in German.
Section 9 Warranty
(1) Warranty is governed by the statutory provisions.
(2) The warranty period for goods delivered to businesses is 12 months.
(3) If you are a consumer, we would like to ask you to check the item/digital goods or the service provided for their completeness, obvious defects and transport damage immediately upon fulfilment of the contract and to notify us and the carrier of any complaints as soon as possible. Needless to say, if you do not comply with this request, this will not affect your statutory warranty claims.
Section 10 Final provisions
(1) Applicable law is German law. This choice of law only applies to consumers if this does not negate any protection afforded by mandatory provisions of the laws of the country in which the consumer has their habitual residence (favorability principle).
(2) It is made clear that the provisions of the UN Convention on Contracts for the International Sale of Goods do not apply.
(3) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the seller is the registered office of the seller.