General Terms and Conditions
Table of Contents
1. Scope of Application
2. Conclusion of the Contract
3. Price and Delivery Costs
4. Shipment and delivery conditions
5. Liability for defects
6. Law and Jurisdiction
7. Information about online dispute resolution
1) Scope of Application
1.1 These Terms and Conditions of the company Kapps GmbH (hereinafter referred to as "Seller”) shall apply to all contracts concluded between a consumer or an trader (hereinafter referred to as "Client”) and the Seller relating to all goods and/or services presented in the online shop of the Seller. The inclusion of the Client's own conditions is herewith objected to, unless other terms have been stipulated.
1.2 A consumer pursuant to these Terms and Conditions is any individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession. A trader pursuant to these Terms and Conditions is any natural person or legal entity or partnership with legal capacity acting for purposes relating to that person’s trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf.
2) Conclusion of the Contract
2.1 The product descriptions in the Seller’s online shop do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Client.
2.2 The Client may submit the offer by the online order form integrated into the Seller's online shop. In doing so, after having entered his/her personal data and by clicking the button finalizing the order process, the Client submits a legally binding offer of contract with regard to the goods and/or services contained in the virtual basket.
2.3 The Seller may accept the Client's offer within five days
- by transferring a written order confirmation or an order conformation in written form (fax or e- mail); insofar receipt of order confirmation by the Client is decisive, or
- by delivering ordered goods to the Client; insofar receipt of goods by the Client is decisive, or
- by requesting the Client to pay after he/she placed his/her order.
Provided that several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the aforementioned alternatives firstly occurs. Should the seller not accept the Client’s offer within the aforementioned period of time, this shall be deemed as rejecting the offer with the effect that the Client is no longer bound by his statement of intent.
2.4 The period for acceptance of the offer shall start on the day after the Client has sent the offer and ends on expiry of the day after the next day following the sending of the offer. If the last day of the period falls on a Saturday, a Sunday or a official general holiday at the registered office of the seller, the following working day takes the place of such a day.
2.5 The contract’s content will be stored by the Seller and will be sent to the Client in writing including these Terms and Conditions and Client Information (for example via e-mail, fax or letter) after the Client has submitted his order. In addition, the contract’s content will be stored on the Seller’s website and can be found by the Client in the customer login via the password-protected customer account, provided the Client has created a customer account in the online shop prior to submitting his order.
2.6 The Client can correct all the data entered via the usual keyboard and mouse function prior to submitting his binding order. In addition, prior to submitting the order, all data entered will be displayed in a confirmation window and can be corrected here as well, via the usual keyboard and mouse function.
2.7 Order processing and contacting usually takes place via e-mail and automated order processing. It is the Client`s responsibility to ensure that the e-mail address he/she provides for the order processing is accurate so that e-mails sent by the Seller can be received at this address. Particularly, it is the Client`s responsibility, if SPAM filters are used, to ensure that all e- mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.
2.8 The contractual language is English.
3) Price and Delivery Costs
3.1 Prices indicated are total prices and include the statutory value-added tax. Any possible additional delivery and dispatch costs are specified separately in the respective product description.
3.2 Payment can be made using one of the methods mentioned in the Seller’s online shop.
3.3 If payment in advance has been agreed upon, payment shall be due immediately upon conclusion of the contract.
4) Shipment and delivery conditions
4.1 Goods are regularly delivered on dispatch route and to the delivery address indicated by the Client. When carrying out the transaction, the address for dispatch which had been indicated in the order process of the seller is decisive.
4.2 Should delivery to the Client not be possible, the assigned transport company returns the goods to the Seller and the Client bears the cost for the unsuccessful dispatch. This shall not apply if the Client effectively exercises his/her right of withdrawl, if the Client is not responsible for the event that entails the impossibility of delivery, or if he/she has been temporarily impeded to receive the ordered goods, unless the Seller has given notice to the Client in an adequate period of time prior to the delivery.
4.3 Should the Customer act as an Entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the Customer once the Seller has delivered the item to the forwarding agent, carrier or any other individual or institution charged with executing the shipment. Should the Customer act as a Consumer, the risk of accidental loss and accidental deterioration of the goods sold shall pass, in principle, only upon delivery of the goods to the Customer or to an individual authorised to receive the goods. Notwithstanding the above, the risk of accidental loss and accidental deterioration of the goods sold, even when these involve Consumers, shall immediately pass to the Customer once the Seller has delivered the item to the forwarding agent, carrier or any other individual or institution charged with executing the shipment if the Customer commissions the forwarding agent, carrier or other individual or institution charged with executing the shipment and the Seller has not designated this individual or institution to the Customer in advance.
4.4 Collection by the Client is not possible.
5) Liability for defects
5.1 The statutory liability for defects applies. Please be advised of the statutory warranty rights of consumers in accordance with the Consumer Protection Act [Ley General para la Defensa de los Consumidores y Usuarios].
5.2 For the consumer, the limitation period for claims based on defects in used goods is one year from delivery of the goods to the customer, subject to the restriction in the following provision.
5.3 The assertion of claims based on defect requires that the Consumer communicate the defect to the Seller no later than two months after discovering it.
5.4 The liability limitations and reductions of the limitation periods for claims specified above do not apply – for goods which have not been used according to their usual use for a building and which have caused the building to become defective,
• for loss resulting from injury to life, body or health arising from an intentional or negligent breach of duty by the seller or an intentional or negligent breach of duty by a legal representative or agent of the seller,
• for other loss arising from an intentional or grossly negligent breach of duty by the seller or an intentional or grossly negligent breach of duty by a legal representative or agent of the user, or
• in the event that the seller has fraudulently concealed the defect.
6) Law and Jurisdiction
6.1 If a Client acts as a consumer pursuant to Section 1.2, any contractual relationships between the parties are governed by the laws of the state in which the Client has its habitual place of residence excluding the UN-Convention on Contract for the International Sale of Goods and the courts of the State where the Client is domiciled will have exclusive jurisdiction over any dispute relating to these relationships.
6.2 If a Client acts as a trader pursuant to Section 1.2, any contractual relationships between the parties are governed by the laws of the state in which Customer has its registered business office excluding the UN-Convention on Contract for the International Sale of Goods and the courts of the State where the Seller is domiciled will have exclusive jurisdiction over any dispute relating to these relationships.
7) Information about online dispute resolution
The EU Commission provides on its website the following link to the ODR platform: http://ec.europa.eu/consumers/odr.
This platform shall be a point of entry for out-of-court resolutions of disputes arising from online sales and service contracts concluded between consumers and traders.