Terms of service
§ 1 Scope, applicable Law (1) These general terms and conditions apply to all orders placed with the online store of the KULSON GmbH Hektorstr. 14 10711 Berlin transact. (2) The range of goods in our online store is aimed exclusively at buyers who have reached the age of 18. (3) Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. The General Terms and Conditions shall therefore also apply to all future business relations with companies, even if they are not expressly agreed again. The inclusion of general terms and conditions of a customer that contradict our General Terms and Conditions is hereby already objected to. (4) The contract language is exclusively German. (5) You can retrieve and print the currently valid General Terms and Conditions on the website www.kulson.de. § 2 Conclusion of Contract (1) The presentation of goods in the online store does not represent a binding application for the conclusion of a purchase contract. Rather, it is a non-binding invitation to order goods in the online store. (2) By clicking the button [“Order now with obligation to pay” / “Buy”] you make a binding offer to purchase (§ 145 BGB). Immediately before submitting this order, you can check the order again and correct it if necessary. (3) After receipt of the purchase offer, you will receive an automatically generated e-mail with which we confirm that we have received your order (confirmation of receipt). This confirmation of receipt does not constitute an acceptance of your purchase offer. A contract is not yet concluded by the confirmation of receipt. (4) A purchase contract for the goods shall only be concluded when we expressly declare acceptance of the purchase offer (order confirmation) or when we ship the goods to you – without prior express declaration of acceptance. Exception: If you pay with PayPal, the acceptance of the order takes place immediately with your order. § 3 Prices The prices stated on the product pages include the statutory value added tax and other price components and do not include the respective shipping costs. Further information on shipping costs can be found on our website www.kulson.de. § 4 Terms of payment (1) The payment takes place alternatively: Invoice in advance, credit card, Paypal (2) The selection of the respective available payment methods is incumbent upon us. In particular, we reserve the right to offer you only selected payment methods for payment, for example, only prepayment to hedge our credit risk. (3) If you choose payment in advance, we will provide you with our bank details in the order confirmation. The invoice amount is to be transferred to our account within 10 days after receipt of the order confirmation. (4) When paying by credit card, the purchase price will be reserved on your credit card at the time of the order (authorization). The actual charge to your credit card account will occur at the time we ship the goods to you. (5) When paying with PayPal, you will be redirected to the website of the online provider PayPal during the ordering process. In order to pay the invoice amount via PayPal, you must be registered there or register first, legitimize with your access data and confirm the payment instruction to us. After submitting the order in the store, we request PayPal to initiate the payment transaction. You will receive further instructions during the ordering process. The payment transaction will be carried out automatically by PayPal immediately afterwards. (6) If you are in default with a payment, you are obligated to pay the statutory default interest in the amount of 5 percentage points above the base interest rate. You will be charged a reminder fee of EUR 2.50 for each reminder sent to you after the default has occurred, unless lower or higher damages are proven in individual cases. § 5 Offsetting/Right of Retention (1) You shall only have a right of set-off if your counterclaim has been legally established, is not disputed or acknowledged by us or is in a close synallagmatic relationship to our claim. (2) You may only exercise a right of retention if your counterclaim is based on the same contractual relationship. § 6 Delivery; Retention of Title (1) Unless otherwise agreed, the goods shall be delivered from our warehouse to the address specified by you. (2) Delivery shall only be made in quantities customary for households. Orders are possible to Germany. Orders to Austria, Belgium, Bulgaria, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Spain, Sweden, United Kingdom are also possible at increased shipping costs. (3) The goods remain our property until full payment of the purchase price. (4) By way of exception, we shall not be obliged to deliver the ordered goods if we have duly ordered the goods but have not received correct or timely delivery (congruent hedging transaction). The prerequisite is that we are not responsible for the lack of availability of the goods and that we have informed you of this circumstance without delay. In addition, we must not have assumed the risk of procuring the ordered goods. In the case of corresponding unavailability of the goods, we will immediately reimburse you for any payments already made. We do not assume the risk of having to procure ordered goods (procurement risk). This also applies to orders for goods that are only described in terms of their type and characteristics (generic goods). We are only obliged to deliver from our stock of goods and the goods ordered by us from our suppliers. (5) If you are an entrepreneur within the meaning of § 14 BGB (German Civil Code), the following shall apply in addition: We retain title to the goods until all claims arising from the current business relationship have been settled in full. Prior to the transfer of ownership of the goods subject to retention of title, pledging or transfer of ownership by way of security shall not be permissible. – You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount accruing to you from the resale. We accept the assignment, but you are authorized to collect the claims. Insofar as you do not properly meet your payment obligations, we reserve the right to collect claims ourselves. – If the reserved goods are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing. – We undertake to release the securities to which we are entitled upon request to the extent that the realizable value of our securities exceeds the claims to be secured by more than 10%. The selection of the securities to be released shall be incumbent upon us. § 7 Cancellation policy In the event that you are a consumer in the sense of § 13 BGB (German Civil Code), i.e. if you make the purchase for purposes which are predominantly neither commercial nor self-employed, you shall have a right of revocation in accordance with the following provisions. Right of withdrawal You have the right to revoke this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods. To exercise your right of withdrawal, you must send us Company: KULSON GmbH Address: Hektorstr. 14 10711 Berlin E-mail: firstname.lastname@example.org Tel.: +49 176 616 22 484 by means of a clear statement (e.g. by e-mail) about your decision to revoke this contract. For this purpose, you may use the enclosed sample revocation form, which, however, is not mandatory. To comply with the withdrawal period, it is sufficient that you send the notice of exercise of the right of withdrawal before the expiry of the withdrawal period. Consequences of the revocation If you revoke this contract, we shall reimburse you all payments we have received from you, within Germany also including delivery costs, without undue delay and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. Within Germany, we bear the direct costs of returning the goods. Outside Germany, such as from Austria, Switzerland or other EU and non-EU countries, the customer bears the cost of return shipping. We may withhold the refund until we have received the goods back. For the subsequent repayment, we will use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you. You must return or hand over the goods to us or to [if applicable, the name and address of a person authorized by you to receive the goods] without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the condition, properties and functioning of the goods. Sample cancellation form If you want to cancel the contract, please inform us briefly, informally, but in writing by email to email@example.com. We will then immediately take care of the further steps. This can be short and concise or, as in the case of, for example, in the following manner: To Company: KULSON GmbH Address: Hektorstr. 14 10711 Berlin E-mail: firstname.lastname@example.org I hereby revoke the contract concluded by me (*) for the purchase of the following goods (*): Ordered on (*) Name of the consumer(s): Address of consumer(s): Please avoid damage and contamination. If possible, please return the goods to us in the original packaging with all accessories and with all packaging components. If necessary, use a protective outer packaging. If you no longer have the original packaging, please provide adequate protection against transport damage with suitable packaging to avoid claims for damages due to inadequate packaging. End of the cancellation policy § 8 Damage in transit (1) If goods are delivered with obvious transport damage, please claim such defects immediately to the deliverer and contact us as soon as possible. § 9 Warranty (1) Unless otherwise expressly agreed, your warranty claims shall be governed by the statutory provisions of the law on sales (§§ 433 et seq. BGB). (2) If you are a consumer in the sense of § 13 BGB, the warranty period shall be as follows the period of liability for warranty claims for used goods is – deviating from the statutory provisions – one year. This (2) If you are a consumer within the meaning of Section 13 of the German Civil Code (BGB), the period of liability for warranty claims for used goods shall – notwithstanding the statutory provisions – be one year. This limitation shall not apply to claims for damages arising from injury to life, limb or health or from the breach of a material contractual obligation, the fulfillment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligation), or to claims for other damages arising from an intentional or grossly negligent breach of duty by the user or its vicarious agents. (3) In all other respects, the statutory provisions shall apply to the warranty, in particular the two-year limitation period pursuant to Section 438 (1) No. 3 of the German Civil Code (BGB). (4) If you are an entrepreneur within the meaning of § 14 BGB, the statutory provisions shall apply with the following modifications: – Only our own specifications and the manufacturer’s product description are binding for the quality of the goods, but not public promotions and statements and other advertising by the manufacturer. – You are obliged to inspect the goods immediately and with due care for deviations in quality and quantity and to notify us of any obvious defects within 7 days of receipt of the goods. Timely dispatch shall be sufficient to meet the deadline. This shall also apply to hidden defects discovered at a later date. In the event of a breach of the duty to inspect and notify defects, the assertion of warranty claims shall be excluded. – In the event of defects, we shall, at our discretion, provide warranty by repair or replacement (subsequent performance). In the event of subsequent improvement, we shall not be required to bear the increased costs incurred by transporting the goods to a location other than the place of performance, provided that such transport does not correspond to the intended use of the goods. – If the subsequent performance fails twice, you may, at your option, demand a reduction in price or withdraw from the contract. – The warranty period is one year from delivery of the goods. § 10 Liability (1) Unless otherwise stipulated below, our liability for damages shall be limited to grossly negligent and intentional conduct, irrespective of the type of breach of duty and including tortious acts. (2) In the event of a breach of material contractual obligations, we shall be liable for any negligence, but only up to the amount of the damage foreseeable at the time of conclusion of the contract according to the type of order. (3) All limitations and exclusions of liability shall not apply to claims arising from fraudulent conduct. Furthermore, they shall not apply to liability for characteristics guaranteed by us and to claims under the Product Liability Act, nor to claims for damages arising from injury to life, limb or health. (4) Insofar as our liability is excluded or limited, this shall also apply to our employees, workers, (legal or legitimate) representatives or vicarious agents. (5) If a claim for subsequent performance is asserted, we shall fulfill such claim exclusively by way of replacement delivery. § 11 Alternative Dispute Resolution The EU Commission has provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to initially resolve disputes in connection with your online order without the intervention of a court. The dispute resolution platform can be accessed via the external link http://ec.europa.eu/consumers/odr/. We will endeavor to settle any disagreements arising from our contract amicably. Beyond that, we are not obligated to participate in arbitration proceedings and unfortunately cannot offer you participation in such proceedings. § 12 Final Provisions (1) As far as permissible, the exclusive, also international, place of jurisdiction for legal actions against us is 10711 Berlin. We shall be at liberty to take legal action against the customer at any other place. (2) Assignment of claims against us by us shall only be permissible with our prior written consent. (3) Offsetting against claims by us shall only be permissible if their counterclaims have been legally established, are undisputed or have been acknowledged by us. Furthermore, they shall also be entitled to offset against our claims if they assert notices of defects or counterclaims from the same purchase contract. (4) They shall only have a right of retention if their counterclaim arises from the same purchase contract. (5) Legally relevant declarations and notifications to be made by you to us after conclusion of the contract (e.g. setting of deadlines, notifications of defects, declaration of withdrawal or reduction) must be made in writing to be effective. (6) Should individual provisions of the contract with the Purchaser, including these General Terms and Conditions, be or become invalid in whole or in part, or should a loophole become apparent, this shall not affect the validity of the remaining provisions. The ineffective contractual provision or the gap shall be replaced by a legally effective substitute provision which takes into account or comes as close as possible to the intention of the parties discernible from the contract and the General Terms and Conditions, the economic sense and the purpose of the omitted provision. (7) Amendments and supplements to these Terms and Conditions and/or the remaining contractual relationship must be made in writing; this shall also apply to any waiver of the written form requirement. (8) Contracts between us and you shall be governed exclusively by German law to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, “UN Sales Convention”). Mandatory provisions of the country in which you usually reside shall remain unaffected by the choice of law. (9) If you are a merchant, a legal entity under public law or a special fund under public law, our place of business shall be the place of jurisdiction for all disputes arising from or in connection with contracts between us and you.