GENERAL TERMS AND CONDITIONS WITH CUSTOMER INFORMATION
1. SCOPE
2. CONCLUSION OF CONTRACT
3. RIGHT OF WITHDRAWAL
4. PRICES AND PAYMENT TERMS
5. DELIVERY AND SHIPPING CONDITIONS
6. RETENTION OF TITLE
7. LIABILITY FOR DEFECTS (WARRANTY)
8. APPLICABLE LAW
9. ALTERNATIVE DISPUTE RESOLUTION
1) SCOPE
1.1 THESE GENERAL TERMS AND CONDITIONS (HEREINAFTER REFERRED TO AS "GTC") OF "LOUIS KUIPER", TRADING UNDER "LOUIS KUIPER - CALABAS" (HEREINAFTER REFERRED TO AS "SELLER"), APPLY TO ALL CONTRACTS CONCLUDED BY A CONSUMER OR ENTREPRENEUR (HEREINAFTER REFERRED TO AS "CUSTOMER") WITH THE SELLER REGARDING THE GOODS OFFERED BY THE SELLER IN HIS ONLINE SHOP. THE INCLUSION OF THE CUSTOMER'S OWN TERMS AND CONDITIONS IS HEREBY REJECTED, UNLESS OTHERWISE AGREED.
1.2 A CONSUMER IS ANY NATURAL PERSON WHO ENTERS INTO A LEGAL TRANSACTION FOR PURPOSES THAT ARE PREDOMINANTLY NEITHER COMMERCIAL NOR SELF-EMPLOYED.
1.3 AN ENTREPRENEUR IS A NATURAL OR LEGAL PERSON OR A PARTNERSHIP WITH LEGAL CAPACITY WHO, WHEN ENTERING INTO A LEGAL TRANSACTION, ACTS IN THE EXERCISE OF THEIR COMMERCIAL OR SELF-EMPLOYED PROFESSIONAL ACTIVITY.
2) CONCLUSION OF CONTRACT
2.1 THE PRODUCT DESCRIPTIONS CONTAINED IN THE SELLER’S ONLINE SHOP DO NOT CONSTITUTE BINDING OFFERS BY THE SELLER BUT ARE INTENDED FOR THE CUSTOMER TO SUBMIT A BINDING OFFER.
2.2 THE CUSTOMER CAN SUBMIT THE OFFER VIA THE ONLINE ORDER FORM INTEGRATED INTO THE SELLER'S ONLINE SHOP. IN DOING SO, AFTER PLACING THE SELECTED GOODS IN THE VIRTUAL SHOPPING CART AND COMPLETING THE ELECTRONIC ORDERING PROCESS, THE CUSTOMER SUBMITS A LEGALLY BINDING CONTRACT OFFER FOR THE GOODS IN THE SHOPPING CART BY CLICKING THE BUTTON THAT CONCLUDES THE ORDER PROCESS.
2.3 THE SELLER MAY ACCEPT THE CUSTOMER’S OFFER WITHIN FIVE DAYS,
- BY SENDING THE CUSTOMER A WRITTEN ORDER CONFIRMATION OR AN ORDER CONFIRMATION IN TEXT FORM (FAX OR E-MAIL), WHEREBY RECEIPT OF THE ORDER CONFIRMATION BY THE CUSTOMER IS DECISIVE, OR
- BY DELIVERING THE ORDERED GOODS TO THE CUSTOMER, WHEREBY RECEIPT OF THE GOODS BY THE CUSTOMER IS DECISIVE, OR
- BY REQUESTING PAYMENT FROM THE CUSTOMER AFTER PLACING THEIR ORDER.
IF SEVERAL OF THE ABOVE ALTERNATIVES OCCUR, THE CONTRACT IS CONCLUDED AT THE TIME WHEN ONE OF THE ABOVE ALTERNATIVES OCCURS FIRST. THE PERIOD FOR ACCEPTANCE OF THE OFFER BEGINS ON THE DAY AFTER THE CUSTOMER SENDS THE OFFER AND ENDS AT THE END OF THE FIFTH DAY FOLLOWING THE SENDING OF THE OFFER. IF THE SELLER DOES NOT ACCEPT THE CUSTOMER’S OFFER WITHIN THE AFOREMENTIONED PERIOD, THIS SHALL BE DEEMED A REJECTION OF THE OFFER, WITH THE RESULT THAT THE CUSTOMER IS NO LONGER BOUND BY THEIR DECLARATION OF INTENT.
2.4 WHEN SELECTING THE PAYMENT METHOD “PAYPAL EXPRESS”, PAYMENT PROCESSING IS CARRIED OUT VIA THE PAYMENT SERVICE PROVIDER PAYPAL (EUROPE) S.À R.L. ET CIE, S.C.A., 22-24 BOULEVARD ROYAL, L-2449 LUXEMBOURG (HEREINAFTER: “PAYPAL”), SUBJECT TO THE PAYPAL TERMS OF USE, AVAILABLE AT HTTPS://WWW.PAYPAL.COM/DE/WEBAPPS/MPP/UA/USERAGREEMENT-FULL OR – IF THE CUSTOMER DOES NOT HAVE A PAYPAL ACCOUNT – SUBJECT TO THE TERMS FOR PAYMENTS WITHOUT A PAYPAL ACCOUNT, AVAILABLE AT HTTPS://WWW.PAYPAL.COM/DE/WEBAPPS/MPP/UA/PRIVACYWAX-FULL. IF THE CUSTOMER SELECTS “PAYPAL EXPRESS” DURING THE ONLINE ORDERING PROCESS, THEY ALSO ISSUE A PAYMENT ORDER TO PAYPAL BY CLICKING THE BUTTON THAT CONCLUDES THE ORDER PROCESS. IN THIS CASE, THE SELLER DECLARES ACCEPTANCE OF THE CUSTOMER’S OFFER AT THE MOMENT THE CUSTOMER TRIGGERS THE PAYMENT PROCESS BY CLICKING THE BUTTON THAT CONCLUDES THE ORDER PROCESS.
2.5 WHEN SUBMITTING AN OFFER VIA THE SELLER’S ONLINE ORDER FORM, THE CONTRACT TEXT WILL BE STORED BY THE SELLER AFTER CONCLUSION OF THE CONTRACT AND SENT TO THE CUSTOMER IN TEXT FORM (E.G., E-MAIL, FAX OR LETTER) AFTER SENDING THEIR ORDER. THE SELLER WILL NOT PROVIDE ANY FURTHER ACCESS TO THE CONTRACT TEXT. IF THE CUSTOMER HAS CREATED A USER ACCOUNT IN THE SELLER'S ONLINE SHOP BEFORE SENDING THEIR ORDER, THE ORDER DATA WILL BE ARCHIVED ON THE SELLER’S WEBSITE AND CAN BE ACCESSED FREE OF CHARGE BY THE CUSTOMER VIA THEIR PASSWORD-PROTECTED USER ACCOUNT, PROVIDED THE RELEVANT LOGIN DATA IS PROVIDED.
2.6 BEFORE SUBMITTING THE BINDING ORDER VIA THE SELLER'S ONLINE ORDER FORM, THE CUSTOMER CAN IDENTIFY POSSIBLE INPUT ERRORS BY CAREFULLY READING THE INFORMATION DISPLAYED ON THE SCREEN. A USEFUL TECHNICAL MEANS FOR BETTER DETECTION OF INPUT ERRORS MAY BE THE ENLARGEMENT FUNCTION OF THE BROWSER, WHICH ENLARGES THE DISPLAY ON THE SCREEN. THE CUSTOMER CAN CORRECT THEIR ENTRIES USING THE USUAL KEYBOARD AND MOUSE FUNCTIONS UNTIL THEY CLICK THE BUTTON THAT CONCLUDES THE ORDER PROCESS.
2.7 ONLY THE GERMAN LANGUAGE IS AVAILABLE FOR CONCLUDING THE CONTRACT.
2.8 ORDER PROCESSING AND CONTACT ARE USUALLY CARRIED OUT BY E-MAIL AND AUTOMATED ORDER PROCESSING. THE CUSTOMER MUST ENSURE THAT THE E-MAIL ADDRESS PROVIDED FOR ORDER PROCESSING IS CORRECT SO THAT E-MAILS SENT BY THE SELLER CAN BE RECEIVED AT THIS ADDRESS. IN PARTICULAR, WHEN USING SPAM FILTERS, THE CUSTOMER MUST ENSURE THAT ALL E-MAILS SENT BY THE SELLER OR BY THIRD PARTIES COMMISSIONED BY THE SELLER TO PROCESS THE ORDER CAN BE DELIVERED.
3) RIGHT OF WITHDRAWAL
3.1 CONSUMERS ARE GENERALLY ENTITLED TO A RIGHT OF WITHDRAWAL.
3.2 FURTHER INFORMATION ON THE RIGHT OF WITHDRAWAL CAN BE FOUND IN THE SELLER’S CANCELLATION POLICY.
4) PRICES AND PAYMENT TERMS
4.1 UNLESS OTHERWISE STATED IN THE SELLER’S PRODUCT DESCRIPTION, THE PRICES INDICATED ARE TOTAL PRICES INCLUDING THE STATUTORY VALUE-ADDED TAX. ANY ADDITIONAL DELIVERY AND SHIPPING COSTS THAT MAY APPLY WILL BE STATED SEPARATELY IN THE RESPECTIVE PRODUCT DESCRIPTION.
4.2 FOR DELIVERIES TO COUNTRIES OUTSIDE THE EUROPEAN UNION, ADDITIONAL COSTS MAY BE INCURRED IN INDIVIDUAL CASES, WHICH ARE NOT THE RESPONSIBILITY OF THE SELLER AND MUST BE BORNE BY THE CUSTOMER. THESE INCLUDE, FOR EXAMPLE, COSTS FOR MONEY TRANSFERS BY CREDIT INSTITUTIONS (E.G., TRANSFER FEES, EXCHANGE RATE FEES) OR IMPORT DUTIES AND TAXES (E.G., CUSTOMS DUTIES). SUCH COSTS MAY ALSO BE INCURRED WITH REGARD TO MONEY TRANSFER IF THE DELIVERY IS NOT MADE TO A COUNTRY OUTSIDE THE EUROPEAN UNION BUT THE CUSTOMER MAKES THE PAYMENT FROM A COUNTRY OUTSIDE THE EUROPEAN UNION.
4.3 THE PAYMENT OPTIONS WILL BE COMMUNICATED TO THE CUSTOMER IN THE SELLER’S ONLINE SHOP.
4.4 WHEN PAYING VIA A PAYMENT METHOD OFFERED BY PAYPAL, PAYMENT PROCESSING IS CARRIED OUT VIA THE PAYMENT SERVICE PROVIDER PAYPAL (EUROPE) S.À R.L. ET CIE, S.C.A., 22-24 BOULEVARD ROYAL, L-2449 LUXEMBOURG (HEREINAFTER: "PAYPAL"), SUBJECT TO THE PAYPAL TERMS OF USE, AVAILABLE AT HTTPS://WWW.PAYPAL.COM/DE/WEBAPPS/MPP/UA/USERAGREEMENT-FULL OR – IF THE CUSTOMER DOES NOT HAVE A PAYPAL ACCOUNT – SUBJECT TO THE TERMS FOR PAYMENTS WITHOUT A PAYPAL ACCOUNT, AVAILABLE AT HTTPS://WWW.PAYPAL.COM/DE/WEBAPPS/MPP/UA/PRIVACYWAX-FULL.
5) DELIVERY AND SHIPPING CONDITIONS
5.1 THE DELIVERY OF GOODS IS MADE BY SHIPMENT TO THE DELIVERY ADDRESS SPECIFIED BY THE CUSTOMER, UNLESS OTHERWISE AGREED. FOR THE PROCESSING OF THE TRANSACTION, THE DELIVERY ADDRESS SPECIFIED IN THE SELLER’S ORDER PROCESSING IS DECISIVE.
5.2 IF THE TRANSPORT COMPANY RETURNS THE SHIPPED GOODS TO THE SELLER BECAUSE DELIVERY TO THE CUSTOMER WAS NOT POSSIBLE, THE CUSTOMER SHALL BEAR THE COSTS FOR THE UNSUCCESSFUL SHIPMENT. THIS DOES NOT APPLY IF THE CUSTOMER IS NOT RESPONSIBLE FOR THE CIRCUMSTANCE THAT LED TO THE IMPOSSIBILITY OF DELIVERY OR IF THE CUSTOMER WAS TEMPORARILY PREVENTED FROM ACCEPTING THE SERVICE OFFERED, UNLESS THE SELLER HAD ANNOUNCED THE SERVICE A REASONABLE TIME IN ADVANCE. FURTHERMORE, THIS SHALL NOT APPLY WITH REGARD TO THE COSTS FOR OUTBOUND SHIPMENT IF THE CUSTOMER EFFECTIVELY EXERCISES THEIR RIGHT OF WITHDRAWAL. WITH REGARD TO THE COSTS OF RETURN SHIPMENT, THE REGULATION SET OUT IN THE SELLER’S CANCELLATION POLICY SHALL APPLY IN THE EVENT OF AN EFFECTIVE EXERCISE OF THE RIGHT OF WITHDRAWAL BY THE CUSTOMER.
5.3 COLLECTION BY THE CUSTOMER IS NOT POSSIBLE FOR LOGISTICAL REASONS.
6) RETENTION OF TITLE
IF THE SELLER PROVIDES GOODS IN ADVANCE, HE RETAINS OWNERSHIP OF THE DELIVERED GOODS UNTIL FULL PAYMENT OF THE PURCHASE PRICE OWED HAS BEEN MADE.
7) LIABILITY FOR DEFECTS (WARRANTY)
7.1 IF THE PURCHASED ITEM IS DEFECTIVE, THE PROVISIONS OF STATUTORY LIABILITY FOR DEFECTS SHALL APPLY.
7.2 DEVIATING FROM THIS, THE FOLLOWING SHALL APPLY TO USED GOODS: CLAIMS FOR DEFECTS ARE EXCLUDED IF THE DEFECT ONLY OCCURS AFTER THE EXPIRATION OF 6 MONTHS FROM DELIVERY OF THE GOODS. DEFECTS THAT OCCUR WITHIN 6 MONTHS FROM DELIVERY OF THE GOODS CAN BE ASSERTED WITHIN THE STATUTORY LIMITATION PERIOD. THE REDUCTION OF THE LIABILITY PERIOD TO 6 MONTHS DOES NOT APPLY
- TO ITEMS THAT HAVE BEEN USED FOR A BUILDING IN ACCORDANCE WITH THEIR NORMAL USE AND HAVE CAUSED ITS DEFECTIVENESS,
- TO CLAIMS FOR DAMAGES AND REIMBURSEMENT OF EXPENSES BY THE CUSTOMER, AND
- IN THE EVENT THAT THE SELLER HAS FRAUDULENTLY CONCEALED THE DEFECT.
7.3 THE CUSTOMER IS REQUESTED TO COMPLAIN ABOUT GOODS DELIVERED WITH OBVIOUS TRANSPORT DAMAGE TO THE DELIVERER AND TO INFORM THE SELLER OF THIS. FAILURE TO DO SO SHALL HAVE NO EFFECT ON THE CUSTOMER’S STATUTORY OR CONTRACTUAL CLAIMS FOR DEFECTS.
8) APPLICABLE LAW
ALL LEGAL RELATIONSHIPS BETWEEN THE PARTIES SHALL BE GOVERNED BY THE LAW OF THE FEDERAL REPUBLIC OF GERMANY, TO THE EXCLUSION OF THE LAWS ON THE INTERNATIONAL SALE OF GOODS. FOR CONSUMERS, THIS CHOICE OF LAW ONLY APPLIES TO THE EXTENT THAT THE PROTECTION AFFORDED IS NOT WITHDRAWN BY MANDATORY PROVISIONS OF THE LAW OF THE COUNTRY IN WHICH THE CONSUMER HAS THEIR HABITUAL RESIDENCE.
9) ALTERNATIVE DISPUTE RESOLUTION
9.1 THE EU COMMISSION PROVIDES A PLATFORM FOR ONLINE DISPUTE RESOLUTION ON THE INTERNET AT THE FOLLOWING LINK: HTTPS://EC.EUROPA.EU/CONSUMERS/ODR
THIS PLATFORM SERVES AS A POINT OF CONTACT FOR THE OUT-OF-COURT SETTLEMENT OF DISPUTES ARISING FROM ONLINE PURCHASE OR SERVICE CONTRACTS IN WHICH A CONSUMER IS INVOLVED.
9.2 THE SELLER IS NEITHER OBLIGED NOR WILLING TO PARTICIPATE IN A DISPUTE RESOLUTION PROCEDURE BEFORE A CONSUMER ARBITRATION BOARD.