General Terms and Conditions
1) Scope of Application
1.1 These General Terms and Conditions of Business from “Kapps GmbH” (hereinafter referred to as “Vendor”) shall apply for all contracts concluded between a consumer or entrepreneur (hereinafter referred to as “Customer”) and the vendor with regard to goods and/or services presented in the online shop of the vendor. The inclusion of the conditions of the customer is hereby objected, unless agreed upon otherwise.
1.2 A consumer within the meaning of these General Terms and Conditions (GTC) is any natural person, who enters into a legal transaction for purposes that are outside his trade, business, craft or profession. An entrepreneur within the meaning of these GTC is any natural or legal person, regardless of whether the latter is public or private, which, when entering into a legal transaction, becomes active itself or by another person that acts in its name or on its behalf, for purposes that can be attributed to its trade, business, craft or profession.
2) Conclusion of the Contract
2.1 The product descriptions displayed in the online shop of the vendor do not represent binding offers of the vendor but serve the purpose of the submission of a contractually binding offer by the customer.
2.2 The customer can submit the offer via the online order form that is part of the vendor’s online shop. The customer hereby submits a legally binding contract offer in terms of the goods and/or services in the shopping cart after having put the selected goods and/or services into the virtual shopping cart and passed through the electronic order process by clicking on the button to conclude the ordering process.
2.3 The vendor can accept the offer of the customer within five days,
- by sending a written order confirmation or an order confirmation as written text (fax or e-mail) to the customer, in which the receipt of the confirmation at the customer’s is relevant, or
- by delivering the ordered goods to the customer, in which the receipt of the goods at the customer’s is relevant, or
- by asking the customer to pay after having placed the order.
If there are more of the aforementioned alternatives, the contract shall be concluded at the moment when one of the aforementioned alternatives takes effect first. If the vendor does not accept the offer of the customer within the aforementioned term, this shall be treated as having rejected the offer with the result that the customer shall not be bound to his/her declaration of intent.
2.4 When submitting an offer via the vendor’s online order form, the wording of the contract shall be saved by the vendor and sent to the customer after the sending of his/her order together with the present General Terms and Conditions of Business in written form (e.g. e-mail, fax or letter). Additionally, the wording of the contract shall be archived on the web page of the vendor and can be called up free of charge by the customer by using the password protected customer account and entering the respective login data, provided that the customer had set up a customer account in the vendor’s online shop before sending the order.
2.5 Before sending the order via the vendor’s online order form, the customer can correct his/her entries continuously by means of the keyboard and mouse. Moreover, all entries shall be displayed in a confirmation screen and can be corrected by using the keyboard and mouse before submitting the binding order.
2.6 The conclusion of the contract shall be effected in English only.
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.
3) Right of revocation
In principle, consumers have the right of revocation.
Further information about the right of revocation shall be provided in the revocation information of the vendor.
4) Prices and Terms of Payment
4.1 Unless otherwise stated in the product description of the seller, the indicated prices are total prices, which include the statutory value-added tax. Possible additional delivery and forwarding costs are indicated in each respective product description.
4.2 The customer shall be able to choose between different payment methods that are indicated in the vendor’s online shop.
4.3 If the payment method cash in advance is agreed, the payment shall be due directly after the conclusion of the contract.
5) Terms of Delivery and Shipment
5.1 If the forwarding agent returns the goods to the vendor because a delivery to the customer was not possible, the customer shall bear the costs for the ineffective shipment. This does not apply if the customer effectively exercises his/her right of withdrawl, if the customer is not responsible for the reason of the impossibility of the delivery or if it was temporarily not possible for him/her to accept the offered delivery, unless the vendor has announced the delivery in advance in due time.
5.2 Collection by the customer is not possible for logistic reasons.
6) Liability for Defects
The legal liability for defects shall apply.
7) Applicable law, Jurisdiction
7.1 If the customer acts as customer as defined in section 1.2, any contractual relationships between the parties are governed by the law of the country where the customer has his habitual residence, excluding the UN-Convention on Contract for the International Sale of Goods and the courts of the State where the customer is domiciled will have exclusive jurisdiction over any dispute relating to these relationships.
7.2 If the customer acts as entrepreneur as defined in section 1.2, any contractual relationships between the parties is governed by the law of the country where the Seller has his place of business, excluding the UN-Convention on Contract for the International Sale of Goods and the courts of the State where the Seller has his place of business will have exclusive jurisdiction over any dispute relating to these relationships.
8) Alternative Dispute Resolution
8.1 The EU Commission makes available on the Internet a platform for the online settlement of disputes via the following link: http://ec.europa.eu/consumers/odr. This platform serves as point of contact for the out-of-court settlement of disputes arising from online purchasing or service contracts, in which a consumer is involved.
8.2 The trader is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.