General Terms and Conditions

for the online shop at the URL

www.kieffer.net

operated by

Georg Kieffer GmbH
Am Moosfeld 3
81829 Munich
Germany

Email: contact@kieffer.net
Telephone: +49 (0)89 94006 6

– hereinafter referred to as “Provider” –

1. Scope of Application

These General Terms and Conditions (GTC) shall apply, upon their inclusion, to all contracts concluded for the purchase of goods, services or other items (hereinafter “Goods”) via the online shop at the above-mentioned URL, in the version valid at the time the contract is concluded. These GTC shall apply exclusively. Deviating terms and conditions of the customer shall not become part of the contract unless the Provider expressly agrees to them.

2. Conclusion of Contract

2.1 The offers in the online shop constitute a non-binding invitation by the Provider to visitors of the online shop to submit an offer to purchase the Goods offered in the shop.

2.2 The Goods are ordered via the Provider’s online order form. After selecting the desired Goods, entering all required information and completing all mandatory steps in the ordering process, the selected Goods can be ordered by clicking the order button at the end of the checkout page (“Order”). By placing the Order, the customer submits a binding offer to conclude a contract for the selected Goods.

The contract is concluded when the Provider accepts the customer’s offer. Acceptance takes place when the Provider confirms the conclusion of the contract in written or text form (e.g. by email) (order confirmation) and this confirmation is received by the customer, or when the Provider delivers the ordered Goods and these are received by the customer, or when the Provider requests payment from the customer (e.g. by invoice or credit card charge during the ordering process) and the payment request is received by the customer. The relevant time for the conclusion of the contract is the time at which one of the aforementioned alternatives first occurs.

2.3 Before submitting a binding Order via the Provider’s online order form, the customer may review their entries and correct them at any time using the usual keyboard, mouse, touch or other available input functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the Order and can also be corrected there using the usual input functions.

2.4 The Provider will store the contract text after the contract has been concluded and will transmit it to the customer in text form (e.g. by email). The Provider will not make the contract text available beyond this. If the purchase was made via a customer account in the online shop, the customer can view their orders and the related order data there.

2.5 The following languages are available for the conclusion of the contract: German, English.

3. Right of Withdrawal for Consumers

Consumers generally have a right of withdrawal for contracts concluded off-premises and for distance contracts. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their independent professional activity.

Details are set out in the withdrawal policy, which is made available to every consumer at the latest immediately before the conclusion of the contract.

4. Payment, Default

4.1 The prices listed in the online shop at the time of the Order shall apply. All prices include statutory VAT and any shipping costs indicated. The available payment methods are displayed in the Provider’s online shop.

4.2 If “prepayment” is agreed, the purchase price is due immediately upon conclusion of the contract.

4.3 If payment by credit or debit card is agreed, the purchase price is due immediately upon conclusion of the contract.

4.4 If payment via “PayPal” is agreed, the purchase price is due immediately upon conclusion of the contract. Payment processing is carried out by PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg.

4.5 If “Klarna” is selected as the payment method, payment processing is carried out by Klarna AB, Sveavägen 46, 111 34 Stockholm, Sweden. Klarna offers various payment methods (e.g. installment purchase, purchase on account). Unless otherwise stated, payment is due immediately upon conclusion of the contract.

5. Retention of Title

The purchased Goods shall remain the property of the Provider until the purchase price has been paid in full.

6. Delivery and Self-Supply Reservation

6.1 Unless otherwise agreed, delivery shall be made within the delivery time stated in the online shop to the delivery address specified by the customer. The applicable delivery times can be found in the online shop.

6.2 Collection of the purchased Goods by the customer is excluded.

6.3 If the Provider is unable to deliver the ordered Goods because, through no fault of its own, it has not been supplied by its own supplier despite having concluded a congruent hedging transaction in good time with a reliable supplier, the Provider shall be released from its obligation to perform and may withdraw from the contract. The Provider shall inform the customer immediately of the impossibility of performance. Any consideration already provided by the contractual partner shall be reimbursed without delay. Mandatory consumer rights remain unaffected.

7. Warranty

The statutory provisions on liability for defects shall apply.

8. Liability and Indemnification

8.1 The Provider shall have unlimited liability:

for damages resulting from injury to life, body or health caused by an intentional or negligent breach of duty by the Provider or by an intentional or negligent breach of duty by a legal representative or vicarious agent of the Provider;
for damages caused by an intentional or grossly negligent breach of duty by the Provider or by an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the Provider;
on the basis of a guarantee promise, unless otherwise regulated in this respect;
due to mandatory liability (e.g. under the Product Liability Act).

8.2 If the Provider negligently breaches a material contractual obligation, its liability shall be limited to the typical, foreseeable damage, unless unlimited liability applies pursuant to the above paragraph. Material contractual obligations are obligations which the contract imposes on the Provider according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the customer may regularly rely.

8.3 Otherwise, liability of the Provider as well as liability of its vicarious agents and legal representatives shall be excluded.

8.4 The customer shall indemnify the Provider against all third-party claims – including the statutory costs of legal defense – asserted against the Provider due to unlawful or contractual breaches by the customer.

9. Data Protection

The Provider shall treat customers’ personal data confidentially and in accordance with the applicable statutory data protection provisions. Further details can be found in the Provider’s privacy policy.

10. Final Provisions

10.1 The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG), unless this choice of law results in a consumer with habitual residence in the EU being deprived of mandatory provisions of the law of their country of residence.

10.2 If the customer is a merchant, a legal entity under public law or a special fund under public law, the court at the Provider’s registered office shall have jurisdiction, unless an exclusive place of jurisdiction is established for the dispute. This shall also apply if the customer does not have a residence within the European Union. The registered office of our company can be found in the heading of these GTC.

10.3 Should any provision of this contract be or become invalid or unenforceable, the remaining provisions shall remain unaffected.

11. Information on Online Dispute Resolution / Consumer Arbitration

The Provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

Our email address can be found in the heading area of these GTC.