General Terms and Conditions
Table of Contents
1. Scope of Application
2. Conclusion of the Contract
3. Right to cancel
4. Price and Delivery Costs
5. Shipment and delivery conditions
6. Reservation of title
7. Liability for defects
8. Law and Jurisdiction
9. 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 a trader (hereinafter referred to as "Client”) and the Seller relating to all goods 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 within the meaning of these General Terms and Conditions is any natural person entering into a legal transaction for purposes that are not primarily attributable to such person’s commercial or independent professional activities. A merchant within the meaning of these General Terms and Conditions is a natural or legal person or private company having legal capacity and concluding a contract in the course of its commercial or independent professional activities.
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 placed the selected goods and/or services in the virtual basket and passed through the ordering process, 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. Furthermore the client may submit the offer to the seller by telephone, fax, email or per post.
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 fifth day following the sending of the offer.
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 The contractual language is English.
3) Right to cancel
3.1 Consumers are entitled to the right of cancellation.
3.2 Detailed informations about the right of cancellation are provided in the Seller’s instruction on cancellation.
4) Price and Delivery Costs
4.1 Unless otherwise stated in the product descriptions, 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.
4.2 Payment can be made using one of the methods mentioned in the Seller’s online shop.
4.3 If payment in advance has been agreed upon, payment shall be due immediately upon conclusion of the contract.
4.4 If PayPal is selected as a means of payment, processing of the payment is performed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, and the PayPal terms of service shall apply; these may be found at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. This requires that Customer open a PayPal account, or already have access to such an account.
5) Shipment and delivery conditions
5.1 Goods are generally delivered on dispatch route and to the delivery address indicated by the Client, unless otherwise agreed. In fulfilling the order, the delivery address stated in Seller’s order processing system shall be used.
5.2 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 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.
5.3 Collection by the Client is not possible for logistical reasons.
6) Reservation of title
In cases in which the Seller makes delivery before payment the title to the Goods shall remain vested in the Seller and shall not pass to the Client until the purchase price for the Goods has been paid in full and received by the Seller.
7) Liability for defects
The statutory provisions governing liability for defects shall apply.
8) Law and Jurisdiction
8.1 If Customer acts as a consumer within the meaning of Subsection 1.2, all legal relations between the Parties shall be governed by the laws of the state in which Customer has its habitual place of residence. The provisions of the United Nations Convention on the International Sale of Goods shall not apply. The sole place of jurisdiction for all disputes arising under this agreement shall be the location of Customer’s domicile.
8.2 If Customer acts as a merchant within the meaning of Subsection 1.2, all legal relations between the Parties shall be governed by the laws of the state in which Customer has its registered business office. The provisions of the United Nations Convention on the International Sale of Goods shall not apply. The sole place of jurisdiction for all disputes arising under this agreement shall be the location of Seller’s registered business office.
9) 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.