TERMS AND CONDITIONS KLIMEK

updated in September 2020

Terms and Conditions with customer information

Table of Contents

1. Scope
2. Conclusion of contract
3. Right of withdrawal
4. Prices and terms of payment
5. Delivery and shipping conditions
6. Retention of title
7. Liability for defects (warranty)
8. Redemption of action vouchers
9. Redemption of gift certificates
10. Applicable law
11. Alternative Dispute Resolution

1) Scope
1.1 These General Terms and Conditions of Stephan Klimek, hereinafter referred to as the “Seller”, apply to all contracts concerning the delivery of goods by a consumer or an entrepreneur (hereinafter “Customer”) to the Seller with regard to the goods presented by the seller in his online shop. Hereby the inclusion of own conditions of the customer is contradicted, unless it is agreed otherwise.
1.2 For contracts for the delivery of vouchers, these terms and conditions apply accordingly, unless otherwise stipulated otherwise.
1.3 Consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity can be attributed. Entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership, which acts in the execution of a legal transaction in the exercise of their commercial or independent professional activity.

2) Conclusion of the contract
2.1 The product descriptions contained in the seller’s online shop do not constitute binding offers by the seller, but serve to make a binding offer by the customer.
2.2 The customer may submit the offer via the online order form integrated in the online shop of the seller. In this case, after the customer has placed the selected goods in the virtual shopping cart and has gone through the electronic ordering process, by clicking on the button concluding the ordering process, the customer submits a legally binding contract offer in relation to the goods contained in the shopping cart.
2.3 The seller can accept the offer of the customer within five days,
– by providing the customer with a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation at the customer is authoritative, or
– by delivering the ordered goods to the customer, in which case the access of the goods to the customer is decisive, or
– by asking the customer for payment after submitting his order.
If more than one of the alternatives mentioned above, the contract comes into effect at the time when one of the aforementioned alternatives occurs first. The deadline for the acceptance of the offer begins on the day after the submission of the offer by the customer to run and ends with the expiry of the fifth day, which follows the dispatch of the offer. If the seller does not accept the offer of the customer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.
2.4 If the payment method “PayPal Express” is selected, the payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter “PayPal”), under the terms of the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full or – if the customer does not have a PayPal account – under the conditions of payments without a PayPal account, available at https://www.paypal.com/en/webapps/mpp/ua/privacywax-full. If the customer selects “PayPal Express” as a payment method in the online order process, he also issues a payment order to PayPal by clicking on the button that concludes the order process. For this case, the seller already declares the acceptance of the offer of the customer at the time in which the customer triggers the payment process by clicking the button concluding the order process.
2.5 When submitting an offer via the online order form of the seller, the contract text will be stored by the seller and sent to the customer after sending his order in addition to the present terms and conditions in writing (eg e-mail, fax or letter). In addition, the text of the contract is archived on the seller’s website and can be called up by the customer via his password-protected customer account with the corresponding login data, provided that the customer has created a customer account in the seller’s online shop before sending his order.
2.6 Prior to the binding submission of the order via the seller’s online order form, the customer can detect possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can thereby be the enlargement function of the browser, with the help of which the display on the screen is enlarged. As part of the electronic ordering process, the customer can correct his input via the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.
2.7 The contract is concluded in German and English.
2.8 The order processing and contact usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for processing the order is correct, so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned with the order processing can be delivered.

3) Right of withdrawal
3.1 Consumers are in principle entitled to a right of withdrawal.
3.2 Further information on the right of revocation results from the revocation instruction of the seller.
3.3 The right of withdrawal does not apply to consumers who, at the time of the conclusion of the contract, do not belong to any Member State of the European Union and whose sole domicile and delivery address are outside the European Union at the time of the conclusion of the contract.

4) Prices and terms of payment
4.1 Unless otherwise stated in the seller’s product description, the prices quoted are total prices that include statutory value added tax. If necessary, additional delivery and shipping costs are specified 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 the seller is not responsible for and which are to be borne by the customer. These include, for example, costs of transferring money by credit institutions (for example, transfer fees, exchange rate charges) or import duties or taxes (for example, customs duties). Such costs may be incurred in relation to the transfer of funds even 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 option (s) will be communicated to the customer in the online shop of the seller.
4.4 If payment is made using a payment method offered by PayPal, payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter “PayPal”), under the terms of the PayPal Terms of Use, available at https://www.paypal.com/webapps/mpp/ua / useragreement-full or – if the customer does not have a PayPal account – under the conditions of payments without a PayPal account, available at https://www.paypal.com/en/webapps/mpp/ua/privacywax- full.
4.5 If the payment method “IMMEDIATELY” is selected, the payment is processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter “IMMEDIATE”). In order to be able to pay the invoice amount “IMMEDIATELY”, the customer must have a PIN / TAN online banking account enabled to participate in “IMMEDIATE”, legitimize himself during the payment process and have the payment order vis-à-vis “IMMEDIATE”. to confirm. The payment transaction will be carried out immediately after “IMMEDIATE” and the customer’s bank account will be charged. Further information about the “IMMEDIATE” payment method can be found on the internet at https://www.klarna.com/sofort/.
4.6 When selecting the payment method credit card, the invoice amount is due immediately upon conclusion of the contract. The processing of the payment method credit card payment takes place in cooperation with secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.ag) to which the provider assigns his claim for payment. Secupay AG collects the invoice amount from the customer’s credit card account. In the case of assignment, only secupay AG can be made debt-discharging. The credit card will be charged immediately after sending the customer order in the online shop. The provider remains responsible for general customer inquiries even when selecting the payment method credit card payment via secupay AG. to the goods, delivery time, dispatch, returns, complaints, revocation declarations and -sendings or credits.

5) Delivery and shipping conditions
5.1 The delivery of goods shall be made on the way to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the order processing of the seller is decisive.
5.2 If the transport company sends the goods back to the seller, because a delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipping. This does not apply if the customer is not responsible for the circumstance leading to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller has informed him of the service a reasonable time in advance would have. Furthermore, this does not apply with regard to the cost of the consignment, if the customer exercises his right of withdrawal effectively. For the return costs applies in case of effective exercise of the right of withdrawal by the customer to the provision made in the cancellation policy of the seller.
5.3 Pickup is not possible for logistical reasons.
5.4 Vouchers will be given to the customer as follows:
– by email
– by post

6) Retention of title
If the seller steps in advance, he reserves the ownership of the delivered goods until full payment of the purchase price owed.

7) Liability for defects (warranty)
7.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply.
7.2 Deviating from this, the limitation period for claims for defects in used goods is one year from delivery of the goods to the customer. However, the shortening of the limitation period to one year does not apply
– for items that have been used for a building in accordance with their normal use and have caused its defectiveness,
– for damages and reimbursement claims of the customer, as well
– in the event that the seller has fraudulently concealed the defect.
7.3 The customer is requested to complain to the deliverer of delivered goods with obvious transport damage and to inform the seller thereof. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.

8) Redemption of action vouchers
8.1 Vouchers that are issued by the seller free of charge as part of promotions with a specific period of validity and that can not be purchased by the customer (hereinafter “action vouchers”), can only be redeemed in the seller’s online shop and only during the specified period.
8.2 Individual products may be excluded from the coupon promotion, provided that a corresponding restriction results from the content of the promotional coupon.
8.3 Action vouchers can only be redeemed before the order process has been completed. A subsequent settlement is not possible.
8.4 Only one action coupon can be redeemed per order.
8.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.
8.6 If the value of the action voucher is insufficient to cover the order, one of the remaining payment methods offered by the seller may be selected to settle the difference.
8.7 The balance of an action voucher will not be paid in cash or interest.
8.8 The action voucher will not be refunded if the customer returns the goods fully or partially paid for with the action voucher as part of its statutory right of withdrawal.
8.9 The action voucher is transferable. The seller can make a liberating effect to the respective owner, who redeems the action voucher in the online shop of the seller. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-entitlement, the inability to operate or the lack of representation of the respective owner.

9) Redemption of gift vouchers
9.1 Vouchers that can be purchased via the online shop of the seller (hereinafter “gift vouchers”), can only be redeemed in the online shop of the seller, unless the voucher says otherwise.
9.2 Gift vouchers and remaining credits of gift vouchers are redeemable until the end of the third year after the year of the voucher purchase. Remaining credits will be credited to the customer until the expiry date.
9.3 Gift Certificates can only be redeemed before completing the order process. A subsequent settlement is not possible.
9.4 Only one gift certificate can be redeemed per order.
9.5 Gift Certificates can only be used for the purchase of goods and not for the purchase of additional Gift Certificates.
9.6 If the value of the gift voucher is insufficient to cover the order, one of the remaining payment methods offered by the seller may be selected to settle the difference.
9.7 The credit of a Gift Certificate will not be paid in cash or interest.
9.8 The Gift Certificate is transferable. The seller can make a liberating effect to the respective owner, who redeems the gift certificate in the online shop of the seller. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-entitlement, the inability to operate or the lack of representation of the respective owner.

10) Applicable law
10.1 The laws of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws governing the international purchase of movable goods. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
10.2 Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who, at the time of conclusion of the contract, do not belong to any Member State of the European Union and whose sole domicile and delivery address are outside the European Union at the time of conclusion of the contract.

11) Alternative Dispute Resolution
11.1 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 resolution of disputes arising from online purchase or service contracts involving a consumer.
11.2 Seller is neither obligated nor willing to participate in a dispute settlement procedure before a consumer dispute resolution body.