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General terms and conditions with customer information EU

Table of contents

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1. Scope of application
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 promotional vouchers
9. Redemption of gift vouchers
10. Applicable law
11. Place of jurisdiction
12. Alternative dispute resolution




1) Scope of application

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of THE KERSY COMPANY GmbH & Co. KG (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 and/or services presented in the Seller's online store. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside his trade, business or profession.

1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity which, when concluding a legal transaction, is acting in the exercise of its commercial or independent professional activity.

2) Conclusion of contract

2.1 The product descriptions contained in the Seller's online store do not constitute binding offers on the part of the Seller, but serve to submit a binding offer by the Customer.

2.2 The customer can submit the offer via the online order form integrated into the seller's online store. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the customer can also submit the offer to the seller by e-mail, online contact form or by telephone.

2.3 The seller can 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 the receipt of the order confirmation by the customer is decisive in this respect, or

- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or

- by requesting payment from the customer after the customer has placed the order.

If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer 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 consequence that the customer is no longer bound by his declaration of intent.

2.4 If the customer selects a payment method offered by PayPal, payment processing will be carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), subject to the PayPal User Agreement, 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 pays using a PayPal payment method selectable during the online ordering process, the seller hereby declares acceptance of the customer's offer at the time when the customer clicks the button that completes the ordering process.

2.5 If the customer selects the payment method "Amazon Payments," payment processing will be carried out by the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter referred to as "Amazon"), subject to the Amazon Payments Europe User Agreement, available at https://payments.amazon.de/help/201751590. When the customer selects "Amazon Payments" as the payment method during the online ordering process, the customer also authorizes Amazon by clicking the button that completes the ordering process. In this case, the seller hereby declares acceptance of the customer's offer at the time when the customer triggers the payment process by clicking the button that completes the ordering process.

2.6 When placing an order via the seller's online order form, the text of the contract is stored by the seller after the contract is concluded and is sent to the customer in text form (e.g., email, fax, or letter) following the customer's order submission. The seller does not provide further accessibility to the contract text. If the customer has created a user account on the seller's online shop before submitting their order, the order data will be archived on the seller's website and can be accessed by the customer free of charge via their password-protected user account using the corresponding login information.

2.7 Before submitting the order via the seller's online order form, the customer can recognize any input errors by carefully reading the information displayed on the screen. An effective technical means to better recognize input errors can be the zoom function of the browser, which enlarges the display on the screen. The customer can correct their inputs during the electronic ordering process using the usual keyboard and mouse functions until they click the button that completes the ordering process.

2.8 English language is available for the conclusion of the contract.

2.9 Order processing and communication typically occur via email and automated order processing. The customer must ensure that the email address provided for order processing is accurate so that emails sent by the seller can be received at this address. In particular, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller for order processing can be delivered, especially when using SPAM filters.

3) Right of Withdrawal

3.1 Consumers generally have 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 Conditions

4.1 Unless stated otherwise in the seller's product description, the prices quoted are total prices that include the statutory value-added tax. Any additional delivery and shipping costs will be indicated separately during the checkout process.

4.2 The payment option(s) will be communicated to the customer in the seller's online shop.

4.3 If a payment method offered through the "Shopify Payments" payment service is selected, payment processing will be handled by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered through Shopify Payments will be communicated to the customer in the seller's online shop. Stripe may use additional payment services for payment processing, for which special payment conditions may apply and will be separately disclosed to the customer if necessary. Further information on "Shopify Payments" can be found online at https://www.shopify.com/legal/terms-payments-de.

5) Delivery and Shipping Conditions

5.1 If the seller offers shipping of the goods, delivery will be made to the delivery address specified by the customer within the delivery area specified by the seller, unless otherwise agreed. The delivery address provided by the customer during the ordering process with the seller is decisive for the transaction.

5.2 If the delivery of the goods fails for reasons attributable to the customer, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs for the initial shipment if the customer effectively exercises their right of withdrawal. Regarding the return costs, the regulations made by the seller in the withdrawal policy apply if the customer effectively exercises their right of withdrawal.

5.3 If the customer acts as a business entity, the risk of accidental loss and deterioration of the sold goods passes to the customer as soon as the seller has delivered the item to the carrier, the freight forwarder, or any other person or institution designated to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and deterioration of the sold goods generally only passes to the customer upon delivery of the goods to the customer or an authorized recipient. However, contrary to this provision, the risk of accidental loss and deterioration of the sold goods also passes to the customer as a consumer as soon as the seller has delivered the item to the carrier, the freight forwarder, or any other person or institution designated to carry out the shipment if the customer has instructed the carrier, the freight forwarder, or the person or institution designated to carry out the shipment and the seller has not previously named this person or institution to the customer.

5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if the non-delivery is not the responsibility of the seller and the seller has concluded a specific hedging transaction with the supplier with due diligence. The seller will make every reasonable effort to obtain the goods. In the event of unavailability or only partial availability of the goods, the customer will be informed immediately, and any consideration will be refunded promptly.

5.5 Self-collection is not possible for logistical reasons.

6) Retention of Title

If the seller provides goods in advance, they reserve ownership of the delivered goods until full payment of the purchase price owed.

7) Warranty for Defects (Liability)

Unless otherwise specified in the following provisions, the statutory provisions regarding liability for defects apply. Deviating from this, the following applies to contracts for the delivery of goods:

7.1 If the customer acts as a business entity:

  • The seller has the choice of the type of subsequent performance.
  • For new goods, the limitation period for defects is one year from the delivery of the goods.
  • Rights and claims for defects are excluded for used goods.
  • The limitation period does not start anew if replacement delivery is made within the scope of liability for defects.

7.2 The limitations of liability and shortening of limitation periods as regulated above do not apply to:

  • Claims for damages and reimbursement of expenses by the customer.
  • Cases where the seller fraudulently conceals the defect.
  • Goods that have been used in accordance with their normal purpose for a building and have caused its defectiveness.
  • Any obligation of the seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.

7.3 Furthermore, for business entities, the statutory limitation periods for any existing statutory recourse claims remain unaffected.

7.4 If the customer acts as a merchant within the meaning of § 1 of the German Commercial Code (HGB), they are subject to the commercial duty to examine and give notice of defects according to § 377 HGB. If the customer fails to comply with the notification obligations specified therein, the goods are deemed to be approved.

7.5 If the customer acts as a consumer, they are requested to report any obvious transport damage to the seller and to inform the seller accordingly. Failure to do so will not affect the customer's statutory or contractual warranty claims.

 

8) Redemption of Promotional Vouchers

8.1 Vouchers issued by the seller as part of promotional campaigns with a specific validity period and which cannot be purchased by the customer (hereinafter referred to as "promotional vouchers") can only be redeemed in the seller's online shop and only within the specified period.

8.2 Individual products may be excluded from the voucher promotion if such a restriction is indicated in the content of the promotional voucher.

8.3 Promotional vouchers can only be redeemed before completing the ordering process. Subsequent offsetting is not possible.

8.4 Only one promotional voucher 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 credit will not be refunded by the seller.

8.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.

8.7 The balance of a promotional voucher will not be paid out in cash or bear interest.

8.8 The promotional voucher will not be refunded if the customer returns the goods paid for wholly or partially with the promotional voucher within the scope of their statutory right of withdrawal.

8.9 The promotional voucher is transferable. The seller can fulfill its obligations to the respective holder who redeems the promotional voucher in the seller's online shop with discharging effect. This does not apply if the seller is aware of or grossly negligent about the lack of authorization, legal incapacity, or lack of representation of the respective holder.

9) Applicable Law

For all legal relationships between the parties, the law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. This choice of law applies only to consumers insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence is not withdrawn.

10) Jurisdiction

If the customer is acting as a merchant, legal entity under public law, or special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of the seller. If the customer's registered office is located outside the territory of the Federal Republic of Germany, the registered office of the seller shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. However, in any case, the seller is entitled to bring an action at the customer's place of business.

11) Alternative Dispute Resolution

11.1 The European Commission provides a platform for online dispute resolution at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a point of contact for out-of-court resolution of disputes arising from online purchase or service contracts in which a consumer is involved.

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