General Terms and Conditions
Table of Contents
2. Contract formation
3. Right of rescission
4. Prices and payment terms
5. Delivery and shipping terms
6. Liability for defects
7. Applicable law and place of jurisdiction
8. Information on online dispute resolution
1.1 These terms and conditions of the company Kapps GmbH (hereinafter referred to as "Seller”) apply to all contracts concluded by a consumer or merchant (hereinafter “Customer”) regarding the goods depicted by Seller in its online shop. The applicability of Customer’s own terms and conditions is hereby explicitly rejected, unless otherwise agreed.
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) Contract formation
2.1 The product descriptions contained in Seller’s online shop do not constitute binding offers on Seller’s part, but serve to provide information for Customer to submit a binding offer to contract.
2.2 Customer may submit its offer using the online order form integrated into Seller’s online shop. By clicking the button to complete the order process after placing the selected goods and/or services in the virtual shopping basket and proceeding through the electronic ordering process, Customer makes a legally binding contractual offer with regard to the goods and/or services in the shopping basket.
2.3 Seller may accept Customer’s offer within five days by sending Customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the date of receipt of the confirmation by Customer shall be determinative; or by delivering the goods or services ordered to Customer, in which case the date of receipt of the goods or services by Customer shall be determinative; or by requesting payment from Customer after an order has been placed. If more than one of the above alternatives apply, the contract is concluded at such time as one of the above alternatives first occurs. If Seller does not accept Customer’s offer within the above-mentioned period, this constitutes a rejection of the offer, with the result that Customer is no longer bound thereby.
2.4 Seller’s period to accept the offer commences on the date after Customer dispatches the offer, and expires with the end of the fifth day following the submission of such offer.
2.5 When an offer is made using Seller’s online order form, the text of the contract is stored by Seller and sent to Customer in text form (e.g. e-mail, fax or letter) along with these General Terms and Conditions once Customer’s order has been submitted. The text of the contract is also archived on Seller’s website, and may be retrieved by Customer free of charge using its password-protected customer account and the correct login data, provided that Customer has set up such a customer account with Seller’s online shop prior to submitting its order.
2.6 Until submitting a binding offer using the online order form, Customer may modify or amend its information using the normal keyboard and mouse functions. In addition, all information provided will be displayed again in a confirmation window before binding order submission, and can be corrected in the confirmation window using the normal keyboard and mouse functions.
2.7 The contractual language is English.
3) Right of rescission
3.1 Consumers have the right to revoke their agreement to the contract.
3.2 Detailed information regarding the right of rescission may be found in Seller’s Notice on Rescission.
4) Prices and payment terms
4.1 Unless otherwise stated in Seller’s product description, the stated prices are net prices which include the statutory sales tax. Any additional delivery and shipping costs which may be imposed are stated separately in the product description.
4.2 For deliveries to non-EU countries, additional costs outside Seller’s control may in some cases be incurred, and shall be borne by Customer. These may include, for example, fees charged by banks for rendering payment (e.g. transfer fees, currency exchange fees) or import fees or taxes (e.g. customs duties).
4.3 Customer may make payment using any of the means offered in Seller’s online shop.
4.4 If advance payment has been agreed, payment shall be due immediately upon conclusion of the contract.
4.5 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) Delivery and shipping terms
5.1 The delivery of goods shall be made by shipment to the delivery address supplied by Customer, unless otherwise agreed. In fulfilling the order, the delivery address stated in Seller’s order processing system shall be used.
5.2 If the transport company returns the shipped goods to Seller as not deliverable to Customer’s address, Customer shall bear the costs of the unsuccessful delivery. This does not apply if Customer validly exercises its right of rescission, if it is not responsible for the circumstances preventing delivery, or if it was temporarily unable to accept the offered performance, unless Seller gave Customer reasonable advance notice of the intended time of performance.
5.3 Direct pick-up of ordered goods is not possible.
6) Liability for defects
The statutory provisions governing liability for defects shall apply.
7) Applicable law and place of jurisdiction
7.1 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.
7.2 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.
8) Information on online dispute resolution
The European Commission offers an online dispute resolution platform which is accessible using the following link: http://ec.europa.eu/consumers/odr. This platform is meant to provide a point of contact for the non-judicial settlement of disputes arising from online sales or service contracts to which a consumer is a party.