Terms and Conditions
§ 1 Domain of validity
- The following General Terms and Conditions apply for all contracts, which we conclude with consumers (hereinafter referred to as "customers") via our online shop operated under the "knox.de" domain.
- A consumer is anyone concluding a contract for a purpose not attributed to his own commercial or self-employed activity.
- Divergent or supplementary General Terms and Conditions of the customer are not a constituent of the contract.
§ 2 Contractual partners
The contract for sale is concluded with Apotheker Hermann Zwetz Räuchermittelherstellung GmbH, Am Tharandter Wald 12, 01723 Mohorn-Grund, commercial register: Registration court of Dresden HRB 14003.
§ 3 Conclusion of the contract
The presentation of products in the online shop is not a legally binding offer, but a non-binding online catalogue. By clicking the button "Place order", you are placing a binding order for the goods contained in the shopping basket. The confirmation of order receipt is immediately issued at the same time as order acceptance following the forwarding of an automatic e-mail. This e-mail confirmation marks the inception of the contract for sale.
§ 4 Prices, shipping costs
- The prices specified on the article pages include statutory VAT and other price constituents plus applicable shipping costs.
- An overview of shipping possibilities and the shipping costs incurred can be viewed by following the link "Shipping costs". Shipping costs are also displayed for the customer's attention on the order overview page prior to submission of the order.
§ 5 Payment
- Payment options include prepayment, debit or Paypal. The invoice amount is immediately due with receipt of order confirmation and must be paid within 10 days.
- While the customer is in a state of default with respect to payment, we are authorised to charge default interest in the amount of 5 percentage points above the prime rate p.a. as published by the Deutsche Bundesbank in the Federal Gazette. We reserve the right to prove the incurrence of further damages in this regard.
- The customer only has set-off rights for undisputed receivables or receivables, which have been ruled on with legal effect. The customer is only authorised to exercise his right of retention to the extent his counter claim results out of the same contractual relationship.
§ 6 Delivery
- If an article ordered cannot be delivered because our supplier failed to ship the necessary goods to us despite being contractually obligated to do so and through no fault of our own, we are entitled to withdraw from the contract. In this case, we will immediately advise the customer that the ordered good is not available and any payments made will be immediately refunded.
- If not all products ordered are in stock, we are entitled to make partial deliveries at our expense providing this is reasonable for the customer.
§ 7 Costs of return if the right of cancellation is exercised
If you exercise your statutory right of cancellation, you must assume the regular costs of the return if the shipped good corresponds to the ordered good and if the price of the good to be returned does not exceed an amount of 40 Euros or, in the event of a higher price of the good at the time of cancellation, you have not provided the quid pro quo or a contractually agreed partial payment. In all other cases, the return shipment is free of charge for you.
§ 8 Retention of title
The delivered good remains our property until you have paid in full. The customer must immediately inform us of third-party access to the retained good after this has become known. The customer is liable for all costs incurred for resolving such access, in particular by initiating third-party proceedings, to the extent the costs cannot be reimbursed by the applicable third party.
§ 9 Claims arising from defects
Statutory regulations generally apply for products exhibiting material defects. This means that the customer is primarily entitled to subsequent performance, that is, he may choose from a subsequent delivery or rectification of the defect. If further statutory prerequisites exist, the customer is entitled to reduce the purchase price or withdraw from the contract. For claims for compensation due to a product defect the prerequisites specified in § 10 apply in addition to statutory prerequisites.
§ 10 Liability for the compensation of damages
For our liability for the compensation of damages, the following exclusions and limitations of liability apply irrespective of other legal conditions of entitlement:
- We are liable to the extent this is attributed to intent or gross negligence on our part. For minor negligence, we are only liable for the breach of a duty, whose fulfilment is essential for the proper execution of the agreement and whose regular fulfilment the contract party relies on. Furthermore, liability for the compensation of damages of all types, regardless of the basis for a claim, including liability for culpability upon conclusion of the contract, is ruled out.
- To the extent we are liable as per paragraph 1 for minor negligence, our liability is limited to foreseeable damages typical of such contracts, whose possibility of occurrence we were aware of at the time the contract was concluded.
- These exclusions and limitations of liability do neither apply if we have offered a guarantee for the quality of the product nor for damages, which must be compensated pursuant to the German Product Liability Act, nor for injury to life, limb and health.
- These exclusions and limitations of liability also apply for the benefit of our employees, servants and other third parties, whom we engage for the fulfilment of the contract.
§ 11 Privacy
We collect and save the customer's data as required for the processing of the corresponding transaction. We comply with statutory provisions with respect to the processing of personal data. Further details are provided in the privacy statement, which can be viewed on our website.
§ 12 Applicable law, jurisdiction
- The law of the Federal Republic of Germany to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods governs these business terms and the legal relationship as a whole between ourselves and our contractual partners.
- The sole place of jurisdiction for all disputes resulting out of or in connection with this contract are, at our discretion, our headquarters or the headquarters of the customer if: the customer is a general merchant, corporate body under public law or special fund under public law or is domiciled outside of the Federal Republic of Germany. Statutory regulations apply in all other respects.
§ 13 Closing provisions
If individual provisions of these General Terms and Conditions are invalid, then the remainder of the contract continues to be valid. Applicable legal provisions shall apply in lieu of the invalid provision.