§ 1 Scope of Validity
- The following General Terms and Conditions are valid for all contracts which we conclude with consumers (Clause 1 No. 2) via our online shop under the domain “knox.de”.
- Consumer is deemed to be each natural person who concludes a legal transaction whereby the main purposes cannot be considered either commercial or for his own professional business (Paragraph 13, German Civil Code).
§ 2 Contractual Partners (Supplier Identification)
The sales contract is concluded with the Hermann Zwetz Räuchermittelherstellung GmbH, Am Tharandter Wald 12, 01723 Mohorn-Grund, company registry: local court of Dresden, file no. HRB 14003, telephone: +49 (0) 35209/20512, fax: +49 (0) 35209/22844, e-mail: firstname.lastname@example.org
§ 3 Conclusion of Contract
Presentation of products in the online shop does not represent a legally binding offer of the supplier but rather an online catalogue without obligation. Delivery of goods is made in usual household amounts. By clicking the “Submit order” button you are giving a firm order for the goods in your shopping basket. Confirmation of receipt of order is given automatically by email immediately after the order is submitted and received. The transaction contract is concluded with this email confirmation.
(1) The supplier offers various products for sale in his online shop. Delivery of the goods is made in usual household amounts.
(2) The purchaser gives the supplier a commitment to buy goods in the shopping basket of the online shop in that he fills out the order form and sends it to the supplier by email.
(3) The confirmation of order automatically sent after the order is given documents exclusively receipt of the order by the supplier. It does not represent acceptance of the offer.
(4) The contract is deemed to be concluded only when a separate declaration of acceptance by the supplier is sent in a separate email (order confirmation), at latest when the goods are dispatched.
§ 4 Prices, Delivery Charges
Prices quoted on the product pages are total prices including VAT.
Dispatch, postage and delivery costs are shown separately and declared to the customer before the order is given. An overview of the possible modes of transport and the resulting delivery charges is available via the link “Delivery charges”.
§ 5 Terms of Payment / Offset Rights
- Available payment options are advance payment, Amazonpayments or PayPal. The payment amount is immediately due at the time of order confirmation and must be paid within 10 days.
- The supplier does not store data entered during the payment process. In case the payment transaction provider stores such data, the data protection rules of the payment transaction provider apply.
- Offset rights of the customer are permissible only in case of uncontested or legally accepted claims. The customer has the right of retention only insofar as his counterclaim arises from the same contractual agreement.
§ 6 Delivery and Partial Delivery / Items not Available
- The goods ordered will be delivered to the address stated by the customer unless otherwise contractually agreed. Delivery originates from the supplier’s store or directly from the manufacturer. The supplier reserves the right to provide a partial delivery insofar as this seems to be advantageous for a quick completion of order and the partial delivery is not exceptionally unreasonable for the customer. Any extra costs incurred for partial delivery will not be charged to the customer.
- The period of delivery (dispatch of goods) is 3-5 working days after receipt of payment by the supplier, unless a longer period is shown in the product description. We advise that delivery by post can take up to ten days. If the period of delivery is not kept and this is due to force majeure (industrial dispute, unexpected hindrances and others) or the result of conditions for which the supplier is not at fault, the delivery date will be postponed by an appropriate period.
- In case a product ordered is not available and this is not due to our fault but due to the fault of our supplier in spite of his contractual obligation to deliver, we have the right to withdraw from the contract. In such a case we will inform the customer immediately that the ordered goods are not available and immediately refund any payment already made.
- In case not all products ordered are in stock we have the right to partial delivery at our cost insofar as this is reasonable for the customer. Additional costs due to partial delivery will not be charged to the customer.
§ 7 Right of Cancellation and Right of Return of Goods
Consumers (for definition of the term consumer see Clause 1 number 2 of the General Terms and Conditions) have the right of cancellation according to the following rules.
Right of Cancellation
You have the right to cancel your contractual declaration within 14 days without naming reasons.
The permitted period for cancellation is 14 days from the day when you or a third party named by you who is not the carrier has or have taken possession of the goods.
In order to exercise your right of cancellation you must notify us (Apotheker Hermann Zwetz Räuchermittelherstellung GmbH, Am Tharandter Wald 12, 01723 Mohorn-Grund, company register: local court of Dresden HRB 14003, Telephone: +49 (0) 35209/20512, fax: +49 (0) 35209/22844, email: email@example.com), by means of a clear declaration (e.g. a postal letter, fax or email) of your decision to cancel this contract.
In order to comply with the cancellation period, it is sufficient if you send the notification of exercising the right of cancellation before the cancellation period expires.
Consequences of Cancellation
If you cancel this contract we are obliged to refund to you all payments we have received from you, including delivery costs (with the exception of additional costs incurred by your selection of a different mode of delivery than the most favourable standard delivery we offer), immediately and at latest within 14 days from the day on which we receive your notification of cancellation of this contract.
For refund we use the same mode of payment as you did for the original transaction, unless a different agreement has been expressly made with you; in no case will you be charged for making a refund.
We have the right to refuse to make refund before we have received the returned goods or you have provided verification that you have returned the goods, according to which point of time is first.
You must return the goods to or hand them in at Apotheker Hermann Zwetz Räuchermittelherstellung GmbH, Am Tharandter Wald 12, 01723 Mohorn-Grund immediately and in any case at latest within 14 days of the time you informed us of your cancellation of contract. The period is observed if the goods are returned before the period of 14 days expires.
You are liable for the immediate costs of returning the goods. You must only bear the cost of any loss of value of the goods if this loss of value is due to an unnecessary handling of the goods in order to test their consistency, properties and function.
- End of the instructions on cancellation -
§ 8 Reservation of Property Rights
The goods supplied remain our property until complete payment has been made.
§ 9 Guarantee
The legislation on conditions of guarantee applies.
§ 10 Disclaimer of Liability
(1) Apart from liability for materials defects and defects of title the supplier is liable to an unlimited extent insofar as the damages are due to intent or culpable negligence. He is also liable for slight neglect of duty regarding significant obligations (obligations whereby the fulfilment of the purpose of contract is endangered) as well as for contravention of cardinal duties (obligations whose fulfilment make the orderly performance of the contract possible and on whose fulfilment the customer regularly relies), however only for the foreseeable, contractually typical damages. The supplier accepts no responsibility for slightly negligent breach of duties other than the aforementioned.
(2) Limit of liability for the above clause does not apply in case of danger to life, body and health, for a deficiency after granting a guarantee for the consistency of the product and in case of maliciously concealed deficiencies. Liability according to the Product Liability Act remains unaffected.
(3) In case liability of the supplier is excluded or limited, the same applies to the personal liability of his employees, representatives and vicarious agents.
§ 11 Data Protection
(1) The customer is aware of and agrees that for processing the order, necessary personal data are stored by the supplier on data storage media. The customer expressly agrees to the collection, processing and use of his personal data. The stored personal data shall be treated confidentially by the supplier. Collection, processing and use of customers’ personal data are subject to the Federal German Data Protection Law (BDSG) and the Telemedia Act (TMG).(2) The customer has the right to withdraw his approval with future effect at any time. The supplier in this case is obliged to delete the personal data of the customer. In case an order is being processed at the time, deletion will take place after the completing the process.
Further details can be referred to in the data privacy statement which is available under our online offer.
§ Applicable Law, Place of Jurisdiction
- The law of the Federal Republic of Germany excluding the UN Sales Convention (CSIG) applies to these terms and conditions and the entire legal relationship between us and our contractual partners. This choice of law applies only insofar as non-mandatory applicable regulations for consumer protection in the country in which the consumer at the time of ordering normally resides are deprived by this.
- Language of the contract is German.
- For all disputes arising from this contract place of jurisdiction is exclusively the location of the head office of the supplier, if the customer is a business owner of a legal entity under public law or fund assets established under public law. This applies also if the customer has neither a general place of jurisdiction in Germany nor in the European Union or if at the time the legal action is filed the location of the customer cannot be identified. The authority to invoke court at a different, legally acceptable location remains thereby unaffected.
- The above rules regarding the place of jurisdiction do not apply if the purchaser (customer) is a consumer.
§ 13 Concluding Provisions
In case individual provisions of these general terms and conditions should be ineffective, the contract remains in all other respects unaffected. In place of the ineffective provision the relevant legal regulations apply.
Complaints procedure through online dispute resolution for consumers (OS): http://ec.europa.eu/consumers/odr/. We are not willing nor are we obligated to take part in dispute resolution before a consumer dispute resolution body.