General Terms and Conditions of André Künkel
Status: 03/11/2022
Index
1. Scope
2. Conclusion of contract
3. Prices and terms of payment
4. Terms of delivery
5. Right of withdrawal for consumers
6. Warranty
7. Liability
8. Final provisions
1. Scope
1.1. These general terms and conditions (hereinafter "GTC") regulate the contractual relationship between André Künkel, Stralauer Allee 18, 10245 Berlin, Germany, e-mail:shop@a-kuenkel.com, accessible under the web shop of the domain www.a-kuenkel.com, and the customer.
1.2. All agreements made between you and us in connection with the purchase contract result in particular from these conditions of sale, our written order confirmation and our declaration of acceptance.
1.3. The version of the General Terms and Conditions valid at the time the contract is concluded is decisive.
1.4. We do not accept deviating conditions from the customer. This also applies if we do not expressly object to the inclusion.
2. Conclusion of contract
2.1. The presentation and advertising of articles in our online shop does not constitute a binding offer to conclude a purchase contract.
2.2. Contracts relating to articles from André Künkel's range can be concluded either in German or in English.
2.3. The customer can select products from André Künkel's range and purchase them using the "Paypal Buy Now" button or make agreements by contacting them using the "Contact Artist" button. He can use the "Paypal Buy Now" button to change or complete the order Before sending the order, the customer can change and view the data in PayPal at any time. By clicking the "Buy" button, he makes a binding contract offer to purchase the selected goods. Processing is carried out via PayPal.
2.4. By ordering a product, the customer makes a binding declaration that they want to purchase the ordered product and submits a binding contract offer. We will immediately confirm receipt of the order in accordance with § 312i Para. 1 S. 1 No. 3 BGB to the customer in the form of an acknowledgment of receipt by e-mail, in which the contractual provisions (customer's order and these GTC) are listed again and the the customer can print out using the "Print" function.
2.5. The confirmation of receipt does not yet represent a binding acceptance of the order. The purchase contract for the ordered goods only comes into effect through our separate written order confirmation (by email), but at the latest when the ordered goods are sent. However, the declaration of acceptance can be combined with the acknowledgment of receipt.
2.6. If no copies of the product selected by the customer are available or temporarily unavailable at the time the customer places the order, André Künkel will inform the customer of this in the order confirmation. If the product is permanently unavailable, André Künkel will refrain from a declaration of acceptance. A contract is not concluded in this case.
2.7. A sale with a so-called quota restriction should not be carried out more than once with the same buyer. André Künkel is therefore entitled to withdraw from any further quota purchase contract as soon as it emerges (e.g. because the owner of the account from which André Künkel wants to collect the amount of the second, third etc. quota purchase contract or has it transferred with corresponds to that of the first purchase), that the buyers of the respective contingent purchase contracts are identical.
3. Prices and terms of payment
3.1. The prices shown directly in the illustrations or descriptions of the goods on our website at the time the order is placed shall apply. The stated purchase prices are final prices and include the applicable statutory sales tax. In the case of mail-order sales, the purchase price is understood to include the delivery and shipping costs incurred in accordance with the terms of payment. The corresponding shipping costs are indicated to the customer in the PayPal order form and are to be borne by the customer.
3.2. The price including sales tax and shipping costs is also displayed in the PayPal order form before you send the order. For deliveries outside of Germany, additional costs may arise when importing into a third country (duties, any customs fees and import sales taxes), which add up to the stated price.
3.3. All fees are due immediately upon conclusion of the contract, but no later than upon receipt of the invoice. After this period the customer is in default of payment. During the delay, the consumer has to pay interest on the debt at a rate of 5 percentage points above the base interest rate. During the delay, the entrepreneur has to pay interest on the debt at a rate of 8 percentage points above the base interest rate. We reserve the right to prove and claim higher damage caused by default vis-à-vis the entrepreneur.
3.4. The customer can make the payment in advance by bank transfer (prepayment) or by Paypal. In the case of payment in advance, the goods will only be dispatched/delivered after receipt of payment, which the customer agrees to upon conclusion of the contract.
3.5. The customer is not entitled to offset against our claims unless his counterclaims have been legally established or are undisputed. The customer is also entitled to offset against our claims if he can assert complaints or counterclaims from the same purchase contract.
4. Terms of delivery
4.1. We are entitled to make partial deliveries if this is reasonable for the customer. If we fulfill the order by partial deliveries, the customer only has to pay shipping costs for the first partial delivery. If the partial deliveries are made at the request of the customer, we calculate shipping costs for each partial delivery.
4.2. The delivery period is approximately seven (10) working days, unless otherwise agreed. It begins - subject to the regulation in Section 3.4 Clause 2 - with the conclusion of the contract.
4.3. Postage and parcel shipping are available as delivery methods.
5. Right of withdrawal for consumers
5.1. If the customer is a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed to his commercial or self-employed professional activity), he has a right of withdrawal in accordance with the statutory provisions.
5.2. If the customer, as a consumer, makes use of his right of withdrawal according to Section 1, he has to bear the regular costs of the return.
5.3. For the rest, the regulations that are reproduced in detail in the following cancellation policy apply to the right of cancellation:
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier, the goods or - in the case of a single order for several goods that are delivered separately - last goods for which the right of cancellation is not excluded, have taken possession of or has. In order to exercise your right of withdrawal, you must
André Künkel
Stralauer Allee 18
10245 Berlin
Germany
E-mail: shop@a-kuenkel.com
by means of a clear statement (e.g. a letter sent by post, telephone, fax or e-mail) of your decision to withdraw from the contract.
To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier. You have the goods to us immediately and in any case within thirty days at the latest from the day on which you inform us about the cancellation of this contract
André Künkel
Stralauer Allee 18
10245 Berlin
Germany
to be returned or handed over. The deadline is met if you send back the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
5.4. There is no right of withdrawal
5.4.1. for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer (§ 312g Para. 2 No. 1).
6. Warranty
6.1. If the buyer is a consumer, he initially has the choice of whether subsequent performance is to be carried out by means of repairs or a replacement delivery. However, we are entitled to refuse the type of supplementary performance chosen if it is only possible with disproportionate costs and the other type of supplementary performance remains without significant disadvantages for the consumer.
6.2. If the supplementary performance fails, the customer can in principle demand a reduction in payment (reduction) or cancellation of the contract (withdrawal) at his discretion. In the case of only a minor breach of contract, in particular in the case of only minor defects, the customer is not entitled to withdraw from the contract.
6.3. Entrepreneurs must notify us in writing of obvious defects within a period of 2 weeks from receipt of the goods; Otherwise the assertion of warranty claims is excluded. Deadline is sufficient for the timely dispatch. The entrepreneur bears the full burden of proof for all prerequisites for a claim, in particular the defect itself, for the time the defect was discovered and for the timeliness of the notice of defects.
6.4. For entrepreneurs, the warranty period is one year from delivery of the goods. For consumers, the limitation period is two years from delivery of the goods.
6.5. The customer does not receive any guarantees from us in the legal sense. Manufacturer guarantees remain unaffected.
7. Liability
7.1. We are liable to the customer in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of wasted expenses.
7.2. In other cases, we are only liable - unless otherwise regulated in Section 7.3 - in the event of a breach of a contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which you as a customer can regularly rely (so-called cardinal obligation), limited to compensation for foreseeable and typical damage. In all other cases, our liability is excluded, subject to the provision in Section 7.3.
7.3. Our liability for damage resulting from injury to life, limb or health and under the Product Liability Act remains unaffected by the above limitations and exclusions of liability.
7.4. If an item on the website is not available at the time the customer places the order, the customer is not entitled to any compensation before an effective contract is formed.
8. Final provisions
8.1. The law of the Federal Republic of Germany applies, the provisions of the UN Sales Convention do not apply. If the customer has placed the order as a consumer and at the time of your order has his habitual residence in another country, the application of mandatory legal provisions of this country remains unaffected by the choice of law made in sentence 1.
8.2. If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for disputes arising from this contract is our place of business. The same applies if the customer does not have a general place of jurisdiction in Germany or if his domicile or habitual abode is not known at the time the action is filed.
8.3. Complaints procedure via online dispute resolution for consumers (OS): ec.europa.eu We are not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.
8.4. Should individual provisions of the contract with the customer, including these General Terms and Conditions, be or become invalid in whole or in part, or should the contract contain unforeseen loopholes, this shall not affect the validity of the remaining provisions.