General Terms and Conditions of Business (for private customers)
The general terms and conditions of business listed below also contain legal information regarding your rights in accordance with the regulations concerning remote sales contracts and electronic business transactions.
1.1. The following general terms and conditions of business in their version valid at the time of the order shall apply exclusively to the business relationship between KNOSPA GmbH & Co. KG reinafter “Seller”) and the customer (hereinafter referred to as “Customer”), which is concluded via the online shop www.safeas.de. Customers are either consumers or entrepreneurs, who, however, only act as end customers.
1.2. You can reach our customer service department for queries, complaints and objections via the email address firstname.lastname@example.org.
1.3. Consumers as defined in these general terms and conditions of business are any natural persons who conclude a legal transaction that cannot primarily be attributed to his/her commercial or self-employed activities (§ 13 of the German Civil Code – BGB). An entrepreneur is any natural or legal person or a legally capable business partnership who act in the exercising of their commercial or self-employed professional activities at the time of the conclusion of a legal transaction.
1.4. Deviating terms of the Customer shall not be recognised and these general terms and conditions of business shall also apply if KNOSPA GmbH & Co. KG carries out the delivery to the Customer without reservation in knowledge of conflicting terms of the Buyer or in knowledge of terms of the Buyer that deviate from these general terms and conditions of business.
2.1. The representation of the products in the online shop shall not represent a legally binding offer, but rather an invitation to submit an order. Service descriptions in catalogues and on the websites of the Seller shall not possess the character of an undertaking or guarantee.
2.2. All offers shall apply “while stocks last” unless otherwise stated in respect of the products. Otherwise, errors shall remain reserved.
2.3. For all actions (for instance coupon codes) the following conditions count:
We refer to our terms and conditions. Furthermore, the following conditions count for the actions:
- There will be no cash alternative,
- The defined discount on the order applies to the initial order,
- per customer is only one voucher per action allowed,
- every action ends to the defined period,
- the offer is valid as long as stocks last and
- participation only with a valid coupon code.
3.1. The Customer shall be able to select products from the range of the Seller in a non-binding manner and collect these in a so-called shopping basket via the “to the shopping basket” button.
The Customer can then conclude the ordering process by clicking on the “proceed to checkout” button within the shopping basket.
3.2. By means of the “place a binding order” button, the Customer then submits a binding offer to purchase the goods in the shopping basket. Prior to sending the order, the Customer can amend and view the data at any time. Obligatory information is marked with a star (*).
3.3. The Seller will then send the Customer an automatic confirmation of receipt by email, in which the order of the Customer is once again stated and which can be printed out by the Customer by the “print” function (order confirmation). The automatic confirmation of receipt merely states that the order of the Customer has been received by the Seller and shall not represent an acceptance of the request. The sales agreement shall not come into existence until the Seller has dispatched or handed over the ordered product to the Customer within two days or has confirmed the shipping to the Customer with a second email, express order confirmation or sending of the invoice.
3.4. Should the Seller enable payment in advance, the contract shall come into existence at the time of provision of the bank data and payment request. Should the payment not have been received by the Seller within ten calendar days following the sending of the order confirmation, the Seller shall be able to rescind the contract, which will result in the order being cancelled and the Seller not being subject to any delivery obligation. The order will then be cancelled for the Buyer and the Seller without any further consequences. Therefore, a reservation of the articles in case of advance payments shall take place for a maximum of ten calendar days.
4.1. All prices stated on the website of the Seller are in euros (€) and are inclusive of the respectively applicable statutory value added tax. Deviating price statements that may be stated on pages loaded from interim storage data (for example browser cache, proxy etc.) shall not be valid. Discount and promotional prices shall only apply to the respective stated period.
4.2. In addition to the stated prices, the Seller will also charge shipping costs for the delivery. The shipping costs will be clearly notified to the Buyer in a separate information page and within the framework of the ordering process. At the latest, on the final ordering page prior to conclusion of the purchasing process, the full costs will be stated.
5.1. Should payment in advance (for example, immediate bank transfer, PayPal etc.) be agreed, the handover to the shipping company will take place two to three working days following receipt of the payment.
5.2. If such is that case that not all ordered products are in stock, the Seller shall be entitled to provide partial deliveries by written agreement with the Buyer at the expense of the former, provided that this is reasonable for the Buyer. Further shipping costs may be incurred by the Buyer.
5.3. Should the ordered product not be available due to the Seller not being supplied with the said product by its supplier for reasons for which it is not responsible, the Seller shall be able to rescind the contract. In such a case, the Seller shall immediately inform the Customer and, if applicable, propose the delivery of a comparable product to the Customer. Should no comparable product be available or should the Customer not wish the delivery of a comparable product, the Seller shall immediately refund the Customer any consideration that has already been provided.
6.1. The Customer can choose from the available payment methods within the framework of and prior to conclusion of the ordering process. Customers will be informed of the available payment methods on a separate information page.
6.2. Should third party providers be engaged in the payment process, for example PayPal or Klarna, their general terms and conditions of business shall apply.
6.3. Should the due date of the payment be determined in accordance with the calendar, the Customer shall enter into default should the deadline be missed. In such a case, the Customer must pay the statutory default interest.
6.4. The obligation of the Customer to pay default interest shall not exclude the assertion of further damages connected to default by the Seller.
6.5. The Customer shall only be entitled to a right of set off if its counterclaims have been recognised by a court or have been acknowledged by the Seller, or if undisputed claims exist. The Customer shall only be entitled to assert a right of retention if the claims result from the same contractual relationship.
The delivered goods shall remain the property of the Seller until full payment has been received.
8.1. The warranty shall be in accordance with the statutory regulations. Obvious defects must be notified to the Seller within 14 days of their occurrence in text form (for example letter/email). The sending of the message shall suffice concerning the timeliness of the notification of defect. The warranty right shall lapse if the notification is not made on time and if this relates to obvious defects.
This shall not apply should the Seller have fraudulently concealed the defect or assumed a guarantee concerning the quality of the goods.
8.2. A guarantee shall only exist in respect of the goods delivered by the Seller if this was expressly stated. Customers will be informed of the terms of the guarantee prior to the initiation of the ordering process.
9.1. Regardless of the other statutory claim requirements, the following exclusions and limitations of liability shall exist in respect of the obligation of the Seller to pay damages.
9.2. The Seller shall incur unlimited liability should the cause of the loss be attributable to intent or gross negligence.
9.3. In addition, the Seller shall incur liability for minor negligent breaches of essential obligations, the infringement of which endangers the attainment of the contractual purpose, or for breaches of obligations, the fulfilment of which is essential for the proper performance of the contract and the compliance to which the Customer regularly relies on. However, in such a case, the Seller shall only incur liability for losses that are foreseeable and typical for the contract. The Seller shall not incur liability for minor negligent breaches of obligations other than those mentioned in the sentences above.
9.4. The above-mentioned limitations of liability shall not apply to injury to life, body and health, to defects following the assumption of a guarantee concerning the quality of the product, and to fraudulently concealed defects. The liability in accordance with the German Product Liability Act (Produkthaftungsgesetz) shall remain unaffected.
9.5. Should the liability of the Seller be excluded or restricted, this shall also apply to the personal liability of employees, representatives and vicarious agents.
10.1. The Customer can print out the contractual text prior to submission of the order to the Seller by using the print function of his/her browser in the final stage of the order.
10.2. The Seller will also send the Customer an order confirmation with all order data to the email address provided by him/her. Together with the order confirmation, the Customer will also receive a copy of the general terms and conditions of business, together with the notice concerning revocation, information concerning shipping costs, as well as delivery and payment terms. If you registered in our shop, you can view the orders you have placed in your profile area. In addition, we save the contractual data. However, we do not make this accessible on the Internet.
11.1. The Seller processes personal data of the Customer for the intended purpose and in accordance with the statutory provisions.
11.2. The personal data provided for the purpose of the ordering of the goods (for example name, email address, address, payment details) is used by the Seller for the fulfilment and performance of the contract. The respective data is treated confidentially and is not forwarded to third parties who are not involved in the ordering, delivery and payment process.
11.3. The Customer has the right to receive information free-of-charge concerning the personal data relating to him/her that is saved by the Seller. In addition, the Customer has the right to the correction of incorrect data and the blocking and deletion of his/her personal data, unless a statutory retention obligation prevents this.
11.4. Further information concerning the type, scope, location and purpose of the gathering, processing and use of the necessary personal data by the Seller can be found in the data protection declaration.
12.1. Notice concerning revocation
As a consumer concluding a remote sales transaction, the Customer is, as a rule, entitled to a statutory right of revocation, information on which we provide below in accordance with the statutory sample. The exceptions to the right of revocation are stated in Paragraph 2. A sample revocation form can be found in Paragraph 4.
Notice concerning revocation:
You have the right to revoke this contract within fourteen days without giving any reasons.
The revocation deadline is fourteen days from the day you or a third party nominated by you, and who is not the carrier, took possession of the goods. In order to exercise your right of revocation, you must inform us (KNOSPA GmbH & Co. KG, Paulsdorfferstr. 34, 81549 München, email@example.com, 089 21891251) of your decision to revoke this contract by means of an express declaration (for example, by means of a letter sent by the postal services or an email). You can use the enclosed sample revocation form. This, however, is not mandatory.
In respect of compliance with the deadline for revocation, it shall suffice that you send the notification concerning the exercising of the right of revocation prior to expiry of the deadline.
Consequences of revocation
Should you revoke this contract, we must immediately refund all payments we have received from you immediately and at the latest within fourteen days of the date on which we received the notification concerning your revocation of this contract, including the delivery costs (with the exception of additional expenses incurred due to you choosing a type of delivery that differs from the lowest standard delivery price offered by us). For this refund, we will use the same means of payment used by you during the original transaction, unless expressly agreed otherwise with you. You will not be charged any fees in connection with this refund.
We reserve the right to refuse the refund until we have received the goods back or until you have provided proof that you have sent the goods for return, depending on which occurs first.
You must return or handover the goods immediately to KNOSPA GmbH & Co. KG, Paulsdorfferstr. 34, 81549 München and, in all cases, within fourteen days of the date on which you inform us of the revocation of this contract. The deadline shall be considered complied with if you ship the goods prior to the expiry of the fourteen-day deadline. You must bear the direct costs associated with the return of the goods. You must only provide compensation for any loss in value of the goods if this is due to use of the goods that goes beyond the extent that is necessary to check the quality, properties and functionality of the goods.
End of the notice concerning revocation
12.2 Exclusion of the right of revocation
The right of revocation shall not exist in case of the following contracts:
Contracts for the delivery of sealed goods that are not suitable for return due to reasons connected to protection of health or hygiene if the seal was removed following delivery.
The procedures named in this “returns” section are not a prerequisite for the effective exercising of the right of revocation.
Prior to the return shipment, customers are requested to report this to the Seller (to KNOSPA GmbH & Co. KG, Paulsdorfferstr. 34, 81549 München, or by email to: firstname.lastname@example.org), so that the return can be notified. This enables the Seller to allocate the products as quickly as possible.
Customers are requested to return the goods to the Seller as a post-paid parcel and to retain the proof of postage.
Customers are requested to avoid damage to or contamination of the goods. If possible, the goods should be returned to the Seller in the original packaging with all accessories. Should the Buyer no longer be in possession of the original packaging, different suitable packaging should be used, in order to ensure sufficient protection against damage during transportation and to avoid any damage claims due to damage connected to defective packaging.
12.4 sample revocation form
Should you wish to revoke the contract, please fill in this form and return it to us.
– To KNOSPA GmbH & Co. KG, Paulsdorfferstr. 34, 81549 München, email@example.com
– I / we hereby revoke the contract concluded by me / us in respect of the purchase of the following goods (*) / the provision of the following service (*)
– Ordered on (*) / received on (*)
– Name of the consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) – only in case of notification in paper form
(*) delete as appropriate.
13.1. For all disputes with consumers (Paragraph 13 of the German Civil Code – BGB) in connection with this contract (including those concerning its validity) and all individual call up orders, Munich shall be agreed to be the place of jurisdiction should the general place of jurisdiction of the customer not be in Germany or other EU Member States.
Should the Customer be a businessperson, legal person under public law, or a public law special fund, Munich shall be agreed to be the place of jurisdiction. This shall also apply if the Buyer is an entrepreneur as defined in Paragraph 14 of the German Civil Code (BGB).
13.2. The contractual languages shall be German and English. In case of doubt, the German version shall apply.
13.3. Severability clause
Should any of the provisions of this contract be or become ineffective or unenforceable in full or in part, this shall not affect the validity of the remaining clauses of this contract. The same shall apply if and to the extent that the contract demonstrates a loophole. The ineffective or unenforceable provision shall be replaced by a reasonable clause that comes closest to or corresponds, to the extent that this is legally possible, to what the Contracting Parties intended in economic terms or would have intended in accordance with the sense and purpose of this contract had they taken this point into consideration. The same shall apply in respect of the filling of a loophole. This shall also apply if the ineffectiveness of a provision refers to a scope of service or time (deadline or date) provided in this contract. In such a case, a legally permitted scope of the service or time (deadline or date) that comes closest to that intended shall take the place of the agreed clause.