General Terms and Conditions
§ 1 Scope, customer base, language
(1) These general terms and conditions (“terms” in the following) apply to all contracts concluded via the online shop between us, the
Kandinsky Deutschland GmbH
Königsberger Str. 100
Managing Director: Kim Köhler, Jan Köhler
registry court: District court Dusseldorf, HRB 41925
VAT ID: DE215627638
and you as our customer. The terms apply independent of whether you are a consumer, entrepreneur or merchant. The product offer in our web shop is equally oriented on consumers as well as business persons, however only on final customers. For all intents and purposes of these general terms, (i) a consumer is any natural person, who concludes a legal transaction for the purpose that can neither be predominantly ascribed to their commercial nor their freelance professional activities (§ 13 of the German Civil Code – BGB) and (ii) an “entrepreneur” is a natural or legal person or partnership that has a legal capacity, who, at the time of conclusion of the contract, acts in exercising their commercial or freelance professional activities (§ 14 para. 1 BGB).
(2) The respectively valid version of the terms at the time of contract conclusion is decisive.
(3) We do not accept deviating conditions of the customer. This is also the case, if we do not explicitly object to the inclusion.
(4) The contracts with the customers are exclusively concluded in German.
§ 2 Contract conclusion
(1) With the presentation and advertisement of the items in our online shop, we are not making binding sales offers for specific articles.
(2) By placing an order in the online shop, the customer makes a binding offer to purchase the product concerned. The customer is bound to the offer until the expiration of the third day after the following business day after the offer. Your right, as possibly granted according to § 7, to cancel you order remains unaffected by this.
(3) We will promptly confirm the arrival of your order made via the online shop by email. Such an email will not yet include or represent a binding acceptance of the order, unless the acceptance is stated in addition to the confirmation of the arrival of your order.
(4) The offer only counts as accepted by us, once we have declared the acceptance to the customer (by email) or have shipped the item. The purchase agreement with the customer is only established through our acceptance.
§ 3 Prices and shipment fees
(1) All indicated prices in our online shop or gross prices include the legal value added tax.
(2) The shipment fees are listed in our price information in our online shop. The price including VAT and applicable shipment fees are also displayed in the order window before you place the order.
§ 4 Payment conditions and offsetting
(1) Unless something else has been explicitly agreed on, we only delivery against a prepayment (in the manner selected in the order window) on account (which is sent by email or can also be included in our notification of order acceptance).
§ 5 Delivery conditions
(1) We will dispatch the goods to the customer by the latest the shipment date visible on the respective offer page of the order (day of the handover of the good from us to the shipping company). If no shipment date is listed, goods that are shown as “in stock” will be shipped by the latest on the third business day. This deadline is decisive for the shipment date and is triggered (a) if the shipment is agreed against prepayment, on the day the complete purchase price has been received (including VAT and shipment fees) or (b) if payment by cash on delivery or on account was agreed on, on the day the purchasing agreement is concluded.
(2) We are authorized to dispatch partial shipments of orders that include separately useable products, although we will cover the additional shipment fees subsequently caused.
§ 6 Self-supply clause and retention of title
(1) In the event that we are unable to ship or unable to punctually ship an ordered article after a contract has been concluded with you, despite having concluded a corresponding purchase contract with a supplier prior to the contract conclusion, we are authorized to withdraw from the obligation to deliver. In such a case we are obligated to promptly inform you of the item’s unavailability and to refund you any potentially rendered return service.
(2) The title of the supplied article is only transferred to you once you have made the entire payment of the purchasing price (retention of title).
§ 7 Cancellation right
(1) If you are a consumer, you are entitled to a cancellation right according to the statutory provisions.
(2) The regulations that are individually specified in the following apply to the cancellation right.
You are not entitled to the cancellation right according to the legal provisions for contracts concerning
− the delivery of goods, that are not prefabricated and for whose manufacture, the custom selection or specification by the consumer is critical or which is clearly tailored to the personal needs of the consumer,
− the delivery of goods, which quickly spoil or whose expiration date is quickly exceeded,
− the delivery of sealed goods, which are not suited for return due to health protection or hygiene reasons, if their seal has been removed after delivery,
− the delivery of goods, if these have been inseparably mixed with other goods due to their composition or condition after delivery,
− the delivery of alcoholic beverages, whose price was agreed on at the contract conclusion, which however can only be delivered at the earliest 30 days after the contract conclusion and whose current value depends on the market fluctuations, which the entrepreneur has no influence on,
− the delivery of sound or video recordings or computer software in a sealed package, if the seal has been broken after delivery,
− the delivery of newspaper, magazines or illustrated magazines with the exception of subscription contracts.
§ 8 Material flaws and defects of title, examination and reporting obligations for entrepreneurs
(1) In the case of possible material flaws or defects of title of the delivered articles, you are entitled to all rights that exist according to the statutory provisions, however not the stipulation that the limitations and exclusions envisioned in § 9 apply for claims to payment of damages or compensation.
(2) A possible seller warranty issued by us for certain articles applies in addition to the entitlements concerning material flaws of defects of title in terms of para. 1.
(3) The following only applies for entrepreneurs: The customer shall promptly inspect the good upon delivery for any flaws. The delivered good is seen as approved by the customer, if a defect is not reported to us (i) within 5 business days of delivery in the case of obvious defects or otherwise (ii) within five business days after discovering the defect.
§ 9 Liability
(1) We are liable to you in all cases of contractual and non-contractual liabilities for the payment of damages or compensation for futile efforts in the case of willful intent or gross negligence according to the legal specifications.
(2) In other cases, we are liable – unless differently regulated in para. 3 – only for violations of a contractual duty, whose fulfilment itself enables the proper execution of the contract and the fulfilment of which you, as a customer, can regularly rely on (so-called cardinal obligations), and, specifically, without limitation for the compensation of the foreseeable and typical damage. In all other cases, our liability is precluded, while conditional on the regulations in para. 3.
(3) Our liability, regarding quality guarantee and the product liability law, for damages stemming from the injury of life, body or health remains unaffected by the above-mentioned liability limitations and exclusions.
§ 10 Data protection
(1) We are permitted to process and store the data concerning the respective purchase agreements, as long as this is necessary for the execution and processing of the purchasing agreement and to the extent that we are required to store these data according to legal provisions.
(2) For the contract processing, it is necessary to forward the personal customer data to commissioned transport companies. We will not forward personal customer data to uninvolved third parties without the explicitly declared approval of the customer, unless we are compelled to disclose the data for legal reasons.
(3) The collection, transmission or other processing of personal data for purposes other than those listed in § 10 is not permitted.
§ 11 Applicable law and court of jurisdiction, severability clause
(1) The laws of the Federal Republic of Germany apply while excluding the UN Sales Convention. If you have placed the order as a consumer and reside in a different country at the time of the order placement, then the application of mandatory legal provisions of this country remains unaffected by the law chosen in line 1.
(2) If the customer is a merchant in terms of § 1 para. 1 of the German Commercial Code (HGB), a legal person under public law or a special fund under public law, then the course in Dusseldorf is exclusively responsible for disputes based on or in connection with the concerned contractual relationship.
§ 12 Alternative settlement of disputes
Alternative settlement of disputes in accordance with article 14 paragraph 1 ODR-VO and § 36 VSBG: the European Commission provides a platform for online dispute resolution (OS), which you can access here: http://ec.europa.eu/consumers/odr/. We are neither required nor willing to participate in a dispute resolution process before a consumer resolution body.