Terms & Conditions

General terms and conditions with customer information

Table of contents

Scope of application

Conclusion of contract

Right of withdrawal

Prices and payment terms

Delivery and shipping conditions

Retention of title

Liability for defects (warranty)

Liability

Applicable law

Place of jurisdiction

Alternative dispute resolution

1) Scope of application

1.1 These general terms and conditions (hereinafter "GTC") of KAYOLI Inh. Oliver Kalz e.K. (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller with regard to the goods presented by the Seller in his online shop. The inclusion of the Customer's own terms and conditions is hereby contradicted, unless otherwise agreed.

1.2 These GTC apply accordingly to contracts for the delivery of goods with digital elements, unless otherwise regulated. In addition to delivering the goods, the seller is obliged to provide digital content or digital services (hereinafter referred to as "digital products") that are included in or connected to the goods in such a way that the goods cannot fulfill their functions without them.

1.3 A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that can predominantly not be attributed to their commercial or independent professional activity.

1.4 An entrepreneur within the meaning of these terms and conditions is a natural or legal person or a partnership with legal capacity that, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity.

2) Conclusion of contract

2.1 The product descriptions contained in the seller's online shop do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.

2.2 The customer can submit the offer using the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contract offer in relation to the goods contained in the shopping cart by clicking on the button that concludes the ordering process. The customer can also submit the offer to the seller by email.

2.3 The seller can accept the customer's offer within five days,

by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby receipt of the order confirmation by the customer is decisive, or

by delivering the ordered goods to the customer, whereby receipt of the goods by the customer is decisive, or

by requesting payment from the customer after placing the order.

If several of the aforementioned alternatives apply, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends on the expiry of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent.

2.4 When submitting an offer via the seller's online order form, the contract text is saved by the seller after the contract has been concluded and sent to the customer in text form (e.g. email, fax or letter) after the order has been sent. The seller does not make the contract text accessible beyond this. If the customer has set up a user account in the seller's online shop before submitting his order, the order data is archived on the seller's website and can be accessed free of charge by the customer via his password-protected user account by entering the relevant login data.

2.5 Before bindingly submitting the order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the browser's zoom function, which helps to enlarge the display on the screen. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that completes the ordering process.

2.6 Different languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.

2.7 The best

Order processing and contact are usually carried out by email and automated order processing. The customer must ensure that the email address provided by him for order processing is correct so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or third parties commissioned by the seller to process the order can be delivered.

3) Right of withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the seller's cancellation policy.

4) Prices and payment terms

4.1 Unless otherwise stated in the seller's product description, the prices stated are total prices that include statutory sales tax. Any additional delivery and shipping costs are stated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also arise in relation to the transfer of money if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

4.3 The payment option(s) will be communicated to the customer in the seller's online shop.

4.4 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

5) Delivery and shipping conditions

5.1 If the seller offers to ship the goods, delivery will be made within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive.

5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the costs of sending the goods if the customer effectively exercises his right of withdrawal. If the customer effectively exercises his right of withdrawal, the provisions in the seller's cancellation policy apply to the return costs.

5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the seller has delivered the goods to the freight forwarder, the carrier or the person or institution otherwise designated to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold generally only passes to the customer when the goods are handed over to the customer or a person authorized to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer, even in the case of consumers, as soon as the seller has delivered the item to the forwarding agent, the freight carrier or the person or institution otherwise designated to carry out the shipment, if the customer has commissioned the forwarding agent, the freight carrier or the person or institution otherwise designated to carry out the shipment to carry out the shipment and the seller has not previously named this person or institution to the customer.

5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies if the non-delivery is not the responsibility of the seller and the seller has concluded a specific hedging transaction with the supplier with the necessary care. The seller will make all reasonable efforts to procure the goods. In the event of the goods not being available or only partially available, the customer will be informed immediately and the consideration will be refunded immediately.

5.5 If the seller offers the goods for collection, the customer can collect the ordered goods from the address provided by the seller during the business hours specified by the seller. In this case, no shipping costs will be charged.

6) Retention of title

If the seller makes advance payments, he reserves title to the delivered goods until the purchase price owed has been paid in full.

7) Liability for defects (warranty)

Unless otherwise stated in the following provisions, the provisions apply.

The following applies to contracts for the delivery of goods:

7.1 If the customer acts as an entrepreneur,

the seller has the choice of the type of subsequent performance;

for new goods, the limitation period for claims for defects is one year from delivery of the goods;

for used goods, the rights to defects are excluded;

the limitation period does not start again if a replacement delivery is made within the scope of liability for defects.

7.2 If the customer acts as a consumer, the following applies to contracts for the delivery of used goods with the restriction of the following paragraph: The limitation period for claims for defects is one year from delivery of the goods if this was expressly and separately agreed between the parties in the contract and the customer was specifically informed of the shortening of the limitation period before submitting his contractual declaration.

7.3 The liability limitations and deadline reductions set out above do not apply

to the customer's claims for damages and reimbursement of expenses,

in the event that the seller has fraudulently concealed the defect,

for goods that have been used for a building in accordance with their usual use and have caused its defectiveness,

for any existing obligation of the seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.

7.4 In addition, for entrepreneurs, the statutory limitation periods for any existing statutory recourse claim remain unaffected.

7.5 If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he is subject to the commercial obligation to inspect and give notice of defects in accordance with Section 377 of the German Commercial Code (HGB). If the customer fails to comply with the notification obligations set out therein, the goods are deemed to have been approved.

7.6 If the customer acts as a consumer, he is asked to complain to the deliverer about goods that have been delivered and that have obvious transport damage and to inform the seller of this. If the customer does not do so, this will have no effect on his legal or contractual claims for defects.

8) Liability

The seller is liable to the customer for all contractual, quasi-contractual and legal, including tortious claims for damages and reimbursement of expenses as follows:

8.1 The seller is liable without limitation for any legal reason

in the event of intent or gross negligence,

in the event of intentional or negligent injury to life, body or health,

due to a guarantee promise, unless otherwise regulated in this regard,

due to mandatory liability such as under the Product Liability Act.

8.2 If the seller negligently breaches a material contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless unlimited liability is assumed in accordance with the above paragraph. Essential contractual obligations are obligations which the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the customer can regularly rely.

8.3 Otherwise, the seller's liability is excluded.

8.4 The above liability regulations also apply with regard to the seller's liability for his vicarious agents and legal representatives.

9) Applicable law

The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international sale of movable goods. For consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.

10) Place of jurisdiction

If the customer acts as a merchant, legal entity under public law or special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business. If the customer is based outside the territory of the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is in any case entitled to appeal to the court at the customer's place of business.

11) Alternative dispute resolution

11.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online sales or service contracts in which a consumer is involved.

11.2 The seller is obliged to participate in

neither obliged nor willing to enter into dispute settlement proceedings before a consumer arbitration board.