General terms and conditions of business
Conditions within the framework of all contracts for the purchase of goods which are concluded via the web shop platform http://www.kitsandparts.eu between
Kits and Parts Europa
Kurt-Schumacher-Ring 3
65197 Wiesbaden
- hereinafter referred to as "Provider" -
and the customer
- hereinafter referred to as "Customer"
.
§ 1 Scope and definitions
1. The legal relationship between the provider and the customer is exclusively governed by the following general terms and conditions in the version valid at the time of the order. Any differing general terms and conditions of the customer do not apply and are not recognized unless the provider expressly agrees to their validity in writing.
2. The offer for the products applies equally to consumers and entrepreneurs as end users. A consumer is any customer as a natural person, provided that the ordered deliveries and services cannot be attributed to a commercial purpose or an independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, is acting in the exercise of their commercial or independent professional activity.
§ 2 Conclusion of the contract
1. The customer can select products from the provider's range, in particular radio and WLAN electronics, and collect them in a so-called "shopping cart" using the "Add to shopping cart" button. By clicking the "Order for a fee" button, the customer submits a binding purchase offer for the goods in the shopping cart. Before submitting the order, the customer can change and view the data and the products he has collected so far in the shopping cart at any time. However, the purchase offer can only be submitted and transmitted if the customer checks the "Accept general terms and conditions" and/or the "Accept data protection declaration" checkbox, thereby accepting these contractual conditions and thereby including them in his purchase offer with full knowledge and consent.
2. The provider then sends the customer an automated confirmation of receipt of the order by email, in which the customer's order is reproduced in full and which the customer can print out using their own printer by clicking on the "Print" button. The automated confirmation of receipt only serves to document that the customer's order has been received by the provider and does not in itself constitute acceptance of the customer's purchase offer. The contract is concluded when the ordered goods are delivered to the customer.
§ 3 Retention of title and delivery
1. The delivered goods remain the property of the provider until full payment has been made.
2. Delivery time is 3-5 days (within Germany) unless otherwise stated.
3. If not all ordered products are in stock, the provider is entitled to make partial deliveries, provided this is reasonable for the customer.
4. If delivery of the goods fails despite three delivery attempts, the provider can withdraw from the contract. Any payments made will be refunded to the customer immediately.
5. If the ordered product is not available through no fault of the provider, the provider can withdraw from the contract. In this case, the customer will be informed immediately and, if necessary, the delivery of a comparable product will be suggested. If no comparable product is available or the customer does not want a comparable product to be delivered, the provider will immediately reimburse the customer for any consideration already provided.
§ 4 Prices and shipping costs
1. The prices shown in this shop are final prices plus shipping costs. In accordance with Section 19 UStG, no sales tax is charged and therefore not shown.
2. The corresponding shipping costs are stated separately to the customer in the order form and are to be borne by the customer unless the customer exercises his right of cancellation. For some goods which cannot be sent using the usual shipping methods due to their nature, shipping costs are incurred individually depending on the distance to the delivery location .
3. The goods are shipped by post, DHL, etc. unless otherwise stated. The shipping costs are fixed prices and refer to shipping within the Federal Republic of Germany and abroad. The shipping risk is borne by the provider if the customer is a consumer.
§ 5 Terms of payment
1. The customer can pay in advance or via Paypal .
2. The purchase price is due for payment immediately upon conclusion of the contract.
3. If the customer chooses to pay in advance, he is obliged to refund the purchase price immediately after conclusion of the contract.
§ 6 Warranty for material defects, guarantee
1. The provider is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. For businesses, the warranty period for items delivered by the provider is 12 months.
2. An additional guarantee only exists for the goods delivered by the provider if this was expressly stated in the order confirmation for the respective article.
§ 7 Liability
1. The customer's claims for damages are excluded. Excluded from this are claims for damages by the customer resulting from injury to life, body or health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract.
2. In the event of a breach of essential contractual obligations, the provider shall only be liable for the damage that is typical for the contract and foreseeable if this was caused by simple negligence, unless the customer has claims for damages resulting from injury to life, body or health.
3. The restrictions in paragraphs 1 and 2 also apply to the benefit of the provider’s legal representatives and vicarious agents if claims are asserted directly against them.
4. The provisions of the Product Liability Act remain unaffected.
5. Given the current state of technology, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. The provider is therefore not liable for the constant or uninterrupted availability of the website and the services offered there.
6. Insofar as the Internet offers refer to or link to third-party websites, no guarantee or liability is assumed for the accuracy or completeness of the content and the data security of these websites. Since the provider has no influence on the compliance with data protection regulations by third parties, the customer should check the respective data protection declarations separately.
§ 9 Cancellation policy
Valid for transactions for exclusively private purposes with natural persons.
You have the right to cancel the purchase contract within 14 days without giving any reason. The cancellation period is 14 days from the day on which you or a third party other than the carrier designated by you takes possession of the goods.
To exercise your right of cancellation, you must notify us:
Kits and Parts Europe
Kurt-Schumacher-Ring 3
65197 Wiesbaden
Tel. +496112409551
E-mail: kitsandparts.eu@gmail.com
by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to cancel the contract. You can use the attached model cancellation form for this purpose, but this is not mandatory.
To meet the cancellation deadline, it is sufficient that you send your notification of exercising your right of cancellation before the cancellation period has expired.
Consequences of cancellation
If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choosing a different type of delivery than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier. You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us that you have cancelled this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period.
You will bear the direct cost of returning the goods .
You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.
End of the cancellation policy
Non-existence of the right of cancellation
- for contracts for the supply of goods which are not prefabricated and for whose production an individual selection or determination by the consumer is decisive or which are clearly tailored or manufactured to the personal needs of the consumer;
- for the supply of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery.
Cancellation form
(If you want to cancel the contract, please fill out this form and send it back.)
To
Kits and Parts Europa
Kurt-Schumacher-Ring 3
65197 Wiesbaden
Phone +496112409551
Email : kitsandparts.eu@gmail.com
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods:From invoice no .:
Ordered on (*)/received on (*):Name of the consumer(s):Address of the consumer(s):Signature of the consumer(s):(only if notification is on paper)
Date:(*) Delete as appropriate.
§ 10 Information on battery disposal
In connection with the sale of batteries or the delivery of devices containing batteries, the supplier is obliged to inform the customer of the following:
1. The customer is legally obliged to return used batteries as an end user. He can return old batteries that the provider has or has had in its range as new batteries free of charge to the provider's shipping warehouse (shipping address). Batteries and rechargeable batteries must not be disposed of in household waste. The symbols shown on the batteries have the following meaning: [image battgstickers ]
2. The symbol according to §17 paragraph 1 BattG and the symbols according to §17 paragraph 3 BattG have the following meaning:
Pb = battery contains more than 0.004 percent by weight of leadCd = battery contains more than 0.002 percent by weight of cadmiumHg = battery contains more than 0.0005 percent by weight of mercury
§ 11 Radio equipment
It is expressly pointed out that when operating devices - in particular radio systems and telecommunications terminal equipment - the respective legal provisions of the state in which the device is put into operation must be observed by the operator exclusively and under his sole responsibility. In particular, it is pointed out that the operation of radio systems and telecommunications terminal equipment that bear the CE mark, comply with the requirements of EC Directive 1999/5/EC and use frequencies is generally only permitted within the framework of a legal or official frequency allocation (frequency usage permit), for the existence of which the operator is exclusively and solely responsible.
§ 12 EU platform for dispute resolution
Since 2016, the European Commission has offered a platform that helps consumers resolve disputes with online retailers (ODR platform). The Kits and Parts Europe
is obliged to participate in this dispute resolution platform. The email address for contact in such cases is "kitsandparts.eu@gmail.com". The web address of the EU Commission's ODR platform is www.ec.europa.eu/consumers/odr
§ 13 Final provisions
1. Contracts between the provider and the customer are subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. Consumers who have their habitual residence abroad can, despite the above regulation on choice of law, rely on the law of the state in which they have their place of residence.
2. If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.
3. Even if individual points are legally invalid, the remaining parts of the contract remain binding. The invalid points will be replaced by the statutory provisions, if any. However, if this would represent an unreasonable hardship for one of the contracting parties, the contract will be invalid as a whole.