General Terms and Conditions of Kafloor Mats GmbH for kafloor.com
1. SCOPE OF
APPLICATION
1.1 The following General Terms and Conditions (GTC) apply to all orders
placed via the online store by consumers and entrepreneurs.
A consumer is any natural person who enters into a legal transaction for
purposes that can predominantly be attributed neither to his commercial nor to
his independent professional activity. An entrepreneur is a natural or legal
person or a partnership with legal capacity who, when concluding a legal
transaction, acts in the exercise of his commercial or independent professional
activity.
1.2 Our GTC are also
available on our homepage www.kafloor.com.
1.3 The following shall apply to entrepreneurs: Deviating, conflicting or supplementary GTC of the customer shall not become part of the contract unless they are expressly confirmed in writing.
2. OFFER AND
CONCLUSION OF CONTRACT
2.1 The presentation of the products in the online store does not
constitute a legally binding offer, but merely an invitation to order.
2.2 The customer can initially place our products in the shopping cart
without obligation and change his entries at any time before sending his
binding order by using the change options provided and explained for this purpose
in the order process. By clicking the order button, the customer places a
binding order for the products contained in the shopping cart. The confirmation
of receipt of the order is sent by e-mail immediately after sending the order.
The time of the conclusion of the contract, depends on the payment method
chosen by the customer:
- Credit
card: we
accept the customer's order by sending the declaration of acceptance with
a separate mail or by delivering the goods within two days.
- PayPal: In the ordering process you
will be redirected to the website of the provider PayPal. There you can
enter your data and confirm the payment instruction to PayPal. After
submitting the order in the online store, we request PayPal to initiate
the payment transaction and thereby accept the customer's offer.
- Sofort
by Klarna: After
submission of the order by the customer, he will be redirected to the
website of Sofort GmbH. Here the customer can confirm the payment
instruction. This brings about the contract with us.
- Giropay: After placing the order, the
customer is redirected to the website of his bank. There he can confirm
the payment instruction to his bank. This concludes the contract with us.
- Paydirekt: After placing the order, the
customer is redirected to the paydirekt website. There the customer can
confirm the payment instruction to paydirekt. After submission of the
order, we request paydirekt to initiate the payment transaction and
thereby accept the customer's offer.
2.3 The purchase contract is concluded with Kafloor Mats GmbH.
2.4 The German language is available for the conclusion of the contract.
We store the text of the contract and send the customer the order data and our
terms and conditions in text form. The customer can view the text of the
contract via "My Account" on our website.
3. PRICES AND PAYMENT
3.1 The prices quoted are gross prices including statutory VAT and other
price components.
3.2 We offer the following payment options to the customer:
Credit card: When placing the order, the
customer enters his credit card details. After legitimation of the customer as
a legitimate cardholder, immediately after conclusion of the contract the
payment transaction is automatically carried out and the customer's card is
charged.
- PayPal: In the ordering process, the
customer is redirected to the PayPal website. In order to pay the invoice
amount via PayPal, the customer must be registered with PayPal or register
for the first time, legitimize himself with his payment data and confirm
the payment instruction. After submitting the order in the online store,
we request PayPal to initiate the payment transaction. The payment
transaction is automatically carried out by PayPal immediately afterwards.
The customer will receive additional information in the ordering process.
- Sofort
by Klarna: After
submitting the order, the customer will be redirected to the website of
Sofort GmbH. In order to be able to pay the invoice amount, the customer
must have a bank account activated for online banking, legitimize himself
and confirm the payment instruction. The customer will receive further
instructions in the order process. The payment transaction is carried out
immediately afterwards by Sofort GmbH and the customer's account is
debited.
- Giropay: After submitting the order,
the customer will be redirected to the website of his bank. In order to be
able to pay the invoice amount via Giropay, the customer must have a bank
account activated for online banking, legitimize himself and confirm the
payment instruction to us.
4. DELIVERY
4.1 Delivery is only within Germany. The delivery is free of shipping
costs.
4.2 We deliver only by mail order, a self-collection of the goods is not
possible.
5. RIGHT OF REVOCATION
AND CANCELLATION POLICY
5.1 Consumers have a 14-day right of withdrawal:
Cancellation policy
Consumers have a fourteen-day right of withdrawal.
You have the right to cancel this contract within fourteen days without
giving any reason. The withdrawal period is fourteen days from the day on which
you or a third party named by you, who is not the carrier, have taken or has
taken possession of the last goods.
To exercise your right of withdrawal, you must inform us (Kafloor Mats
GmbH, Johann-Gutenberg-Platz 1, 06773 Gräfenhainichen, Germany, shop@kafloor.de,
Phone: 034953 31-455 , Fax: 034953 31-459) by means of a clear declaration
(e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from
this contract. For this purpose, you may use the enclosed model withdrawal
form, which is, however, not mandatory.
In order to comply with the withdrawal period, it is sufficient that you
send the notification of the exercise of the right of withdrawal before the
expiry of the withdrawal period.
Consequences of the revocation
If you revoke this contract, we shall reimburse you all payments we have
received from you, including delivery costs (with the exception of additional
costs resulting from the fact that you have chosen a type of delivery other
than the most favorable standard delivery offered by us), without undue delay
and no later than within fourteen days from the day on which we received the
notification of your revocation of this contract. For this repayment, we will
use the same means of payment that you used for the original transaction,
unless expressly agreed otherwise with you; in no case will you be charged any
fees because of this repayment. 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 the earlier.
You must return or hand over the goods to us without undue delay and in any
case no later than within fourteen days from the day on which you notify us of
the revocation of this contract. The deadline is met if you send the goods
before the expiry of the period of fourteen days. We shall bear the costs of
returning the goods. You will only have to pay for any loss in value of the
goods if this loss in value is due to handling of the goods that is not
necessary for checking the condition, properties and functioning of the goods.
The right of withdrawal does not apply to the following contracts:
- Contracts
for the supply of goods that are not prefabricated and for the manufacture
of which an individual selection or determination by the consumer is decisive
or which are clearly tailored to the personal needs of the consumer.
Sample cancellation form
(If you want to revoke the contract, please fill out this form and send it
back).
- To Kafloor Mats GmbH, Johann-Gutenberg-Platz 1, 06773 Gräfenhainichen,
Germany, shop@kafloor.de, Fax: 034953 31-459
- I/we (*) hereby revoke the contract concluded by me/us (*) for the
purchase of the following
goods (*)/provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of consumer(s) (only in case of paper communication)
- Date(s)
(*) Delete where not applicable.
6. RESERVATION OF
TITLE
6.1 The delivered goods remain our property until full payment.
6.2 The following shall additionally apply to entrepreneurs: We shall
retain title to the delivered goods until full payment of all our claims to
which we are entitled from the current business relationship. The customer may
sell the goods subject to retention of title in the ordinary course of
business; the customer shall assign to us in advance all claims arising from
such resale in the amount of the invoice. We accept this assignment. The
customer remains authorized to collect the claims, however, we are also
entitled to collect the claims ourselves if the customer does not meet his
payment obligations.
7. WARRANTY AND CUSTOMER SERVICE
7.1 Unless otherwise expressly agreed, the statutory warranty for defects
shall apply..
7.2 The following shall apply vis-à-vis entrepreneurs: The limitation
period for claims for defects shall be one year from the transfer of risk. The
statutory limitation periods for the right of recourse according to § 445a BGB
shall remain unaffected.
7.3 We offer a telephone customer service. For this purpose, the
telephone hotline can be reached at the telephone number and times indicated on
our website.
8. LIABILITY
8.1 We shall be liable in accordance with the statutory provisions.
8.2 For claims based on damages caused by us, our legal representatives
or vicarious agents, we shall be liable without limitation
in the event of injury to life, limb or health,
in the event of intentional or grossly negligent breaches of duty,
in the event of the provision of guarantees, insofar as agreed, and
insofar as the scope of application of the Product Liability Act is opened.
In the event of a breach of material contractual obligations, the fulfillment
of which is a prerequisite for the proper execution of the contract and
compliance with which our contractual partner may regularly rely on (cardinal
obligations), due to slight negligence on our part, on the part of our legal
representatives or vicarious agents, the amount of liability shall be limited
to the damage foreseeable at the time of conclusion of the contract, the
occurrence of which must typically be expected. Otherwise, claims for damages
are excluded.
8.3 The following shall also apply to entrepreneurs: The risk of
accidental loss and accidental deterioration shall pass to the customer as soon
as we have delivered the item to the forwarding agent, the carrier or any other
person or institution designated to carry out the shipment. Among merchants,
the obligation to inspect and give notice of defects regulated in § 377 HGB
(German Commercial Code) shall apply.
9. PLACE OF
PERFORMANCE, JURISDICTION AND FINAL PROVISIONS
9.1 The following shall also apply to entrepreneurs: The risk of
accidental loss and accidental deterioration shall pass to the customer as soon
as we have delivered the item to the forwarding agent, the carrier or any other
person or institution designated to carry out the shipment. Among merchants,
the obligation to inspect and give notice of defects regulated in § 377 HGB
(German Commercial Code) shall apply.
9.2 The following shall apply vis-à-vis entrepreneurs: These GTC as well
as all purchase contracts concluded in accordance with these terms and
conditions shall be governed by German law to the exclusion of the UN
Convention on Contracts for the International Sale of Goods.
10. Online dispute
resolution
Alternative Dispute Resolution pursuant to Art. 14 (1) ODR Regulation:
The European Commission provides a platform for online dispute resolution
(OS), which you can find at http://ec.europa.eu/consumers/odr/. We are not
obliged or willing to participate in a dispute resolution procedure before a
consumer arbitration board.