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.
4.1 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:
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, email@example.com, 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, firstname.lastname@example.org, 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)
(*) 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.
8.1 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.