General terms and conditions | kite-elements.com
The following terms and conditions apply to all sales, contracts, deliveries and other services of the company Kite-elements. For these and all subsequent transactions with the buyer, the following conditions apply exclusively.
Other terms and conditions of the buyer are not valid, unless they are individual agreements. Our conditions are valid at the latest with the acceptance of the goods by the buyer as accepted, in particular by telephone order.
Deviating regulations of the contracting party we expressly contradict. All additional agreements require a written confirmation from us. Counter-confirmations referring to own business or purchase conditions are not accepted.
With your order, you acknowledge the validity of these terms and conditions.
2 Conclusion of contract, availability of goods, contract language
The presentation of the products in the online shop is not a legally binding offer, but a non-binding product presentation dar. By placing an order you make a binding offer to conclude a purchase contract. This by post, by e-mail, by fax or via the order form. The latter, by adding the respective items to the cart and after entering your personal data and after the choice of shipping and payment finally send the order. During this order you can correct all entries continuously. In addition, your entries will be summarized again before submitting the order and can be edited / corrected thereafter.
We will confirm receipt of the order immediately and at the latest within one day after order by e-mail. Please note that this confirmation of receipt does not represent the acceptance of your offer but only serves your information. With the dispatch of the goods, we will send you a separate e-mail (order confirmation), by which we inform you about the shipment and within we accept your contract offer. Accordingly, you must ensure that the e-mail address provided by you for processing the order is correct and that you can receive emails sent by us. If necessary, please check your “Spam folder”.
If none of the selected products are available at the time of the customer’s order, we shall inform the customer immediately in the order confirmation. If an alternative item is available, we will alert the customer to this. If the product is permanently not available, we refrain from accepting an acceptance. A contract is not concluded in this case.
If the product designated by the customer in the order is only temporarily unavailable, we will inform the customer immediately in the order confirmation. In the event of a delivery delay of more than two weeks, the customer has the right to withdraw from the contract. Incidentally, in this case we are also entitled to withdraw from the contract. In doing so, he will immediately reimburse any payments already made by the customer.
Please note that the contract can only be concluded in German or English.
3 Payment arrangements
The customer pays the amount shown in EURO.
The prices indicated on our homepage are valid only for orders over the Internet.
The following payment methods are available in our shop:
Transfer / prepayment
For advance payment we send you our bank details in the order confirmation and deliver the goods after receipt of payment.
You pay the invoice amount via the online provider Paypal. You must be registered there. First register, legitimize with your access data and confirm the payment order to us (except guest access if necessary). You’ll get more information during the ordering process
4 Delivery terms
Shipping of all goods via UPS or DHL.
In addition to the stated product prices shipping costs are added. The corresponding shipping costs, as well as information about taxes and costs, which are charged by Kite-Elements.com, will be communicated to you during the ordering process. For all shipments to other EU countries and other third countries, the actual shipping costs will be added after filling in your delivery address. About incidental customs or import costs / taxes inform yourself in advance.
5 Retention of title
Until full payment, the delivered goods remain the property of the provider.
6 Right of withdrawal
Consumers have a fourteen-day withdrawal.
6.1 You can cancel your contract within 14 days without giving reasons in written form. (eg letter, fax, e-mail)
The period begins after receipt of this instruction in text form, but not before receipt of the goods at the recipient (in the case of recurrent delivery of similar goods not before receipt of the first partial delivery).
To maintain the cancellation period, the timely dispatch of the revocation or the thing is sufficient. The revocation must be sent to:
6.2 In the case of an effective revocation, the mutually received benefits shall be returned and any benefits (such as interest) incurred. If you can not give us back or give us the received performance as well as usages (eg use advantages) or only partially or only in a deteriorated condition, you have to pay us compensation.
For the deterioration of the thing and for drawn uses, you only have to pay compensation if the use or the deterioration is due to a handling of the thing, which goes beyond the examination of the characteristics and the functioning. The term “testing the properties and the mode of operation” means testing and trying out the respective goods, as is possible and customary in a shop, for example.
Transportable items are to be returned at our risk. You have to bear the cost of returning.
6.3 Please avoid damage and contamination. If possible, send the goods back to us in their original packaging with all accessories and all packaging components.
If necessary, use a protective outer packaging. If you no longer have the original packaging, please provide suitable packaging for sufficient protection against damage in transit in order to avoid claims for damages due to defective packaging.
6.4 Please send the goods back to us as a prepaid package and keep the delivery receipt.
6.5 Please call us before returning – phone number 0049/176 86751938 to announce the return. In this way, you enable us to assign the products as quickly as possible.
6.6 Return costs on exercise of the right of withdrawal remains with the buyer.
If you make use of your statutory right of cancellation (see cancellation policy), you have to bear the regular costs of the return.
7 Damage in transit
If goods are delivered with obvious transport damage, please complain about such errors as soon as possible to the deliverer and please contact us immediately. The failure to file a complaint or contact has no consequences for your statutory claims and their enforcement, in particular your warranty rights. However, they help us claim our own claims against the carrier or transport insurance.
8 Warranty and Guarantees
Unless otherwise expressly agreed otherwise, the statutory warranty rights apply.The limitation period for claims for defects amounts to one year from delivery of the goods.The above limitations and shortened terms do not apply to claims due to damages caused by us, our legal representatives or vicarious agents in the event of injury to life, body or health in case of intentional or grossly negligent breach of duty as well as malpractice in case of breach of essential contractual obligations, the fulfillment of which proper execution of the contract in the first place and on the compliance of which the contracting party may regularly rely (cardinal obligations) within the framework of a guarantee promise, insofar as the scope of application of the Product Liability Act has been opened. Information on any applicable additional guarantees and their exact conditions can be found in the product and on special information pages in the online shop.
9 Place of jurisdiction and choice of law
If you are a merchant, a legal entity under public law or a special fund under public law, then Greifswald is the exclusive place of jurisdiction for all disputes arising from and in connection with this contractual relationship.
The law of the Federal Republic of Germany applies, excluding the laws on the international purchase of movable goods. Mandatory provisions of the state in which you have your habitual residence remain unaffected. Alternative dispute resolution pursuant to Art. 14 para. 1 ODR-VO and § 36 VSBG:The European Commission provides an online dispute resolution (OS) platform available at https://ec.europa.eu/consumers/odr . We are not obligated and unwilling to participate in a dispute settlement procedure before a consumer arbitration board.