General Terms and Conditions
1. scope of application
The following GTC apply to all orders placed via our online store http://www.kashmar.de by consumers and entrepreneurs.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.
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 their commercial or independent professional activity.
The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they shall only become part of the contract if we have expressly agreed to them.
2 Contractual partner, conclusion of contract, correction options
The purchase contract is concluded with Alsterbrand GmbH.
By placing the products in the online store, we submit a binding offer to conclude a contract for these items.
You can initially place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained for this purpose in the order process.
The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking the order button.
Immediately after sending the order, you will receive another confirmation by e-mail.
3. contract language, contract text storage
The language(s) available for the conclusion of the contract: German We save the text of the contract and send you the order data and our GTC in text form.
You can view the text of the contract in our customer login.
4. terms of delivery
Shipping costs may apply in addition to the indicated product prices.
You can find out more about any shipping costs in the offers.
We only deliver by mail order.
Unfortunately, it is not possible to collect the goods yourself.
5. payment
The following payment methods are available in our store: Credit card Enter your credit card details during the ordering process.
Your card will be charged immediately after you place your order. SEPA direct debit When you place your order, you give us a SEPA direct debit mandate.
We will inform you of the date of the account debit at least one bank business day in advance (so-called prenotification).
A bank business day is any working day with the exception of Saturdays, national public holidays and December 24 and 31 of each year.
The account is debited before the goods are dispatched. PayPal In order to be able to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), you must be registered with PayPal, legitimize yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after the order is placed. You will receive further instructions during the ordering process. Sofort by Klarna In order to be able to pay the invoice amount via the payment service provider Sofort GmbH, Theresienhöhe 12, 80339 Munich, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment instruction.
Your account will be debited immediately after placing the order.
You will receive further instructions during the ordering process. giropay / paydirekt In cooperation with the payment service provider paydirekt GmbH, Stephanstr.
14-16, 60313 Frankfurt a. M. (“giropay” or “paydirekt”), we offer the payment methods giropay and paydirekt. giropay To be able to pay the invoice amount via giropay, you must have a bank account activated for online banking, legitimize yourself accordingly and confirm the payment instruction.
Your account will be debited immediately after placing the order.
You will receive further information in the order process. paydirekt To be able to pay the invoice amount via paydirekt, you must have a bank account activated for online banking, be registered with paydirekt, legitimize yourself with your access data and confirm the payment instruction.
The payment transaction is carried out immediately after placing the order.
You will receive further instructions during the ordering process. Invoice The invoice amount is due 14 days after receipt of the invoice and the goods by bank transfer to the bank account specified on the invoice.
We reserve the right to offer purchase on account only after a successful credit check.
6. right of withdrawal
Consumers are entitled to the statutory right of withdrawal as described in the withdrawal policy.
Entrepreneurs are not granted a voluntary right of withdrawal.
7. reservation of title
The goods shall remain our property until payment has been made in full.
For entrepreneurs, the following also applies: We reserve title to the goods until all claims arising from an ongoing business relationship have been settled in full.
You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale – irrespective of any combination or mixing of the goods subject to retention of title with a new item – in the amount of the invoice amount, and we accept this assignment.
You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations.
We shall release the securities to which we are entitled at your request to the extent that the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.
8 Warranty and guarantees
8.1 Liability for defects
Unless expressly agreed otherwise below, the statutory liability for defects shall apply.
The following restrictions and shortened deadlines do not apply to claims based on damage caused by us, our legal representatives or vicarious agents
- in the event of injury to life, limb or health
- in the event of intentional or grossly negligent breach of duty and fraudulent intent
- in the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
- within the framework of a guarantee promise, if agreed, or
- insofar as the scope of application of the Product Liability Act is opened.
Restrictions vis-à-vis entrepreneurs Only our own information and the manufacturer’s product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods vis-à-vis entrepreneurs; we assume no liability for public statements made by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for warranty claims for newly manufactured goods is one year from the transfer of risk. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected. Regulations vis-à-vis merchants The obligation to inspect and give notice of defects regulated in § 377 HGB (German Commercial Code) applies to merchants. If you fail to notify us as stipulated therein, the goods shall be deemed to have been approved, unless the defect was not recognizable during the inspection. This shall not apply if we have fraudulently concealed a defect.
8.2 Warranties and customer service
Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online store.
9. liability
We shall always be liable without limitation for claims based on damage caused by us, our legal representatives or vicarious agents
- in the event of injury to life, limb or health,
- in the event of intentional or grossly negligent breach of duty,
- for guarantee promises, if agreed, or
- insofar as the scope of application of the Product Liability Act is opened.
In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, our legal representatives or vicarious agents, liability shall be limited to the amount of damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.
10. dispute resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find here. We are not obliged or willing to participate in dispute resolution proceedings before a consumer arbitration board.
11. protection of minors
If your order includes goods whose sale is subject to age restrictions, we will use a reliable procedure including a personal identity and age check to ensure that the customer has reached the required minimum age. The deliverer will only hand over the goods after an age check has been carried out and only to the customer personally. Delivery to packing stations is not possible in this case.
12. final provisions
If you are an entrepreneur, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business. Terms and conditions created with the Trusted Shops legal text editor in cooperation with FÖHLISCH Rechtsanwälte.
