Contractual conditions in the context of purchase contracts via the platform
A brand of KAIKAI GmbH
Tel .: + 49-89-416 15 78 7
represented by the managing directors Christian Jaeger and Tim Wichmann
– hereinafter referred to as “provider” –
the customer specified in § 2 of the contract
– hereinafter referred to as “customer” –
§ 1 Scope, Definitions
(1) For the business relationship between the webshop provider (hereinafter “provider”) and the customer (hereinafter referred to as “customer”), the following terms and conditions apply exclusively in the version valid at the time of the order. Deviating terms and conditions of the customer are not accepted, unless the supplier expressly agrees to their validity in writing. The terms and conditions may be stored and / or printed for the purpose of the order.
(2) The customer is a consumer insofar as the purpose of the ordered deliveries and services can not be attributed predominantly to his commercial or independent professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, in concluding the contract, is exercising his commercial or independent professional activity.
§ 2 Conclusion of contract
(1) The customer can select products from the assortment of the supplier, in particular in different variants and collect them via the button “add to cart” in a so-called shopping cart. All information on the goods and prices before conclusion of the contract are non-binding. The product illustrations do not always have to match the appearance of the delivered products. In particular, there may be changes in appearance. Product images on the website may have different colors compared to the original. These color differences to the original can be caused by the screen settings of the computer used.
(2) Via the button “order with payment” the customer makes a binding request to buy the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time. However, the application can only be submitted and transmitted if the customer has accepted these terms and conditions by clicking on the button “Accept terms and conditions” and thereby included in his application.
(3) The provider then sends the customer an automatic confirmation of receipt by e-mail, in which the customer’s order is listed again and the customer can print out the function “Print”. The automatic acknowledgment of receipt merely documents that the customer’s order has been received by the supplier and does not constitute acceptance of the request. The contract is only concluded upon submission of the declaration of acceptance by the provider, which is sent with a separate e-mail (order confirmation). In this e-mail or in a separate e-mail, but at the latest on delivery of the goods, the contract text (consisting of order, terms and order confirmation) will be sent to the customer by us on a durable medium (e-mail or paper printout) (contract confirmation ). The text of the contract is saved while maintaining data protection.
(4) The contract is concluded in German.
§ 3 delivery, availability of goods
(1) Delivery times specified by the supplier are calculated from the time of the order confirmation, provided that the purchase price is paid in advance (except when purchasing the invoice). If no or no different delivery time is specified for the respective goods in the online shop, it is 14 days.
(2) If no copies of the product selected by him are available at the time of the customer’s order, the supplier shall inform the customer immediately in the order confirmation. If the product is permanently not available, the provider looks from a declaration of acceptance. A contract is not concluded in this case.
(3) If the product designated by the customer in the order is only temporarily unavailable, the supplier shall 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, the provider is entitled to withdraw from the contract. In doing so, he will immediately reimburse any payments already made by the customer.
§ 4 Retention of title
The goods delivered to the customer remain the property of PRAEP by KAIKAI GmbH until the complete settlement of all claims against the supplier (reserved goods).
In the case of access by third parties – in particular by bailiffs – to the reserved goods, the customer will point out the ownership of PRAEP by KAIKAI GmbH and notify them immediately so that PRAEP by KAIKAI GmbH can enforce its ownership rights. Insofar as the third party is not in a position to reimburse PRAEP by KAIKAI GmbH for any judicial or extrajudicial costs incurred in this connection, the customer shall be liable for this.
In the event of breach of contract by the purchaser – in particular in the case of default of payment – PRAEP by KAIKAI GmbH is entitled to withdraw from the contract and to demand the reserved goods.
§ 5 prices and shipping costs
(1) All prices, which are indicated on the website of the offerer, are inclusive of the valid legal value added tax.
(2) The corresponding shipping costs are specified to the customer in the order form and are to be borne by the customer, as far as the customer does not exercise his right of withdrawal. In the case of an order as a dealer, the supplier delivers from an order of € 150.00 to the customer free shipping. Incidentally, the supplier delivers free shipping from an order of € 100.00 to the customer.
(3) The goods are shipped by post. The shipping risk is borne by the provider if the customer is a consumer.
(4) In case of a cancellation, the customer has to bear the direct costs of the return.
§ 6 Payment modalities
(1) The customer can make payment by bank transfer, Sofortüberweisung, PayPal, Amazon Payments, Visa and MasterCard.
(2) The customer can change the payment method stored in his user account at any time.
(3) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of the payment is determined according to the calendar, the customer is already in default by default of the appointment. In this case, he has to pay the provider default interest in the amount of 5 percentage points above the base rate.
(4) The obligation of the customer to pay default interest does not exclude the assertion of further damages caused by delay by the provider.
§ 7 Warranty, Warranty
(1) The provider is liable for material defects in accordance with the relevant statutory provisions, in particular §§ 434 ff. BGB. Compared with entrepreneurs, the warranty period for goods delivered by the supplier is 12 months.
(2) An additional guarantee exists for the goods delivered by the supplier only if this was explicitly stated in the order confirmation for the respective article.
§ 8 Liability
(1) Claims of the customer for damages are excluded. This does not apply to claims for damages of the customer resulting from injury to life, limb, health or material contractual obligations (cardinal obligations) as well as liability for other damages based on intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents , Significant contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
(2) In the event of a breach of essential contractual obligations, the provider shall only be liable for the contractually typical, foreseeable damage if this was simply caused by negligence, unless it concerns claims for damages of the customer resulting from injury to life, limb or health.
(3) The limitations of paragraphs 1 and 2 shall also apply in favor of the legal representatives and vicarious agents of the provider, if claims are asserted directly against them.
(4) The provisions of the Product Liability Act remain unaffected.
§ 9 Cancellation Policy
(1) When concluding a distance selling transaction, consumers generally have a statutory right of revocation, which the provider subsequently informs in accordance with the statutory model.
The exceptions to the right of withdrawal are regulated in paragraph (2). Paragraph (3) contains a sample withdrawal form.
You have the right to withdraw from this contract within fourteen days without giving reasons.
The cancellation period is fourteen days from the date on which you or a third party named by you, who is not the carrier, has taken possession of the goods.
In order to exercise your right of withdrawal, you must inform us, the PRAEP by KAIKAI GmbH – Wilhelm-Riehl-Strasse 13, D-80687 Munich by means of a clear statement (eg a letter sent by post, fax or e-mail) about your decision, this Revoke contract, inform. You can use the attached model withdrawal form, which is not required.
In order to maintain the cancellation period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the cancellation
If you withdraw from this Agreement, we have selected all payments we have received from you, including delivery charges (except for the additional costs arising from your choosing a different delivery method than the standard delivery offered by us have to repay immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for this repayment fees.
We may refuse to repay you 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 the goods to us immediately and in any event not later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the deadline of fourteen days.
You bear the immediate costs of returning the goods.
You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functioning of the goods.
(2) The provider informs about the model withdrawal form according to the legal regulation as follows:
Model withdrawal form
(If you want to cancel the contract, then please fill in this form
and send it back.)
RK Logistics e.Kfm.
D-82538 Geretsried – Gelting
I / we (*) hereby revoke the contract concluded by me / us (*)
about the purchase of the following goods
Ordered on (*) / received on (*) _________________
Name of the consumer (s) _________________
Address of the consumer (s) _________________
Date and signature of the consumer (s) (only when notified on paper)
(*) Delete as appropriate
§ 10 Notes on data processing
(1) The provider collects data from the customer as part of the processing of contracts. He observes in particular the regulations of the Federal Data Protection Act and the Telemedia Act. Without the consent of the customer, the provider will only collect, process or use the customer’s inventory and usage data, insofar as this is necessary for the execution of the contractual relationship and for the use and billing of telemedia.
(2) Without the consent of the customer, the provider will not use the customer’s data for advertising, market or opinion research purposes.
§ 11 Final provisions
(1) Contracts between the provider and the customer shall be governed by the law of the Federal Republic of Germany under exclusion of the UN Sales Convention.
(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 domicile of the provider.
(3) The contract remains binding even in the case of legal ineffectiveness of individual points in its remaining parts. In place of the ineffective points, if available, the statutory provisions.