General Terms and Conditions
Table of contents
1. Scope of Application
2. Conclusion of the Contract
3. Right of Revocation
4. Prices and Terms of Payment
5. Terms of Delivery and Shipment
6. Liability for Defects
7. Applicable law, Jurisdiction
8. Alternative Dispute Resolution
1) Scope of Application
1.1 These General Terms and Conditions of Business from “Kapps GmbH” (hereinafter referred to as “Vendor”) shall apply for all contracts concluded between a consumer or entrepreneur (hereinafter referred to as “Customer”) and the vendor with regard to goods and/or services presented in the online shop of the vendor. The inclusion of the conditions of the customer is hereby objected, unless agreed upon otherwise.
1.2 Consumers as defined by these General Terms and Conditions of Business are natural persons that conclude a transaction to a purpose that can neither be assigned to their commercial nor independent professional activity. Entrepreneurs as defined by these General Terms and Conditions of Business are either a natural person or legal entity or a company with legal capacity, which carries out commercial or independent professional activities on entering into a legal transaction.
2) Conclusion of the Contract
2.1 The product descriptions displayed in the online shop of the vendor do not represent binding offers of the vendor but serve the purpose of the submission of a contractually binding offer by the customer.
2.2 The customer can submit the offer via the online order form that is part of the vendor’s online shop. The customer hereby submits a legally binding contract offer in terms of the goods and/or services in the shopping cart after having put the selected goods and/or services into the virtual shopping cart and passed through the electronic order process by clicking on the button to conclude the ordering process. But the offer can be submitted and transferred only if the customer has accepted these contract conditions by clicking on “I have read the general terms and conditions of business and agree explicitly with them”.
2.3 The vendor can accept the offer of the customer within seven days,
- by sending a written order confirmation or an order confirmation as written text (fax or e-mail) to the customer, in which the receipt of the confirmation at the customer’s is relevant, or
- by delivering the ordered goods to the customer, in which the receipt of the goods at the customer’s is relevant, or
- by asking the customer to pay after having placed the order.
In any case, the vendor sends the customer an order confirmation with a note about how the general terms and conditions of the contract can be downloaded and printed via the “print” function.
If there are more of the aforementioned alternatives, the contract shall be concluded at the moment when one of the aforementioned alternatives takes effect first. If the vendor does not accept the offer of the customer within the aforementioned term, this shall be treated as having rejected the offer with the result that the customer shall not be bound to his/her declaration of intent.
2.4 If the customer choses "PayPal Express" as payment method in the context of the online ordering process, he also makes a payment order with his payment service provider by clicking on the button, which completes the ordering process. For this case, the seller, in deviation from point 2.3, already now declares the acceptance of the offer of the customer at the moment when the customer initiates the payment process by clicking on the button, which completes the ordering process.
2.5 The term to accept the offer shall begin on the day after sending the offer by the customer and shall terminate on expiry of the seventh day that follows the sending of the offer.
2.6 When submitting an offer via the vendor’s online order form, the wording of the contract shall be saved by the vendor and sent to the customer after the sending of his/her order together with the present General Terms and Conditions of Business in written form (e.g. e-mail, fax or letter). Additionally, the wording of the contract shall be archived on the web page of the vendor and can be called up free of charge by the customer by using the password protected customer account and entering the respective login data, provided that the customer had set up a customer account in the vendor’s online shop before sending the order.
2.7 Before sending the order via the vendor’s online order form, the customer can correct his/her entries continuously by means of the keyboard and mouse. Moreover, all entries shall be displayed in a confirmation screen and can be corrected by using the keyboard and mouse before submitting the binding order.
2.8 The conclusion of the contract shall be effected in English only.
2.9 The ordering process and contacting are usually carried out via e-mail and by automatized ordering processes. The customer has to ensure that the e-mail address indicated for the ordering process is correct so that the e-mails sent by the vendor shall be received. The customer has to ensure in particular that all mails sent by the vendor or by third parties commissioned with the ordering process by the vendor shall be received in case spam filters are used.
3) Right of revocation
3.1 In principle, consumers have the right of revocation.
3.2 Further information about the right of revocation shall be provided in the revocation information of the vendor.
4) Prices and Terms of Payment
4.1 The indicated prices of the vendor are all round prices and contain the statutory value added tax. If required, the additionally incurring delivery and shipping costs shall be indicated separately in the respective product details.
4.2 The customer shall be able to choose between different payment methods that are indicated on the vendor’s website.
4.3 Only those payment methods are available to the customer, which obligate him to a payment of the purchase price prior to delivery. The customer is entitled to pay merely 50% of the purchase price in advance. He is obligated to pay the remaining 50% of the purchase price only after receipt of the goods.
4.5 When choosing the payment method iDEAL, the customer shall authorize the bank, which is part of the iDEAL payment system, to carry out the payment order. After authorizing the payment order, the invoiced amount shall be debited from the customer’s account and credited on the vendor’s account. The vendor shall be informed directly of the successful credit.
5) Terms of Delivery and Shipment
5.1 The delivery of goods shall be shipped via the dispatch route and to the address for dispatch that the customer indicated, unless agreed upon otherwise. When carrying out the transaction, the address for dispatch is relevant that had been indicated in the order process of the vendor. In deviation to this, the address for dispatch indicated at the payment at PayPal shall be relevant in case of choosing the payment method via PayPal.
5.2 If the forwarding agent returns the goods to the vendor because a delivery to the customer was not possible, the customer shall bear the costs for the ineffective shipment. This does not apply if the customer is not responsible for the reason of the impossibility of the delivery or if it was temporarily not possible for him/her to accept the offered delivery, unless the vendor has announced the delivery in advance in due time.
5.3 Collection by the customer is not possible for logistical reasons.
6) Liability for Defects
The legal liability for defects shall apply. The following applies in particular:
6.1 For customers as consumers
- The consumer has to inform the vendor about defects of the delivered item within two month after having detected the damage.
- The period of limitation for claims for defects is two years from the moment of the report of the defect.
6.2 Beyond the contractual claim for damages pursuant to the Dutch Civil Code, Volume 6, Chapter 6.19 and 6.1.10 the vendor shall have no further liability to the buyer for consequential harm caused by a defect and body injuries due to safety defects of the purchased item (section 6:186, section 7:24 of the Dutch Civil Code.) This shall not apply
- if the vendor knew about the security-relevant defects or should have known about them,
- if the vendor confirmed the buyer that the purchased item is free of such a defect,
- if the defect caused a financial loss of less than EUR 500 due to damage of a third item as defined in section 6:190 of the Dutch Civil Code.
7) Applicable law, Jurisdiction
7.1 If Customer acts as a consumer within the meaning of Subsection 1.2, all legal relations between the Parties shall be governed by the laws of the state in which Customer has its habitual place of residence. The provisions of the United Nations Convention on the International Sale of Goods shall not apply. The sole place of jurisdiction for all disputes arising under this agreement shall be the location of Customer’s domicile.
7.2 If Customer acts as a merchant within the meaning of Subsection 1.2, all legal relations between the Parties shall be governed by the laws of the state in which Seller has its registered business office. The provisions of the United Nations Convention on the International Sale of Goods shall not apply. The sole place of jurisdiction for all disputes arising under this agreement shall be the location of Seller’s registered business office.
8) Alternative Dispute Resolution
8.1 The EU Commission makes available on the Internet a platform for the online settlement of disputes via the following link: http://ec.europa.eu/consumers/odr. This platform serves as point of contact for the out-of-court settlement of disputes arising from online purchasing or service contracts, in which a consumer is involved.
8.2 The trader is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.