GENERAL TERMS AND CONDITIONS OF DORNSCHILD KG
§ 1 Party to the Contract
The present General Terms and Conditions include the terms and conditions which shall exclusively govern the relationship between you and us, Dornschild KG, Am Einlass 3a, 80469 Munich, Germany. The contract shall be concluded between you and us.
§2 Conclusion of Contract
The presentation of the products in the online shop shall not constitute any binding offer whatsoever but is to consider as a non-binding product catalogue. By clicking the button “Place Order” you shall submit a binding order of the goods contained in your shopping cart. Confirmation of receipt of your order will be made immediately after your send-off of the order and shall not yet constitute a contractual acceptance of your order. We shall be entitled to accept your order, within two days, by way of submission of an order confirmation via email or by way of delivery of the goods.
§ 3 Time of Delivery – Delay
Should we, due to high demand, not have the ordered goods on stock in an applicable instance, then we shall inform you immediately of the delay caused by our respective repeat order. Should our delay of delivery not arise from an intentional or grossly negligent breach of the contract by Dornschild KG – including without limitation intent or gross negligence of its agents or persons assisting in fulfilment of its obligations -, then Dornschild KG’s liability for damages arising from delay of delivery shall be limited to the foreseeable, typically occurring damage.
§4 Liability for Defects
If and to the extent of a defect of the goods purchased, we shall be entitled to cure such defect, at your choice, either by way of remedying such defect or by replacement delivery of a new thing free of defects. We shall, however, be entitled to refuse the type of cure chosen by you if same would only be possible at unreasonable cost. We shall bear any and all cost of transport, travel, work and material required for our cure in an applicable instance if and to the extent that such cost is not increased by a transfer of the purchased goods to a location other than the place of performance. Should the cure fail, then you shall be entitled, at your choice, to request cancellation or reduction of the purchase price.
Dornschild KG shall be liable under the default provisions of the applicable laws, if you assert damages claims arising from intent or gross negligence of Dornschild KG – including intent or gross negligence of its agents or persons assisting in performance of its obligations. If and to the extent that there is no assertion of intentional breach of contract, Dornschild KG’s liability for damages shall be limited to the foreseeable, typically occurring damage. Dornschild KG shall be liable in accordance with the default provisions under the applicable laws if it breaches an essential contractual obligation; in such event liability shall, however, be limited to the foreseeable, typically occurring damage. In case of killing or violation of health or body Dornschild KG shall be liable in accordance with the default provisions of the applicable laws. Dornschild KG shall also be liable under the mandatory provisions of the German statute on product liability. If and to the extent that Dornschild KG is not liable as per the aforesaid sentences, its liability for defects of the purchased goods shall be excluded.
§ 5 Terms of Payment
§ 5.1 Terms of Payment
Payment of the goods shall be made, at your choice, via prepayment, Paypal, credit card or direct debit. Payments via Paypal, credit card and direct debit are processed through PayPal.
§ 5.2 Treatment of Coupons
Please note that coupons may be subject to limitations as to the amount and/or time period of redemption. We will clearly notify you of such limitations in the text accompanying the coupon. Only one coupon may be redeemed per person. The coupon can not be combined with other discount schemes (e.g. Payback, Webmiles, Miles & More, BSW etc.). The coupon can not be used for goods sold at a discount. Coupons issued by us shall not be paid out in cash or by way of cash transfer. Nor shall the customer be entitled to any cash payment or cash transfer of the coupon value in case of return of goods paid, in full or in part, with a coupon. In such aforesaid event solely the amount actually paid by means other than a coupon shall be repaid; the value of the coupon shall remain intact and may be used for a subsequent order if the coupon will yet be valid at the time of such subsequent order. In such aforeaid event also only one coupon per order may be redeemed.
§6 Shipping Cost and Delivery Territories
§ 6.1 Delivery within Germany, EU and Switzerland
Delivery of your order shall be made without any minimum order requirement and subject to shipping cost within Germany, Switzerland and all EU member states. A shipment flat fee will not be charged for postage and packaging.
§ 6.2 Delivery to a destination outside Germany, EU and Switzerland
For shipment to countries other than those listed in section 6.1., shipment cost will be charged.
§ 7 Retention of Title
We shall retain title in the goods delivered until fully paid. Should payment be delayed by you (Verzug), then we may determine an adequate curing period. Upon unsuccessful expiration of such curing period we shall be entitled to cancel the contract and claim the goods back.
Revocation Declaration, Voluntary Return Guarantee and Taking Over of Cost for Return Shipment, Right of Revocation
You shall be entitled to revoke this contract within fourteen days without giving any reason.
The revocation period shall be fourteen days from the date on which you or a third party designated by you and who is not the carrier have or has taken the goods in possession. In order to exercise your right of revocation you need to inform us (Dornschild KG, Am Einlass 3a, 80469 München, Germany, Telefon 0049 – (0)89 330 352 83, Telefax 0049 – (0)89 330 352 85, email address firstname.lastname@example.org by means of an unambiguous declaration (e.g. through a letter sent by mail, a telefax or an email) on your decision to revoke this contract. For such purpose you may use the enclosed Sample Revocation Form which is, however, not mandatory. The revocation period shall be deemed complied with if you dispatch the notice on the exercise of the right of revocation before expiration of the revocation period.
Consequences of Revocation
Should you revoke this contract, we shall repay to you all payments which we have received from you, including the cost of delivery (with the exception of additional cost resulting from your election of any other kind of delivery than the least expensive standard delivery offered by us), such repayment to be made without delay and no later than fourteen days from the date on which we received the notice on the revocation of the contract. For such repayment we shall use the same means of payment which you used for the original transaction, unless agreed to the contrary between us; you shall not be charged with any fees whatsoever in respect of such repayment. We may reject repayment until we receive back the goods or until you provide evidence that you sent back the goods, whichever is earlier. You shall return to us, whether by way of shipment or delivery in person, the goods without delay and in no event any later than fourteen days from the date on which you notified us on the revocation of the contract. Such aforesaid time period shall be deemed complied with if you dispatch the goods before expiration of the fourteen-days-period. You shall bear the direct cost of return shipment of the goods.
You shall be responsible for a loss in value of the goods only if such loss in value is due to your handling of the goods in a manner which is not necessary for the examination of the quality, characteristics and functionality of the goods.
End of the Revocation Instruction
Voluntary Return Guarantee and Take Over of Cost for Return Shipment
For any and all purchases in our online shop we do voluntarily grant, in addition to the statutory right of revocation, a return guarantee for 30 days after your receipt of the goods. Please return the goods to the following address:
Am Einlass 3a
In Germany and in all other countries you shall be responsible for the direct cost of the return shipment of the goods. The voluntary return guarantee shall not affect your statutory rights including without limitation your right of revocation.
Sample Revocation Form
(Should you wish to revoke the contract, please copy this sample form and send it back to us.)
Revocation – Sample Form
To: Dornschild KG
Am Einlass 3a
Telefax: +49 – (0)89 – 330 352 85
Email address: email@example.com
Hereby I revoke the contract concluded by me regarding the purchase of the following goods.
Date of reception:
Town, date and Signature (only in case of notification on paper)
§ 9 Copyright
The publications in the web shop shall be subject to German copyright law. The download and use of material protected by copyright laws and used and presented by Dornschild KG in connection with the online shop, in newsletters or other media shall be solely permitted for private use of the costumer. Material of third parties which is protected by copyright laws and used by Dornschild KG for presentation of the goods on offer shall not be used for customer’s own purposes if and to the extent that such use would go beyond customer’s private use.
§ 10 Miscellaneous
§ 10.1 Solely the laws of Germany shall apply, under exclusion of the UN Sales Convention (CISG).
§ 10.2 The courts of Munich shall have exclusive jurisdiction for any and all disputes regarding the sale of goods to merchants, or to legal persons under public law.
§ 11 Duty to Inform
Online dispute resolution pursuant to Article 14(1) of the ODR Regulation: The EU Commission provides an online platform for online dispute resolution, which you can access via the external link http://ec.europa.eu/consumers/odr.
Status: July 2018