General Terms and Conditions
Table of Contents
1. Scope of Application
2. Conclusion of the Contract
3. Right to cancel
4. Price and Delivery Costs
5. Shipment and delivery conditions
6. Liability for defects
7. Law and Jurisdiction
8. Alternative dispute resolution
1) Scope of Application
1.1 These Terms and Conditions of the company Kapps GmbH (hereinafter referred to as "Seller”) shall apply to all contracts concluded between a consumer or an trader (hereinafter referred to as "Client”) and the Seller relating to all goods and/or services presented in the online shop of the Seller. The inclusion of the Client's own conditions is herewith objected to, unless other terms have been stipulated.
1.2 A consumer pursuant to these Terms and Conditions is any individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession. A trader pursuant to these Terms and Conditions is any natural person or legal entity or partnership with legal capacity acting for purposes relating to that person’s trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf.
2) Conclusion of the Contract
2.1 The product descriptions in the Seller’s online shop constitute binding offers on the part of the Seller which the Client accepts with the order.
2.2 The Client may submit his/her order by the online order form integrated into the Seller's online shop and herewith accept the Seller´s offer. By an order via the online order form, after having entered its personal order data and through clicking the button finalizing the order process, the Client submits a legally binding acceptance of the Seller´s offer with regard to the goods and/or services contained in its virtual basket.
2.3 The Seller transmits an order confirmation to the Client via mail or e-mail.
2.4 The contract’s content will be stored by the Seller and will be sent to the Client in writing including these Terms and Conditions and Client Information (for example via e-mail, fax or letter) after the Client has submitted his order. In addition, the contract’s content will be stored on the Seller’s website and can be found by the Client in the customer login via the password-protected customer account, provided the Client has created a customer account in the online shop prior to submitting his order.
2.5 The Client can correct all the data entered via the usual keyboard and mouse function prior to submitting his binding order. In addition, prior to submitting the order, all data entered will be displayed in a confirmation window and can be corrected here as well, via the usual keyboard and mouse function.
2.6 The contractual language is English.
2.7 Order processing and contacting usually takes place via e-mail and automated order processing. It is the Client`s responsibility to ensure that the e-mail address he/she provides for the order processing is accurate so that e-mails sent by the Seller can be received at this address. Particularly, it is the Client`s responsibility, if SPAM filters are used, to ensure that all e- mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.
3) Right to cancel
Consumers are entitled to the right of cancellation. Detailed informations about the right of cancellation are provided in the Seller’s instruction on cancellation.
4) Price and Delivery Costs
4.1 Unless otherwise stated in the product descriptions, prices indicated are end prices and include the statutory value-added tax. Any possible additional delivery and dispatch costs are specified separately in the respective product description.
4.2 Payment can be made using one of the methods mentioned in the Seller’s online shop .
4.3 If payment in advance has been agreed upon, payment shall be due immediately upon conclusion of the contract.
5) Shipment and delivery conditions
5.1 Goods are generally delivered on dispatch route and to the delivery address indicated by the Client, unless otherwise agreed. In fulfilling the order, the delivery address stated in Seller’s order processing system shall be used. Alternatively, if PayPal is selected as the payment method, the delivery address entered by Customer in PayPal at the time of payment shall be used.
5.2 Should delivery to the Client not be possible, the assigned transport company returns the goods to the Seller and the Client bears the cost for the unsuccessful dispatch. This shall not apply if the Client effectively exercises its right of cancellation, if the Client is not responsible for the event that entails the impossibility of delivery, or if he/she has been temporarily impeded to receive the ordered goods, unless the Seller has given notice to the Client in an adequate period of time prior to the delivery.
5.4 Collection by the Client is not possible for logistical reasons.
6) Liability for defects
6.1 The seller is responsible for the statutory warranty according to Art. L.217-4 and the following Articles of the Consumer Code and for hidden defects according to Art. 1641 and the following Articles of the Civil Code.
6.2 The consumer has a period of two years after delivery of the goods to claim his or her warranty rights. He or she may choose between repair or replacement of the goods under the provisions stated in Article L. 217-9 of the Consumer Code. He or she is exempt from the obligation to provide proof of the defect in the goods for the first 24 months after delivery of the goods, except for second-hand goods.
6.3 The statutory liability for defects applies regardless of any contractual warranty.
6.4 The consumer can claim the legal warranty for hidden defects in accordance with Article 1641 of the Civil Code [Code Civil]. In this case, he or she may choose between rescission of the sale or a reduction of the sales price according to Article 1644 of the Civil Code.
6.5 If a contractual warranty exists, you can find more details on the seller’s website.
6.6 If the consumer wants to issue a complaint concerning the statutory warranty according to Art. L.211-4 and the following Articles of the Consumer Code or the legal warranty for hidden defects according to Art. 1641 and the following Articles of the Civil Code, he or she can address this complaint to the seller.
7) Law and Jurisdiction
7.1 If a Client acts as a consumer pursuant to Section 1.2, any contractual relationships between the parties are governed by the laws of the state in which the Client has its habitual place of residence excluding the UN-Convention on Contract for the International Sale of Goods and the courts of the State where the Client is domiciled will have exclusive jurisdiction over any dispute relating to these relationships.
7.2 If a Client acts as a trader pursuant to Section 1.2, any contractual relationships between the parties are governed by the laws of the state in which Customer has its registered business office excluding the UN-Convention on Contract for the International Sale of Goods and the courts of the State where the Seller is domiciled will have exclusive jurisdiction over any dispute relating to these relationships.
8) Alternative dispute resolution
8.1 The EU Commission provides on its website the following link to the ODR platform: http://ec.europa.eu/consumers/odr. This platform shall be a point of entry for out-of-court resolutions of disputes arising from online sales and service contracts concluded between consumers and traders.
8.2 In accordance with the provisions of the consumer protection law (Code de la consommation), a dispute resolution is feasible in cross-border consumer disputes. If the customer wants to procced such mediation, he or she may consult the website of the commission of evaluation and control for the settlement of consumer disputes (commission d’évaluation et de contrôle de la médiation de la consommation) (http://www.economie.gouv.fr/mediation-conso/commission). This Website contains the address of the European Centre for consumers in France together with advice and support for consumers related to out-of-court settlement of cross-border consumer disputes. If the customer wants to proceed mediation in a dispute with the seller, he or she has to contact the seller with prior written notice. The dispute resolution is only possible if a settlement between customer and seller could not be achieved.