General Terms and Conditions (GTC)
General Terms and Conditions ("GTC")
Between Klepper Lifestyle GmbH, Am Kaiserkai 10, 20457 Hamburg, registered in the commercial register of the district court of Hamburg, HRB 161811 (hereinafter referred to as "Provider"), represented by Mr. Michael Müller, and the customers designated in § 2 of the contract (hereinafter referred to as "Customer").
§ 1 Scope of application, definitions
(1) For the business relationship between the Provider and the Customer, the following General Terms and Conditions of Business apply exclusively in the version valid at the time of the order. Deviating general terms and conditions of the Customer are not accepted, unless the Provider expressly agrees to their validity in writing.
(2) The Customer is a consumer if the purpose of the ordered deliveries and services cannot be predominantly attributed 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, when concluding the contract, acts in the exercise of his commercial or independent professional activity.
§ 2 Conclusion of the contract
(1) The Customer can select products, especially folding boats, from the supplier's range of products and collect them in a so-called shopping cart by clicking the button "add to cart". By clicking on the button "order payable“, he makes a binding offer to purchase the goods in the shopping cart. Before sending the order, the Customer can change and view the data at any time. However, the offer can only be submitted and transmitted if the Customer has accepted these contractual terms and conditions by clicking on the button "accept terms and conditions" and thereby included them in his offer.
(2) The Provider will then send the Customer an automatic confirmation of receipt by e-mail, in which the Customer's order is listed again and which the Customer can print out using the "Print" function. The automatic confirmation of receipt merely documents that the Provider has received the Customer's order and does not constitute acceptance of the offer. The contract is only concluded when the Provider submits the declaration of acceptance, which is sent by a separate e-mail firstname.lastname@example.org (order confirmation). In this e-mail, the text of the contract (consisting of order, terms and conditions and order confirmation) is sent to the Customer by us on a permanent data carrier (e-mail or paper printout) (contract confirmation). The text of the contract will be stored in compliance with data protection.
(3) The contract is concluded in English language.
§ 3 Delivery, availability of goods
(1) Delivery times stated by us shall be calculated from the time of our order confirmation, provided prior payment of the purchase price (except for purchase on account). If there is no or no other delivery time indicated for the respective goods in our online store: Please email us email@example.com for further information.
(2) If no copies of the product selected by the Customer are available at the time of the Customer's order, the supplier will inform the Customer immediately in the order confirmation. If the product is permanently unavailable, the Supplier shall refrain from issuing a declaration of acceptance. In this case, no contract is concluded.
(3) If the product designated by the Customer in the order is only temporarily unavailable, the Provider shall also inform the Customer of this immediately in the order confirmation.
(4) The following delivery restrictions apply:
We offer shipping to any address in any country worldwide that is serviced by our selected logistics partners. Please inquire to firstname.lastname@example.org when placing your order.
§ 4 Retention of title
The delivered goods remain the property of the supplier until full payment has been received.
§ 5 Prices and shipping costs
(1) All prices stated on the Provider's website are inclusive of the applicable statutory value added tax. All import customs clearance fee and import duty must be paid by Customer.
(2) The corresponding shipping costs are indicated to the Customer in the order form and are to be paid by the Customer, unless the Customer exercises his right of withdrawal.
(3) The goods will be shipped by mail/freight forwarding. The shipping risk is borne by the Provider if the Customer is a consumer, otherwise by the entrepreneur.
(4) In the event of a revocation, the Customer shall bear the direct costs of the return shipment.
§ 6 Terms of payment
(1) The Customer can make the payment by prepayment, credit card or PayPal.
(2) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of the payment is determined by the calendar, the Customer is already in default by missing the deadline. In this case, he shall pay the Provider default interest for the year at a rate of 5 percentage points above the prime rate.
(4) The Customer's obligation to pay interest on arrears does not exclude the Provider from asserting further damages caused by default.
§ 7 Warranty for material defects, guarantee
The Provider is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. For entrepreneurs, the warranty period for items delivered by the Provider is 12 months.
§ 8 Liability
(1) Claims of the Customer for damages are excluded. Excluded from this are claims for damages of the Customer from the injury of life, body, health or from the injury of substantial contractual obligations (cardinal obligations) as well as the liability for other damages, which are based on an intentional or roughly negligent breach of duty of the Provider, its legal representatives or executing aides. Substantial contractual obligations are those whose fulfilment is necessary to achieve the goal of the contract.
(2) In the event of a breach of material contractual obligations, the Provider shall only be liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence, unless the Customer's claims for damages are based on injury to life, body or health.
(3) The restrictions of paragraphs 1 and 2 also apply in favour of the Provider's legal representatives and vicarious agents if claims are asserted directly against them.
(4) The limitations of liability resulting from paragraphs 1 and 2 do not apply if the Provider has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies, as far as the Provider and the Customer met an agreement over the condition of an item. The regulations of the product liability law remain unaffected.
§ 9 Revocation instruction
(1) Consumers have a legal right of revocation upon conclusion of a distance selling transaction, about which the Provider informs immediately afterwards in accordance with the legal model. In paragraph 9 (2) there is a sample revocation form.
Revocation instruction for consumers:
Right of revocation
You have the right to cancel this contract within fourteen days without giving reasons.
The revocation period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, have taken possession of the goods.
In order to exercise your right of withdrawal, you must send us, the Klepper Lifestyle GmbH, by means of a clear declaration (e.g. a letter sent by post, fax ((08031) 27156 29) or e-mail at email@example.com) about your decision to revoke this contract. You may use the attached sample revocation form, which is not mandatory.
In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of the revocation:
If you revoke this contract, we shall reimburse you for all payments we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the inexpensive standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we receive the notification of your revocation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this refund.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any case, within fourteen days at the latest from the day you notify us of the cancellation of this contract. This period shall be deemed to have been observed if you send the goods before the expiry of the fourteen-day period.
You shall bear the direct costs of returning the goods.
You will only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods that is not necessary for testing their condition, properties and functionality.
(2) The supplier will inform about the sample revocation form according to the legal regulation as follows:
Sample form of revocation:
(If you want to revoke the contract, please fill out this form and send it back).
- To the Klepper Lifestyle GmbH production facility: Klepperstraße 18E, 83026 Rosenheim Germany. Fax number: 0049 (8031)2715629
e-mail address: firstname.lastname@example.org
- I/we (*) hereby revoke the contract concluded by me/us (*)
on the purchase of the following goods (*)/
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only in case of communication on paper)
(*) Delete as applicable
§ 10 Final provisions
(1) The law of the Federal Republic of Germany shall apply to contracts between the Provider and the Customers, excluding the UN Convention on Contracts for the International Sale of Goods. The legal regulations for the restriction of the choice of law and for the applicability of mandatory regulations, in particular of the state in which the Customer as a consumer has his habitual residence, remain unaffected.
(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 Provider's registered office.
(3) The contract remains binding in its remaining parts even if individual points are legally ineffective. In place of the ineffective points, the legal regulations, if any, shall apply. However, if this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole shall become invalid.