GTC's (General terms and conditions)
1. General, clientele, language
For the business relationship between Kappstein GmbH & Co. KG, Gotha, (hereinafter referred to as “supplier” “we” or “us”) and the ordering party (hereinafter referred to as “customer”), the following General Terms and Conditions shall apply exclusively in the version valid at the time of the order.
This includes in particular all offers, sales contracts, deliveries and services based on orders placed by our customers via our online shop www.kappstein.de (hereinafter referred to as the “web shop”), including orders placed by telephone, e-mail, fax or post. Furthermore, these General Terms and Conditions shall also apply to sales in our showroom and at trade fairs unless the following provisions are specifically aimed at distance sales. If business is transacted outside our business premises in Gotha, the GTC´s will be handed over to the customer in paper form.
The product range in our web shop is aimed equally at consumers and entrepreneurs, however, only at end users. For the purposes of these General Terms and Conditions, a consumer is any natural person who concludes the contract for a purpose which can predominantly be attributed neither to their commercial nor their self-employed professional activity (§ 13 of the German Civil Code) and is an “entrepreneur” a natural or legal person or a partnership with legal capacity, which acts at the time of conclusion of the contract in the exercise of his commercial or self-employed professional activity (§ 14 para. 1 German Civil Code).
The customer's terms and conditions shall not apply, even if we do not separately object to their validity in individual cases.
The contracts with the customer are concluded exclusively in German or English depending on whether the customer places the order via the German-language page or non-German-language pages of the web shop. If the customer places an order via our German-language website, the German version of these General Terms and Conditions shall apply accordingly. If the order is placed via our non-German-language websites, only the English version of these General Terms and Conditions shall be authoritative.
2. Contract conclusion
Our offers in the web shop are not binding.
By placing an order in the web shop, the customer makes a binding offer to purchase the relevant product. A binding offer to purchase is made as soon as the customer has clicked on the button “order subject to a fee”. The customer is bound to the offer for a period of 14 days. The supplier is entitled to accept the offer within this period. If the supplier detects an error in the ordering process of the customer, the order is not continued, and the customer is informed to supplement or correct data on the relevant screen during the order.
The supplier will send an electronic confirmation of the receipt of the offer to the customer immediately following the receipt of the offer which does not constitute an acceptance of the offer. The offer is only considered to be accepted by the supplier as soon as the supplier declares acceptance to the customer (by e-mail) or sends the goods. The purchase contract with the customer is only concluded with our acceptance.
Every customer who is a consumer is entitled to withdraw from the offer and to return the goods in accordance with the special withdrawal instructions which are communicated to the customer together with the confirmation of the receipt of the offer. The right of withdrawal does not apply to products made to customer specifications.
3. Prices and payment
Our prices include the legal sales tax, but not shipping costs. Customs, duties and similar charges shall be borne by the customer.
Unless expressly agreed otherwise, we deliver only upon prepayment (in the manner indicated on the order form), online bank transfer, payment by credit card or PayPal.
Charges by the customer to offset our open invoices are not allowed unless the charges are uncontested or legally imposed.
4. Delivery of the goods
Taking into account the receipt of the order, the supplier shall immediately hand over the goods to the shipping service provider. From the time of delivery to the shipping service provider, the expected postal delivery time is 4 working days. This period, which is decisive for determining the dispatch date, begins on the day of receipt of the complete purchase price (including value added tax and dispatch costs).
If the goods are marked as available in the web shop when the customer submits the offer, we shall keep the goods in stock for a period of ten working days following our acceptance of the offer; if payment is not received by us within this period, we shall be entitled to sell the goods at any time. In this case the dispatch takes place within a time period of 5 working days for as long as stocks last. Otherwise, a period of three weeks from receipt of payment shall be deemed to be agreed to for shipment.
We will notify the customer immediately if goods cannot be delivered or cannot be delivered on time, In these cases we will come to an individual agreement with the customer regarding the delivery date. If the goods are not available from our suppliers in the foreseeable future, we are entitled to withdraw from the purchase contract. In the event of a withdrawal, the supplier will immediately refund the payments made by the customer. The statutory rights of the customer due to delay in delivery shall not be affected by the above provision, whereby the customer may only claim damages in accordance with the special provisions of Section 8 of these General Terms and Conditions. If the goods are permanently not available, we will refrain from providing a declaration of acceptance. A contract does not come into force in this case.
Should we fail to meet a delivery date, the customer shall set us a reasonable extension period which may not be less than one week.
We shall be entitled to make partial deliveries of separately usable products included in an order, in such a case we shall bear the resulting additional shipping costs.
If a collection date has been agreed with the customer and the customer does not meet the date, we shall set the customer a reasonable grace period of one week and reserve the right to withdraw from the contract upon expiry of this period. We will also inform the customer of this again separately with our granting of a grace period.
5. Shipping, insurance and transfer of risk
The supplier's components are fully assembled and calibrated at the factory by qualified technicians. Certain components (Doppio) are dismantled for transport safety reasons. Therefore, after receiving the package, the customer must mount these to the bicycle using the information supplied, tools and/or telephone support.
Unless expressly agreed otherwise, we shall determine the appropriate mode of shipment and the transport company at our reasonable discretion. The shipping risk shall be borne by us if the customer is a consumer.
If the customer is a consumer, the risk of accidental loss, accidental damage or accidental loss of the delivered goods shall pass to the customer at the time at which the goods are delivered to the customer or the customer has defaulted on acceptance. In all other cases, the risk shall pass to the customer upon delivery of the goods to the transport company.
The shipping costs shall be borne by the buyer. They include the costs of a transport insurance policy taken out by us covering a goods value up to the amount of €500.00 (DHL) against the usual transport risks. Additional costs are incurred for higher insurance amounts. The corresponding shipping costs are indicated to the customer in the order form.
6. Retention of ownership
We retain ownership of the goods delivered by us until full payment of the purchase price (including value added tax and shipping costs) for the goods in question.
7. Warranty, guarantee, right of return
If the delivered goods are afflicted with a material defect, the customer may first demand that we remedy the defect or deliver defect-free goods.
We are entitled to refuse the type of supplementary performance chosen by the purchaser if this is only possible with disproportionate costs.
If subsequent performance fails or is unreasonable for the customer, or we refuse subsequent performance, the customer shall be entitled, in accordance with applicable law, to withdraw from the purchase contract, reduce the purchase price or demand damages or reimbursement of their futile expenses. The special provisions in paragraph 8 of these General Terms and Conditions shall apply to any of the customer's claims for damages.
The statutory warranty period is two years from the date of delivery.
Claims of the customer regarding compensation for damages, subject to Clause 7, are excluded. Excluded from this are claims for damages by the customer arising from injury to life, the body, human health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the supplier, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.
In the event of a breach of essential contractual obligations, the supplier shall only be liable for the foreseeable damage typical of the contract if this was caused by simple negligence, unless it concerns claims for damages by the customer arising from injury to life, the body or human health.
The restrictions of paragraphs 1 and 2 shall also apply in favour of the legal representatives and vicarious agents of the supplier if claims are asserted directly against them.
The provisions of the Product Liability Act shall remain unaffected.
9. Data protection
10. Applicable law
The purchase contract existing between us and the customer is subject to mandatory international private law regulations and the law of the Federal Republic of Germany excluding the UN Convention on Contracts for the International Sale of Goods.