General terms and conditions
1. scope of application
(1) The following terms and conditions are valid for all contracts which the customer concludes with Knister via the online shop.
(2) Customers within the scope of these GTC can be both consumers according to § 13 BGB and entrepreneurs according to § 14 BGB.
(3) A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed.
(4) Entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.
2. conclusion of contract, contract language, steps to order, storage of contract text
(1) The presentation of goods on the Internet does not constitute a binding offer of contract by Knister. The contract between the customer and Knister is only concluded by an order of the customer and its acceptance by Knister. A confirmation of the receipt of the order does not constitute an acceptance. In case of acceptance, Knister will send a confirmation of order by email or fax. Sending the ordered goods to the customer is equal to an explicit declaration of acceptance.
(2) Contract language is German.
(3) The customer can order in the shop of Knister by going through the following steps
a. By clicking on the button “add to shopping cart”, articles are placed in the shopping cart without obligation. All articles placed in the shopping cart can be viewed by clicking on “Your shopping cart / Retrieve your shopping cart”. Here you can delete articles or change the quantity and display the shipping costs.
b. If articles from the shopping cart are to be purchased, click on “Continue to checkout” to go to the ordering process.
c. During the ordering process, customers who are already registered at Knister and have not logged in before can log in with their access data. New customers are asked to enter their order data individually and to log in.
d. By clicking on the button “Register” or “Login” you can access the shipping options. Here you can choose the shipping method. Afterwards you will get to the payment method by clicking on “continue”. Here you can choose from different payment methods.
e. Before the order is sent, you can click on the “continue” button to get to the control page. There, all data (in particular billing and delivery address, product, price, quantity, payment method) of the planned order are displayed again in an overview. There the data can also be corrected or changed.
f. By clicking the button “Buy now” the order is sent. This is a binding offer to conclude a purchase contract on the part of the customer. The information about the time of the conclusion of the contract can be found in the first paragraph of this point. Further information on the ordering process can be found on the pages “Help and Service”.
(4) The text of the contract is not stored by Knister and cannot be retrieved by the customer after the order process has been completed. However, the order data and the cancellation policy can be found in text form in the order confirmation, which can be printed out upon receipt by e-mail. Knister stores the order data of the customer. Should the customer lose his order documents, he can contact Knister by mail, email, fax or phone. Knister will gladly send the customer a copy of the order data.
3. delivery and shipping conditions
(1) Knister delivers the goods within 3-5 working days after receipt of the order, provided the ordered goods are in stock.
(2) Knister offers standard parcel delivery.
4. terms of payment
In principle, payment can be made by advance payment, immediate transfer, cash on delivery, SEPA direct debit, PayPal, credit card or invoice. However, Knister reserves the right not to offer individual payment methods for each order. In case of payment by invoice, Knister reserves the right to ask for a down payment in case of higher order values
cash in advance
In the case of payment in advance, the period for delivery shall commence no later than three working days (bank period) after the payment order has been issued to the remitting bank.
cash in advance
In the case of payment in advance, the period for delivery shall commence no later than three working days (bank period) after the payment order has been issued to the transferring bank.
Payment by immediate bank transfer
Knister also offers instant bank transfer. After confirming the order, the customer is automatically redirected to the payment form of Sofort AG. Immediately after the bank transfer, the customer receives a payment confirmation and Knister immediately receives a bank transfer credit note. The goods will be shipped to the customer immediately.
Payment by SEPA direct debit
If the customer chooses payment by (SEPA) direct debit, the goods will be sent to the customer immediately. The following applies to payment by (SEPA) direct debit:
The customer authorizes Knister to collect the fees from the specified account by a corresponding declaration (SEPA mandate). The announcement of the collection (advance information / “pre-notification”) takes place 5 working days before the debit is enforced. The period for pre-notification is therefore reduced to 5 days. The collection will take place 10 days after the invoice date. The customer must ensure that there are sufficient funds in the specified account so that the amounts due can be collected. Any costs incurred due to non-redemption or reversal of the direct debit shall be borne by the customer as long as the non-redemption or reversal was not caused by Knister.
Payment by credit card with SecureCode
If the customer chooses payment by credit card with SecureCode (American Express, Visa and MasterCard), the goods will be sent to the customer immediately. The credit card will only be debited after the goods have been shipped to the customer.
Payment by cash on delivery
If the delivery is made as cash on delivery, the goods will be sent to the customer immediately. In addition to the packaging and shipping costs, if applicable, the customer shall bear the following pro rata C.O.D. charges: 4.00 Euro C.O.D. charge and 2.00 Euro money transfer charge of the post office.
Payment by PayPal
The period for delivery begins with payment via PayPal at the latest one working day after the payment order has been placed with PayPal.
Payment by invoice
The goods will be shipped to the customer immediately. The invoice amount is due immediately and without deduction.
5. prices and shipping costs
(1) The prices at the time of the order shall apply. All prices are in Euro and are without exception gross prices, i.e. they include the legal value added tax of 19% and other price components and do not include shipping costs. There is no minimum order value.
(2) The delivery and shipping costs, the amount of which depends on the information given in connection with the respective presentation of the goods, are incurred from the place of Knister’s branch office. If the delivery is made to a customer outside of the Federal Republic of Germany, the delivery and shipping costs increase depending on the weight or volume weight.
(3) For shipments outside the EU, further costs such as taxes and/or duties / customs duties may be incurred, which the customer has to bear.
6. refunds in case of exercising the right of withdrawal
If you make use of your right of revocation (see revocation instruction under point 8.), we will use the same means of payment for refunds that you used for the original transaction. If you choose cash on delivery, the refund will be transferred to your bank account. You only need to inform us of your bank account details.
7. cancellation policy
Right of withdrawal for consumers
Consumers are entitled to a right of revocation according to the following provision, whereby a consumer is any natural person who concludes a legal transaction for purposes which can predominantly be attributed neither to his commercial nor his self-employed professional activity.
Right of revocation
You have the right to cancel this contract within one month without giving reasons. The revocation period is 1 month from the day
at which you or a third party designated by you, other than the carrier, have taken possession of the goods, if you have ordered one or more goods under a single order and the goods or goods are delivered under a single delivery, or
at which you or a third party designated by you, other than the carrier, took or has taken possession of the last goods, if you have ordered several goods under a single order and the goods are delivered separately, or
at which you or a third party designated by you, other than the carrier, took or has taken possession of the last partial consignment or the last piece, if you have ordered goods which are delivered in several partial consignments or pieces.
To exercise your right of withdrawal, you must give us,
Knister UG (limited liability), Landsbergerstr. 14 80339 Munich, Germany, phone number: 015739360376, , e-mail: [email protected]
inform us by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of your decision to withdraw from this contract. You may use the model revocation form for this purpose, but this 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 revocation
If you revoke this Agreement, we shall reimburse you for all payments we have received from you, including delivery charges (except for additional charges resulting from your choosing a different method of delivery from the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date we receive notification of your revocation of this Agreement. 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 to make a refund 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 without delay and in any event within fourteen days at the latest from the date on which you notify us of the cancellation of this agreement. This period shall be deemed to have been observed if you send the goods before the expiry of the fourteen-day period. We shall bear the costs of returning goods that can be sent by parcel post.
You shall bear the direct costs of returning goods that cannot be sent by parcel post. These costs are estimated at a maximum of approximately 75.00 EUR within Germany and 150.00 EUR within the rest of the EU.
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.
End of the cancellation policy
The above right of withdrawal does not apply to contracts for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
Please understand that there is no right of withdrawal for deliveries outside the European Union! This does not apply to deliveries to Switzerland and Liechtenstein.
8. reservation of proprietary rights
The goods remain the property of Knister until full payment has been received.
(1) If there is a defect in the object of purchase, the warranty is subject to the statutory provisions. The period of limitation for legal claims for defects is two years for consumers and begins with the date of delivery, i.e. receipt of the item by the customer.
(2) The warranty period for entrepreneurs is limited to one year.
(3) For consumers and entrepreneurs, the above liability and limitation period limitations do not apply to claims for damages and reimbursement of expenses which the customer can assert in accordance with the statutory provisions due to defects in accordance with number 12.
10. transport damages / returns
(1) If the customer acts as a consumer: If goods with obvious damages to the packaging or the contents are delivered, please complain immediately to the forwarder/freight service and contact Knister by phone or other means (email/post), so that Knister can protect any rights against the forwarder/freight service.
(2) In addition, please return the goods to us in their original packaging. In this way you facilitate e.g. the resale of the goods.
(3) Goods that have been sent by a forwarding agent will always be picked up again by a forwarding agent in case of a return. In this case, please contact Knister by phone, in writing or by e-mail. In order to avoid transport damages, we also ask you to refrain from a possible return by parcel service, because even in their original packaging, shipping items are not automatically suitable for transport by a parcel service due to weight, sensitivity or size.
(4) Non-observance of the above points does not limit your right of withdrawal as a consumer. In addition, failure to make a complaint or contact the customer as a consumer has no effect on the customer’s statutory or contractual warranty and liability claims as a consumer.
(5) If the customer acts as a merchant within the meaning of § 1 of the German Commercial Code (HGB), the customer shall be subject to the duty to examine and notify defects in accordance with § 377 HGB. The goods shall be deemed to be approved if the customer fails to comply with the duties of notification regulated therein.
Address for your return: Knister UG (limited liability), Landsbergerstr. 14, 80339 Munich
Knister is liable for damages and reimbursement of expenses according to the legal regulations.
12. data protection
For detailed information on data protection, please refer to the notes under the separate link “Data protection”.
13. complaints / dispute resolution
The European Commission provides a platform for online dispute resolution, which can be found at http://ec.europa.eu/consumers/odr/ In principle, consumers have the possibility to use this platform for the settlement of their disputes. We always endeavour to settle possible differences of opinion arising from contracts concluded with us and complaints by mutual agreement. Please note, however, that we are not obliged to participate in dispute resolution proceedings before a consumer arbitration board and cannot offer you the opportunity to participate in such proceedings.
15. final provisions
(1) The law of the Federal Republic of Germany shall apply. Mandatory provisions of the state in which customers who are consumers have their habitual residence shall remain unaffected. In dealings with consumers within the European Union, the law of the consumer’s place of residence may also be applicable, provided that it is mandatory consumer law provisions.
(2) The validity of the United Nations Convention on Contracts for the International Sale of Goods (UN Sales Convention) is excluded, also in cross-border delivery traffic.
(3) The place of jurisdiction for all legal disputes is Hanover, Germany, if the customer is a merchant, a legal entity under public law or a special fund under public law. If the consumer is not resident in Germany or in another country of the European Union, Hanover is also the place of jurisdiction. In all other cases, the statutory place of jurisdiction applies.