1. SCOPE OF APPLICATION
The present General Terms and Conditions (hereinafter referred to as “T&C”) shall apply to customers’ orders of goods in the online shop on the website wisdomandkoenig.de
The online shop is operated by:
Koenig & Wisdom Gbr
(referred to as „we“ or „“us“ hereafter).
Contradicting or additional terms and conditions of the customer shall not become part of the contract.
2. DISTINCTION BETWEEN ENTREPRENEURS AND CONSUMERS
Some of the provisions of the present T&C do not apply in relation to any and all customers but only in relation to consumers or only in relation to entrepreneurs. Where the scope of application of the present T&C is limited in such aforesaid manner it will be specially indicated hereinafter.
„Consumer“ shall, for purposes of the present T&C and in accordance with the statutory definition in section 13 of the German Civil Code (“Bürgerliches Gesetzbuch”, abbr. “BGB”), be each natural person who enters into the business relationship with us for a purpose which is outside its trade, business or profession.
„Entrepreneur“ shall, for purposes of the present T&C and in accordance with the statutory definition in section 14 of the German Civil Code (“Bürgerliches Gesetzbuch”, abbr. “BGB”), be each natural person who enters into the business relationship with us for a purpose which is outside its trade, business or profession.
3. CUSTOMER ACCOUNT
Registrants are obliged to enter complete and correct information. No information concerning third persons may be used without such persons’ consent. Multiple registrations are not permitted.
You shall treat your access data like e.g. your password confidentially and shall notify us promptly in case of loss or unauthorized use of your access data.
4. CONCLUSION OF CONTRACT, CONTRACT LANGUAGES
Only if and once you order goods on our website, such purchase order of yours shall constitute a binding offer to conclude the respective contract. You can submit a purchase order in that you put one or more goods and/or services into the shopping basket, run through the remaining order process on the website and enter the data as requested in such context. Prior to sending off your purchase order, you will have the opportunity to check and modify your purchase data. Only if and once you send off your order, you submit a binding offer for conclusion of a contract with us.
We may accept your offer within two days by
– submission of a confirmation of order by post, fax or email
– delivery of the goods
– request to make payment.
The date determining whether such aforesaid time limit has been complied with shall be the date of customer’s receipt of our confirmation of order, delivery or request to make payment.
Languages made available for conclusion of the contract shall be English and German.
5. STORAGE OF THE PROVISIONS OF THE CONTRACT
The provisions of the contract are, for one part, contained in the order overview which is displayed in the final step of the order process, and, for the other part, in the present Terms and Conditions. We record and store the provisions of the contract. You can print out the a.m. documents by using the respective functionality of your browser (usually “print” respectively “file” > “save as”). The provisions of the contract including the present T&C are also contained in the email message with the order confirmation which you receive from us in case of our acceptance of your purchase order.
If you are an Entrepreneur the following shall apply:
The risk of accidental loss and/or accidental deterioration of the goods shall pass to the customer as soon as the goods have left our works or distribution warehouse. This shall equally apply where we take over further performances like e.g. cost of shipment or delivery.
Where we are not responsible for a delay of shipping, like e.g. in case of lack of energy, import difficulties, traffic congestions, strikes or force majeure, the time period for performance shall be prolongued adequately. Should we not be able to perform even after adequate prolongation, either party shall be entitled to terminate the contract.
7. RETENTION OF TITLE
If you are a Consumer the following shall apply:
We shall retain title in the goods delivered by us until full payment.
If you are an Entrepreneur the following shall apply:
We shall retain title in the goods delivered to the customer until we received any and all payments under the business relationship with the customer (Goods Delivered Under Retention of Title).
The customer shall treat the goods with due care, until title in the goods passed to the customer. As long as the title in the goods has not yet passed to the customer, the customer shall immediately notify us in writing in case that the delivered goods were seized or in case that they are otherwise exposed to interventions of third parties.
The customer shall be entitled to resell the Goods Delivered Under Retention of Title in the ordinary course of business. The customer hereby assigns to us, for purposes of securing our receivables from the delivery of goods to the customer, customer’s receivables resulting from the resale of Goods Delivered Under Retention of Goods. The customer shall remain entitled to collect a given claim even after the assignment of same as per the aforesaid sentence. This shall not affect our right to collect such respective claim ourselves. We shall not collect the respective claim as long as (i) the customer fulfils its payment obligations in respect of the amounts collected by customer, (ii) the customer is not in default of payment, (iii) no petition in bankruptcy is filed and (iv) there is no cessation of payment.
We shall release, at customer’s request, the securities due to us hereunder if and to the extent that their aggregate value exceeds the amount of the receivables to be secured by more than 20%.
8. RIGHT OF REVOCATION
Consumers have the following right of revocation:
Right of Revocation
Right of Revocation
You may declare the revocation of your contractual statement in text form (e.g. letter, fax, email) within a period of 14 days or, if you receive the good before expiration of such aforesaid period, by returning the good. The revocation does not have to contain any grounds. The revocation period commences upon receipt of this revocation instruction in text form, but not before the recipient received the goods (or, in case of repeated deliveries of the same type of goods, not before receipt of the first partial shipment) and not before fulfilment of our duties of information under section 246 § 2 in connection with § 1 para. 1 and 2 EGBGB (“Einführungsgesetz zum Bürgerlichen Gesetzbuch“ – Introductory Act to the German Civil Code) as well as our duties under § 312g para. 1 sentence 1 BGB (“Bürgerliches Gesetzbuch“ – German Civil Code) in connection with section 246 § 3 EGBGB (“Einführungsgesetz zum Bürgerlichen Gesetzbuch“ – Introductory Act to the German Civil Code). The aforesaid time limit for the declaration of revocation shall be deemed observed by the timely dispatch of the declaration of revocation. The revocation is to be addressed to:
Koenig & Wisdom Gbr
Telefon: +49 (0) 174 9180521
Consequences of Revocation
In case of a valid revocation, all mutually received performances are to be restituted and emoluments taken (e.g. interest), if applicable, are to be returned. If you are unable to restitute or return, as applicable, the received performance and emoluments (e.g. benefits of use) to us in full or in part or if you can only restitute or return them in a deteriorated condition, then you have to compensate us for their value to such extent. Such compensation for the deterioration of the good and emoluments taken will only apply if and to the extent that the emoluments or the deterioration is caused by a handling of the good which goes beyond the examination of its qualities and functionality. “Examination of the qualities and functionality” means the testing and trying out of the applicable goods, as such is possible and customary e.g. in a retail store. Goods which are suitable for shipping via parcel post are to be returned at our risk. You have to bear the regular cost of return of the goods to us if the delivered goods correspond to the goods ordered and if the price of the goods to be returned does not exceed an amount of 40 Euro or, where the price of the good is higher, if you have, by the time of revocation, not yet paid the consideration or a contractually agreed part payment. Otherwise the return of the goods will be free of charge to you. Goods which are not suitable for shipping via parcel post will be picked up at your location. Obligations to reimburse payments must be fulfilled within 30 days. For you, such time period starts at the time of dispatch of your declaration of revocation or of the good. For us, it starts at the time of receipt of same.
End of the Revocation Instruction
According to section 312d para. 4 Nr.1 BGB (Bürgerliches Gesetzbuch = German Civil Code) the right of revocation, unless otherwise provided, does, among others, not apply to the delivery of goods which are manufactured according to customer specifications, or which are clearly tailored to personal needs.
9. CLAIMS ARISING FROM DEFECTS/ WARRANTY
a. Warranty in relation to Consumers:
The default rules under the applicable laws shall apply.
a. Warranty in relation to Entrepreneurs:
Where the customer acts as a merchant within the meaning of section 1 of the German Commercial Code (“Handelsgesetzbuch”, abbr. “HGB”) the customer shall inspect the goods immediately after receipt of same. It shall, after receipt of the goods, notify us of apparent defects without undue delay or – should the defect become apparent only at a later point of time – without undue delay after the discovery of the defect. The timely dispatch of the notice shall suffice to preserve the customer’s rights. Where the customer fails to timely notify us in accordance with the aforesaid, the goods shall be deemed approved by the customer; this shall not apply in case that we fraudulently concealed the defect.
If and to the extent of a defect of the purchased goods, we shall, in the first place, provide warranty by way of cure. We shall perform such cure, at our choice, either by way of remedying the defect or by way of replacement delivery. Should such aforesaid cure fail, the customer shall be entitled to abate the remuneration or – in case of significant defects – to terminate the contract.
The warranty period for customer’s claims regarding defects of the goods shall be one year from delivery of same to the customer. This shall not apply to customer’s claims (i) for damages directed at a compensation for a bodily injury or for an injury to health, and where such claims are based on a defect for which we are responsible, or (ii) based on gross negligence of us or of a person assisting us in the performance of our obligations; the aforesaid claims defined under the aforesaid subsections (i) and (ii) of this sentence shall be subject to the applicable limitation period provided for under the applicable laws.
10. LIABILITY LIMITATION
Our liability for damages shall be subject to the following:In case of intention or gross negligence, also on part of any persons assisting us in the performance of our obligations, we shall be liable in accordance with the applicable laws. The same shall apply in case of a damage caused by negligent violation of life, body or health.In case of a damage to property or a financial damage, we ourselves as well as any persons assisting us in the performance of our obligations, shall only be liable in case of breach of an essential contractual obligation, subject, however, to a maximum amount equal to the damage which was foreseeable at the time of conclusion of the contract and typical for the contract; essential contractual obligations within the aforesaid meaning are such obligations the fulfilment of which is a prerequisite for performance of the contract and which the other party may generally expect to be complied with.
Otherwise, any liability for damages of any kind, regardless of the respective underlying cause of action, shall be excluded, except if and to the extent that we are liable under mandatory applicable laws, including without limitation because of the acceptance of a guarantee or under the German Product Liability Act (“Produkthaftungsgesetz”).