Table of Contents
- Scope of application
- Conclusion of contract
- Right of cancellation
- Pricing and terms of payment
- Shipping terms
- Retention of title
- Liability for defects
- Applicable law
- Alternative dispute resolution
Scope of application
1.1 Diese Allgemeinen Geschäftsbedingungen (nachfolgend „AGB“) der Isaak Köhl GbR (nachfolgend „Verkäufer“), gelten für alle Verträge über die Lieferung von Waren, die ein Verbraucher oder Unternehmer (nachfolgend „Kunde“) mit dem Verkäufer hinsichtlich der vom Verkäufer in seinem Online-Shop dargestellten Waren abschließt. Hiermit wird der Einbeziehung von eigenen Bedingungen des Kunden widersprochen, es sei denn, es ist etwas anderes vereinbart.
1.2Consumers in the meaning of these GTC is any natural person who concludes a legal transaction for purposes that can largely not be attributed to their commercial or independent professional activity. Entrepreneur in the sense of these terms and conditions is a natural or legal person or a legal partnership that acts in the course of a legal transaction in the exercise of its commercial or independent professional activity.
Conclusion of contract
2.1The product descriptions in the online shop of the vendor are not binding offers on behalf of the seller, but serve to submit a binding offer by the customer.
2.2The customer can submit the offer via the online order form integrated in the seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer in relation to the goods contained in the shopping cart by clicking the button that concludes the ordering process. The customer can also submit the offer to the vendor by telephone.
2.3The vendor can accept the customer's offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, whereby the access of the goods to the customer is decisive, or
- by asking the customer to pay after placing his order.
If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the submission of the offer. If the vendor does not accept the customer's offer within the aforementioned period, this is considered to be a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent.
2.5If the payment type "Amazon Payments" is selected, payment processing is carried out via the payment service provider Amazon Payments Europe s.c.a., 5 Rue Plaetis, L-2338 Luxembourg (hereinafter: "Amazon"), under the terms of the Amazon Payments Europe user agreement, visible at https://pay.amazon.com/help/201751590. If the customer selects "Amazon Payments" as the payment method as part of the online ordering process, he also issues a payment order to Amazon by clicking the button that concludes the ordering process. In this case, the seller declares acceptance of the customer's offer at the time when the customer triggers the payment process by clicking the button that concludes the order process.
2.6When submitting an offer via the vendors online order form, the contract text is saved by the vendor and sent to the customer in text form (e.g. e-mail, fax or letter) after submitting his order together with the present terms and conditions. In addition, the text of the contract is archived on the vendors website and can be called up free of charge by the customer via his password-protected customer account, providing the appropriate login data, provided the customer has created a customer account in the vendors online shop before sending his order.
2.7Before placing the order through the vendors online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the browser's zoom function, which is used to enlarge the display on the screen. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.
2.8Only German and English language is available for the conclusion of the contract.
2.9Order processing and contacting usually take place via email and automated order processing. The customer must ensure that the email address provided by him for order processing is correct so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned to process the order can be delivered.
2.10When ordering alcoholic beverages, the customer confirms by submitting the order that he has reached the legally required minimum age and undertakes to ensure that either he or an adult person authorized by him can accept the goods.
Right of cancellation
3.1Consumers generally have the right to withdraw their orders.
3.2Further information on the right of cancellation can be found in the seller's cancellation policy.
Pricing and terms of payment
4.1Unless otherwise stated in the seller's product description, the prices quoted are total prices that include the statutory value added tax. If applicable, additional delivery and shipping costs are specified separately in the respective product description.
4.2For deliveries to countries outside the European Union, additional costs may arise in individual cases, which the seller is not responsible for and which are borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs can also arise in relation to the money transfer if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3The payment option (s) will be communicated to the customer in the seller's online shop.
4.4If prepayment has been agreed by bank transfer, payment is due immediately after the contract is concluded, unless the parties have agreed a later due date.
4.5If you select the "SOFORT" payment method, payment processing is carried out by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to be able to pay the invoice amount via "SOFORT", the customer must have an online banking account with PIN / TAN procedure activated for participation in "SOFORT", have to be authorized accordingly during the payment process and the payment instruction to "SOFORT" to confirm. The payment transaction is carried out immediately afterwards by "SOFORT" and the customer's bank account is debited. The customer can find more information on the "IMMEDIATE" payment method on the Internet at https://www.klarna.com/sofort/ .
5.1The delivery of goods takes place on the way to the delivery address given by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive.
5.2If the transport company sends the goods back to the seller because delivery to the customer was not possible, the customer bears the costs of the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the offered service, unless the seller announced the service a reasonable time in advance would have. Furthermore, this does not apply with regard to the costs for the shipment if the customer effectively exercises his right of cancellation. If the customer effectively exercises the right of cancellation, the return shipping costs are governed by the rules set out in the seller's cancellation policy.
5.3Pickup is not possible for logistical reasons.
Retention of title
If the seller makes advance payment, he reserves ownership of the delivered goods until the purchase price owed has been paid in full.
Liability for defects
7.1 Ist die Kaufsache mangelhaft, gelten die Vorschriften der gesetzlichen Mängelhaftung.
7.2The customer is asked to complain to the deliverer about goods delivered with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect on his legal or contractual claims for defects.
The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer is habitually resident.
Alternative dispute resolution
9.1The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for out-of-court settlement of disputes arising from online sales or service contracts in which a consumer is involved.
9.2The vendor is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.