GTC
General Terms and Conditions for the Online Shop
www.kunz-packaging.de
1 General and business relations
1. the following general terms and conditions apply to the contractual relationships between the seller and its customers (hereinafter referred to as "buyer") concluded within the framework of the online shop "Barrier packaging" of KUNZ Packaging GmbH, Weinstrasse Süd 62, 67487 Maikammer, info@kunz-packaging.de (hereinafter referred to as "seller").
2. contracts are concluded with both consumers and entrepreneurs.
3. a consumer is any natural person who concludes a legal transaction for purposes which can predominantly be attributed neither to his commercial nor his independent professional activity
4. according to Section 14 of the German Civil Code (BGB), an entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is acting in the exercise of their commercial or independent professional activity. A partnership with legal capacity is a partnership that has the ability to acquire rights and enter into obligations.
2 Conclusion of the contract
1. all products, articles and services to be purchased in the seller's online shop do not constitute binding offers by the seller in the legal sense, but are in turn an invitation to the buyer to make an offer.
2. after the order has been sent by the buyer, the buyer shall immediately receive an e-mail confirming receipt of the order. The contract is concluded by the seller's confirmation of receipt.
3 Prices, value added tax, payment
1. all prices quoted are total prices including statutory VAT plus any shipping costs incurred depending on the type of delivery (see § 4).
2. the seller offers the following payment methods: Bank transfer (prepayment), PayPal, credit card. The seller shall issue the customer with an invoice for the ordered goods, which shall be enclosed with the delivery of the goods or sent by letter.
4 Deliveries, shipping costs and transfer of risk
1. the delivery (delivery of a shipping company) takes place immediately after receipt of money or message by PayPal.
2. the seller's terms of delivery and payment are shown in more detail in the order form. Please refer to the respective item description for the delivery date.
3. on the last order page before submitting your offer ("Buy") you will again receive a complete overview of the essential characteristics of the goods, the total price of the goods, as well as all associated components such as shipping and packaging costs.
4. if the buyer is a consumer within the meaning of § 13 BGB, the shipping risk is borne exclusively by the seller. If, on the other hand, the buyer is an entrepreneur, the risk shall pass to the buyer as soon as the seller has delivered the goods to the forwarding agent or to the person or organisation otherwise designated to carry out the shipment.
5. Cancellation policy
Cancellation policy and sample cancellation form
The following cancellation policy applies exclusively to consumers (see § 1 of the General Terms and Conditions).
Right of cancellation
You have the right to cancel this contract within 14 days without giving any reason. The cancellation period is 14 days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.
To exercise the right to cancel, you must inform us ("www.kunz-packaging.de " of KUNZ Packaging, Weinstrasse Süd 62, 67487 Maikammer, info@kunz-packaging.de) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample cancellation form, but this is not mandatory.
To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of
right of cancellation before the expiry of the cancellation period.
Consequences of cancellation
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. We may withhold reimbursement until we have received the goods back or until you have supplied evidence of having sent back the goods, whichever is the earliest. You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the cancellation of this contract. The deadline is met if you dispatch the goods before the period of fourteen days has expired. You shall bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.
- End of the cancellation policy-
Exclusion of the right of cancellation
The right of cancellation does not apply to contracts
- for the delivery of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly customised to the personal needs of the consumer,
- for the delivery of goods that can spoil quickly or whose expiry date would be quickly exceeded,
- for the supply of alcoholic beverages, the price of which was agreed upon conclusion of the contract, but which can be delivered at the earliest 30 days after conclusion of the contract and whose current value depends on fluctuations in the market over which the trader has no influence,
- for the delivery of newspapers, periodicals or magazines with the exception of subscription contracts
The right of cancellation may lapse
- for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery,
- for the delivery of goods if they have been inseparably mixed with other goods after delivery due to their nature,
- for the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery - for the delivery of newspapers, periodicals or magazines with the exception of subscription contracts.
Sample cancellation form
If you wish to cancel the contract, please complete this form and return it to us.
send it back to us.
To ["www.kunz-packaging.de" of KUNZ Packaging GmbH, Weinstrasse Süd 62, 67487 Maikammer, info@kunz-packaging.de]:
I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase
the following goods (*)/the provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only for notification on paper)
- Date(s)
_______________
(*) Delete as appropriate.
6 Retention of title
The seller retains title to the goods until the purchase price has been paid in full.
7 Liability for defects
The statutory liability for defects shall apply to our goods, unless deviated from here under V.
1. if the customer acts as a consumer, the limitation period for warranty claims for used goods shall be limited to one year from delivery of the goods. The limitation period for claims for damages in the event of injury to life, body or health based on an intentional or negligent breach of duty by the seller or on an intentional or negligent breach of duty by a legal representative or vicarious agent of the seller shall remain unaffected. Furthermore, the limitation period for claims for damages for other damages based on an intentional or grossly negligent breach of duty by the seller or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the seller shall remain unaffected. In addition, any liability under the Product Liability Act shall remain unaffected. In all other respects, the statutory provisions shall apply.
2. the following applies to entrepreneurs with regard to warranty and liability:
a)
The limitation period for warranty claims against entrepreneurs is one year for both newly manufactured items and used items. In all other respects, the statutory provisions shall also apply here.
b)
The Buyer must inspect the goods immediately after delivery by the Seller in accordance with § 377 HGB (German Commercial Code), insofar as this is feasible in the ordinary course of business, and, if a defect is found, notify the Seller immediately. If the Buyer fails to notify the Seller, the goods shall be deemed to have been approved, unless the defect was not recognisable during the inspection. If such a defect is discovered later, notification must be made immediately after discovery. Otherwise, the goods shall also be deemed to have been approved with regard to this defect. Timely dispatch of the notification is sufficient to safeguard the rights of the buyer. If the seller has fraudulently concealed the defect, he may not invoke these provisions.
8 Further information obligations for distance selling contracts and for electronic commerce
1. Technical steps for concluding the contract/ordering process
Select the products you wish to order by clicking on the "ADD TO CART" button. This places your selection in the shopping basket. You can change this selection at any time until you send your order by changing the number of products, deleting the selection by clicking the "Remove" button or cancelling the order process. Clicking the "Checkout" button will take you to the next order step. Please log in with a user name and password if you already have a customer account, otherwise please register as a new customer. You also have the option of placing an order as a guest without your own customer account. Your data will be collected, processed and used in compliance with data protection regulations. Your data will not be used for any other purpose or passed on to third parties. After entering the customer and billing information, the registration must be completed by clicking the "Continue to dispatch" button. In the next order step, please select the desired shipping method and click "Continue to payment". Then select the payment method. Click on the "Check order" button to proceed to the next order step. Please read the general terms and conditions and the cancellation policy carefully. You can only continue with the order if you agree to the terms and conditions (tick the box). You will receive an overview of your order: the selected products, the shipping and billing address and your contact details. By clicking on the "Buy" button, you are sending your order to us. By doing so, you are submitting a legally binding offer.
2. Storage of the contract text after conclusion of the contract and accessibility for the
2. Customer.
The contract text and your order details are stored by the seller. After completing your order, you will receive a clear order confirmation containing all the details of your order. It is also possible to print out the text of the contract using the browser's print function. Your order details can also be found separately in the e-mail sent to you. In addition, the seller will send the contractual terms and conditions to the buyer by e-mail at any time on request.
3. Possibility of correcting input errors
You can correct your entries at any time before submitting your order. This can be done by using the "back button" or the "back arrow" of your Internet browser. Corrections can be made either directly on the individual offer pages in the available input fields. It is also possible to update the products or delete individual products in the virtual shopping basket. All these correction options are available up to and including the submission of the binding offer via the "Buy" button.
4 Contract language
The contract language is exclusively German.
5. Codes of conduct
The seller has not submitted to any relevant codes of conduct.
6. Order confirmation
After the customer has sent the offer, he will receive a confirmation email.
7 Complaints and warranties
Complaints, in particular warranty claims, must be addressed to the seller.
8. Essential characteristics of the goods
The essential characteristics of the goods can be found in the item description. This also applies to the period of validity of any limited offers.
9 Alternative dispute resolution pursuant to Art. 14 (1) ODR Regulation and Section 36 VSBG:
The European Union has set up an online platform ("ODR platform") for the out-of-court settlement of consumer disputes, which you can contact. The ODR platform is intended to serve as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. You can find the platform at https://ec.europa.eu/consumers/odr/“
We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
10 Duty to provide information in accordance with the Battery Act (BattG)
In connection with the sale of batteries or accumulators or with the delivery of devices containing batteries or accumulators, we are obliged under the Battery Ordinance to point out the following: Batteries must not be disposed of with household waste. As the end user, you are legally obliged to return used batteries. You can return batteries free of charge after use at the point of sale or in the immediate vicinity (e.g. at municipal collection centres or in shops). You can also return batteries from our range in normal quantities to us by post. Batteries or accumulators that contain harmful substances are labelled with the symbol of a crossed-out dustbin. The chemical name of the pollutant is next to the dustbin symbol. "Cd" stands for cadmium, "Pb" for lead, "Hg" for mercury, "Li" for lithium, "Ni" for nickel, "Mh" for metal hydride and "Zi" for zinc. The symbols under the waste bins stand for:
Pb: Battery contains more than 0.004 per cent lead by mass
Cd: Battery contains more than 0.002 per cent cadmium by mass
Hg: Battery contains more than 0.0005 per cent mercury by mass
The crossed-out wheeled bin symbol means that the battery must not be disposed of with household waste.
Further detailed information on the Battery Act can also be obtained from the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety.
11 Act on the Placing on the Market, Taking Back and Environmentally Sound Disposal of Electrical and Electronic Equipment
Since 13 August 2005, manufacturers have had to take back old electrical appliances placed on the market free of charge. Manufacturers must label their electrical and electronic equipment placed on the market after 23 November 2005 with a symbol (crossed-out wheeled bin). As a retailer, we are legally obliged to inform you that such old appliances must not be disposed of as unsorted municipal waste, but must be collected separately and disposed of via the local collection and return systems. In accordance with the "ElektroG" law of 23 March 2005, from 25 November 2005 we will only sell electrical and electronic equipment from manufacturers who have registered accordingly with the competent authority and can provide evidence of an insolvency-proof guarantee for the financing of the return and disposal of their electrical equipment.
12 Final provision
The contractual relationship between the seller and the customer as well as the respective terms and conditions shall be governed by the law of the Federal Republic of Germany. Consumers whose habitual residence is abroad may also invoke the law of the country in which they are domiciled, irrespective of the specific choice of law.
