table of contents
- scope
- Conclusion of contract
- Contractual right of withdrawal
- Prices and terms of payment
- Delivery and shipping conditions
- Force majeure
- Delay in performance at the customer’s request
- Retention of title
- Liability for defects / warranty
- Liability
- Limitation
- Retention, assignment
- Applicable law, place of jurisdiction
1) Scope
1.1 These General Terms and Conditions (hereinafter “GTC”) of kommit Outdoor GmbH (hereinafter “Seller”) apply to all contracts for the delivery of goods that an entrepreneur (hereinafter “Customer”) concludes with the Seller with regard to the goods presented by the Seller in its online shop. The inclusion of the customer’s own conditions is hereby contradicted, unless otherwise agreed.
1.2 These GTC also apply exclusively if the Seller carries out the delivery to the Customer without special reservation in the knowledge of conflicting terms and conditions of the Customer or terms and conditions deviating from these.
1.3 An entrepreneur within the meaning of these GTC 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 independent professional activity.
2) Conclusion of the contract
2.1 The product descriptions presented in the Seller’s online shop do not constitute binding offers on the part of the Seller, but serve to submit a binding offer by the Customer.
2.2 The customer can submit the offer using the online order form integrated in the seller’s online shop. The Customer submits a legally binding offer to enter into a contract with regard to the goods and/or services contained in the shopping cart by clicking the button that concludes the order process after they have placed the selected goods and/or services in the virtual shopping cart and have gone through the electronic order process. Furthermore, the Customer can also submit the offer to the Seller by e-mail, via the online contact form or by telephone.
2.3 The seller 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 e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
- by requesting payment from the Customer after the Customer has placed their order, or
- if payment by direct debit is offered and the Customer chooses this payment method, by collecting the total price from the Customer’s bank account, whereby the point in time at which the Customer’s account is debited is decisive in this respect.
If there are several of the aforementioned alternatives, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer’s offer within the aforementioned period, this is deemed to be a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent.
2.4 If a payment method offered by PayPal is selected, payment processing takes place via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Use, which can be viewed at https://www.paypal.com
2.5 When submitting an offer via the seller’s online order form, the text of the contract is saved by the seller after the conclusion of the contract and sent to the customer in text form (e.g. e-mail, fax or letter) after the order has been sent. Any further provision of the contract text by the seller does not take place. If the customer has set up a user account in the seller’s online shop before submitting his order, the order data will be archived on the seller’s website and can be accessed free of charge by the customer via his password-protected user account by providing the corresponding login data.
2.6 Before submitting the binding order via the seller’s 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 recognition of input errors can be the enlargement function of the browser, with the help of which the representation on the screen is enlarged. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button which completes the ordering process.
2.7 The German and English languages are exclusively available for the conclusion of the contract.
2.8 The order processing and contact usually takes place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for processing the order is correct, so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller to process the order can be delivered.
2.9 If the parties have agreed on special conditions, these do not generally apply to current and future contractual relationships with the Customer.
2.10 In the event of the Customer’s financial inability to fulfil its obligations towards the Seller, the Seller can terminate existing exchange contracts with the Customer without notice by withdrawing from the contract. This also applies in the event of an insolvency application by the Customer. § 321 BGB and § 112 InsO remain unaffected. The Customer will inform the Seller in writing at an early stage of any impending insolvency.
3) Contractual right of withdrawal
The Seller grants the Customer a contractual right of withdrawal in accordance with the following conditions:
3.1 The Customer has the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which the Customer or a third party designated by them, who is not the carrier, has taken possession of the last goods.
3.2 In order to exercise their right of withdrawal, the Customer must inform the Seller of their decision to withdraw from the contract by means of a clear declaration in text form (e.g. a letter sent by post, fax or e-mail). To comply with the withdrawal period, it is sufficient for the Customer to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
3.3 If the Customer withdraws from the contract in due form and time, the Seller will reimburse the Customer for the purchase price paid, but not the costs for sending the goods and, if applicable, costs incurred for the payment method chosen by the Customer. The purchase price will be refunded within fourteen days from the day on which the notification of withdrawal from the contract was received by the Seller.
3.4 The Seller can refuse the refund until they have received the goods back in full.
3.5 The Customer must return or hand over the goods to the Seller immediately and in any case no later than fourteen days from the day on which they informed the Seller of the withdrawal from the contract. The deadline is met if the Customer sends the goods before the expiry of the period of fourteen days.
3.6 The Customer bears the costs and the risk of returning the goods.
3.7 The Customer is liable for any loss in value of the goods in accordance with the statutory provisions.
4) Prices and terms of payment
4.1 Unless otherwise stated in the Seller’s product description, the prices quoted are net prices and are subject to statutory sales tax. Packaging and shipping costs, loading, insurance (in particular transport insurance), customs duties and levies will be charged separately, if applicable.
4.2 In the case of deliveries to countries outside the European Union, additional costs may arise for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for money transfer by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may 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.
4.3 The Customer has various payment options available, which are specified in the Seller’s online shop.
4.4 If prepayment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date.
4.5 If a payment method offered via the “Ratepay” payment service is selected (e.g. Ratepay invoice, Ratepay prepayment, Ratepay direct debit, Ratepay instalment payment), payment processing is carried out by Ratepay GmbH, Ritterstr. 12-14, 10969 Berlin, (hereinafter “Ratepay”), to which the Seller assigns its claim against the Customer. The Seller will inform the Customer on the Seller’s website which Ratepay payment methods the Seller offers in detail. The Customer can only make payments to Ratepay with debt-discharging effect. However, the Seller remains responsible for general customer enquiries (e.g. regarding the goods, delivery time, dispatch, returns, complaints, declarations of withdrawal and returns or credit notes). In addition, the General Payment Terms of Ratepay apply, which can be accessed here: https://www.ratepay.com
4.6 If the “Sofortüberweisung” payment method is selected, payment processing is carried out by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (hereinafter “Klarna”). In order to be able to pay the invoice amount via “Sofortüberweisung”, the Customer must have an online banking account that has been activated for participation in “Sofortüberweisung”, legitimise themselves accordingly during the payment process and confirm the payment instruction. The payment transaction is carried out immediately afterwards by Klarna and the Customer’s bank account is debited. The Customer can find more information about the “Sofortüberweisung” payment method on the Internet at https://www.klarna.com
4.7 If you choose the payment method purchase on account, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price is payable within 7 (seven) days of receipt of the invoice without deduction, unless otherwise agreed. The seller reserves the right to offer the payment method purchase on account only up to a certain order volume and to refuse this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of a corresponding payment restriction in his payment information in the online shop.
4.8 If the credit card payment method is selected via Stripe, the invoice amount is due immediately upon conclusion of the contract. Payment processing is carried out via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: “Stripe”). Stripe reserves the right to carry out a credit check and to reject this payment method in the event of a negative credit check.
4.9 If a payment method offered via the “Stripe” payment service is selected, payment processing is carried out via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”). The individual payment methods offered via Stripe are communicated to the Customer in the Seller’s online shop. Stripe may use other payment services to process payments, for which special payment conditions may apply, to which the Customer may be referred separately. Further information on Stripe can be found on the Internet at https://stripe.com
4.10 If the SEPA direct debit payment method is selected, the invoice amount is due after a SEPA direct debit mandate has been issued, but not before the deadline for the advance information on the payment has expired. The direct debit will be collected when the ordered goods leave the Seller’s warehouse, but not before the deadline for the advance information has expired. Advance information (“Pre-Notification”) is any notification (e.g. invoice, policy, contract) from the Seller to the Customer that announces a debit by means of SEPA direct debit. If the direct debit is not honoured due to insufficient funds in the account or due to the provision of incorrect bank details or if the Customer objects to the debit, although they are not entitled to do so, the Customer must bear the fees incurred by the chargeback of the respective credit institution if they are responsible for this.
4.11 If you choose the payment method direct debit via Stripe, the payment will be processed by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: “Stripe”). In this case, Stripe will collect the invoice amount from the customer’s bank account on behalf of the seller after a SEPA direct debit mandate has been issued, but not before the deadline for the advance information has expired. Pre-notification (“Pre-Notification”) is any message (e.g. invoice, policy, contract) to the customer that announces a debit using SEPA direct debit. If the direct debit is not redeemed due to insufficient funds in the account or because incorrect bank details have been provided, or if the customer objects to the debit although he is not entitled to do so, the customer must bear the fees incurred by the respective bank if he is responsible for this . The seller reserves the right to carry out a credit check when selecting the SEPA direct debit payment method and to reject this payment method if the credit check is negative.
4.12 A payment is deemed to have been received as soon as the equivalent value has been credited to one of the Seller’s accounts. In the event of default in payment, the Seller is entitled to default interest at a rate of 10 percentage points above the respective base interest rate. The Seller’s other statutory rights in the event of default in payment by the Customer remain unaffected. If claims are overdue, incoming payments will first be credited against any costs and interest, then against the oldest claim.
4.13 Should unforeseeable cost increases occur (e.g. currency fluctuations, unexpected price increases from suppliers, etc.), the Seller is entitled to pass on the price increase to the Customer. However, this only applies if the delivery is to take place more than four months after the conclusion of the contract in accordance with the agreement.
5) Delivery and shipping conditions
5.1 The delivery of goods takes place on the dispatch route to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller’s order processing is decisive.
5.2 The Seller is entitled to make partial deliveries, provided this is reasonable for the Customer. In the case of permissible partial deliveries, the Seller is entitled to issue partial invoices.
5.3 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies in the event that the seller is not responsible for the non-delivery and the seller has concluded a specific covering transaction with the supplier with due care. The seller will make every reasonable effort to procure the goods. In the event of the unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be reimbursed immediately.
5.4 The risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has handed over the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the dispatch. This also applies if the Seller bears the costs of transport. Transport insurance is only carried out at the special request and at the expense of the Customer.
5.5 In the event that the dispatch of the goods to the Customer is delayed for reasons for which the Customer is responsible, the transfer of risk already occurs with notification of readiness for dispatch to the Customer. Any storage costs incurred after the transfer of risk must be borne by the Customer.
5.6 Self-collection is not possible for logistical reasons.
6) Force majeure
In the event of force majeure events that affect the performance of the contract, the Seller is entitled to postpone the delivery by the duration of the hindrance and, in the event of longer-term delays, to withdraw from the contract in whole or in part without any claims being derived against the Seller as a result. Force majeure includes all events that are unforeseeable for the Seller or those that – even if they were foreseeable – are beyond the Seller’s sphere of influence and whose effects on the performance of the contract cannot be prevented by reasonable efforts on the part of the Seller. Any statutory claims of the Customer remain unaffected.
7) Delay in performance at the customer’s request
If the dispatch or delivery of the goods is delayed by more than one month after notification of readiness for dispatch at the Customer’s request, the Customer may be charged storage fees for each additional month or part thereof at a rate of 0.5% of the purchase price, but not more than a total of 5% of the purchase price. The contracting parties are at liberty to prove higher or lower damages.
8) Retention of title
8.1 The Seller retains ownership of the delivered goods until the purchase price owed has been paid in full. Furthermore, the Seller retains ownership of the delivered goods until all of its claims arising from the business relationship with the Customer have been fulfilled.
8.2 In the event of processing of the delivered goods, the Seller is deemed to be the manufacturer and acquires ownership of the newly created goods. If the processing takes place together with other materials, the Seller acquires ownership in the ratio of the invoice values of its goods to that of the other materials. If, in the event of the combination or mixing of the Seller’s goods with an item of the Customer, this is to be regarded as the main item, the co-ownership of the item passes to the Seller in the ratio of the invoice value of the Seller’s goods to the invoice value of the main item or, in the absence of such, to the market value of the main item. In these cases, the Customer is deemed to be the custodian.
8.3 The Customer may neither pledge nor assign goods subject to retention of title or rights as security. The Customer is only permitted to resell the goods as a reseller in the ordinary course of business on the condition that the Customer has effectively assigned its claims against its customers in connection with the resale to the Seller and that the Customer transfers ownership to its customer subject to payment. By concluding the contract, the Customer assigns its claims in connection with such sales against its customers to the Seller as security, who simultaneously accepts this assignment.
8.4 The Customer must immediately notify access to the goods owned or co-owned by the Seller or to the assigned claims. They must immediately transfer amounts collected by them from the Seller to the Seller, insofar as the Seller’s claim is due.
8.5 If the value of the Seller’s security rights exceeds the amount of the secured claims by more than 10%, the Seller will release a corresponding portion of the security rights at the Customer’s request.
9) Liability for defects / warranty
If the purchased item is defective, the provisions of statutory liability for defects apply. In deviation from this, the following applies:
9.1 Claims for defects do not arise in the event of natural wear and tear or damage that occurs after the transfer of risk as a result of faulty or negligent handling, excessive strain, unsuitable operating materials or that occurs due to special external influences that are not required under the contract. If the Customer or third parties carry out improper modifications or repair work, there are also no claims for defects for these and the resulting consequences, unless the Customer can prove that the defect complained of was not caused by these modifications or repair work.
9.2 For new goods, the limitation period for claims for defects is one year from delivery of the goods. For used goods, claims for defects are excluded.
9.3 The above-regulated limitations of liability and shortening of the limitation period do not apply
- for things that have been used for a building in accordance with their normal use and have caused its defectiveness,
- for claims for damages and reimbursement of expenses by the customer,
- in the event that the Seller has fraudulently concealed the defect, as well as
- for the right of recourse according to § 445a BGB.
9.4 In the event of subsequent performance, the Seller has the right to choose between rectification of the defect or replacement delivery.
9.5 If a replacement delivery is made within the scope of liability for defects, the limitation period does not begin again.
9.6 If subsequent performance has been carried out by means of a replacement delivery, the Customer is obliged to return the goods originally delivered to the Seller within 30 days. The return package must contain the reason for the return, the Customer’s name and the number assigned for the purchase of the defective goods, which enables the Seller to allocate the returned goods. As long as and to the extent that the allocation of the return is not possible for reasons for which the Customer is responsible, the Seller is not obliged to accept returned goods and to refund the purchase price. The costs of resending are borne by the Customer.
9.7 If the Seller delivers a defect-free item for the purpose of subsequent performance, the Seller can assert a compensation for use against the Customer in accordance with § 346 Para. 1 BGB. Other statutory claims remain unaffected.
9.8 If the customer is acting as a merchant as defined by § 1 of the German Commercial Code (HGB), they are subject to the commercial obligation to inspect and give notice of defects pursuant to § 377 of the German Commercial Code (HGB). If the customer fails to comply with the notification obligations regulated there, the goods are deemed to have been approved.
10) Liability
The seller is liable to the customer for all contractual, quasi-contractual, and statutory claims, including tort claims, for damages and reimbursement of expenses as follows:
10.1 The seller is liable without limitation for any legal reason
- in the event of intent or gross negligence,
- in the event of intentional or negligent injury to life, limb, or health,
- based on a guarantee promise, unless otherwise stipulated in this regard,
- based on mandatory liability such as under the Product Liability Act.
10.2 If the seller negligently breaches a material contractual obligation, the liability is limited to the typical, foreseeable damage, unless unlimited liability applies in accordance with the above paragraph. Material contractual obligations are obligations that the contract imposes on the seller according to its content to achieve the purpose of the contract, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the customer may regularly rely.
10.3 Otherwise, the seller’s liability is excluded.
10.4 The above liability regulations also apply with regard to the liability of the seller for its vicarious agents and legal representatives.
11) Limitation
Claims of the customer against the seller are subject to a statute of limitations of one year from knowledge of the facts justifying the claim, but no later than five years after performance of the service, unless unlimited liability applies in accordance with the above paragraph, with the exception of the claims regulated under the point “Liability for Defects / Warranty”.
12) Retention, Assignment
12.1 The customer’s rights of retention and refusal of performance are excluded, unless the seller does not dispute the underlying counterclaims or these have been legally established.
12.2 An assignment of claims from the contract concluded with the customer by the customer, in particular an assignment of any claims for defects of the customer, is excluded.
13) Applicable Law, Place of Jurisdiction
13.1 The law of the Federal Republic of Germany shall apply to all legal relations between the parties, to the exclusion of the laws on the international sale of movable goods.
13.2 If the customer acts as a merchant, legal entity under public law or special fund under public law with its registered office in the sovereign territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller’s place of business. If the customer is based outside the territory of the Federal Republic of Germany, the seller’s place of business is the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims from the contract can be attributed to the customer’s professional or commercial activity. In the above cases, however, the seller is always entitled to call the court at the customer’s registered office.
