table of contents

  1. scope
  2. Conclusion of contract
  3. Right of withdrawal
  4. Prices and terms of payment
  5. Delivery and shipping conditions
  6. Retention of title
  7. Liability for defects (warranty)
  8. Redemption of campaign vouchers
  9. Redeeming gift vouchers
  10. Applicable Law
  11. Place of jurisdiction
  12. Alternative dispute resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of kommit Outdoor GmbH (hereinafter referred to as “Seller”) apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as “Customer”) concludes with the Seller with regard to the goods presented by the Seller in its online store. The inclusion of the customer’s own conditions is hereby contradicted, unless otherwise agreed.

1.2  These GTC apply accordingly to contracts for the delivery of vouchers, unless otherwise agreed.

1.3  A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity.

1.4  Entrepreneur within the meaning of these terms and conditions 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 contained in the seller’s online shop do not represent 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. 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 for the goods in the shopping cart by clicking the button that concludes the ordering process. The customer can also submit the offer to the seller by phone, email or online contact form.

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 asking the customer to pay after placing his order.

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, the payment shall be processed 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/de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – under the terms and conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays by means of a payment method offered by PayPal that can be selected in the online ordering process, the seller already declares acceptance of the customer’s offer at the time the customer clicks the button that completes the ordering process.

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  German and English are 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 third parties commissioned by the seller to process the order can be delivered.

3) right of withdrawal

3.1  Consumers generally have a right of withdrawal.

3.2  Further information on the right of withdrawal can be found in the seller’s cancellation policy.

3.3  The right of withdrawal does not apply to consumers who do not belong to any member state of the European Union at the time the contract is concluded and whose sole residence and delivery address are outside the European Union at the time the contract is concluded.

4) Prices and terms of payment

4.1  Unless otherwise stated in the seller’s product description, the prices given are total prices that include statutory sales tax. Any additional delivery and shipping costs that may arise are specified separately in the respective product description.

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 payment option (s) will be communicated to the customer 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 the payment method “SOFORT” is selected, payment will be processed 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 that has been activated for participation in “SOFORT”, identify himself accordingly during the payment process and confirm the payment instruction to “SOFORT”. The payment transaction is carried out immediately afterwards by “SOFORT” and the customer’s bank account is debited. More detailed information on the “SOFORT” payment method is available to the customer on the Internet at https://www.klarna.com/sofort/.

4.6  When selecting a payment method offered via the “VR Payment” payment service, the payment is processed via the payment service provider VR Payment GmbH, Saonestrasse 3a, 60528 Frankfurt am Main, Germany (hereinafter: “VR Payment”). The individual payment methods offered via VR Payment are communicated to the customer in the seller’s online shop. To process payments, VR Payment can use the services of third-party payment service providers, for which special payment conditions may apply, to which the customer may be referred to separately. Further information on “VR Payment” is available on the Internet at https://www.vr-payment.de/onlinehandel#article-878.

4.7 If you select a payment method offered via the “Stripe” payment service, 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”). The individual payment methods offered via Stripe are communicated to the customer in the seller’s online shop. To process payments, Stripe can use other payment services for which special payment conditions may apply, to which the customer may be informed separately. More information about Stripe is available online at https://stripe.com/de available.

4.8  If you select 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 must be paid within 14 (fourteen) 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.

4.9 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.

4.10 If you choose the credit card payment method via Stripe, the invoice amount is due immediately upon conclusion of the contract. Payment is processed by 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 type of payment in the event of a negative credit check.

4.11  If you select a payment method offered via the “Klarna” payment service, the payment will be processed by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter “Klarna”). Further information and Klarna’s terms and conditions can be found in the seller’s payment information, which can be viewed at the following Internet address:

https://kommit-bike.de/shop/zahlungsweisen/

5) Delivery and shipping conditions

5.1  If the seller offers to ship the goods, the delivery will be made within the delivery area specified by the seller 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  If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller. This does not apply with regard to the shipping costs if the customer effectively exercises his right of withdrawal. For the return costs, if the customer exercises his right of revocation, the provisions made in the seller’s instructions on revocation apply.

5.3  If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold only passes when the goods are handed over to the customer or a person authorized to receive them. Deviating from this, the risk of accidental loss and accidental deterioration of the goods sold also passes to the customer for consumers as soon as the seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment, if the Customer commissioned the forwarding agent, the carrier or the person or institution otherwise responsible for carrying out the shipment with the execution and the seller had not previously named this person or institution to the customer.

5.4  The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery to himself. 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.

5.5  If the seller offers the goods for collection, the customer can collect the ordered goods within the business hours specified by the seller at the address specified by the seller. In this case, no shipping costs will be charged.

5.6  Vouchers are provided to the customer as follows:

– by email

6) Retention of title

If the seller makes an advance payment, he retains ownership of the delivered goods until the purchase price owed has been paid in full.

7) Liability for defects (warranty)

7.1  Unless otherwise stated in the following regulations, the statutory liability for defects shall apply. Deviating from this, the following applies to contracts for the delivery of goods:

7.2  If the customer acts as an entrepreneur,

  • the seller has the choice of the type of supplementary performance;
  • in the case of new goods, the limitation period for defects is one year from delivery of the goods;
  • in the case of used goods, the rights and claims due to defects are excluded;
  • the statute of limitations does not begin again if a replacement delivery is made as part of the liability for defects.

7.3  The limitations of liability and shortening of deadlines set out above do not apply

  • for claims for damages and reimbursement of expenses by the customer,
  • in the event that the seller has fraudulently concealed the defect,
  • for goods that have been used for a building in accordance with their usual purpose and have caused its defectiveness,
  • for any existing obligation of the seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.

7.4  In addition, it applies to entrepreneurs that the statutory limitation periods for any existing statutory right of recourse remain unaffected.

7.5  If the customer acts as a merchant within the meaning of § 1 HGB, he has the commercial obligation to examine and give notice of defects according to § 377 HGB. If the customer fails to comply with the notification obligations regulated there, the goods are deemed to have been approved.

7.6  If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.

8) Redemption of campaign vouchers

8.1  Vouchers that are issued free of charge by the seller as part of promotions with a certain period of validity and that cannot be purchased by the customer (hereinafter “promotional vouchers”) can only be redeemed in the seller’s online shop and only within the specified period.

8.2  Promotion vouchers can only be redeemed by consumers.

8.3  Individual products can be excluded from the voucher campaign, provided that a corresponding restriction results from the content of the campaign voucher.

8.4  Promotion vouchers can only be redeemed before completing the order process. Subsequent billing is not possible.

8.5  Only one campaign voucher can be redeemed per order.

8.6  The value of the goods must be at least equal to the amount of the campaign voucher. Any remaining credit will not be refunded by the seller.

8.7  If the value of the campaign voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.

8.8  The credit of a campaign voucher is neither paid out in cash nor is interest paid.

8.9  The campaign voucher will not be refunded if the customer returns the goods paid for in whole or in part with the campaign voucher within the scope of his statutory right of withdrawal.

8.10  The campaign voucher is transferable. The seller can, with discharging effect, make payments to the respective owner who redeems the promotional voucher in the seller’s online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, legal incapacity or lack of authorization of the respective owner.

9) Redeeming gift vouchers

9.1  Vouchers that can be purchased via the seller’s online shop (hereinafter “gift vouchers”) can only be redeemed in the seller’s online shop, unless otherwise stated in the voucher.

9.2  Gift vouchers and remaining balance of gift vouchers can be redeemed by the end of the third year following the year in which the voucher was purchased. Remaining credit will be credited to the customer until the expiry date.

9.3  Gift vouchers can only be redeemed before completing the order process. Subsequent billing is not possible.

9.4  Only one gift voucher can be redeemed per order.

9.5  Gift vouchers can only be used for the purchase of goods and not for the purchase of additional gift vouchers.

9.6  If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.

9.7  The balance of a gift voucher is neither paid out in cash nor is interest paid.

9.8  The gift voucher is transferable. The seller can, with discharging effect, make payments to the respective owner who redeems the gift voucher in the seller’s online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, legal incapacity or lack of authorization of the respective owner.

10) Applicable Law

10.1  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 by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.

10.2  Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who do not belong to any member state of the European Union at the time the contract is concluded and whose sole residence and delivery address are outside the European Union at the time the contract is concluded.

11) Place of jurisdiction

If the customer acts as a merchant, legal entity under public law or special fund under public law with its seat in the 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.

12) Alternative dispute resolution

12.1 The 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 point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.

12.2  The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

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