of the web shop at www.peter-kaiser.de
V4.0 / Last update: 02.10.2019
§ 1 General dispositions
(1) By placing the order the client agrees to the present general conditions of sale
(2) The latest version of the GCS is applicable.
(3) Divergent conditions of the client are hereby waived off; different conditions are not part of the contract, even when not expressly opposed to, unless we have stated our agreement in writing
§ 2 Contract closing, saving of contracts contents
(1) By placing an order, the client submits a binding offer to close a sales contract. He will then receive an email with the confirmation of receipt of order and the information about his cancellation rights. Such confirmation of receipt is not a confirmation of the acceptance of the order. The contract is only closed after our explicit acceptance of the order. The acceptance or refusal of the client’s offer is made through a declaration of acceptance or refusal sent to the email of the client. Such acceptance is also effective through the shipment notice or by delivering the ordered goods.
(2) We will save the contract contents and send it to you per email. Our GCS are always accessible on our website. You may consult older orders in your clients account.
§ 3 Payment and default
§ 4 Delivery
(1) Should there be no agreement in contrary the goods will be sent to the delivery address indicated by the client.
(2) Should we not be able to deliver the goods for reasons of which we are not responsible as f.i. the retailer, which should deliver the goods does not comply, we will have the right to cancel the client’s order. We will inform the client that the goods are not available. Should the price have already been paid for, we will return it without delay.
(3) The client’s legal rights remain untouched.
§ 5 Right of withdrawal
Consumers have a cancellation right. A consumer is an individual, who makes a transaction which purpose is neither commercial nor professional.
Please learn more about the cancellation rights under cancellation policy. The cancellation policy (as well as the cancellation form, which may be used to cancel the order) can be found below these GCS, at www.peter-kaiser.de or in the confirmation mail you receive from us after placing the order.
§ 6 Reservation of title
The delivered goods remain our property until fully paid by the client.
§ 7 Set-off and retention right
A right of set-off or retention can only be exercised by the client when his claims are indisputable or legally valid. Such rights can only be exercised within the same contractual relationship.
§ 8 Liability for defects and warranty
(1) In case of defect gods – f.i. due to a production error or damage – the client may make use of the legal warranty rights.
(2) The cession of those rights by the client to a third party is excluded.
§ 9 Final dispositions
(1) The contract language and the language for all relevant documents concerning this contract is German.
(2) Translations are not legally binding. The German version is deciding.
(3) The contract is exclusively subject to German law. Where German law refers to foreign legislation (cross and follow-up-references) these references will be void.
Consumer’s right of cancellation
Consumers have the rights of cancellation as described hereunder.
A consumer is an individual, who makes a transaction which purpose is neither commercial nor professional. A firm or a company can never be considered a consumer. An individual buying something for himself is always a consumer. In the middle lay the individual businessperson, the independent business owner and the freelancer. In such cases, it depends on the purpose of the purchase. An example: it makes a difference if a lawyer buys something for himself or for his law firm. If in doubt, the buyer is considered a consumer.
The contract may be cancelled within a period of 14 days with no need of explanation. The cancellation period is of 14 days counted from the day
• on which you or a third party appointed by you (not the carrier) has/have taken possession of the goods when you have ordered an article or various articles in one order and those were delivered in bulk;
• on which you or a third party appointed by you (not the carrier) has/have taken possession of the goods delivered last when you have ordered various articles in one order and those were delivered separately;
• on which you or a third party appointed by you (not be the carrier) has/have taken possession of the last partial shipment or piece when you have ordered goods, which are delivered in various partial shipments or pieces.
When more than one of the above situations apply, the cancellation period will be counted from the day on which you or a third party appointed by you (not the carrier) take(s) possession of the last goods, partial shipment or piece.
In order to exercise your right of cancellation, you must notify us (Peter Kaiser Retail GmbH, Lemberger Strasse 46, D-66955 Pirmasens, phone +49 (0)6331 716-305, telefax +49 (0)6331 716-196, email firstname.lastname@example.org) in writing (f.i. by letter, telefax or email) of your decision to cancel. You may use for your convenience the enclosed cancellation form; yet this is not mandatory. In order to keep the term, the cancellation notification must reach us before the end of the cancellation period.
Consequences of cancellation
If you cancel the contract, we will reimburse you without delay, at the latest 14 days after receipt of the cancellation notification, of all the monies received from you, incl. delivery costs (unless you have chosen a delivery method other and more costly than our standard delivery). (However, we reserve the right not to reimburse shipping costs to countries outside Germany). The monies will be reimbursed through the same method used for payment unless there was another agreement; the reimbursement will be at absolutely no cost for you.
The reimbursement will only take place once we have received the returned goods or a document proving that you have sent them to us, whatever occurs first.
You must return the goods without delay, at the latest 14 days after the date on which you notified us about the cancellation. Goods are to be returned to us. You may find our name and address on our order confirmation or on the delivery note. In order to keep the term, you must return the goods before the end of the 14-day period. Return costs for goods returned are of the responsibility the client.
You must only reimburse us on grounds of depreciation of the goods when such depreciation results from the handling the goods in an incorrect way to assert its nature, characteristics and function.
Exclusion or premature expiration of the cancellation right
A cancellation right does not apply to contracts
• concerning goods that are not ready-made and which are made to customer specification or choice or to meet the individual needs of a client;
• concerning perishable goods or goods with short expiration dates;
• concerning newspapers and magazines excluding subscription contracts.
The cancellation rights expires prematurely for contracts
• concerning sealed goods, which due to its nature cannot be returned on grounds of public health or hygienic, if the seal is broken after delivery;
• concerning goods which due to its nature were inextricably merged with other goods after delivery.
You may download your cancellation form here.