GCS

General conditions of sale (GCS)
of the web shop at www.peter-kaiser.de
V3.0 / Last update: 13.06.2014
 

Info / Preamble

 
PETER KAISER Retail GmbH (hereinafter referred to as „PETER KAISER“ or „us“) operates an online-shop with integration of its retailers at www.peter-kaiser.de. This means that your buying offer is redirected to our authorized retailer network. As soon as one of our retailers confirms having the goods in stock and ready for delivery, we will send you per email a formal confirmation of order. Only then is the sales contact between you and PETER KAISER closed, The authorized retailer, which has agreed to send the goods, will then send them directly to you in the name of PETER KAISER. Contract party and seller is only PETER KAISER. Should you have any queries or problems concerning the delivery please always contact PETER KAISER.
Hence the following conditions will apply:
 

§ 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
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§ 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) According to the preamble, we will redirect the client’s offer to our authorized retailers network with an inquiry about availability and deliverability. If none of our retailers should have the goods ready for delivery, we will check in-house. The declaration of acceptance can take more time as usual in the online business due to this special procedure  As soon as we have information about availability and deliverability, at the latest 72 hours after placement of order, the client will receive a declaration of acceptance or refusal per email.
 
(3) 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.
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§ 3 Payment and default

 
(1) The delivery will be made against payment of the price.
 
(2) We will issue an invoice, which will be sent to the client be email or together with the goods.
 
(3) In case of default an interest of 5% over the basis interest rate of the Deutsche Bundesbank will accrue. We have the right to prove and demand a higher default loss.
 
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§ 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.
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§ 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.
 
Please be advised that when ordering products through our online configurator at www.peter-kaiser.de you exceptionally do not have the right to withdraw from the contact acc. to § 312g par. 2 no. 1 German Civil Code, as the products are individually manufactured for you.
 
 
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§ 6 Reservation of title

 
The delivered goods remain our property until fully paid by the client.
 
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§ 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.
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§ 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.
 
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§ 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.
(4) The United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly not applicable.
 
 

Cancellation rights for consumers

 
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 remain 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.
 

Cancellation rights

 
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 (06331) 716-0, telefax +49 (06331) 716-196, email info@peter-kaiser.de) 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 the retailer, who sent you the goods in our name. You may find the name and address of such retailer 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.
We will support all return costs for goods returned from within Germany; return costs for goods returned from outside Germany 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.
- concerning sealed audio, video or software, when the seal has been broken after delivery.
 
You may download the cancellation form here.