General Terms and Conditions of Sale
These terms and conditions of sale apply to purchase contracts concluded online via the webshop at the internet address www.klotz-labs.com (hereinafter "Webshop") between KLOTZ LABS® PLEXUM GmbH, Breslauer Straße 350, 90471 Nuremberg (hereinafter "KLOTZ LABS" or "we", "us", "our") and the customers specified in Section 1 of the terms and conditions of sale.
Please read these terms and conditions of sale carefully before placing an order in our Webshop.
1. SCOPE OF APPLICATION
1.1 The business relationship between us and you as a customer (hereinafter "Customer" or "you", "your") is governed exclusively by the following terms and conditions of sale in the version valid at the time of the order. You may download the text of the terms and conditions of sale to your computer or print it out.
1.2 Deviating, additional, or conflicting conditions of the Customer shall not be recognised unless we expressly agree to their validity in writing. This also applies if we carry out the delivery without reservation in the knowledge of the Customer's conditions.
1.3 The Customer is a consumer insofar as the purpose of the deliveries and services cannot be attributed to their commercial or independent professional activity (Section 13 BGB). On the other hand, an entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or independent professional activity (Section 14 BGB).
1.4 We do not offer goods for purchase by minors. Our goods can only be purchased by adults. If you are under 18, you may only use our Webshop with the involvement of a parent or guardian.
2. CONCLUSION OF CONTRACT
2.1 All offers from KLOTZ LABS are subject to change and non-binding unless they are expressly marked as binding or contain a specific acceptance period.
2.2 A contract between you and us is concluded as follows:
2.2.1 You can select products from our range and collect them in a virtual shopping basket via the "add to basket" button.
2.2.2 You can view and change the contents of your shopping basket at any time by clicking on the corresponding symbol.
2.2.3 To continue the ordering process, activate the "Checkout" button and enter your personal details. As part of the ordering process, you also have the option to create a personal customer account. Please follow the further instructions and prompts.
2.2.4 By clicking the "order with obligation to pay" or "buy now" button, you submit a binding offer to conclude a purchase contract for the goods last placed in the shopping basket. Before submitting the order, you have the opportunity to check your order again and, if necessary, change or cancel it. You can also cancel the ordering process at any time by closing your internet browser. However, your order can only be placed and transmitted if you accept these terms and conditions of sale by clicking on the "Accept terms of sale" button and thereby include them in your offer to purchase the goods.
2.3 After completing the ordering process and submitting your order, we will confirm receipt of the order by email. The details of your order will be listed again in this automatically generated confirmation of receipt. It merely documents that your order has been received by us and does not yet constitute an acceptance of your offer.
2.4 A contract is only concluded when we accept your offer either in an order confirmation sent by post, email, or fax, or when we dispatch the ordered goods.
2.5 We are not obliged to accept your purchase offer. If your order is dispatched in more than one package, you may receive a separate dispatch confirmation for each package. In this case, a separate purchase contract is concluded between us for the goods listed in the respective dispatch confirmation.
2.6 We sell all products only in normal household quantities. This applies both to the number of products ordered within a single order and to the placing of several orders for the same product where the individual orders comprise a normal household quantity.
2.7 You must not pass on the password for your customer account to third parties. In the event of disclosure, you are liable for orders placed by a third party and any resulting claims if they order via your customer account.
3. DELIVERY, PRODUCT AVAILABILITY
3.1 We generally deliver worldwide, but reserve the right to reject an order from certain countries outside the European Union at our own discretion. This applies in particular to regions to which successful dispatch by our shipping service provider cannot be guaranteed or where dispatch is only possible for us under unreasonable conditions for other reasons.
3.2 Within Germany, your order will be delivered within 1-2 working days, provided we have the product you ordered in stock. Public holidays affect the delivery time of your order and lead to a postponement of the delivery.
3.3 We naturally always strive to ensure sufficient availability of the goods displayed in our Webshop. However, we ask for your understanding that bottlenecks may occur for individual products, especially in the case of overlapping orders, and we therefore cannot guarantee availability at all times. Should a product be temporarily unavailable, we will inform you of this in the order confirmation – possibly stating the new delivery time. In the event of a delivery delay of more than two weeks, you have the right to withdraw from the contract. Furthermore, in this case, we are also entitled to withdraw from the contract. In doing so, we will immediately refund any payments you may have already made. If the goods are permanently unavailable, we will refrain from issuing a declaration of acceptance. A contract is not concluded in this case.
3.4 We are entitled to make partial deliveries insofar as this is reasonable for you based on a weighing of your and our interests. The dispatch of partial deliveries is at our risk. Upon receipt of each partial delivery, the risk for the delivered items passes to you. If we are in default with outstanding partial services or if outstanding partial services are not possible for us, you are entitled to withdraw from the contract as a whole or to claim damages for non-performance of the entire obligation whenever the partial delivery is of no interest to you.
4. PRICES AND SHIPPING COSTS
4.1 All prices stated in our Webshop are in EURO and include the applicable statutory value-added tax.
4.2 We deliver free of shipping costs for an order value of EUR 30.00 or more. The order value is the subtotal minus any discounts and other benefits.
4.3 If we fulfil your order in accordance with Section 3.4 through partial deliveries, you will only incur shipping costs for the first partial delivery. If the partial deliveries are made at your request, we will charge shipping costs for each partial delivery.
4.4 The goods are dispatched via UPS, and within and outside Germany possibly by another shipping service provider. We bear the shipping risk if you are a consumer.
5. PAYMENT METHODS
5.1 You generally have the option to pay by invoice, Amazon Payments, or PayPal. However, we reserve the right to reject a payment method chosen by you and to make delivery dependent on another payment method. If you reject payment by the payment method chosen by us, we are entitled to withdraw from the contract.
5.2 Payment of the purchase price is due immediately upon conclusion of the contract. Your account will be debited at the next possible date, depending on the payment method chosen.
5.3 When paying with Amazon Payments or PayPal, you will be automatically redirected to the respective provider's site during the ordering process. There you can log in with your login details and then confirm the payment. The debit is made by credit card, direct debit, credit balance, or Giropay - depending on which payment method you have stored there. Payment with PayPal credit is also possible. If you do not yet have a PayPal or Amazon account, you can create a corresponding account on the providers' sites.
5.4 If the invoice amount is rejected by the account-holding institution in the case of payment with Amazon Payments or PayPal, or is not settled within 30 days of the invoice date, you will automatically be in default. Even without a further reminder, you are then obliged, in addition to paying the statutory default interest of five (5) percentage points above the respective base interest rate announced by the European Central Bank, to pay for further damage caused by default, in particular further collection costs. However, you reserve the right to prove that no damage or less damage has occurred.
6. RIGHT OF CANCELLATION AND EXCLUSION/EXPIRY OF THE RIGHT OF CANCELLATION
6.1 If you are a consumer, you have a right of cancellation in accordance with the statutory provisions. The regulations applicable to the right of cancellation are reproduced in detail in the following cancellation policy.
6.2 Cancellation Policy
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period is fourteen 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, or in the event that your order is delivered in separate consignments, from the day on which you or a third party named by you, who is not the carrier, have taken possession of the last goods.
To exercise your right of cancellation, you must inform us (KLOTZ LABS® PLEXUM GmbH, Breslauer Straße 350, 90471 Nuremberg, Phone: +49 911 47715370, Fax: +49 911 47715375, hallo@klotz-labs.com) by means of a clear declaration (e.g. a letter sent by post, fax, or email) of your decision to cancel this contract. You may use the attached model cancellation form, but it is not obligatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.
Effects of Cancellation
If you cancel 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 fourteen days from the day on which we are informed about your decision to cancel this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us or to [insert the name and address of the person authorised by you to receive the goods, if applicable] without undue delay and in any event not later than fourteen days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
6.3 Model Cancellation Form
If you wish to cancel the contract, please complete this form and return it.
To
KLOTZ LABS® PLEXUM GmbH
Breslauer Straße 350
90471 Nuremberg
I/We hereby give notice that I/We cancel my/our contract of sale of the following goods/for the provision of the following service:
.................................................................................................
.................................................................................................
(Name of the goods, order number and price if applicable)
Goods ordered on: ............................. Date
Goods received on: ............................. Date
Name of consumer(s): .............................
Address of consumer(s): .............................
Date: .............................
....................................................
Signature
(only if this form is notified on paper)
6.4 THE RIGHT OF CANCELLATION DOES NOT APPLY OR EXPIRES FOR THE FOLLOWING CONTRACTS:
for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery, or which, after delivery, according to their nature, are inseparably mixed with other items;
for the supply of goods which are liable to deteriorate or expire rapidly.
6.5 If free gifts (e.g. bonus items or free samples) are included with a delivery, these must be returned in full in the event of cancellation.
6.6 The refund will be made to the account you used for payment. In the case of payment on invoice, the return transfer will be instructed to the account from which the transfer was made. In the case of payment with Amazon Payments or PayPal, the payment will be credited to the customer account maintained with the respective provider.
7. OUR SATISFACTION GUARANTEE
7.1 For all purchases of our products, we grant you a voluntary right of return of 7 days from receipt of the goods, regardless of the statutory right of cancellation, even if you have removed the seal of the product and used the product. With this right of return, you can withdraw from the contract by returning the goods to us, specifically to the address mentioned below, within 7 days of receiving them (the period begins on the day after receipt of the goods). Timely dispatch is sufficient to meet the deadline.
In the event of a return, you can use the return label enclosed with the order. Should you have any further questions regarding the right of return, please feel free to contact us.
Please send items to:
KLOTZ LABS® PLEXUM GmbH
Breslauer Straße 350
90471 Nuremberg
7.2 If the voluntary right of return is exercised, the refund will be made to the account you used for payment. In the case of payment on invoice, the return transfer will be instructed to the account from which the transfer was made. In the case of payment with Amazon Payments or PayPal, the payment will be credited to the customer account maintained with the respective provider.
7.3 Your statutory right of cancellation (see Section 6) is not affected by compliance with our rules on the supplementary contractually granted (voluntary) right of return and remains independent thereof. Furthermore, the contractually granted (voluntary) right of return does not limit your statutory warranty rights, which remain fully intact.
8. RETENTION OF TITLE
The delivered goods remain our property until full payment has been made. In the event of a breach of contract on your part, in particular default of payment, we are entitled to take back the delivery item after setting a reasonable deadline; you are obliged to surrender it.
9. WARRANTY FOR MATERIAL DEFECTS, GUARANTEE
9.1 We are liable for material defects in accordance with the applicable statutory provisions, in particular Sections 434 et seq. BGB. For entrepreneurs, the warranty period for items delivered by us is 12 months.
9.2 If the goods are defective, we will provide supplementary performance within a reasonable time, i.e. either provide a replacement delivery or remedy the defects. If the supplementary performance chosen by you is only possible at disproportionate cost, we are entitled to provide supplementary performance in the other form. The expenses necessary for the supplementary performance shall be borne by us. If the supplementary performance fails, you have the right to either cancel the purchase or reduce the purchase price.
9.3 Defective goods must be returned to us unless you have decided to reduce the purchase price.
9.4 The product images do not always have to match the appearance of the delivered goods. In particular, changes in the appearance and packaging of the goods may occur following range renewals. Warranty claims do not exist insofar as the changes are reasonable for you.
9.5 The costs for the return shipment in the event of a defect shall be borne by us.
9.6 An additional guarantee exists for the goods delivered by us only if this was expressly stated in the order confirmation for the respective item.
10. DAMAGES
10.1 Claims of the Customer for damages are excluded. Excluded from this are claims for damages by the Customer arising from injury to life, limb, or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives, or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.
10.2 In the event of a breach of essential contractual obligations, we are only liable for the foreseeable damage typical for the contract if this was caused by simple negligence, unless it concerns claims for damages by the Customer arising from injury to life, limb, or health.
10.3 The restrictions of Sections 10.1 and 10.2 also apply in favour of the legal representatives and vicarious agents of KLOTZ LABS if claims are asserted directly against them.
10.4 The provisions of the Product Liability Act remain unaffected.
10.5 All instructions on the packaging and instructions for use must be observed. No liability is accepted for any deviating application and/or handling.
11. INFORMATION ON DATA PROCESSING
11.1 We collect data from you as part of the processing of contracts. In doing so, we observe in particular the provisions of the Federal Data Protection Act and the Telemedia Act. Without your consent, we will only collect, process, or use inventory and usage data concerning your person insofar as this is necessary for the processing of the contractual relationship and for the use and billing of telemedia. In particular, we will not use your data for advertising, market, or opinion research purposes without your consent.
11.2 Further details regarding the processing and use of your personal data when using our Webshop can be found in our privacy policy.
12. FINAL PROVISIONS
12.1 Contracts between us and the Customer shall be governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.
12.2 If the Customer is not a consumer, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and us is Nuremberg.
12.3 The contract remains binding in its remaining parts even if individual points are legally invalid. The invalid points shall be replaced by the statutory provisions, if any. However, insofar as this would constitute an unreasonable hardship for one contracting party, the contract as a whole shall become invalid.
12.4 We reserve the right to amend the terms and conditions of sale at any time with effect for the future. The current version is available at any time at www.klotz-labs.com.