Terms and Conditions
General Terms and Conditions with Customer Information
1. Scope of application
2. Offers and service descriptions
3. Order process and conclusion of contract
4. Prices and shipping costs
5. Delivery, availability of goods
6. Payment methods
7. Retention of title
8. Customer account
9. Warranty and guarantee
10. Liability
11. Storage of the contract text
12. Final provisions
1. Scope of application
1.1. The business relationship between Kingtyre Deutschland GmbH, owners: Fabian Fischer and Hubert Folwarczny, Schulstraße 33, 71155 Altdorf (hereinafter referred to as "Seller") and the customer (hereinafter referred to as "Customer") shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order.
1.2. For the purposes of these General Terms and Conditions, a consumer is any natural person who enters into a legal transaction for a purpose that is predominantly neither commercial nor self-employed. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or self-employed professional activity.
1.3. Deviating terms and conditions of the customer shall not be recognized unless the seller expressly agrees to their validity.
2. Offers and service descriptions
2.1 The presentation of products in the online shop does not constitute a legally binding offer, but rather an invitation to place an order. Service descriptions in catalogs and on the seller's websites do not constitute a warranty or guarantee.
2.2 All offers are valid "while stocks last," unless otherwise stated for the products. Errors excepted.
3. Order process and conclusion of contract
3.1. The customer can select products from the seller's range without obligation and collect them in a so-called shopping cart by clicking on the "Add to cart" button. The product selection can be changed within the shopping cart, e.g., deleted. The customer can then proceed to the checkout within the shopping cart by clicking on the "Checkout" button to complete the ordering process.
3.2. By clicking on the "Place order" button, the customer submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time and return to the shopping cart using the browser's "back" function or cancel the order process altogether. Required information is marked with an asterisk (*).
3.3. The seller then sends the customer an automatic confirmation of receipt by email, which lists the customer's order again and which the customer can print out using the "Print" function (order confirmation). The automatic confirmation of receipt merely documents that the customer's order has been received by the seller and does not constitute acceptance of the order. The purchase contract is only concluded when the seller ships the ordered product to the customer within 2 days, hands it over, or confirms the shipment to the customer within 2 days with a second email, express order confirmation, or by sending the invoice. Acceptance may also be effected by a request for payment sent by the seller to the customer and, at the latest, by the completion of the payment process. In the event of multiple acceptance processes, the earliest time of acceptance shall be decisive. If the seller does not accept the customer's offer within the acceptance period, no contract shall be concluded and the customer shall no longer be bound by their offer.
3.4 In the case of customers who are companies, the aforementioned period for dispatch, delivery, or order confirmation shall be seven days instead of two.
3.5. If the seller allows payment in advance, the contract is concluded upon provision of the bank details and payment request. If, despite the due date, payment has not been received by the seller within 10 calendar days of sending the order confirmation, even after a renewed request, the seller shall withdraw from the contract with the result that the order is void and the seller is not obliged to deliver. The order is then completed for the buyer and seller without further consequences. Reservations for items paid for in advance are therefore made for a maximum of 10 calendar days.
4. Prices and shipping costs
4.1. All prices stated on the seller's website include the applicable statutory sales tax.
4.2. In addition to the prices quoted, the seller will charge shipping costs for delivery. The shipping costs will be clearly communicated to the buyer on a separate information page and during the ordering process.
5. Delivery, availability of goods
5.1. If advance payment has been agreed, delivery will be made after receipt of the invoice amount.
5.2. If delivery of the goods fails through the fault of the buyer despite three delivery attempts, the seller may withdraw from the contract. Any payments made will be refunded to the customer immediately.
5.3. If the ordered product is unavailable because the seller is not supplied with this product by its supplier through no fault of its own, the seller may withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, offer to deliver a comparable product. If no comparable product is available or the customer does not wish to receive a comparable product, the seller shall immediately reimburse the customer for any consideration already paid.
5.4. Customers will be informed about delivery times and delivery restrictions (e.g., restrictions on deliveries to certain countries) on a separate information page or within the respective product description.
5.5 In the case of customers who are companies, the risk of accidental loss and accidental deterioration of the goods shall pass to the buyer as soon as the seller has delivered the goods to the forwarding agent, the carrier, or any other person or institution designated to carry out the shipment; The specified delivery dates and deadlines are not fixed dates, unless otherwise agreed.
5.6 The seller shall not be liable to customers who are entrepreneurs for delays in delivery and performance due to force majeure and unforeseeable events that make delivery significantly more difficult or impossible for the seller, even if binding deadlines and dates have been agreed. In this case, the seller is entitled to postpone the delivery or service for the duration of the hindrance plus a reasonable start-up period. The right to postpone the deadline applies to customers who are entrepreneurs even in cases of unforeseeable events that affect the operations of a supplier and for which neither the supplier nor the seller is responsible. During the period of this hindrance, the customer is also released from its contractual obligations, in particular payment. If the delay is unreasonable for the customer, the customer may withdraw from the contract by written declaration after setting a reasonable deadline or consulting with the seller by mutual agreement.
6. Payment methods
6.1. The customer can choose from the available payment methods during and before completing the order process. Customers are informed about the available payment methods on a separate information page.
6.2. If payment by invoice is possible, payment must be made within 30 days of receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deduction.
6.3. If third-party providers are commissioned to process payments, e.g. PayPal, their general terms and conditions shall apply.
6.4. If the due date for payment is determined according to the calendar, the customer shall be in default simply by missing the deadline. In this case, the customer shall pay the statutory default interest.
6.5. The customer's obligation to pay default interest does not exclude the seller from asserting further claims for damages caused by default.
6.6. The customer shall only be entitled to offset claims if their counterclaims have been legally established or recognized by the seller. The customer may only exercise a right of retention if the claims result from the same contractual relationship.
7. Retention of title
The delivered goods remain the property of the seller until full payment has been made.
For customers who are entrepreneurs, the following also applies: The seller retains ownership of the goods until all claims arising from an ongoing business relationship have been settled in full; the buyer is obliged to treat the purchased item with care as long as ownership has not yet been transferred to them. In particular, they are obliged to insure them at their own expense against theft, fire, and water damage at replacement value, if this is reasonable or customary in the industry. If maintenance and inspection work has to be carried out, the buyer must do so in good time at their own expense. The processing or transformation of the goods subject to retention of title by the customer is always carried out on behalf of the seller. If the goods subject to retention of title are processed with other items not belonging to the seller, the seller shall acquire co-ownership of the new item in proportion to the value of the goods subject to retention of title to the other processed items at the time of processing. The same shall apply to the item created by processing as to the goods subject to retention of title. The customer also assigns the claim to secure the claims against him which arise against a third party through the combination of the reserved goods with a piece of real estate. The customer must immediately notify the seller of any access by third parties to the goods owned or co-owned by the seller. The customer shall bear any costs incurred as a result of such interventions for a third-party action or costs for an out-of-court release. The customer is entitled to resell the goods subject to retention of title in the ordinary course of business. The customer hereby assigns to the seller, by way of security, all claims arising from the resale or other legal grounds in relation to the goods subject to retention of title (including all balance claims from current accounts). The seller revocably authorizes the customer to collect the claims assigned to the seller for its account and in its own name. This collection authorization may be revoked if the customer does not properly meet its payment obligations. The seller undertakes to release the securities to which the seller is entitled at the customer's request if their total sales value exceeds the sum of all outstanding claims of the seller arising from the business relationship by more than 10% (in the event of a risk of realization, by more than 50%). The selection of the securities to be released is at the discretion of the seller. Upon repayment of all claims of the seller arising from delivery transactions, ownership of the goods subject to retention of title and the assigned claims shall pass to the buyer. The selection of the securities to be released is at the discretion of the seller.
8. Customer account
8.1 The seller provides the customer with a customer account. Within the customer account, the customer is provided with information about their orders and their customer data stored by the seller. The information stored in the customer account is not public.
8.2. To place an order, customers must create a customer account. Guest orders are not possible.
8.3. Customers are obliged to provide truthful information in their customer account and to update this information in line with any changes in their circumstances, where necessary (e.g., a change of email address in the event of a move, or a change of postal address before placing an order). Customers are responsible for any disadvantages arising from incorrect information.
8.4. The customer account may only be used in accordance with the applicable legal provisions, in particular the regulations for the protection of third-party rights, and in accordance with the seller's terms and conditions, using the access masks and other technical access options provided by the seller. Any other type of use, in particular through external software such as bots or crawlers, is prohibited.
8.5. Insofar as customers store, provide, or otherwise post content or information (hereinafter referred to as "content") within their customer account, they are responsible for this information. The seller does not adopt the content of customers as its own. However, the seller reserves the right to take appropriate measures depending on the degree of risk of legal violations posed by the content, in particular the risk to third parties. Measures that take into account the criteria of necessity, appropriateness, diligence, objectivity, reasonableness, and the interests of all parties involved, in particular the fundamental rights of customers, may include the (partial) deletion of content, requests for action and explanations, warnings and cautions, and bans from the premises.
8.6. Customers may terminate their customer account at any time. The seller may terminate the customer account at any time with reasonable notice, which is usually two weeks. The termination must be reasonable for the customer. The seller reserves the right to terminate the contract for exceptional reasons.
8.7. From the time of termination, the customer account and the information stored in the customer account will no longer be available to the customer. It is the customer's responsibility to back up their data when terminating their customer account.
9. Warranty for material defects and guarantee
9.1. The warranty (liability for defects) is determined in accordance with statutory provisions, subject to the following regulations.
9.2. A warranty exists for goods delivered by the seller only if this has been expressly stated. Customers will be informed of the warranty conditions before initiating the ordering process.
9.3 If the customer is an entrepreneur, they must inspect the goods immediately, notwithstanding any statutory obligations to give notice of defects, and notify the supplier of any visible defects in writing immediately, at the latest within two weeks of delivery, and of any non-visible defects immediately, at the latest within two weeks of discovery. Customary deviations in quality, weight, size, thickness, width, finish, pattern, and color that are permissible according to quality standards or are minor are not considered defects.
9.4 If the customer is an entrepreneur, the choice between repair or replacement of defective goods shall be made by the seller.
9.5 Notwithstanding the liability provisions of these General Terms and Conditions, material defects shall become time-barred for customers who are entrepreneurs one year after the transfer of risk, unless longer periods are prescribed by law, in particular in the case of special provisions for recourse by the entrepreneur. For used goods, the warranty for customers who are entrepreneurs is excluded.
9.6 If the customer, who is an entrepreneur, has incorporated the defective item within the meaning of Section 439 (3) of the German Civil Code (BGB) into another item or attached it to another item in accordance with its nature and intended use, the seller shall not be obliged, subject to an express agreement and without prejudice to the other warranty obligations, to reimburse the customer for the necessary expenses for removing the defective item and installing or attaching the repaired or delivered defect-free item within the scope of subsequent performance. Accordingly, the seller is also not obliged to reimburse expenses for the removal of the defective item and the installation or attachment of the repaired or delivered defect-free item within the scope of recourse by the customer within the supply chain (i.e., between the customer and its customers).
10. Liability
10.1. Notwithstanding other statutory requirements for claims, the following exclusions and limitations of liability apply to the seller's liability for damages.
10.2. The seller shall be liable without limitation if the cause of the damage is based on intent or gross negligence.
10.3. Furthermore, the Seller shall be liable for the slightly negligent breach of essential obligations, the breach of which jeopardizes the achievement of the purpose of the contract, or for the breach of obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the Customer regularly relies. In this case, however, the Seller shall only be liable for foreseeable damage typical for this type of contract. The Seller shall not be liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
10.4. The above limitations of liability shall not apply in the event of injury to life, limb, or health, for a defect after assumption of a guarantee for the quality of the product, and in the event of fraudulently concealed defects. Liability under the Product Liability Act shall remain unaffected.
10.5. Insofar as the Seller's liability is excluded or limited, this also applies to the personal liability of employees, representatives, and vicarious agents.
11. Storage of the contract text
11.1. The customer can print out the contract text before submitting the order to the seller by using the print function of their browser in the last step of the order process.
11.2. The seller will also send the customer an order confirmation with all order details to the email address provided by the customer. With the order confirmation, but no later than upon delivery of the goods, the customer will also receive a copy of the General Terms and Conditions, along with cancellation policy and information on shipping costs and delivery and payment terms. If you have registered in our shop, you can view your orders in your profile area. In addition, we store the contract text, but do not make it accessible on the Internet.
11.3 Customers who are entrepreneurs may receive the contract documents by email, in writing, or by reference to an online source.
12. Final provisions
12.1. If the buyer is an entrepreneur, subject to other agreements or mandatory legal provisions, the place of performance shall be the registered office of the seller, while the place of jurisdiction shall be the registered office of the seller if the customer is a merchant, a legal entity under public law or a special fund under public law, or if the buyer does not have a general place of jurisdiction in the country where the seller is based. The seller reserves the right to choose another permissible place of jurisdiction.
12.2 In the case of entrepreneurs, the law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods, provided that this does not conflict with any mandatory statutory provisions.
12.3. The contract language is German.
12.4. We are not willing and not obliged to participate in dispute resolution proceedings before a consumer arbitration board.
As of: November 29, 2023
