Terms of service
§1 Scope, Definitions
(1) For the business relationship between the provider of katalinkiss.store (hereinafter referred to as "provider") and the customer (hereinafter referred to as "customer") the following general terms and conditions apply exclusively in the version valid at the time of the order. Deviating general terms and conditions of the customer are not recognized, unless the provider expressly agrees to their validity in writing.
(2) The Customer is a consumer if the purpose of the ordered deliveries and services cannot be predominantly attributed to his commercial or independent professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of his commercial or self-employed professional activity.
§ 2 Conclusion of contract
(1) The customer can select products from the assortment of the offerer, in particular mouth nose masks, protection visors among other things and these either over the Button "into the Warenkorb put" in a so-called Warenkorb collect or over the Button "order liable to pay" gives it for products in the Warenkorb the order procedure over the Button "to the cash" to be begun can.
Before sending the order, the customer can change and view his data at any time in the ordering process. At the end of the ordering process, the customer clicks on the "buy" button and submits a binding request to purchase the goods in the shopping cart.
However, the application can only be submitted and transmitted if the customer agrees to the General Terms and Conditions by placing a check mark next to "I agree to the General Terms and Conditions. I have taken note of the cancellation policy", the customer has accepted these contractual terms and conditions and thereby included them in his application.
(2) The Provider shall then send the Customer an automatic confirmation of receipt by e-mail, in which the Customer's order is listed again and which the Customer can print out using the "Print" function. The automatic confirmation of receipt merely documents that the customer's order has been received by the provider and does not constitute acceptance of the application. The contract is not concluded until the provider issues a declaration of acceptance, which is sent in a separate e-mail (order confirmation). In this e-mail or in a separate e-mail, but no later than upon delivery of the goods, the contract text (consisting of the order, GTC and order confirmation) will be sent to the customer by us on a durable medium (e-mail or paper printout) (contract confirmation). The text of the contract will be stored in compliance with data protection laws.
(3) The contract shall be concluded in German.
§ 3 Delivery, availability of goods
(1) Delivery times stated by us shall be calculated from the time of our order confirmation, subject to prior payment of the purchase price (except in the case of purchase on account). If no or no deviating delivery time is indicated for the respective goods in our online store, it shall be 2-3 working days.
(2) If no copies of the product selected by the Customer are available at the time of the Customer's order, the Provider shall inform the Customer of this immediately in the order confirmation. If the product is permanently not available, the provider refrains from a declaration of acceptance. In this case, a contract is not concluded.
(3) The Provider delivers only to customers who have their habitual residence (billing address) in Germany , the EU or Switzerland and can provide a delivery address in the same country.
(4) The provider delivers only to customers who have their usual residence (billing address) in Germany, Switzerland and EU foreign countries and can specify a delivery address in the same country.
§ 4 Retention of title
Until full payment, the delivered goods remain the property of the provider.
§ 5 Prices and shipping costs
(1) All prices stated on the website of the provider are inclusive of the applicable statutory sales tax.
(2) The corresponding shipping costs are indicated to the customer in the order form and are to be borne by the customer, unless the customer makes use of his right of withdrawal.
(3) The goods are shipped by DHL, GLS, Hermes, SkyLog. The shipping risk is borne by the provider if the customer is a consumer.
(4) The customer has to bear the direct costs of the return in case of a revocation
§ 6 Payment modalities
(1) The Customer may make payment by direct bank transfer, VISA, Mastercard, AMEX, Maestro, Klarna, eps, Ideal, Bancontact, Shop Pay, Apple Pay, Google Pay, Pay Pal, amazon pay.
(2) The customer can change the payment method stored in his user account at any time.
(3) Payment of the purchase price is due immediately upon conclusion of the contract.
(4) The Customer's obligation to pay interest on arrears does not preclude the Provider from asserting further damages for default.
§ 7 Warranty for material defects, guarantee
(1) The provider is liable for material defects in accordance with the applicable statutory provisions, in particular § § 434 et seq. BGB. Towards entrepreneurs the warranty period for goods delivered by the supplier is 12 months.
(2) An additional guarantee exists for the goods delivered by the supplier only if this was expressly given in the order confirmation for the respective article.
§ 8 Liability
(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, health or from the breach of essential contractual obligations (cardinal obligations), as well as liability for other damages based on intentional or grossly negligent breach of duty by the provider, his legal representatives or agents. Material contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
(2) In the event of a breach of material contractual obligations, the Provider shall only be liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence, unless the Customer's claims for damages are based on injury to life, body or health.
(3) The restrictions of paragraphs 1 and 2 shall also apply in favor of the legal representatives and vicarious agents of the Provider if claims are asserted directly against them.
(4) The limitations of liability resulting from paragraphs 1 and 2 do not apply if the provider has fraudulently concealed the defect or has given a guarantee for the quality of the item. The same applies if the provider and the customer have reached an agreement on the quality of the item. The regulations of the product liability law remain untouched
§ 9 Final provisions
(1) Contracts between the provider and the customer are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the restriction of the choice of law and the applicability of mandatory provisions, in particular of the state in which the customer as a consumer has his habitual residence, remain unaffected.
(2) If the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and the Provider shall be the Provider's registered office.
(3) The contract remains binding in its remaining parts even if individual points are legally invalid. Instead of the ineffective points, the statutory provisions, if any, shall apply. Insofar as this would represent an unreasonable hardship for one of the contracting parties, however, the contract shall become ineffective as a whole.