Terms and Revocation Instructions
Scope of Application
1.1 These General Terms and Conditions (hereinafter referred to as "AGB") of The Korner GmbH (hereinafter referred to as the "Seller") apply to all contracts for the delivery of goods that a consumer or business entity (hereinafter referred to as the "Customer") concludes with the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby rejected, unless agreed otherwise.
1.2 These AGB also apply accordingly to contracts for the delivery of vouchers unless something different is expressly stipulated.
1.3 For the purposes of these AGB, a consumer is any natural person who concludes a legal transaction for purposes that cannot predominantly be attributed to their commercial or self-employed professional activity. A business entity, on the other hand, is a natural or legal person or a partnership with legal capacity that acts in the course of its commercial or self-employed professional activity when concluding a legal transaction.
Conclusion of Contract
2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but rather serve as a means for the Customer to submit a binding offer.
2.2 The Customer can submit the offer via the integrated online order form in the Seller's online shop. To do so, the Customer places the selected goods in the virtual shopping cart and completes the electronic ordering process. By clicking the button that concludes the order process, the Customer submits a legally binding contract offer with regard to the goods contained in the shopping cart.
2.3 The Seller can accept the Customer's offer within five days by:
sending the Customer a written order confirmation or a confirmation in text form (e.g., fax or email), whereby the receipt of the order confirmation by the Customer is decisive in this regard, or
delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive in this regard, or
requesting payment from the Customer after the Customer has placed their order.
If several of the aforementioned alternatives are present, the contract is concluded at the point in time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the Customer sends the offer and ends with the expiration of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this is considered a rejection of the offer, with the result that the Customer is no longer bound by their declaration of intent.
2.4 When selecting the payment method "PayPal Express," payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), under the terms of the PayPal User Agreement, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the Customer does not have a PayPal account – under the terms for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer selects "PayPal Express" as the payment method during the online ordering process, they are also giving PayPal a payment order by clicking the button that concludes the order process. In this case, the Seller already declares its acceptance of the Customer's offer at the time when the Customer initiates the payment process by clicking the button that concludes the order process.
2.5 When an offer is submitted via the Seller's online order form, the contract text is stored by the Seller and sent to the Customer in text form (e.g., email, fax, or letter) after the Customer's order is sent, along with these AGB. Additionally, the contract text is archived on the Seller's website and can be retrieved free of charge by the Customer via their password-protected customer account by providing the relevant login data, provided the Customer has created a customer account in the Seller's online shop before sending their order.
2.6 Prior to the binding submission of the order via the Seller's online order form, the Customer can identify any input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the browser's zoom function, which is used to enlarge the display on the screen. The Customer can correct their entries as part of the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the order process.
2.7 The exclusive language available for the contract conclusion is German.
2.8 Order processing and contact take place primarily via email and automated order processing. The Customer must ensure that the email address provided by them for order processing is accurate so that emails sent by the Seller or third parties commissioned by the Seller can be received at this address. In particular, the Customer must ensure that, when using spam filters, all emails sent by the Seller or third parties commissioned by the Seller can be delivered.
Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the Seller's withdrawal policy.
Prices and Payment Terms
4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices that include statutory value-added tax. Any additional delivery and shipping costs that may arise will be separately indicated in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may be incurred on a case-by-case basis, which are not the responsibility of the Seller and must be borne by the Customer. These may include, for example, costs for money transfer by banks (e.g., transfer fees, exchange rate fees) or customs duties and taxes (e.g., customs duties). Such costs may also be incurred for money transfers if the delivery is not made to a country outside the European Union, but the Customer makes the payment from a country outside the European Union.
4.3 The payment option(s) will be communicated to the Customer in the Seller's online shop.
4.4 If prepayment by bank transfer has been agreed, payment is due immediately after the conclusion of the contract unless the parties have agreed on a later due date.
4.5 When using a payment method offered by PayPal, payment processing is carried out through the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), under the PayPal User Agreement, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the Customer does not have a PayPal account – under the terms for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
4.6 When selecting the SEPA direct debit payment method, the invoice amount becomes due after the Customer has issued a SEPA direct debit mandate, but not before the deadline for pre-notification of payment has expired. The direct debit will be collected when the ordered goods leave the Seller's warehouse, but not before the pre-notification period has expired. Pre-notification ("Pre-Notification") is any communication (e.g., invoice, policy, contract) from the Seller to the Customer announcing a charge via SEPA direct debit. If the direct debit is not honored due to insufficient account funds or incorrect bank details provided by the Customer, or if the Customer objects to the debit, even though they are not entitled to do so, the Customer shall bear the fees incurred by the respective credit institution as a result of the chargeback, if the Customer is responsible for this.
4.7 When choosing the SEPA direct debit payment method, the invoice amount becomes due after the Customer has issued a SEPA direct debit mandate, but not before the deadline for pre-notification of payment has expired. The direct debit will be collected when the ordered goods leave the Seller's warehouse, but not before the pre-notification period has expired. Pre-notification ("Pre-Notification") is any communication (e.g., invoice, policy, contract) from the Seller to the Customer announcing a charge via SEPA direct debit. If the direct debit is not honored due to insufficient account funds or incorrect bank details provided by the Customer, or if the Customer objects to the debit, even though they are not entitled to do so, the Customer shall bear the fees incurred by the respective credit institution as a result of the chargeback, if the Customer is responsible for this. The Seller reserves the right to conduct a credit check and reject this payment method in case of a negative credit check when selecting the SEPA direct debit payment method.
4.8 When choosing the "PayPal Direct Debit" payment method, PayPal will debit the invoice amount from the Customer's bank account after the Customer has issued a SEPA direct debit mandate, but not before the deadline for pre-notification on behalf of the Seller has expired. Pre-notification ("Pre-Notification") is any communication (e.g., invoice, policy, contract) to the Customer announcing a charge via SEPA direct debit. If the direct debit is not honored due to insufficient account funds or incorrect bank details provided by the Customer, or if the Customer objects to the debit, even though they are not entitled to do so, the Customer shall bear the fees incurred by the respective credit institution as a result of the chargeback, if the Customer is responsible for this.
Delivery and Shipping Terms
5.1 The delivery of goods is made by postal delivery to the delivery address provided by the Customer, unless otherwise agreed. The delivery address specified in the Seller's order processing is authoritative for the transaction.
5.2 If the transport company returns the shipped goods to the Seller because delivery to the Customer was not possible, the Customer shall bear the costs for the unsuccessful shipment. This does not apply if the Customer effectively exercises their right of withdrawal, if they are not responsible for the circumstance that led to the impossibility of delivery, or if they were temporarily prevented from accepting the offered service, unless the Seller had announced the service to the Customer in advance.
5.3 Self-collection is not possible for logistical reasons.
5.4 Gift vouchers are provided to the Customer as follows:
by download
by email
by postal mail
Reservation of Title
If the Seller makes an advance payment, they reserve ownership of the delivered goods until the purchase price owed has been paid in full.
Warranty (Guarantee)
7.1 If the purchased item is defective, the statutory warranty provisions shall apply.
7.2 The Customer is requested to report any obvious transport damage to the carrier and inform the Seller accordingly. Failure to do so shall not affect the Customer's statutory or contractual warranty claims.
Redemption of Promotional Vouchers
8.1 Vouchers issued by the Seller as part of promotional campaigns with a specific validity period and which cannot be purchased by the Customer (hereinafter referred to as "Promotional Vouchers") can only be redeemed in the Seller's online shop and only during the specified period.
8.2 Individual products may be excluded from the voucher promotion, as long as such a restriction is evident from the content of the Promotional Voucher.
8.3 Promotional Vouchers can only be redeemed before the order process is completed. Retroactive offsetting is not possible.
8.4 Only one Promotional Voucher can be redeemed per order.
8.5 The value of the goods must at least correspond to the amount of the Promotional Voucher. Any remaining credit will not be refunded by the Seller.
8.6 If the value of the Promotional Voucher is insufficient to cover the order, one of the other payment methods offered by the Seller can be chosen to settle the difference.
8.7 The balance of a Promotional Voucher will not be paid out in cash or accrue interest.
8.8 The Promotional Voucher will not be refunded if the Customer returns the goods, which were paid for in whole or in part using the Promotional Voucher, in accordance with their statutory right of withdrawal.
8.9 The Promotional Voucher is transferable. The Seller can make payments to the respective holder who redeems the Promotional Voucher in the Seller's online shop, with discharging effect. This does not apply if the Seller has knowledge or grossly negligent ignorance of the lack of entitlement, legal incapacity, or lack of authorization of the respective holder.
Redemption of Gift Vouchers
9.1 Vouchers that can be purchased through the Seller's online shop (hereinafter referred to as "Gift Vouchers") can only be redeemed in the Seller's online shop, unless otherwise specified on the voucher.
9.2 Gift Vouchers and any remaining credit on Gift Vouchers are redeemable until the end of the third year after the year of voucher purchase. Any remaining credit will be credited to the Customer until the expiration date.
9.3 Gift Vouchers can only be redeemed before the order process is completed. Retroactive offsetting is not possible.
9.4 Only one Gift Voucher can be redeemed per order.
9.5 Gift Vouchers can only be used for the purchase of goods and not for the purchase of additional Gift Vouchers.
9.6 If the value of the Gift Voucher is insufficient to cover the order, one of the other payment methods offered by the Seller can be chosen to settle the difference.
9.7 The balance of a Gift Voucher will not be paid out in cash or accrue interest.
9.8 The Gift Voucher is transferable. The Seller can make payments to the respective holder who redeems the Gift Voucher in the Seller's online shop, with discharging effect. This does not apply if the Seller has knowledge or grossly negligent ignorance of the lack of entitlement, legal incapacity, or lack of authorization of the respective holder.
Applicable Law
For all legal relationships between the parties, the law of the Federal Republic of Germany shall apply, excluding the laws governing the international sale of movable goods. For consumers, this choice of law shall only apply to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.
Jurisdiction
If the customer is acting as a merchant, legal entity under public law, or a special fund under public law domiciled within the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the Seller. If the customer is domiciled outside the territory of the Federal Republic of Germany, the registered office of the Seller shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. However, in the aforementioned cases, the Seller shall in any event be entitled to call upon the court at the customer's place of business.
Alternative Dispute Resolution
12.1 The European Commission provides an online platform for dispute resolution, which can be found at the following link: http://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court resolution of disputes arising from online sales or service contracts in which a consumer is involved.
12.2 The Seller is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
