Terms of service

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General Terms and Conditions for the Internet Shop of Kennel & Schmenger Handelsgesellschaft mbH

 

Preamble

 

Kennel & Schmenger Handelsgesellschaft GmbH operates a homepage for commercial purposes under the domain http://www.kennel-schmenger.com and offers customers products, mainly shoes, for purchase via the Internet on these websites.

 

§ 1 Scope of application and contractual partners

 

1. these General Terms and Conditions ("GTC") apply to all contracts concluded between you as a customer and us as the operator of the Kennel & Schmenger Internet shop www.kennel-schmenger.com. As part of the ordering process, you recognise the GTC in the version valid at the time the order is placed.

 

2. deviating general terms and conditions of the customer shall not become part of the contract unless we have expressly agreed to them in writing.

 

3. the operator of the Kennel & Schmenger Internet shop and your contractual partner is

Kennel & Schmenger Handelsgesellschaft mbH, Im Erlenteich 1-5, 66955 Pirmasens, registered in the commercial register of the Zweibrücken Local Court under HRB 31311, represented by the managing directors Andreas Klautzsch and Matthias Eder.

VAT identification no.: DE299032961, e-mail: [email protected]

 

4. our presentation of goods in the Kennel & Schmenger Internet shop is aimed exclusively at consumers who have their habitual residence in Germany. According to the legal definition (§ 13 BGB), a "consumer" is any natural person who concludes a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity. Entrepreneurs within the meaning of § 14 BGB are not authorised to place orders.

 

§ 2 Conclusion of contract

 

1. our presentation of goods in the Kennel & Schmenger Internet shop does not constitute a binding offer to sell. The offer to conclude a purchase contract is made by you as the customer by clicking on the button "Order subject to payment" on the order page of the Kennel & Schmenger Internet shop after you have completed the personal data. You remain bound to this order for 5 working days, i.e. the contract is bindingly concluded if we accept your order within this period.

 

2. after sending the order, you will immediately receive an e-mail confirmation that we have received the order ("order confirmation"), but this does not yet constitute acceptance of the contract. We will declare acceptance of the contract by separate e-mail ("order confirmation") or, at the latest, by delivering the ordered goods. As soon as the goods leave our warehouse, you will receive a further e-mail ("dispatch confirmation").

 

3. if you are entitled to a statutory right of cancellation (see §6), this remains unaffected by the above provisions in any case.

 

4. the contract is concluded in German. The text of the contract is not stored on our internal systems. However, you can view and print out these GTC under the heading "GTC" on the website of our Internet shop. We will also send you these GTC with the order confirmation by e-mail.

 

§ 3 Prices and additional costs

 

1. the final prices quoted in our Internet shop include the statutory value added tax and all other price components. They are quoted in euros and do not include the additional costs listed below.

 

2. we deliver exclusively to delivery addresses within Germany, Austria, Switzerland, Luxembourg, the Netherlands, Belgium, Poland, Spain and France. Within Germany, the buyer will incur shipping costs of 4.95 euros. In Austria, Luxembourg, Belgium, Netherlands, Spain and France we charge Euro 12.95 shipping costs. For Switzerland CHF 12.95 shipping costs. For Poland PLN 57,- shipping costs.

Please note that the shipping costs are also payable in the event of a return.

 

 

§ 4 Payment and retention of title

 

1. payment of the purchase price can be made using the following payment methods, as specified on the order page in our online shop:

- Invoice: Payment on invoice requires a positive credit check. We reserve the right to refuse payment on account in the event of a negative credit check and to refer you to one of the other possible payment methods. The invoice amount is due no later than 14 days after the invoice date (only possible in Germany).

- Paypal: Your account will be debited when the order confirmation is sent.

- Sofortüberweisung: Your account will be debited when the order confirmation is sent.

- Credit card: When paying by credit card (Visa/MasterCard), Kennel & Schmenger reserves the right to check the validity of the card, the credit limit for debit and the address details. Kennel & Schmenger reserves the right to refuse the credit card purchase.

- Debit card: Your account will be debited when the order confirmation is sent. (only possible in France and Spain)

 

2. you are only entitled to set-off or retention rights insofar as your claim has been legally established or is undisputed; in the event of defects in the delivery, your counter-rights remain fully unaffected.

 

3. we reserve title to the delivered goods in any case until full payment of the respective invoice amount of a delivery (final and unconditional crediting of the total purchase price including any ancillary costs).

 

§ 5 Delivery and transfer of risk

 

1. delivery area and shipping costs are regulated in § 3 para. 2.

 

2. the risk of accidental deterioration and accidental loss of the goods shall pass to you in accordance with the statutory provisions. We assume the risk of loss or damage to the goods in transit to you.

 

3. delivery times stated by us are 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 specified for the respective goods in our Internet shop, the delivery time is 5 working days.

 

4. if not all goods in an order can be delivered at the same time, we are entitled to make partial deliveries at our own expense in accordance with the agreed delivery times - within the scope of what is reasonable for you.

 

5. if we are unable to meet a binding delivery deadline for reasons for which we are not responsible (non-availability of the goods, e.g. due to lack of self-supply by upstream suppliers or force majeure), we shall inform you of this immediately, stating the new expected delivery deadline if applicable. If the new delivery period is not acceptable to you or if the goods are also not available within the new delivery period or not available at all, both contracting parties shall be entitled to withdraw from the contract with regard to the goods in question. In this case, we shall immediately refund any consideration already paid. The statutory rights of the contracting parties shall remain unaffected by this.

 

6. should the delivery of the goods fail for reasons for which we are not responsible, we may withdraw from the contract. Any payments made will be refunded immediately. Our statutory rights, in particular to compensation for additional expenses, remain unaffected.

 

§ 6. returns / returns

 

We grant the statutory right of cancellation at all times (see § 7). However, you also have the option of using our free returns service. To do so, please use the enclosed returns label from your parcel or contact our Customer Service.

Please note that the shipping costs must also be paid in the event of a return.

 

§ 7 Right of cancellation

 

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.

 

To exercise the right to cancel, you must inform us (Kennel & Schmenger Handelsgesellschaft mbH, Im Erlenteich 1-5, 66955 Pirmasens, [email protected], Phone: 06331 5086555, Fax: 06331 5081706) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample cancellation form, but this is not mandatory.

 

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.

 

Consequences of cancellation

 

If you withdraw from 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 14 days from the day on which we are informed about your decision to withdraw from this contract.

 

Please note that in the event of cancellation, you must organise the return shipment yourself and bear the full costs for this. Cancellations are not included in our free return shipping.

 

Should you nevertheless use our enclosed returns label for your cancellation, we will have to charge you the costs incurred for the return shipment.

 

For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this refund. We may withhold reimbursement until we have received the goods back or until you have supplied evidence of having sent back the goods, whichever is the earliest.

 

You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you dispatch the goods before the period of fourteen days has expired. We shall bear the costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.

Sample cancellation form

 

(If you wish to cancel the contract, please complete this form and return it to us).

 

- To Kennel & Schmenger Handelsgesellschaft mbH, Im Erlenteich 1-5, 66955 Pirmasens, [email protected], Fax: 06331 5081706

 

- I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

 

- Ordered on (*)/received on (*)

 

- Name of the consumer(s)

 

- Address of the consumer(s)

 

- Signature of the consumer(s) (only for notification on paper)

 

- Date

 

(*) Delete as appropriate.

 

The cancellation is to be sent to:

Kennel & Schmenger Handelsgesellschaft mbH, Im Erlenteich 1-5, 66955 Pirmasens, e-mail: [email protected]

 

 

Sample cancellation form - Cancellation form as PDF download

(If you wish to cancel the contract, please complete and return this form)

END OF THE CANCELLATION POLICY

 

§ 8 Rights of the customer in the event of defects

 

1. your rights in the event of material defects and defects of title shall be determined in accordance with the statutory provisions, unless otherwise stipulated in these GTC.

 

2. the product descriptions in our Internet shop and, if applicable, more detailed manufacturer's specifications and instructions that are delivered together with the goods shall be deemed to be agreements on the quality. Please take note of such information before you decide to keep the goods. Your statutory right of cancellation remains unaffected.

 

§ 9 Choice of law and place of jurisdiction

 

The contractual relationship shall be governed by the law of the Federal Republic of Germany to the exclusion of substantive uniform law, in particular the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the validity of mandatory consumer protection law remain unaffected.

 

§ 10 Data protection

 

Information on the type, scope, location and purpose of the collection, processing and use of personal data can be found in the privacy policy.

Cookies must be permitted for the use of the online shop in order to optimise the shopping experience. By using our website, you agree to our privacy policy. If you do not agree, please click here.

Personal data is transmitted to collection service providers, payment processing service providers and partners and processed further.

Payment service providers or debt collection companies assess the customer's creditworthiness on the basis of mathematical-statistical procedures using credit agency data.

In detail, this may involve the following - exemplary, but not exhaustive - service providers: Schufa Holding AG, Wirtschaftsinformationen GmbH & Co. KG, Arvato Infoscore GmbH, Deltavista GmbH, Universum Business GmbH, Bisnode International Group, Regis24 GmbH, Creditreform AG.

 

 

§ 11 Information in accordance with the Consumer Dispute Resolution Act

 

Kennel & Schmenger Handelsgesellschaft mbH is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

 

Status: March 2024