Terms and Conditions
General Terms and Conditions of Trade
1. Area of application
The business relationship between you (hereinafter: 'the customer') and Commerce21 GmbH (hereinafter: 'Commerce21') is governed solely by the following General Terms and Conditions of Trade (GTC), unless this is amended in agreements between you and Commerce21.
Commerce21's products and services are aimed exclusively at consumers, not at entrepreneurs. Customers are deemed to be consumers if the purposes of the merchandise, deliveries and services ordered cannot be ascribed to their commercial business or freelance work. Conversely, entrepreneurs are natural persons or legal entities or partnerships with legal capacity who, when concluding this contract, are acting in execution of their commercial business or freelance work.
Commerce21 does not sell its products or services to minors.
3. Address, Customer Services
The contracting party is
Tel.: +49 (0)7121 6289 309
Fax: +49 (0)7121 6289 60
Commercial Register Court: AG Stuttgart, HRB 733447
Sales tax identification number: DE271250232
Managing director: Jürgen Schwitzer
Commerce21's customer services department is open from Monday to Friday, between 9.30am and 4pm:
Tel.: +49 (0)7121 6289 309
Fax: +49 (0)7121 6289 60
4. Formation of the contract
The presentation of merchandise in the KSF online store is merely an invitation to submit an offer to Commerce21. To this end, products are selected from the range of merchandise and are collected in a so-called 'shopping cart' via the "Add to shopping cart" button. Clicking on the "Place order" button has the effect of submitting a binding application to buy the merchandise currently held in the shopping cart. The data in the shopping cart can be viewed and amended at any time before the order is submitted. The application can, however, only be submitted and transferred if these Terms and Conditions of Trade have been included in the application by clicking on "I have read the GTCs and agree to them; I have read about my cancellation right" and have thereby been accepted.
Commerce21 will then email the customer an automatic confirmation of the order's receipt, in which the order is quoted again and printable via the "Print" function. This confirmation-of-receipt email does not yet constitute an acceptance of the offer, but merely documents the fact that the offer has been received by Commerce21 together with the order.
The contract is only brought into being through Commerce21's confirmation of the order, which is dispatched in a separate email. Should Commerce21 not accept an offer and not execute the order, it will give prompt notification of this. Delivering the merchandise also constitutes an acceptance of the offer. The decision as to whether to accept the offer is at the complete discretion of Commerce21.
5. Formation of the contract – auctions
If Commerce21 is offering the merchandise in an auction, placing the merchandise in the auction constitutes an invitation to submit a bid. The customer's bid constitutes an offer to conclude a purchase agreement at the price bid. The contract only comes into being, however, if the offer is also the highest bid at the end of the auction. No further declaration of acceptance is required from Commerce21.
If the customer uses a "Buy now" function, the offer is submitted and the contract comes into being through the auction platform's "Buy now" process being fully completed. No further declaration of acceptance is required from Commerce21 in this event either.
6. Rescission if merchandise is unavailable
If the merchandise ordered is not available, Commerce21 will give prompt notification of this instead of issuing an order confirmation. If the merchandise is permanently unavailable, Commerce21 will refrain from accepting the offer. In this event, no contract will come into being.
If the merchandise is only temporarily unavailable, Commerce21 will give equally prompt notification of this, together with the likely delivery date, in the order confirmation.
If delivery is delayed by more than two (2) weeks, the customer has the right to withdraw from the contract. In this event Commerce21 is also entitled to rescind the contract. Any payment(s) already made by the customer will be promptly reimbursed.
7. Delivery address
Only addresses within the Federal Republic of Germany, Switzerland and Austria will be accepted as delivery addresses. Other delivery addresses must be agreed individually.
8. Delivery times
All the merchandise on offer is ready for immediate dispatch, unless expressly stated otherwise in the product description. The delivery time for deliveries within Germany is three to five working days from the order date.
9. Shipping costs
All prices quoted in the KSF online store include the applicable statutory sales tax. The shipping costs must be additionally borne by the customer. These are indicated to the customer in the order form. If the merchandise is collected, there are no shipping and packaging charges.
Deliveries to Switzerland are exempt from sales tax. Any customs duties, import sales tax or other charges for importing the merchandise must be borne by the purchaser.
In the event of a return, the costs must be borne by the customer if the merchandise delivered corresponds with the merchandise ordered and if the price of the merchandise to be returned does not exceed 40 euros, or – where the price of the merchandise is higher – if the customer has not yet submitted the consideration or a contractually agreed part-payment as at the date of cancellation. The customer will not otherwise incur any costs for returning the merchandise.
10. Rescission in the event of non-collection
Where the merchandise is dispatched in accordance with the contract, the customer is obliged either to take immediate delivery of the merchandise or to collect it within 7 days of receiving notification from the shipping company. If this does not happen, Commerce21 is entitled to withdraw from the purchase contract without setting any further time limit.
11. Reservation of ownership; set-off; right of retention
In the case of consumers, we shall retain ownership of the item being sold until the invoiced amount has been paid in full. If you are an entrepreneur acting in execution of your commercial business or freelance work, a legal entity under public law or a special fund under public law and place orders through the KSF online store despite the sales exclusion for entrepreneurs (see Item 2: Customers) and without the knowledge of Commerce21 GmbH, we shall retain ownership of the item being sold until the settlement of all outstanding receivables arising out of the business relationship with the purchaser. The corresponding security interests may not be transferred to third parties.
You will only be entitled to a right of set-off if your counterclaims have become res judicata or are uncontested by us. In addition, you only have a right of retention if and to the extent that your counterclaim relates to the same contractual relationship.
If the customer is in arrears with us with regard to any payment obligations, all existing amounts receivable will immediately fall due.12. Instructions on withdrawal
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.
To exercise the right of withdrawal, you must inform us (Commerce21 GmbH, Bayernstr. 8, 72768 Reutlingen, Germany Tel. +497121 6289 309, Fax +497121 6289 60, E-Mail: email@example.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
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. 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, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. We will bear the 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.
Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
To Commerce21 GmbH, Bayernstr. 8, 72768 Reutlingen, Germany Tel. +497121 6289 309, Fax +497121 6289 60, E-Mail: kontakt@bosch- ksf.de:
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
- Ordered on (*)/received on (*),
- Name of consumer(s),
- Address of consumer(s),
- Signature of consumer(s) (only if this form is notified on paper),
(*) Delete as appropriate.
13. Agreement on the allocation of costs
If you exercise your right of cancellation, you must bear the standard costs of the return shipment if the merchandise delivered corresponds with the merchandise ordered and if the price of the item to be returned does not exceed 40 euros, or – where the price of the item is higher – if you have not yet submitted the consideration or a contractually agreed part-payment as at the date of cancellation. You will not otherwise incur any costs for returning the merchandise.
14. Notice on data processing
Commerce21 collects data on its customers in the course of processing contracts. In so doing, Commerce21 complies with the provisions of the German Federal Data Protection Act (Bundesdatenschutzgesetz) and the German Telemedia Act (TMG). Commerce21 will collect, process and use data concerning customers' basic information and telemedia usage without first obtaining consent only insofar as this is necessary for processing the contractual relationship and for the utilization and invoicing of teleservices. In this connection, the data might be forwarded to third parties acting on our behalf as contract data processors within the meaning of the German Federal Data Protection Act (BDSG).
Commerce21 will not use customer data for advertising, market/opinion research purposes without their consent.
Customers are able to call up, amend and/or delete the information stored on them at any time by clicking on "My account" in their customer profile. Additional information on customer consent and data collection, processing and use can be found in printable form on the data privacy statement on Commerce21's website by clicking on "Data Protection".
As well as for the purposes specified above, Commerce21 uses the data given to it solely for its own promotional purposes, if the customers have given Commerce21 their consent – e.g. by subscribing to the free-of-charge newsletter. Customers can unsubscribe from the newsletter at any time, either by clicking on "Unsubscribe" at the bottom of the newsletter, by changing the preferences in their accounts, or simply by informing Commerce21's service team (see Item 3).
The following consent has been expressly given by the customer. We should like to point out that this consent can be revoked at any time with prospective effect: Yes, I would like to receive the newsletter. (You can unsubscribe at any time).
Cookies and web reports
Liability for links
Our website contains links to external websites operated by third parties over whose content we have no control. We can therefore assume no liability for such third-party content. The respective provider or operator of the website is always responsible for the content of such linked sites. Linked websites are checked for possible legal infringements at the time that the link is created. No illegal content was identifiable at the time that the link was created. Permanent checking of the contents of linked websites is however unreasonable without firm suspicion of any legal infringement. On becoming aware of any such legal infringement, we will remove such links immediately.
Unless otherwise expressly agreed, the statutory warranty provisions shall apply. Defects subject to the statutory warranty shall be remedied free of charge. The cancellation right under Item 12 of these GTCs shall remain unaffected in the event of a defect.
Customers can notify Commerce21's service team (see Item 3) of any defects. Commerce21 will then make this good. Customers may demand, at their option, either the removal of the defect or the delivery of a defect-free item as supplementary performance. Commerce21 can refuse to accept the selected form of subsequent performance if it is only possible at a disproportionately high cost.
Should the subsequent performance not be provided within a reasonable time period, as stipulated by the customer, should it be unsuccessful after two attempts or should Commerce21 refuse to provide it, then customers may, at their discretion, rescind the contract, or reduce the purchase price and claim damages and reimbursement of expenses where appropriate.
This warranty shall not apply in respect of damages due to natural wear and tear, inappropriate use or inadequate or incorrect maintenance.
Merchandise supplied by Commerce21 shall only be covered by a warranty if this is expressly indicated in the order confirmation for the article in question.
16. Color variations
We reserve the right for there to be minor variations in terms of structure and color between the merchandise and the illustration, providing that these are due to the nature of the materials used and are customary in the trade, or are caused technically by the presentation of the merchandise on the internet. In particular, illustrations might differ slightly from the original coloring depending on customers' computer screen settings.
Unfortunately, Commerce21 cannot accept variations of this sort as grounds for complaint. Returns of the merchandise or complaints on these grounds will be rejected. The cancellation right under Item 12 of these GTCs remains unaffected.
For orders placed via the KSF online store, the prices indicated at the time of the order will apply. Prices are always stated in euros. For auctions, the highest bid or the "Buy now" price applies. All prices include the statutory sales tax applicable.
18. Payment methods
Customers can choose to pay in advance, via PayPal, by credit card or – only in Germany – on account or cash on delivery. A cash-on- delivery charge of €7.20 is payable in addition to the shipping costs if payment is made in cash on delivery. An invoicing charge of €2.00 is payable in addition to the shipping costs if payment is made on account. Payments on collection can only be made in cash.
Where merchandise is paid for by cash on delivery and is subsequently returned, Commerce21 will reimburse the purchase price but not the cash-on-delivery charge.
Where payment is made by credit card, the amount is reserved against the credit card when the order is placed ('authorization'). The credit card is only actually charged when the merchandise is dispatched. Where merchandise is returned, the purchase price will be promptly credited against the credit card once the return has been processed by our logistics center.
19. Payment terms
The merchandise must be paid for without deductions before it is delivered.
Customers are not entitled to withhold payments due to counterclaims or to offset payments against counterclaims unless these counterclaims are uncontested by Commerce21 and have become res judicata.
The customer shall bear any costs charged in connection with the payment of the purchase price (e.g. bank costs) or the costs of a failed direct debit, for which the customer is responsible.
Commerce21 does not accept liability for breaches of obligations due to slight negligence, provided that these do not concern substantial contractual obligations, damages due to loss of life, bodily injury or damage to health or the infringement of guarantees, and do not affect claims under the German Product Liability Act (Produkthaftungsgesetz). Substantial contractual obligations are obligations, whose fulfillment is necessary for the achievement of the contract's objective.
These restrictions also apply in favor of the legal representatives and agents of Commerce21, if claims are made directly against them.
Die EU-Kommission stellt eine Plattform für außergerichtliche Streitschlichtung bereit. Verbrauchern gibt dies die Möglichkeit, Streitigkeiten im Zusammenhang mit Ihrer Online-Bestellung zunächst ohne die Einschaltung eines Gerichts zu klären. Die Streitbeilegungs-Plattform ist unter dem externen Link http://ec.europa.eu/consumers/odr/ erreichbar.
22. Final provisions
The laws of the Federal Republic of Germany are applicable. The provisions of the UN Convention on Contracts for the International Sale of Goods are excluded.
The place of jurisdiction is Reutlingen, provided that the customer is a merchant within the meaning of the German Commercial code, a legal entity under public law or a special fund under public law. The same applies if the customer has no domicile or usual residence in the Federal Republic of Germany at the time of initiating legal proceedings.
These General Terms and Conditions of Trade will be sent to the customer again when the merchandise is delivered, and are stored by Commerce21.
Even if individual items within the contract are not legally valid, the remaining parts of the contract shall remain binding.