Das Kaugummi General Terms and Conditions

Das Kaugummi GmbH

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General Terms and Conditions

Section 1 General Provisions, Scope of these Ts&Cs

1.1 DasKaugummi GmbH, Schöne Aussicht 18, 35396 Gießen, Germany, phone: +49 (0) 641 – 58098300, Fax: +49 (0) 641 – 58098300, E-Mail-address: info@daskaugummi.de, represented by its managing director Ingo Hofmann, Registration Court: Local Court of Gießen, Registration Number: HRB 8249, VAT-ID Number according to Section 27a German Turnover Tax Law [Umsatzsteuergesetz]: DE294945508 (hereinafter referred to as „DasKaugummi“) performs all deliveries and services based on orders placed via phone, fax or the Internet (Onlineshop, Email) exclusively on the basis of the following General Terms and Conditions (hereinafter referred to as „Ts&Cs“) as amended and applicable on the order date. These Ts&Cs apply to all future transactions between the parties to this agreement. This provision also applies, if DasKaugummi delivers ordered goods being aware of the customer’twere varying business terms. Varying business terms of the customer do not apply, unless expressly agreed in writing between the parties.

1.2 Within the meaning of these Ts&Cs, the term customer comprises consumers and businesspersons (hereinafter referred to as „Customer“). Within the meaning of these Ts&Cs, consumers are defined as individuals that enter into agreements for purposes that are not attributable to their commercial or professional activities. Within the meaning of these Ts&Cs, businesspersons are defined as individuals or legal persons or partnerships with legal personality who act in the exercise of their commercial or independent professional activities at the conclusion of the agreement.

Section 2 Conclusion of the Agreement, Coming into Existence of the Agreement

2.1 You may place orders using the Internet directly at DasKaugummi Shop under www.daskaugummi.de.

2.2 Your order represents a binding offer vis-à-vis DasKaugummi to enter into an agreement for the order you placed. DasKaugummi confirms receipt of your Onlineshop order via E-Mail. DasKaugummi accepts your offer by sending you an order confirmation via E-Mail within 48 hours after the receipt of your order. The agreement comes first into existence through the transmission of the order confirmation.

2.3 The following provisions apply to orders placed with the Onlineshop: Once you find the product you are looking for, you may take a closer look at the selected product by clicking the product name or the product image. You can place the item in the shopping cart by clicking the Button [Add to Shopping Cart]. You can take a look at your shopping cart’twere content at any time by clicking the Button [Show Shopping Cart]. You can remove items from your displayed shopping cart by clicking the Recycle Bin icon next to the respective product image or by entering the number [0] in the field [Quantity] and then clicking the update icon. You can enter the product quantity in the field [Quantity]. The new product quantity is displayed after clicking the update icon. If you wish to purchase the items in your shopping cart, please enter your invoice address, delivery address on the „Shopping Cart“ page, enter specific notes in the provided notes boxes, if necessary, and select your payment method and delivery option. If you have a customer account with DasKaugummi, you can simply login with your Email address and password on the „Shopping Cart“ page. The most recent invoice address, delivery address, as well as payment method and delivery option are automatically inserted into the „Shopping Cart“ page. You can modify the inserted information, if necessary. If your invoice address, delivery address, as well as payment method and delivery option are entered correctly, please click „Proceed to Checkout“ to order the selected goods. After clicking „Proceed to Checkout“, the overview page opens automatically. The overview page contains all of your order data. You may check the displayed order data for correctness. Clicking the link [return to Shopping Cart] opens the Shopping Cart page again. Here you can delete items or change the items quantity or your invoice or delivery information. Click the button [Purchase] on the overview page to complete your purchase. Your order is now sent to DasKaugummi. You will receive a separate order confirmation from DasKaugummi after you placed your order. The agreement between you and DasKaugummi first comes into existence through receipt of the order confirmation from DasKaugummi.

2.4 If orders are placed with the Onlineshop DasKaugummi, the agreement is entered into with:

DasKaugummi GmbH, Schöne Aussicht 18, 35396 Gießen, Germany, represented by its managing director Ingo Hofmann, Registration Court: Local Court in Gießen, Registration Number: HRB 8249, VAT-ID number according to Section 27a German Turnover Tax Law [Umsatzsteuergesetz]: DE294945508.

2.5 Agreements entered into outside of the Onlineshop come into existence through the binding order confirmation by DasKaugummi or through the customer’twere acceptance of a binding DasKaugummi offer.

2.6 The subject matter of DasKaugummi delivery or service is the goods and/or services ordered by the customer, which DasKaugummi offers. Unless expressly provided otherwise in the respective offer, design, configuration and prices relate to the offered item and not, however, to other depicted accessories or decorations.

2.7 In the case of businesspersons, DasKaugummi reserves the right to partial deliveries, provided such partial delivery is not unreasonable to the customer considering the customer’twere interests. DasKaugummi bears any additional expenses arising from such partial deliveries.

2.8 In the case of businesspersons, DasKaugummi may cancel an agreement, if DasKaugummi cannot perform delivery without any fault on the part of DasKaugummi, because a DasKaugummi supplier does not meet its contractual obligations to DasKaugummi. This right to cancel an agreement applies only, if DasKaugummi entered into a supply contract covering the respective delivery (binding, timely and sufficient order for the goods) and DasKaugummi is not responsible for the failure to deliver otherwise. In this case, DasKaugummi will inform the customer without undue delay that the ordered goods are not available. DasKaugummi will reimburse the customer any paid consideration without undue delay.

Section 3 Storage of the Agreement Text

DasKaugummi stores your order and the entered order data. Please note DasKaugummi Privacy Statement regarding the use of your data. You can access the Privacy Statement under: www.daskaugummi.local/en/data-protection-regulations. DasKaugummi will send you an order confirmation, including all order information and the Ts & Cs, per Email. You also have the option to print your order, the General Terms and Conditions, the Privacy Statement, as well as the withdrawal instructions, including the associated model withdrawal form, prior to sending your order to DasKaugummi. In addition, you can access your order history at any time using your customer account.

Section 4 Withdrawal Instructions

If you are a consumer, the statutory right of withdrawal applies. You can access the withdrawal instructions and the associated model withdrawal form under: www.daskaugummi.en/images/documents/withdrawalform_en.pdf.

Section 5 Pricing and Shipping Costs

In the case of consumers, the indicated prices apply including applicable statutory VAT and shipping costs. The prices provided in the wholesale shop for businesspersons are net prices including shipping plus VAT. Shipping costs arise only in the case the customer wishes delivery outside of the Federal Republic of Germany. In this case, the chargeable shipping costs are displayed on your „Order Overview Page“.

Section 6 Delivery and Shipment Terms

6.1 Goods are delivered by mail order to the delivery address provided in the customer order. Delivery is performed by a service provider at the option of DasKaugummi.

6.2 Goods are shipped within two working days after receipt of payment, unless indicated otherwise in the offer.

Section 7 Payment Terms

7.1 Payment is effected optionally per instant money transfer, PayPal, credit card via Paypal, invoice or advance payment. DasKaugummi reserves the right to exclude individual payment methods. In the case of new customers, DasKaugummi reserves the right to review or change a selected payment method. In the case DasKaugummi changes the payment method, DasKaugummi will promptly notify you and suggest alternate payment methods. In this case, DasKaugummi will fulfill the requested delivery only, if the customer accepts the suggested payment method. The aforementioned restrictions do not apply to vouchers.

7.2 The customer may select the „instant money transfer“ service of SOFORT GmbH, Fußbergstr. 1, 82131 Gauting, Germany, provided the customer has an active Online-Banking-Account with PIN/TAN-Procedure at his/her disposal. Please note that some banks do not offer the payment method „instant money transfer“. If a customer uses the „instant money transfer“ service, the cash amount is credited to DasKaugummi immediately. This accelerates order processing (shipment after receipt of payment). The customer’twere bank account number, Bank Code Number, PIN and TAN are required to use this payment method. www.sofortueberweisung.de automatically transacts a real time money transfer from the customer’twere online bank account using SOFORT GmbH’s secured payment form. The purchase amount is immediately and directly transferred to DasKaugummi’s bank account. This service is free of charge for the customer. The customer’twere bank may, however, charge fees.

7.3 If the payment method PayPal is used, the invoice amount is paid via the online payment service provider PayPal. For this purpose, the customer is connected to the Paypal website www.paypal.de. The customer must be a registered PayPal customer or register as a new customer with PayPal, provide its access data to PayPal for authorization and confirm the money transfer to DasKaugummi. The „PayPal terms of use“ as amended by PayPal (Europe) S.à r.l. & Cie, S.C.A, Boulevard Royal 22-24, 2449 Luxembourg, Luxembourg apply. They can be accessed under: www.paypal.com. Shipment after receipt of the PayPal payment confirmation by DasKaugummi.

7.4 If the customer pays with its credit card via Paypal, the invoice amount is debited to the customer’twere credit card upon sending the order. Goods are delivered after proper receipt of payment in the DasKaugummi accounting system for electronic payment methods is confirmed and reviewed. The customer is responsible for ensuring that sufficient funds are available in the provided bank account. The customer bears any costs arising from reverse posting of a payment transaction due to lack of funds or if the customer provides incorrect bank account information.

7.5 Purchase on Account and Financing

In cooperation with Klarna DasKaugummi offers its customers the option to pay invoices using „Purchase on Account“. Please note that Klarna Invoice [Klarna Rechnung] and Klarna Payment in Installments [Klarna Ratenkauf] are only available to consumers. Payment is to be made to Klarna.

Klarna Invoice [Klarna Rechnung]

Payment term is 14 days from receipt of invoice. Invoice is issued upon goods shipment and sent per Email or jointly with the goods. You may access the complete Ts&Cs by clicking here. In the case of Purchase on Account using Klarna services, DasKaugummi charges a fee of Euro 2.95 for each order.

Privacy Information Notice

Klarna examines and assesses the information provided by the customer. In the case of justified interest and cause, Klarna will exchange information with other enterprises and credit inquiry agencies. Personal information provided by you is treated in compliance with the applicable data protection provisions and according to the relevant specifications in the Klarnas data protection provisions.

7.6 If the customer selects the payment method „Advance Payment“, the customer is obligated to first transfer the invoice amount stated in the order confirmation. DasKaugummi ships the goods within 1 – 2 working days from receipt of payment.

7.7 The purchase price is due within 14 days from receipt of invoice, unless agreed otherwise i.e. a longer payment term is agreed between the parties. If you are a consumer, DasKaugummi will charge default interest at a rate of 5 percentage points above the applicable base interest rate from the due date. If you are not a consumer, the applicable default interest rate is 9 percentage points above the applicable base interest rate. DasKaugummi reserves the right to furnish proof of any greater damage caused by default and to enforce such greater damage.

7.8 You are obligated to ensure that sufficient funds are available in your bank account. In the case of returned debit memos due to insufficient funds, you are obligated to reimburse DasKaugummi any arising damage.

Section 8 Warranty

8.1 If you are a consumer and your order placed with DasKaugummi is for purposes that are not attributable to your commercial or professional activities, the statutory warranty rights apply to such goods ordered from DasKaugummi.

8.2 If you place your order with DasKaugummi as a businessperson, the following Sections 8.2.1 – 8.2.4 apply:

8.2.1 The customer is obligated to inspect delivered goods upon receipt without undue delay, provided such inspection is reasonable within the proper course of business. The customer is obligated to promptly notify DasKaugummi, if the customer identifies any defects. If the customer fails to give proper notice to DasKaugummi, the goods are deemed accepted, unless the defect could not be identified within the course of the inspection (hidden defect). If such hidden defect is identified at a later date, the customer is obligated to promptly notify DasKaugummi upon discovery of the defect. Should the customer fail to give proper notice to DasKaugummi, the goods are deemed accepted in-spite of such hidden defect. Section 377 HGB [German Commercial Code] remains unaffected. The customer is not released from its obligation to inspect, even if recourse is available to the customer according to Section 478 German Civil Code [BGB]. Regarding the aforementioned cases, the goods are deemed accepted in-spite of such defect, if the customer fails to promptly notify DasKaugummi of a defect claimed by one of its customers.

8.2.2 In the case of a defect, DasKaugummi is entitled to determine the kind of subsequent performance under consideration of the defect nature and the justified interests of the customer. In the case of these agreements, subsequent performance is deemed failed after the third unsuccessful attempt. This Section does not apply in the case of recourse according to Section 478 German Civil Code [BGB].

8.2.3 In the case of subsequent performance for the remedy of defects, DasKaugummi is only obligated to assume required expenses, in particular expenses for transportation, travel, labor and materials, if such expenses are not increased through the relocation of the goods from the delivery site other than the seat or the commercial establishment of the customer. This Section does not apply in the case of recourse according to Section 478 German Civil Code [BGB].

8.2.4 The customer’twere claims for defects, including damage claims, become time-barred after one year. This above provision does not apply in the case of recourse according to Section 478 German Civil Code [BGB]. The above provision does also not apply in the case of damage claims arising from injuries to life, body or health or based on a gross negligent or intentional violation of duties by DasKaugummi or its vicarious agents.

Section 9 Liability for Damages and Reimbursement of Expenses

9.1 If you are a consumer and your order placed with DasKaugummi is for purposes that are not attributable to your commercial or professional activities, DasKaugummi is liable according to the law.

9.2 If you place your order with DasKaugummi as a businessperson, the following Sections 9.2 – 9.8 apply to DasKaugummi contractual liability for damages:

9.2.1 DasKaugummi is liable according to the law for claims arising from an intentional violation of duties by DasKaugummi, its representatives or its vicarious agents. DasKaugummi liability for claims arising from a violation of contractual obligations that is not intentional is limited to the foreseeable and typical damage for such agreements.

9.2.2 In the event DasKaugummi, its representatives or its vicarious agents are at fault for violating a duty, whose performance is a prerequisite for the proper execution of the agreement, whose violation puts the attainment of the agreement’twere purpose at risk and upon whose compliance the customer routinely relies – and liability according to the law in terms of Section 9.1 does not apply – DasKaugummi’twere liability is limited to the foreseeable and typical damage for such agreements.

9.2.3 DasKaugummi’twere liability for damages is excluded, unless provided otherwise in Sections 9.2.1 and 9.2.2. The same applies, if claims to recourse are asserted by customers in the role of a supplier against DasKaugummi according to Section 478 German Civil Code [BGB].

9.3 Exclusions and limitations of liability in Section 9.2 also apply to any other claims, in particular to claims in tort or to claims for reimbursement of expenses in lieu of performance.

9.4 The exclusions and limitations of liability in Section 9.2 do not apply to any claims according to Sections 1, 4 German Product Liability Act [Produkthaftungsgesetz] or to claims arising from intentional or negligent injuries to life, body or health. These exclusions and limitations of liability also do not apply, if DasKaugummi assumed a guarantee for the quality of the goods provided by DasKaugummi or DasKaugummi assumed contractual performance or the risk to procure suitable goods and the guarantee event occurred or the risk to procure suitable goods materialized.

9.5 DasKaugummi is only liable for the assumption of the risk to procure suitable goods, if DasKaugummi expressly assumed the risk to procure suitable goods in writing

9.6 If the limitation of liability according to Section 9.2 is not applicable to any claims arising from the manufacturer’s liability according to Section 823 German Civil Code [BGB], DasKaugummi’twere liability is limited to the compensation provided by the insurer. If the insurer does not provide full compensation or no compensation, DasKaugummi is liable up to the coverage amount. This Section does not apply to claims arising from intentional or negligent injuries to life, body or health.

9.7 To the extent DasKaugummi’twere liability is excluded or limited, such exclusion or limitation also applies to the individual liability of DasKaugummi employees, workers, representatives and vicarious agents.

9.8 The above provisions do not constitute a reversal of the burden of proof.

Section 10 Reservation of Title, Offsetting, Right of Retention

10.1 In the case of consumers, DasKaugummi retains title to the purchased goods until the invoiced amount is paid in full.

10.2 If you are a businessperson acting in the exercise of your commercial or independent professional activities, a legal person under public law or a special fund under public law, DasKaugummi retains title to the purchased goods until all open claims of DasKaugummi from the business relationship with you are paid in full. The respective security interests may be transferred to third parties. If the purchase price is not paid in full, you are obligated to notify DasKaugummi in writing without undue delay, if the goods are being encumbered with third party rights or the goods are subject to other encroachments of third parties. You are entitled to resell goods, which are subject to reservation of title, within the scope of ordinary business. In this case, the customer hereby assigns to DasKaugummi all claims arising from such resale irrespective of if the resale takes place prior to or after any processing of the goods, which are subject to reservation of title. Regardless of DasKaugummi’twere right to collect such claims, you remain authorized to collect such claims also after the above assignment. In this connection, DasKaugummi undertakes to refrain from collecting such claims as long as and to the extent you meet your payment obligations to DasKaugummi, an application for the opening of insolvency proceedings or similar proceedings is not filed and you have not declared cessation of payments. Should the aforementioned collaterals exceed DasKaugummi’twere respective claims by more than 10%, DasKaugummi is obligated, at its option, to release collaterals at your request.

10.3 In Relation to Businesspersons the following applies: You are only entitled to offset against counter-claims, if your counter-claims are uncontested or recognized by declaratory judgment. In addition, you are only entitled to a right of retention, if and to the extent your counter-claim is based on the same contractual relationship.

10.4 In the event the customer defaults with its payments to DasKaugummi, all existing claims of DasKaugummi against the customer become due immediately.

Section 11 Customer Service

Should you have any questions, issues or complaints, you can contact DasKaugummi customer service from Monday through Friday between 10 am and 4 pm under the phone number: +49 (0) 641-58098300 as well as per E-Mail under: info@daskaugummi.de.

Section 12 Data Protection

You can access the DasKaugummi data protection statement here: www.daskaugummi.local/en/data-protection-regulations.

Section 13 Choice of Law, Place of Jurisdiction

13.1 All agreements with DasKaugummi are governed by the law of the Federal Republic of Germany under exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).

13.2 In the case of customers, who enter into the agreement for purposes that are predominately not attributable to their commercial or professional activities (Consumers), this choice of law applies only to the extent that the customer is not deprived of mandatory provisions of the law of the country in which the customer has its customary residence.

13.3 In relation to consumers, the risk of accidental loss or accidental deterioration of the purchase object passes to the customer first upon delivery according to the law. The following provision only applies if the customer acts as a businessperson: Delivery is ex warehouse. The risk of accidental loss or accidental deterioration of the goods passes to the customer upon transfer of the goods to the customer at the latest. In the case of mail order purchases, the risk of accidental loss or accidental deterioration of the goods, as well as the risk of delay passes, however, upon the transfer of the goods to the shipper, carrier or or any other person or entity engaged for the performance of the shipment.

13.4 The place of jurisdiction for all disputes arising from this agreement is Gießen, if the ordering party is a businessman, a legal person under public law or a special fund under public law.

Section 14 Miscellaneous

14.1 The language of this agreement is German. In the case of disputes, the German version of these General Terms and Conditions prevails.

14.2 Should one or several provisions in these Ts&Cs be ineffective, this does not affect the effectiveness of the remaining agreement. The content of this agreement is subject to the statutory rules and regulations, if and to the extent this agreement contains ineffective provisions.

 

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