Terms of service
§ 1 General
(1) These terms and conditions shall apply to all contracts, deliveries and other services of Kalb Consulting - Arnold, Benecke, Bonev, Bönig und Lubich GbR, Oppaustr. 16, 06258 Schkopau, ebay-Accout: "calisso.knives" (hereinafter: "seller"), regarding the online store calisso.de, all sub-domains belonging to the domain as well as the seller's advertisements on ebay.de. Deviating provisions of the customers shall not apply if they are entrepreneurs, unless the seller has confirmed this in writing. Individual agreements between the seller and the customers always have priority.
(2) The business relations between the Seller and the Customers shall be governed by the laws of the Federal Republic of Germany. In the case of consumers, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence. The validity of UN sales law is excluded.
(3) The contract language is German.
(4) The place of jurisdiction is Schkopau, insofar as the customer is a merchant or a legal entity under public law or a special fund under public law. The same shall apply if a customer does not have a general place of jurisdiction in Germany or if the customer's place of residence or habitual abode are not known at the time the action is brought.
(5) We deliver to the following countries: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland.
(6) Customers have the option to use an alternative dispute resolution. The following link of the EU Commission (also called OS platform) contains information about online dispute resolution and serves as a central contact point for the out-of-court settlement of disputes arising from online sales contracts: ec.europa.eu/consumers/odr.
§ 2 Contents of the contract and conclusion of the contract
(1) The seller offers new goods, mainly kitchen knives and accessories, for sale to customers in the online store calisso.de and via the auction platform ebay.
(2) The following applies to the conclusion of a contract on eBay:
- If the seller places an item in the auction or so-called fixed price format using the eBay.de platform, he makes a binding offer to conclude a contract for this item. In doing so, the seller determines a starting or fixed price and a period within which the offer can be accepted (offer period). If the seller sets a minimum price in the auction format, the offer is subject to the condition precedent that the minimum price is reached.
- If the seller has additionally provided his offers in the auction format with a fixed price, i.e. the so-called "buy-it-now" function, this function can be exercised by a customer as long as no bid has been placed on the item concerned or a minimum price has not yet been reached.
- For fixed-price items, the customer accepts the offer by clicking the "Buy it now" button and then confirming. For fixed-price items where the seller has selected the option "immediate payment", the customer accepts the offer by clicking the button "Buy it now" and completing the immediately following payment process. A customer may also accept offers for multiple items by placing the items in the shopping cart and completing the immediately following payment process.
- In an eBay auction, a purchase contract is concluded between the seller and the customer who has placed the highest bid at the end of the auction's term. Acceptance is therefore subject to the condition precedent that the customer is the highest bidder at the end of the bidding period. A customer's bid expires as soon as another customer places a higher bid.
- In case of early termination of the offer by the seller, a contract is concluded between the seller and the highest bidder, unless the seller was entitled to withdraw the offer and cancel the existing bids. Reasons for early termination are deposited here (http://pages.ebay.de/help/sell/end_early.html).
- A customer can only withdraw his bid if there is a justified reason for doing so. (Reasons for the possibility of withdrawing a bid can be found here -pages.ebay.de/help/policies/invalid-bid-retraction.html). After a justified bid withdrawal, no contract is concluded between the customer, who is again the highest bidder after the auction expires due to the bid withdrawal, and the seller.
- In certain eBay categories, the seller can add a price suggestion function to his offer. With this price suggestion feature, it is possible for the customers and the seller to negotiate the price for an item.
- If eBay deletes an item before the expiration of the offer period, no effective contract between the customer and the seller is concluded.
- The customer can correct his entries before submitting his order with the technical means provided by eBay. The corrections can be made using the usual keyboard and mouse functions directly on the offer page in the appropriate input fields. After clicking the "Buy it now" or "Bid" button, the customer can check his entries again on the following confirmation page. The customer will be informed about the conclusion of the contract by e-mail.
(3) When purchasing from the online store, the following paragraphs of this clause apply.
(4) The product descriptions contained in the Seller's online store do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.
(4) The customer can submit the offer via the online order form integrated into the seller's online store. In doing so, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process.
(5) The seller may accept the customer's offer within seven days,
- by sending the customer an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer is decisive, or
- by requesting payment from the customer after the customer's order has been placed.
If several of the aforementioned alternatives exist, the contract shall be concluded at the time when one of the aforementioned alternatives occurs first. The period for the acceptance of the offer begins on the day after the sending of the offer by the customer and ends with the expiry of the seventh day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the Customer shall no longer be bound by its declaration of intent.
(6) The contract text can no longer be viewed after the order. We therefore ask you to save the contract text.
§ 3 Prices, shipping costs, sales tax and payment
(1) For orders via the online store, the prices stated there apply. All prices include the statutory sales tax.
(2) The prices include shipping costs for deliveries within Germany. The shipping costs for deliveries within the EU can be found in the delivery conditions. For orders outside the online store (see § 2 para. 4), the prices stated in the offer of the seller apply, also including shipping costs.
(3) The delivery of the customer by the seller takes place at the request of the customer against the following payment methods: Credit card (Visa, Mastercard, Maestro, American Express); Shop Pay, Apple Pay, Google Pay, Klarna Sofort, Klarna invoice, Klarna installment purchase, Paypal, prepayment (bank transfer).
(4) If the customer chooses prepayment by bank transfer, the payment is due no later than 7 calendar days after the conclusion of the contract. When handling auctions, the customer should always specify his ebay member name and the auction number.
(5) If a customer defaults on its payment obligations, the seller may claim damages in accordance with the statutory provisions and / or withdraw from the contract.
(6) The Seller shall always issue an invoice to the Customer, which shall be handed over to the Customer upon delivery of the goods or otherwise received in text form.
§ 4 Delivery and transfer of risk
(1) The ordered goods are delivered to the address specified by the customer, unless otherwise agreed by contract. The delivery is made from the warehouse of the seller.
(2) The availability of individual goods is indicated in the item descriptions. Goods available in stock, the seller, unless expressly agreed otherwise, within delivery time 3-5 working days after instruction of payment (in case of advance payment by bank transfer: within delivery time 3-5 working days after receipt of payment). If, in the case of a sale via the online store, the goods are marked as not in stock, the seller shall endeavor to deliver as quickly as possible. Information provided by the seller on the delivery period is not binding, unless exceptionally the delivery date has been bindingly promised by the seller.
(3) The seller reserves the right to make a partial delivery, provided that this appears advantageous for a speedy processing and the partial delivery is not exceptionally unreasonable for the customer. Additional costs arising from partial deliveries will not be charged to the customer.
(4) The seller reserves the right to release himself from the obligation to fulfill the contract if the goods are to be delivered by a supplier on the day of delivery and the delivery fails to occur in whole or in part. This reservation of self-delivery shall only apply if the Seller is not responsible for the failure to deliver. The Seller shall not be responsible for the non-delivery if a so-called congruent hedging transaction has been concluded with the supplier in due time to fulfill the contractual obligations. If the goods are not delivered, the seller will immediately inform the customer of this circumstance and refund any purchase price already paid as well as shipping costs. The risk of accidental loss and accidental deterioration of the goods shall pass to the customer upon handover. If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay shall pass to the customer upon delivery of the goods to the forwarding agent, the carrier or any other person designated to carry out the shipment.
§ 5 Reservation of ownership
The delivered goods shall remain the property of the Seller until all claims arising from the contract have been fulfilled; in the event that the Customer is a legal entity under public law, a special fund under public law or an entrepreneur in the exercise of his commercial or independent professional activity, also beyond this from the current business relationship until all claims to which the Seller is entitled in connection with the contract have been settled.
§ 6 Right of retention
The customer shall only be entitled to exercise a right of retention insofar as its counterclaim is based on the same contractual relationship.
§ 7 Liability for defects (warranty)
(1) If the purchased item is defective, the provisions of the statutory liability for defects shall apply. Deviating from this, the following shall apply: If the customer acts as an entrepreneur,
- the seller has the choice of the type of subsequent performance;
- the limitation period for defects in new goods is one year from delivery of the goods;
- the rights and claims due to defects are generally excluded for used goods;
- the limitation period shall not begin again if a replacement delivery is made within the scope of liability for defects.
(2) Damage caused by improper actions of the customer during installation, connection, operation or storage of the goods does not justify a warranty claim against the seller. The customer can find instructions for proper handling in the manufacturer's descriptions.
(3) Defects shall be notified by the customer to the seller within a warranty period of two years for new items or one year for used items. If the customer is an entrepreneur, the aforementioned periods shall apply. If defects are present and if these were asserted in due time, the Seller shall be entitled to subsequent performance. If the subsequent performance fails, the customer is entitled to reduce the purchase price or to withdraw from the contract. In all other respects, the statutory provisions shall apply.
(4) The limitations of liability and shortening of time limits set forth in the preceding paragraphs shall not apply to
- for items that have been used for a building in accordance with their customary use and have caused its defectiveness,
- for claims for damages and reimbursement of expenses of the customer, as well as
- in the event that the seller has fraudulently concealed the defect.
(5) Furthermore, for entrepreneurs, the statutory limitation periods for the right of recourse pursuant to § 445b BGB shall remain unaffected.
(6) If the customer acts as a merchant within the meaning of § 1 of the German Commercial Code (HGB), he shall be subject to the commercial duty of inspection and notification of defects pursuant to § 377 of the German Commercial Code (HGB). If the customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.
(7) If the customer is acting as a consumer, he is requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the seller of this. If the customer does not comply with this, this has no effect on his legal or contractual claims for defects.
§ 8 Duty to provide information in the event of transport damage
If goods are delivered with obvious damage to the packaging or contents, the customer should immediately complain to the carrier/freight service without prejudice to his warranty rights (§ 7) and immediately contact the seller by e-mail or other means (fax/mail) so that the seller can safeguard any rights against the carrier/freight service.
§ 9 Liability
The Seller shall be liable to the Customer for all contractual, quasi-contractual and statutory claims, including claims in tort, for damages and reimbursement of expenses as follows:
(1) The seller is liable for any legal reason without limitation
- in the event of intent or gross negligence,
- in the event of intentional or negligent injury to life, limb or health,
- on the basis of a warranty promise, unless otherwise regulated in this respect,
- on the basis of mandatory liability, such as under the Product Liability Act.
(2) If the Seller negligently breaches an essential contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless liability is unlimited in accordance with the above clause. Material contractual obligations are obligations which the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the customer may regularly rely.
(3) Otherwise, any liability of the seller is excluded.
(4) The above liability provisions shall also apply with regard to the Seller's liability for its vicarious agents and legal representatives.
Right of cancellation
Consumers have the right to cancel this contract within thirty days without giving any reason.
The withdrawal period is thirty days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
Pursuant to Section 312 (2) No. 1 of the German Civil Code (BGB), the right of revocation does not apply to contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer. In this respect, the revocation for personalized products is excluded.
To exercise your right of withdrawal, you must inform us (Kalb Consulting - Arnold, Benecke, Bonev, Bönig und Lubich GbR, Oppaustr. 16, 06258 Schkopau, +49 (0)176 87820214, firstname.lastname@example.org) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached sample withdrawal form, which is not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, 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 because of this repayment. We can refuse the repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return the goods immediately and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract to us or preferably to [Bauchemie24 GmbH, Julius-Ebeling-Str. 3, 06112 Halle (Saale)].The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods.
You only have to pay for any loss of value of the goods if this loss of value is due to the handling of the goods which is not necessary for the inspection of the condition, properties and functioning of the goods.
(If you want to cancel the contract, please fill out this form and send it back to us).
To [Kalb Consulting - Arnold, Bahlert, Benecke, Bonev, Bönig and Lubich GbR, Oppaustr. 16, 06258 Schkopau, email@example.com]:
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