Terms of service

General Terms and Conditions
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Table of Contents
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  1. Scope of Application

  2. Conclusion of the Contract

  3. Right to Cancel

  4. Prices and Payment Conditions

  5. Shipment and Delivery Conditions

  6. Contract Duration and Contract Termination Regarding Subscription Contracts

  7. Reservation of Proprietary Rights

  8. Warranty

  9. Liability

  10. Applicable Law

  11. Alternative dispute resolution

  1. Scope of Application
    1.1 These General Terms and Conditions (GTC) apply to all contracts between Kölbel E-Commerce as the seller and any consumer or trader as the client for goods and services offered in the online shop. Any deviating terms of the client do not become part of the contract unless expressly agreed in writing.
    1.2 A consumer is any natural person who enters into a legal transaction for purposes predominantly outside their trade, business, craft or profession.
    1.3 A trader is any natural or legal person or partnership with legal capacity who acts in a commercial or self-employed professional capacity when entering into a legal transaction.
    1.4 As described on the product pages, contracts may provide for a one-time delivery of goods or for recurring deliveries under a subscription. In a subscription, the seller supplies the agreed goods at the agreed intervals for the agreed term.

  2. Conclusion of the Contract
    2.1 Product pages are invitations to order and do not constitute binding offers by the seller.
    2.2 The client submits a binding offer by completing checkout and clicking the purchase button for the items in the cart.
    2.3 The seller may accept the offer within five days by sending an order confirmation by email, by dispatching the goods or by requesting payment after the order. The contract is formed when the first of these events occurs. If no acceptance occurs within five days, the offer lapses.
    2.4 When a third-party payment service is selected, its terms apply in addition. Such services may perform identity, risk or credit checks and may involve an assignment of payment claims so that payment to the service provider has debt-discharging effect.
    2.5 The seller stores order data as required by law and sends a confirmation by email. If the client created a customer account before ordering, recent orders can be viewed there.
    2.6 Before submitting the order, the client can identify and correct input errors using the on-screen review steps and browser functions. Changes are possible until the purchase button is clicked.
    2.7 Contract languages available at checkout are German and English.
    2.8 Order processing and further communication usually take place by email. The client must ensure that the specified email address is correct and that messages from the seller and commissioned service providers can be delivered.

  3. Right to Cancel
    3.1 Consumers have a statutory right to cancel.
    3.2 Details, deadlines and consequences are set out in the separate Instructions for cancellation.

  4. Prices and Payment Conditions
    4.1 Unless otherwise stated on the product page, all prices are total prices. Value Added Tax is not charged because the seller is exempt as a small business under German law. Any shipping costs are shown separately during checkout.
    4.2 The available payment methods are displayed in the shop. If invoice or instalment options are offered via a payment service provider, that provider may become the payee while the seller remains the contact for product, delivery and cancellation issues.
    4.3 For deliveries to countries outside the European Union, additional costs such as bank fees, duties or taxes may arise and are borne by the client. Such costs can also occur if the client pays from a non-EU country although delivery is within the EU.
    4.4 If advance payment by bank transfer is agreed, the amount is due immediately after contract conclusion unless a later due date is agreed.
    4.5 Notes on specific providers. Depending on availability in the shop, payments may be processed by PayPal, Amazon Pay, Klarna, Stripe, Shopify Payments, SOFORT, Secupay or PAYONE and by card schemes via acquiring partners. These providers may carry out credit checks and may receive assigned claims. Payment deadlines follow the terms communicated by the respective provider. In the event of assignment, payment to the provider discharges the client’s obligation.

  5. Shipment and Delivery Conditions
    5.1 The seller ships within the delivery area stated in the shop to the address provided during checkout. If a wallet service supplies a stored address, that address may be decisive for delivery.
    5.2 If a shipment is returned because delivery was not possible, the client bears the costs of the unsuccessful dispatch. This does not apply if the client effectively exercises the right to cancel, if delivery failure is beyond the client’s control or if the seller failed to announce delivery within a reasonable time.
    5.3 Personal collection is not available for logistical reasons.
    5.4 If the seller is not supplied correctly or on time despite a proper covering transaction and is not responsible for the non-supply, the seller may withdraw from the contract. The seller will inform the client without delay and refund any payments already made.
    5.5 Delivery times shown on product pages or during checkout refer to working days and are estimates. Statutory rights remain unaffected.

  6. Contract Duration and Contract Termination Regarding Subscription Contracts
    6.1 Statutory rights to immediate termination for cause remain unaffected. Good cause exists if continuation until the end of the term or notice period is unreasonable considering all circumstances and the interests of both parties.
    6.2 Notices of termination can be submitted in writing, in text form by email or electronically via a cancellation feature provided on the website if available.

  7. Reservation of Proprietary Rights
    If the seller delivers in advance, title to the goods remains with the seller until the purchase price has been paid in full. For traders, title to all items of the same order is retained until all claims from that order are settled.

  8. Warranty
    8.1 Unless stated otherwise, statutory defect rights apply to consumers.
    8.2 For traders the following applies. The seller may choose the form of subsequent performance. For new goods, the limitation period for defect claims is one year from delivery. Rights for used goods are excluded. The limitation period does not restart after replacement within defect liability.
    8.3 The limitations above do not apply to claims for damages or reimbursement of expenses, to cases of fraudulent concealment, to goods that have become part of a building and caused its defectiveness or to any statutory obligation to provide updates for goods with digital elements.
    8.4 Statutory rights of recourse for traders remain unaffected.
    8.5 Traders must inspect and notify defects without undue delay in accordance with section 377 of the German Commercial Code. If this duty is breached, the goods are deemed approved.
    8.6 Consumers are asked to notify the carrier of obvious transport damage and inform the seller. Failure to do so does not affect statutory rights.

  9. Liability
    The seller is liable to the client for contractual, quasi-contractual and statutory claims for damages and reimbursement of expenses as follows.
    9.1 The seller is liable without limitation for intent and gross negligence, for injury to life, body or health, for guarantees if agreed and under mandatory statutes such as the German Product Liability Act.
    9.2 In cases of simple negligence, the seller is liable only for breaches of essential contractual duties and then limited to foreseeable and typical damage. Essential duties are those that are necessary to achieve the purpose of the contract and on which the client may regularly rely.
    9.3 Otherwise liability is excluded.
    9.4 These rules also apply to the liability of the seller’s legal representatives and vicarious agents.

  10. Applicable Law
    The law of the Federal Republic of Germany applies while excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, mandatory protections of the law of the country of habitual residence remain unaffected.

  11. Alternative dispute resolution
    The seller is neither obliged nor willing to participate in dispute resolution before a consumer arbitration body. The European Commission provides an online dispute resolution platform for consumer disputes arising from online purchases.