General Terms and Conditions with Customer Information

Table of Contents

Scope
Conclusion of Contract
Right of Withdrawal
Prices and Payment Conditions
Delivery and Shipping Conditions
Retention of Title
Liability for Defects (Warranty)
Special Conditions for Repair Services
Redemption of Promotional Vouchers
Applicable Law
Place of Jurisdiction
Code of Conduct
Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of Kaufmann Sortimentsgrosshandel GmbH (hereinafter "Seller") apply to all contracts for the supply of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller regarding the goods displayed in the Seller's online shop. The inclusion of the Customer's own conditions is hereby objected to, unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity.

1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller's online shop do not represent binding offers on the part of the Seller, but serve to enable the Customer to submit a binding offer.

2.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. 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 regarding the goods contained in the shopping cart by clicking the button that concludes the ordering process.

2.3 The Seller can accept the Customer's offer within five days,

by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the Customer is decisive, or
by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or
by requesting payment from the Customer after they have placed their order.

If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives first occurs. The period for accepting the offer begins on the day after the Customer sends the offer and ends with the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this is considered a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment processing is handled by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal user agreement, viewable at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full, or – if the Customer does not have a PayPal account – subject to the conditions for payments without a PayPal account, viewable at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays using a PayPal payment method selectable during the online ordering process, the Seller hereby declares acceptance of the Customer's offer at the time the Customer clicks the button that concludes the ordering process.

2.5 If the payment method "Amazon Payments" is selected, payment processing is handled by the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: "Amazon"), subject to the Amazon Payments Europe User Agreement, viewable at https://payments.amazon.de/help/201751590. If the Customer selects "Amazon Payments" as the payment method during the online ordering process, they also issue a payment order to Amazon by clicking the button that concludes the ordering process. In this case, the Seller hereby declares acceptance of the Customer's offer at the time the Customer initiates the payment process by clicking the button that concludes the ordering process.

2.6 When submitting an offer via the Seller's online order form, the contract text is stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g., email, fax or letter) after the order has been sent. The Seller does not make the contract text accessible beyond this. If the Customer has created a user account in the Seller's online shop before sending their order, the order data will be archived on the Seller's website and can be accessed free of charge by the Customer via their password-protected user account by entering the corresponding login data.

2.7 Before submitting a binding order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the browser's magnification function, which magnifies the display on the screen. The Customer can correct their entries within the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.

2.8 The German and English languages are available for the conclusion of the contract.

2.9 Order processing and contact usually take place via email and automated order processing. The Customer must ensure that the email address provided by them for order processing is correct, so that emails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all emails sent by the Seller or third parties commissioned by the Seller with order processing can be delivered.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller's cancellation policy.

4) Prices and Payment Conditions

4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices that include the statutory value-added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.

4.2 The payment option(s) will be communicated to the Customer in the Seller's online shop.

4.3 If payment in advance by bank transfer is agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

4.4 If the payment method "SOFORT" is selected, payment processing is handled by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). To be able to pay the invoice amount via "SOFORT", the Customer must have an online banking account activated for participation in "SOFORT", legitimize themselves accordingly during the payment process and confirm the payment instruction to "SOFORT". The payment transaction is then immediately carried out by "SOFORT" and the Customer's bank account is debited. Further information on the payment method "SOFORT" can be found on the internet at https://www.klarna.com/sofort/.

4.5 If a payment method offered via the payment service "Stripe" is selected, payment processing is handled by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Stripe will be communicated to the Customer in the Seller's online shop. Stripe may use other payment services to process payments, for which special payment conditions may apply, to which the Customer may be separately informed if necessary. Further information on Stripe is available on the internet at https://stripe.com/de.

4.6 If a payment method offered via the payment service "Klarna" is selected, payment processing is handled by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). Further information and Klarna's conditions can be found in the Seller's payment information, which can be viewed at the following internet address:

https://moovi.de/zahlungsweisen/

5) Delivery and Shipping Conditions

5.1 If the Seller offers shipping of the goods, delivery will be made within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. The delivery address specified in the Seller's order processing is decisive for the transaction.

5.2 If the delivery of the goods fails for reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply with regard to the costs for the outward shipment if the Customer effectively exercises their right of withdrawal. For return costs, in the event of an effective exercise of the right of withdrawal by the Customer, the provisions made in the Seller's cancellation policy apply.

5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has delivered the item to the forwarder, carrier or other person or institution designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes when the goods are handed over to the Customer or an authorized recipient. Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer even for consumers as soon as the Seller has delivered the item to the forwarder, carrier or other person or institution designated to carry out the shipment, if the Customer has commissioned the forwarder, carrier or other person or institution designated to carry out the shipment and the Seller has not previously named this person or institution to the Customer.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies if the non-delivery is not attributable to the Seller and the Seller has concluded a concrete covering transaction with the supplier with due care. The Seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the Customer will be informed immediately and the consideration will be refunded immediately.

5.5 If the Seller offers the goods for collection, the Customer can collect the ordered goods within the business hours specified by the Seller at the address specified by the Seller. In this case, no shipping costs will be charged.

6) Retention of Title

If the Seller makes advance payment, it retains title to the delivered goods until the purchase price owed has been paid in full.

7) Liability for Defects (Warranty)

7.1 Unless otherwise provided for in the following provisions, the provisions of statutory liability for defects apply. Deviating from this, the following applies to contracts for the delivery of goods:

7.2 If the Customer acts as an entrepreneur,

the Seller has the choice of the type of supplementary performance;
the limitation period for defects in new goods is one year from the delivery of the goods;
rights and claims for defects in used goods are excluded;
the limitation period does not recommence if a replacement delivery is made within the scope of liability for defects.

7.3 The aforementioned limitations of liability and reductions of deadlines do not apply

to claims for damages and reimbursement of expenses by the Customer,
in the event that the Seller has fraudulently concealed the defect,
for goods that have been used for a building in accordance with their usual use and have caused its defectiveness,
for any existing obligation of the Seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.

7.4 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.

7.5 If the Customer acts as a merchant within the meaning of § 1 HGB, they are subject to the commercial inspection and complaint obligation according to § 377 HGB. If the Customer fails to comply with the notification obligations regulated therein, the goods are deemed to have been approved.

7.6 If the Customer acts as a consumer, they are asked to complain about delivered goods with obvious transport damage to the delivery person and to inform the Seller of this. If the Customer does not comply with this, it has no effect on their statutory or contractual claims for defects.

8) Special Conditions for Repair Services

If, according to the content of the contract, the Seller owes the repair of an item belonging to the Customer, the following applies:

8.1 Repair services are performed at the Seller's premises.

8.2 The Seller performs its services at its discretion personally or through qualified personnel selected by it. The Seller may also use the services of third parties (subcontractors) who act on its behalf. Unless otherwise stated in the Seller's service description, the Customer has no right to select a specific person to perform the desired service.

8.3 The Customer must provide the Seller with all information necessary for the repair of the item, unless the procurement of such information falls within the Seller's duties according to the content of the contract. In particular, the Customer must provide the Seller with a comprehensive fault description and inform it of all circumstances that may have caused the identified fault.

8.4 Unless otherwise agreed, the Customer must send the item to be repaired to the Seller's premises at their own expense and risk. The Seller recommends that the Customer take out transport insurance for this purpose. Furthermore, the Seller recommends that the Customer send the item in suitable transport packaging to reduce the risk of transport damage and to conceal the contents of the packaging. The Seller will inform the Customer immediately of obvious transport damage so that the Customer can assert any rights they may have against the carrier.

8.5 The return of the item is at the Customer's expense. The risk of accidental loss and accidental deterioration of the item passes to the Customer upon handover of the item to a suitable transport person at the Seller's business premises. At the Customer's request, the Seller will take out transport insurance for the item.

8.6 The aforementioned provisions do not limit the Customer's statutory rights regarding defects in the event of purchasing goods from the Seller.

8.7 The Seller is liable for defects in the repair service performed in accordance with the provisions of statutory liability for defects.

9) Redemption of Promotional Vouchers

9.1 Vouchers issued by the Seller free of charge as part of promotions with a specific validity period and which cannot be purchased by the Customer (hereinafter "promotional vouchers") can only be redeemed in the Seller's online shop and only within the specified period.

9.2 Promotional vouchers can only be redeemed by consumers.

9.3 Individual products may be excluded from the voucher promotion, provided that a corresponding restriction results from the content of the promotional voucher.

9.4 Promotional vouchers can only be redeemed before completing the ordering process. Subsequent crediting is not possible.

9.5 Only one promotional voucher can be redeemed per order.

9.6 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the Seller.

9.7 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be chosen to settle the difference.

9.8 The credit of a promotional voucher will neither be paid out in cash nor bear interest.

9.9 The promotional voucher will not be refunded if the Customer returns goods paid for entirely or partially with the promotional voucher within the scope of their statutory right of withdrawal.

9.10 The promotional voucher is intended for use only by the person named on it. Transfer of the promotional voucher to third parties is excluded. The Seller is entitled, but not obliged, to verify the material entitlement of the respective voucher holder.

10) Applicable Law

All legal relations between the parties shall be governed by the law of the Federal Republic of Germany, to the exclusion of the laws on the international sale of movable goods. For consumers, this choice of law shall apply only 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.

11) Place of Jurisdiction

If the customer acts as a merchant, a legal entity under public law, or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the Seller's place of business. If the customer has its registered office outside the territory of the Federal Republic of Germany, the Seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims from the contract can be attributed to the customer's professional or commercial activity. In the aforementioned cases, however, the Seller is in any case entitled to appeal to the court at the customer's registered office.

12) Code of Conduct

– The Seller has submitted to the Trusted Shops quality criteria, which can be viewed online at http://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf.

13) Alternative Dispute Resolution

13.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.

13.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.