General Terms and Conditions
GENERAL TERMS AND CONDITIONS OF BUSINESS of Kompernaß Handelsgesellschaft mbH
1. Scope, definitions
1.1 The online shop is operated by Kompernaß Handelsgesellschaft mbH, Burgstraße 21, 44867 Bochum, Germany, (hereinafter referred to as the "Vendor"). For all orders, deliveries and contracts for goods offered in our online shop, associated accessories and consumables (hereinafter collectively referred to as "goods") between the Vendor and the Customer, the following General Terms and Conditions of Business apply exclusively.
1.2 The presentation of the goods in our online shop is directed exclusively at consumers within the meaning of § 13 BGB (German Civil Code) (hereinafter: "Customer"). The goods are sold exclusively for private use. The retail resale of the goods is prohibited.
1.3 In the event of industrial and commercial resale of the purchased goods without obtaining prior consent from the Vendor, you undertake to pay a contractual penalty for each infringement, to be determined by us at our reasonable discretion and, in the event of a dispute, to be reviewed by the competent court.
1.4 The delivery of the goods is exclusively in household quantities unless otherwise stated in the product description.
2. Conclusion of the contract
2.1 The presentation of the goods in the online shop is not an offer to conclude a contract. You can select goods from the Vendor's range and collect them in an electronic shopping basket by clicking on the "Shopping basket" button. When you place your order ("place binding order"), you submit an offer to us to conclude a contract. Before sending the order, you can change and view the data at any time, which also gives you the opportunity to identify and correct any input errors. However, the application can only be submitted and transmitted if you have accepted the contractual conditions and thereby included them in your order by activating the checkbox marked "I have accepted the general terms and conditions".
2.2 You will then receive a message confirming receipt of the order and listing its details (order confirmation). This message serves only to inform you about the receipt and the content of the order and does not represent an acceptance of the offer by the Vendor. A sales contract is only concluded when we send you the invoice. The sending of the invoice is our acceptance of your offer and thus our order confirmation. The goods will be dispatched after payment of the invoice. We will confirm the dispatch of the goods in a further message (shipping confirmation). As a consumer, you have a right of withdrawal according to the revocation instruction below (item 11. of these General Terms and Conditions).
3. Storage of the contract text
The contract text and the order data are stored by the Vendor but, for security reasons, are not permanently available online. The confirmation of receipt and order confirmation contain all the essential order data as well as the other contractual text. You also have the option to print out the general terms and conditions as well as all data entered during the ordering process using the print function of the browser or to save them using the browser's save function.
(1) Unless otherwise specified, the delivery is made by post from the headquarters of the Vendor to the delivery address provided by the Customer. Inasmuch as no other delivery time is indicated for the respective goods, the delivery time for deliveries within Germany can be up to 5 working days after order confirmation and complete receipt of payment of the purchase price by the Vendor. For deliveries outside Germany, especially parcels, the delivery time is up to 10 working days. If the goods you have selected are temporarily unavailable, the Vendor will inform you of this immediately in the order confirmation. If the goods are permanently unavailable, the Vendor will refrain from any declaration of acceptance or sending of an invoice. In this case, a contract does not come into being.
(2) Orders from the online shop on http://www.kompernass.com can currently only be delivered to the following countries:
- France (French & Overseas Departments excluded)
- United Kingdom
- Spain (except Canary Islands, Ceuta and Melilla)
- Czech Republic
There is no delivery to Cyprus and Malta.
(3) If goods are delivered with obvious transport damage, please complain about such errors immediately to the deliverer and contact us as soon as possible: Email: or via our service portal. Failure to make a complaint or contact us will have no consequences for your legal warranty claims. However, your complaint will help us to assert our own claims against the freight carrier or the transport insurance company.
5. Prices and shipping costs
(1) All prices include the respective legally valid value added tax.
(2) Any delivery or shipping costs that are to be paid in addition to the purchase price shall be borne by the customer and quoted separately in the presentation of the goods.
(3) For deliveries outside Germany, additional taxes or duties (e.g. customs duties) may be added in individual cases. In these cases, payment is not made to the Vendor, but to the responsible customs or tax authorities.
6. Terms of payment and default
(1) Payment is made in advance. You can pay by bank transfer, PayPal or credit card (Visa, Mastercard, Amex).
(2) Payment of the purchase price must be made within 14 days after conclusion of the contract.
(3) The Vendor is entitled to charge reminder fees for each reminder after the occurrence of the default: for the second reminder, a fee of €5.00 (incl. VAT) is charged, for the third reminder, a fee of €10.00 (incl. VAT) is charged. You retain the right to prove that no damage or a lesser damage has been incurred. Default interest in accordance with the statutory provisions shall remain unaffected by this.
7. Retention of title
(1) The Vendor reserves the right to retain ownership of the goods until the purchase price has been paid in full.
(2) In the event of conduct on your part that is in breach of the contract, in particular default of payment, false statements about your creditworthiness or if an application is made to open insolvency proceedings, the Vendor is entitled – if necessary, after setting a deadline – to withdraw from the contract and to demand the return of the goods, provided that you have not yet or not completely provided the consideration.
8. Right of retention
The Customer is only entitled to a right of retention if the counterclaim is based on the same contractual relationship.
9. Warranty for material defects, guarantee
(1) The Vendor is liable for material defects in accordance with the applicable statutory provisions. The liability of the Vendor according to clause 10 remains unaffected.
(2) A guarantee only exists if it was expressly provided in the order confirmation for the respective goods.
(1) The Vendor is liable without limitation for claims for damages suffered by you arising from injury to life, limb, health or from an intentional or grossly negligent breach of material contractual obligations and for other damages based on an intentional or grossly negligent breach of duty by the Vendor. This also applies if the aforementioned violations were committed by a legal representative of the Vendor or a vicarious agent. Material contractual obligations are those whose fulfilment is necessary to achieve the purpose of the contract.
(2) If the violation of material contractual obligations was caused by simple negligence, the Vendor is liable to you only for the contractually typical foreseeable damage, unless it is a matter of claims for damages to the Customer resulting from an injury to life, body or health.
(3) The restrictions in paragraphs 1 and 2 also apply in favour of the legal representatives and vicarious agents of the Vendor if claims are made directly against them.
(4) The regulations of the product liability law remain unaffected.
(5) The limitations of liability resulting from paragraphs 1 and 2 do not apply if the Vendor has fraudulently concealed a defect or has assumed a guarantee for the quality of an item. The same applies if you and the Vendor have reached an agreement on the quality of an item; however, this requires a separate written agreement between the Vendor and you.
(6) For all other purposes, the Vendor excludes any liability; this also applies to consequential damages.
(7) If you assert a claim for consequential damage that has occurred to a movable object other than the defective goods, you are obliged to send this other movable object to the Vendor for examination of the damage. Upon completion of the examination by the Vendor, the Vendor shall return this other movable item to the Customer at its own expense.
11. Consumer's right of withdrawal and cancellation policy
(1) If you are a consumer, you have a legal right of withdrawal when concluding a distance selling transaction; the Vendor informs you about that right in accordance with the legal model below. The exceptions to the right of withdrawal are described in paragraph (2). Paragraph (3) contains a model withdrawal form.
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving reasons.
The withdrawal period is fourteen days from the day on which you or a third party designated by you, other than the carrier, have taken/has taken possession of the goods. If, in the context of a single order, the goods are delivered separately, the withdrawal period is fourteen days from the day on which you or a third party designated by you, other than the carrier, have taken/has taken possession of the last goods. In the case of delivery of goods in several partial shipments, the taking possession of the last partial shipment or the last piece is decisive.
To exercise your right of withdrawal, you must inform us of your decision to withdraw from the contract by means of a clear statement (e.g. a letter sent by post, e-mail or fax).
Kompernaß Handelsgesellschaft mbH
You can use the attached model withdrawal form for this purpose, but this is not mandatory.
In order to comply with the withdrawal period, it is sufficient to send the notification of your wish to exercise your right of withdrawal before the end of the withdrawal period.
Consequences of withdrawal
If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including delivery charges (except for additional charges resulting from your choosing a different method of delivery from the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date we receive notification of your withdrawal from this contract. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; you will not be charged for this refund. We may refuse to refund until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of your withdrawal from this contract. The deadline is met if you send the goods before the end of the fourteen-day period.
You bear the direct costs of returning the goods. You shall only be liable for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary for testing the nature, properties and functioning of the goods.
~ End of the cancellation policy ~
(2) This right of withdrawal shall not apply to distance contracts for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
(3) Model withdrawal form
(If you want to cancel the contract, please fill out this form and send it back to us.)
Delete as applicable.
12. Notes on data processing
You can find information on data protection under the heading "Data protection" on www.kompernass.com
13. Applicable law
German law applies. The non-exclusive jurisdiction of the courts in Bochum is agreed. This means that you may submit claims in connection with these terms and conditions of sale, which result from consumer protection standards, either in Bochum/Germany or in the EU member state in which you live. If you are a consumer with a habitual residence in the EU, you also enjoy protection under the mandatory provisions of the law of your country of residence.
14. Final provision
Should any provision of these General Terms and Conditions be invalid, the validity of the remaining provisions shall not be affected.
- END OF THE GENERAL TERMS AND CONDITIONS -
NOTES ON BATTERY DISPOSAL
In connection with the sale of batteries and rechargeable batteries – hereinafter referred to as batteries – and equipment that is delivered containing batteries, we are obliged to inform you of the following: As the end user, you are legally obliged to return used batteries. You can return old batteries, which we offer or have offered as new batteries in our range, free of charge to our shipping address. The symbols shown on the batteries have the following meaning: The crossed-out dustbin means that the battery must not be disposed of with the household waste. The chemical name of the pollutant is located near the dustbin symbol. "Cd" indicates that the battery contains more than 0.002 percent cadmium by weight. "Pb" indicates that the battery contains more than 0.004 percent lead by weight. "Hg" indicates that the battery contains more than 0.0005 percent mercury by weight