Conditions
General terms and conditions of business
1. Scope
The following terms and conditions apply to all orders placed via our online shop by consumers and entrepreneurs.
The following applies to Germany: According to Section 13 of the German Civil Code (BGB), a consumer is any natural person who concludes a legal transaction for purposes that cannot predominantly be attributed to either their commercial or their independent professional activity.
The following applies to Austria: In the following conditions, “consumer” is understood to mean “consumer” within the meaning of the Consumer Protection Act (KSchG).
The following applies to Switzerland: In the following conditions, “consumer” is understood to mean the “consumer” under Swiss law.
The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; They only become part of the contract if we have expressly agreed to this.
2. Contractual partner, conclusion of contract, correction options
The purchase contract is concluded with Klein AG.
By placing the products in the online shop, we make a binding offer to conclude a contract for these items. You can initially place our products in your shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the ordering process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking on the order button. Immediately after submitting your order, you will receive another confirmation by email.
3. Contract language, contract text storage
The language(s) available for concluding the contract: German, English
We save the contract text and send you the order data and our general terms and conditions in text form. You can view the contract text in our customer login.
4. Delivery conditions
We deliver free of charge.
We only deliver by mail. Unfortunately, a self collection of the product is not possible.
We do not deliver to packing stations.
5. Payment
The following payment methods are generally available to you in our shop:
Payment in advance
If you choose the advance payment method, we will give you our bank details in a separate email and deliver the goods after receipt of payment.
Credit card
When you submit your order, you provide your credit card details.
Your card will be charged immediately after you place your order.
PayPal, PayPal Express
In order to be able to pay the invoice amount via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), you must be registered with PayPal and authenticate yourself with your access data and confirm the payment order.
The payment transaction is carried out by PayPal immediately after placing the order. You will receive further information during the ordering process.
PayPal can offer registered PayPal customers selected according to their own criteria additional payment options in the customer account. However, we have no influence on offering these modalities; Further individually offered payment modalities affect your legal relationship with PayPal. Please see your PayPal account for more information.
PayPal Plus
In collaboration with the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), we offer you the following payment options as PayPal Services. Unless otherwise stipulated below, payment via PayPal Plus does not require registration with PayPal. You will receive further information regarding the respective payment option and during the ordering process.
PayPal, PayPal Express
In order to be able to pay the invoice amount using the PayPal payment option, you must be registered with PayPal, identify yourself with your access data and confirm the payment instruction.
The payment transaction is carried out by PayPal immediately after placing the order.
PayPal can offer registered PayPal customers selected according to their own criteria additional payment options in the customer account. However, we have no influence on offering these modalities; Further individually offered payment modalities affect your legal relationship with PayPal. Please see your PayPal account for more information.
Credit card via PayPal
Your card will be charged by PayPal after the goods have been dispatched.
Direct debit via PayPal
Payment by direct debit via PayPal requires an address and credit check and is made directly to PayPal. By confirming the payment order, you give PayPal a direct debit mandate. PayPal will inform you of the date of the account debit (so-called prenotification). The account will be debited before the goods are dispatched.
Purchase on account via PayPal
Purchasing on account via PayPal requires an address and credit check and is made directly to PayPal.
Immediately by Klarna
In order to be able to pay the invoice amount via the payment service provider Sofort GmbH, Theresienhöhe 12, 80339 Munich, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment instruction. Your account will be debited immediately after you place your order. You will receive further information during the ordering process.
Google Pay
In order to be able to pay the invoice amount via the payment service provider Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland (“Google”), you must be registered with Google, have activated the Google Pay function, identify yourself with your access data and confirm the payment order. The payment transaction is carried out immediately after placing the order. You will receive further information during the ordering process.
giropay / paydirekt
In cooperation with the payment service provider paydirekt GmbH, Stephanstr. 14-16, 60313 Frankfurt a. M (“giropay” or “paydirekt”) we offer the payment methods giropay and paydirekt.
giropay
In order to be able to pay the invoice amount via giropay, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment instruction. Your account will be debited immediately after you place your order. You will receive further information during the ordering process.
paydirect
In order to be able to pay the invoice amount via paydirekt, you must have a bank account activated for online banking, be registered with paydirekt, identify yourself with your access data and confirm the payment instruction.
The payment transaction is carried out immediately after placing the order. You will receive further information during the ordering process.
BillPay
In cooperation with the payment service provider “BillPay”, operated by Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment options. Payment via BillPay requires a successful address and credit check and is made directly to BillPay. Further information can be found in the respective payment option and in the ordering process.
Invoice via BillPay
The invoice amount is due after the goods have been dispatched and the invoice has been received.
Direct debit via BillPay
By submitting the order, you grant BillPay a SEPA direct debit mandate. BillPay will inform you about the date of the account debit (so-called prenotification). The account will be debited before the goods are shipped.
Klarna
In cooperation with the payment service provider Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Sweden (“Klarna”), we offer you the following payment options. Payment via Klarna is only available to consumers. Unless otherwise stipulated below, payment via Klarna requires a successful address and credit check and is made directly to Klarna. Further information can be found in the respective payment option and in the ordering process.
Purchase on account via Klarna
The invoice amount is due 30 days after dispatch of the goods and receipt of the invoice.
Installment purchase via Klarna
You can pay the invoice amount in monthly installments of at least 1/24 of the total amount. The minimum rate is 6.95 euros.
Klarna credit card
During the ordering process you provide your credit card details. Your card will be charged by Klarna immediately after you place the order. There is no address or credit check.
Klarna direct debit
You grant Klarna a SEPA direct debit mandate. Klarna will inform you about the date of the account debit (so-called prenotification). The account will be debited after the goods have been dispatched.
6. Right of withdrawal
Consumers have the statutory right of cancellation, as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of withdrawal.
7. Retention of title
The goods remain our property until full payment. For customers based in Switzerland, we are entitled to make a corresponding entry in the retention of title register.
The following also applies to entrepreneurs: We reserve ownership of the goods until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; You assign all claims arising from this resale to us in advance - regardless of whether the reserved goods are combined or mixed with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations. We will release the securities to which we are entitled at your request to the extent that the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.
8. Transport damage
The following applies to consumers: If goods are delivered with obvious transport damage, please report such errors to the delivery person as soon as possible and please contact us immediately. Failure to make a complaint or contact us has no consequences whatsoever for your legal claims and their enforcement, in particular your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance company.
The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the freight forwarder, the freight carrier or the person or institution otherwise designated to carry out the shipment.
9. Warranty and guarantees
9.1 Liability for defects
The following applies to consumers based in Germany and Austria:
The statutory liability law for defects applies.
The following applies to consumers based in Switzerland :
As soon as it is practicable in the normal course of business, you should check the condition of the item received and, if there are any defects for which the seller is responsible, you should notify the seller immediately. If the consumer fails to do this, the purchased item is deemed to have been approved, provided there are no defects that were not apparent during normal inspection. If such defects arise later, notification must be made immediately after discovery, otherwise the item is deemed to have been approved even with regard to these defects.
Send the defective product back to us with a description of the defect. You bear the transport costs incurred. We guarantee that defects will be rectified. This is done at our discretion either by eliminating the defect (repair) or by delivering a defect-free item (replacement delivery). If subsequent fulfillment fails, you are entitled to withdraw from the contract. This does not apply in the case of insignificant defects. A right to a price reduction is excluded.
The following applies to entrepreneurs and merchants:
Unless expressly agreed otherwise below, the statutory liability law applies.
The following restrictions and shortened deadlines do not apply to claims due to damage caused by us, our legal representatives or vicarious agents
• in the event of injury to life, body or health
• in the event of intentional or grossly negligent breach of duty or fraud
• in the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on whose compliance the contractual partner can regularly rely (cardinal obligations)
• as part of a guarantee promise, if agreed, or
• as far as the scope of application of the Product Liability Act is open.
Restrictions on entrepreneurs
For entrepreneurs, only our own information and the manufacturer's product descriptions, which were included in the contract, are deemed to be an agreement regarding the quality of the goods; We assume no liability for public statements made by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for claims for defects in newly manufactured items is one year from the transfer of risk. The sale of used goods is subject to the exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.
Regulations towards merchants
The obligation to inspect and report complaints regulated in Section 377 of the German Commercial Code (HGB) applies to merchants. If you fail to make the notification regulated there, the goods are deemed to have been approved, unless there is a defect that was not apparent during the inspection. This does not apply if we have fraudulently concealed a defect.
9.2 Warranties and Customer Service
Information about any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.
Customer service: Email: info@kleinundmore.de, Tel.: +49 40 656841-0
10. Liability
We always have unlimited liability for claims due to damage caused by us, our legal representatives or vicarious agents
- in the event of injury to life, body or health,
- in the event of intentional or grossly negligent breach of duty,
- in the case of guarantee promises, if agreed, or
- as far as the scope of application of the Product Liability Act is opened.
In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on whose compliance the contractual partner can regularly rely, (cardinal obligations) due to slight negligence on the part of us, our legal representatives or vicarious agents, the liability is limited to the amount foreseeable at the time the contract was concluded Damage that typically has to be expected is limited.
Otherwise, claims for damages are excluded.
11. Dispute Resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find here .
We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
12. Final provisions
If you are an entrepreneur, German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
If you are a merchant within the meaning of the Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.
Conditions created with the Trusted Shops Legal copywriter