Terms and Conditions

Standard Business Terms and customer information
I. Standard business terms
§ 1 Basic provisions
1.1 The following business terms are applicable to the relations between Kaufmela GmbH via
the https://kaufmela.de/ website and the Customers. Unless otherwise agreed upon, the
inclusion of the customer’s own conditions is ruled out.
1.2 Consumer in the sense of the following regulations is every natural person who concludes
a legal transaction for a purpose that cannot be attributed to his commercial or independent
professional activity. An entrepreneur is any natural or legal person or a partnership with a legal
capacity who, when concluding a legal transaction, acts in the exercise of his or her independent
professional or commercial activity.
1.3 The contract language is German or English. The complete text of the contract is not stored
by the provider. Before sending the order via the online shopping cart system, the contract data
can be printed out or electronically saved using the browser’s print function. After receipt of
the order by the provider, the order data, the legally required information for distance contracts
and the general terms and conditions will be sent to the customer again by email.
§ 2 Subject matter of the contract
2.1 The subject of the contract is the sale of products. The details, in particular the essential
characteristics of the products can be found in the item description and the supplementary
information on the website of the provider.
§ 3 Conclusion of the contract
3.1 The product representations of the provider on the Internet are non-binding and not a
binding offer to conclude a contract.
3.2 The customer can make a binding purchase offer (order) via the online shopping cart
system.
3.3 The purchase agreement takes place via the online shopping cart system as follows:
The products intended for purchase are placed to the “shopping cart”. Via the corresponding
button in the navigation bar, the customer can call up the “shopping cart” and make changes
there at any time. After calling up the “Checkout” page and entering the required personal data
and payment and shipping conditions, all order information is then displayed again on the order
summary page.
If you use an instant payment system to initiate payments, you will either be guided to our
online shop on the order summary page or forwarded to the web page of the instant payment
provider. If you are forwarded to the instant payment system, choose and enter your details as
appropriate. You will then be returned to the order summary page in our online shop.
Before sending the order, the customer has the opportunity to check all the information again,
change it (also using the “back” function of the Internet browser) or cancel the purchase. By
sending the order via the “buy” button, the customer submits a binding offer to the provider.
The customer first receives an automatic email about the receipt of his order, which does not
yet lead to the conclusion of the contract.
3.4 The acceptance of the offer (and thus the conclusion of the contract) takes place either by
confirmation in text form (e.g. email), in which the processing of the order or delivery of the
products is confirmed to the customer, or by sending the goods. If the customer has not received
an order confirmation or notification of delivery or no products within 5 days, he is no longer
bound to his order. In this case, any services already rendered will be refunded immediately.
3.5 The execution of the order and the sending of all the details necessitated by the conclusion
of the contract take place via e-mail, in a partially automated manner. Consequently, you have
to ensure that the e-mail address that you have deposited with us is the correct one and that the
receipt of the respective e-mails is guaranteed. In particular, you have to ensure that the
respective e-mails are not blocked by a SPAM filter.
§ 4 Prices, shipping costs and payment arrangements
4.1 The prices listed in the respective offers as well as the shipping costs represent final prices.
All prices are in Euro, they include all the price components, including all applicable taxes.
4.2 We accept various payment methods including credit/debit cards and other electronic
payment methods. Payment is made using the options of payment indicated on the website.
Kaufmela GmbH uses appropriate security measures to ensure the security of payment
information.
4.3 The shipping costs incurred are not included in the purchase price. They can be called up
via the “Payment and Shipping” page, are shown separately in the course of the ordering
process and are to be borne additionally by the customer, unless free shipping has been
promised.
4.4 You must also bear the costs arising from money transfers in cases in which the delivery is
made to an EU Member State, but the payment is initiated outside of the European Union.
4.5 Unless otherwise specified in the individual payment methods, the payment claims arising
from the concluded contract are due for payment immediately.
4.6 The customer receives an invoice with VAT.
§ 5 Right of retention, reservation of proprietary rights
5.1 You can only exercise a right of retention if the situation in question involves claims
arising from the same contractual relationship.
5.2 The goods remain our property until the purchase price is paid in full.
§ 6 Warranty
6.1 The statutory warranty rights are applicable.
6.2 As a consumer, you are requested to promptly check the product for completeness, visible
defects and transport damage as soon as it is delivered, and promptly disclose your complaints
to us and the shipping company in writing. Even if you do not comply with this request, it shall
have no effect on your legal warranty claims.
§ 7 Choice of law, place of fulfilment, jurisdiction
7.1 German law shall apply. This choice of law only applies to customers if it does not result
in the revocation of the protection guaranteed by the mandatory provisions of the law of the
country in which the respective customer’s usual place of residence is located (benefit-of-the-doubt principle).
7.2 If you are not a consumer, but a businessman, a legal entity under public law or an
institutional fund governed by public law, our place of business is the place of jurisdiction as
well as the place of fulfilment for all services that follow from the business relationships that
exist with us. The same condition applies to situations in which you are not associated with a
general place of jurisdiction in Germany or the EU, as well as situations in which the place of
residence or the usual place of residence is not known at the time of commencement of
proceedings. This has no bearing on the capacity to call upon the court associated with another
place of jurisdiction.
7.3 The provisions of the UN Convention on Contracts for the International Sale of Goods are
explicitly inapplicable.
II. Customer information
Identity of the seller
Kaufmela GmbH
Maximilianstraße 1, 93047 Regensburg
Germany
E-Mail: info@kaufmela.de
§ 1 Online dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution
(OS platform), which can be viewed under https://ec.europa.eu/odr. You can find our e-mail
address in the imprint.
§ 2 Information regarding the conclusion of the contract
The technical steps associated with the conclusion of the contract, the contract conclusion itself
and the correction options are executed in accordance with the regulations and conclusion of the
contract in our standard business terms and conditions above.
§ 3 Contractual language, saving the text of the contract
3.1 Contract language shall be English.
3.2 The complete text of the contract is not saved with us. Before the order is sent, via the
online – shopping cart system the contract data can be printed out or electronically saved using
the browser’s print function. After the order is received by us, the order data, the legally
mandated details related to distance selling contracts and the standard business terms are re-sent to you via e-mail.
3.3 You will be sent all contractual information within the framework of a binding offer in
written form, via E-mail for example, for quotation requests outside of the online shopping
basket system, which can be printed out or saved electronically in a secure manner.
§ 4 Codes of conduct
4.1 We are voluntarily subject to the Käufersiegel quality criteria of Händlerbund
Management AG which can be viewed at:
https://www.haendlerbund.de/images/content/kaeufersiegel/kaeufersiegelqualitatskriterien.pdf and in this regard, the Ecommerce Europe Trustmark Code of Conduct
https://www.ecommercetrustmark.eu/the-code-of-conduct/.
§ 5 Main features of the product or service
The key features of the goods and/or services can be found in the respective quote.
§ 6 Prices and payment arrangements
6.1 The prices stated in the respective offers represent total prices, as well as the shipping
costs. They include all the price components, including all the incidental taxes.
6.2 The shipping costs incurred are not included in the purchase price. They can be viewed by
clicking the appropriate button on our website or in the respective quote, are shown separately
over the course of the order transaction and must additionally be borne by you, insofar as free
delivery is not confirmed.
6.3 You will also have to bear the costs of a money transfer if the delivery is made to an EU
member state, but the payment is made outside the European Union.
6.4 The payment methods that are available to you are shown by clicking the appropriate button
on our website or are disclosed in the respective quote.
6.5 Unless otherwise specified for the respective payment methods, the payment claims arising
from the contract that has been concluded become payable immediately.
§ 7 Delivery conditions
7.1 The delivery conditions, delivery date and existing supply restrictions, if applicable, can be
found by clicking the appropriate button on our website or in the respective quote.
7.2 If you are a consumer, the following is statutorily regulated: The risk of the sold item
accidentally being destroyed or degraded during shipping only passes over to you when the
item in question is delivered, regardless of whether or not the shipping operation is insured.
This does not apply if you have independently commissioned a transport company that has not
been specified by us or a person who has otherwise been appointed to execute the shipping
operation.
§ 8 Statutory warranty right
Liability for defects is governed by the “Warranty” provisions in our standard business terms
and condition above.
These SBTs and customer data were created by the lawyers specialising in IT law who work
for the Händlerbund and are constantly checked for legal conformity. Händlerbund
Management AG guarantees the legal security of the texts and assumes liability in case
warnings are issued. More detailed information can be found on the following website:
https://www.haendlerbund.de/agb-service.
last update: 10.03.2024