General Terms and Conditions of Korntex GmbH
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§1 General and Scope
1. These General Terms and Conditions (hereinafter "GTC") apply to all contracts concluded via our online shop accessible at korntex.de or shop.korntex.de between
Carl-Zeiss-Straße 5
70736 Fellbach
Germany
Tel.: +49 711 88888 777
Email: info@korntex.com
(hereinafter "Korntex")
and
the users of the online shop
(hereinafter "Customers").
2. The GTC apply regardless of whether the customer is a consumer, entrepreneur, or trader. The customer is a consumer if the purpose of the ordered service cannot predominantly be attributed to his commercial or self-employed professional activity (§ 13 BGB). In contrast, an entrepreneur is any natural or legal person or legal partnership capable of holding rights, which acts in the exercise of its commercial or independent professional activity when concluding the contract (§ 14 BGB). 3. No separate contract text is provided for the contract for the purchase of products. The content of the contract concluded between Korntex and the customer is determined by these GTC, the information provided by the customer as part of an order, and the order and order confirmation. 4. The version of the GTC valid at the time of conclusion of the contract is decisive. 5. Contract-related communication may be conducted electronically, unless otherwise stipulated in these GTC or by law. 6. We do not accept any deviating conditions of the customer. This also applies if we do not expressly object to their inclusion.
§ 2 Conclusion of Contract
1. The presentation and promotion of products in the online shop do not constitute a binding offer to conclude a purchase contract. 2. The customer can initially place the products in the virtual shopping cart without obligation and can correct the entries before submitting a binding order at any time by using the appropriately labeled and self-explanatory buttons ("buttons") provided for this purpose in the ordering process. 3. The customer makes a legally binding offer when he/she enters the requested data within the online order form and clicks the "order with costs" button. By clicking the "order with costs" button, the customer submits a legally binding offer to conclude a purchase contract for the products in the shopping cart. 4. With the order, the customer submits an offer to us to conclude a purchase contract. A contract is only concluded when Korntex accepts the order by means of an acceptance declaration (order confirmation) or by sending the respective product. If there are several of the aforementioned alternatives, the contract is concluded at the time when one of the aforementioned alternatives occurs first. Korntex can accept the offer until the end of the third working day following the day on which the offer was made by the customer. The customer's right, if any, to withdraw the order in accordance with § 3 remains unaffected. 5. Korntex will confirm receipt of the customer's order submitted via our online shop immediately by email. Such an email does not yet constitute a binding acceptance of the order, unless it simultaneously confirms acceptance in addition to confirming receipt. 6. If the customer chooses the payment methods advance payment or PayPal, Korntex declares its anticipated acceptance of the customer's contract offer by offering these payment options at the end of the ordering process. If delivery of the products ordered by the customer is not possible without Korntex's fault, Korntex reserves the right to withdraw from the contract concluded with the customer. In particular, delivery is not possible if Korntex itself is not supplied by suppliers or if the availability of a product explicitly refers to the stock at Korntex, which is already sold out at the time of the conclusion of the contract. Korntex will inform the customer immediately about the exercise of the right of withdrawal and will refund any consideration received without delay. 7. The contract text (consisting of the order, the GTC and, if applicable, the order confirmation) is stored in compliance with data protection regulations. Korntex will send the customer the order data and the GTC by email following his/her order. After completion and leaving the ordering process by calling up a new web page or closing the browser, the contract text is no longer accessible to the customer in the online shop. 8. The contract language is German. Even if the contract text is translated into another language, the German contract text remains binding.
§ 3 Right of Withdrawal and Cancellation Policy for Consumers
1. If the customer is a consumer within the meaning of § 1.2, he/she is entitled to a right of withdrawal in accordance with the statutory provisions.
2. The regulations governing the right of withdrawal are set out in detail in the following.
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. This right of withdrawal applies only to consumers in accordance with §3 of the GTC. The withdrawal period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, have taken possession of the goods. To exercise your right of withdrawal, you must inform us (Korntex GmbH, Carl-Zeiss-Straße 5, 70736 Fellbach, Germany, Tel.: +49 711 88888 777, Email: info@korntex.com) by means of a clear statement (e.g., a letter sent by post or email) of your decision to withdraw from this contract. You can use the attached sample withdrawal form for this purpose, but this is not mandatory. To comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of Withdrawal:
If you withdraw from this contract, we will refund you all payments we have received from you, including delivery costs (except for the additional costs arising from your choosing a different type of delivery than the cheapest standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we receive notification of your withdrawal from this contract. We will make the refund using the same means of payment that you used for the initial transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may withhold the refund until we have received the goods back or you have provided proof that you have returned the goods, whichever is earlier. You must return or hand over the goods to us without undue delay and in any event not later than fourteen days from the day on which you notify us of the withdrawal from this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.The right of withdrawal does not apply pursuant to § 312g para. 2 BGB to distance contracts for the delivery of goods that are made to customer specifications or clearly tailored to personal needs.
§ 4 Right of Withdrawal for Entrepreneurs
1. Korntex grants the customer who is an entrepreneur a voluntary right of withdrawal under the conditions described in § 4 para. 1 to 4 below.
2. The customer can withdraw from the purchase contract regarding ordered products up to 14 days after conclusion of the contract by declaration in text form or return of the products without stating reasons. When returning the products, the aforementioned period is preserved by handing them over to the shipping company.
3. In the event of withdrawal within the permissible period, a processing fee of 20 % of the product value will be charged. Delivery of the products to the shipping company or receipt of a shipping confirmation shall be considered as delivery.
4. Korntex will only refund the purchase price minus the processing fee after exercising the right of withdrawal upon receipt of the products by the customer. Shipping costs will not be credited.
5. The right of withdrawal applies only to originally packaged products.
6. The right of withdrawal does not apply to products that have been manufactured according to customer specifications or that are tailored to the personal needs of the customer.
§ 5 Prices and Shipping Costs
1. All price information in the online shop is gross prices including statutory VAT and does not include any shipping costs that may apply. The customer is responsible for customs duties and similar charges.
2. Korntex calculates the costs for packaging and shipping (shipping costs) separately if the products are not marked as free of shipping costs. The shipping costs (including statutory VAT) will be communicated to the customer under