GENERAL TERMS AND CONDITIONS WITH CUSTOMER INFORMATION
1. Scope of validity
2. Conclusion of contract
3. Right of revocation / Right of withdrawal
4. Prices and terms of payment
5. Terms of delivery and shipping
6. Liability for defects
7. Applicable law / Place of jurisdiction
8. Information on online dispute resolution
1. Scope of validity
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Keim G.m.b.H. (hereinafter referred to as "Seller"), apply to all contracts that a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Seller with regards to the goods and/or services presented by the Seller in its online shop. The inclusion of the customer's own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 Consumer in the sense of these GTC is any natural person who concludes a legal transaction for purposes that are not part of the operation of his business. Entrepreneur in the sense of these GTC is any natural or legal person or a partnership with a legal capacity that concludes a legal transaction for purposes that are not part of the operation of its business.
2. Conclusion of contract
2.1 The product descriptions contained in the seller's online shop do not represent binding offers on the sellers part, but serve to provide a binding offer by the customer.
2.2 The customer can submit the offer using the online order form integrated in the seller's online shop. After entering his personal data by clicking the button concluding the ordering process, the customer submits a legally binding offer to enter into a contract with regard to the goods and/or services contained in the shopping cart.
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 form of a text (fax or e-mail), 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 the customer to pay after placing his order.
If there are several of the aforementioned alternatives available, the contract is concluded as soon as the first one of the aforementioned alternatives occurs. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.
2.4 The period for acceptance of the offer shall begin on the day following the dispatch of the offer by the Customer and shall end at the end of the fifth day following the dispatch of the offer.
2.5 When submitting an offer via the Seller's online order form, the text of the contract is stored by the Seller and sent to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent his order together with these General Terms and Conditions. In addition, the text of the contract is archived on the Seller's website and can be accessed by the Customer free of charge via his password-protected customer account by entering the relevant login data, provided that the Customer has created a customer account in the Seller's online shop before sending his order.
2.6 Prior to the binding submission of the order via the Seller's online order form, the Customer can continuously correct his entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.
2.7 Only the German language is available for the conclusion of the contract.
2.8 The order processing and contact are usually carried out by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3. Right of revocation / Right of withdrawal
Consumers are generally entitled to a right of revocation/cancellation. More detailed information on this can be found in the seller's revocation instruction.
4. Prices and terms of payment
4.1 The prices quoted by the seller are total prices and include the statutory value added tax. Any additional delivery and shipping costs that may be incurred shall be stated separately in the respective product description.
4.2 Various payment options are available to the customer, which are indicated in the seller's online shop.
4.3 If advance payment has been agreed upon, payment is due immediately after conclusion of the contract.
4.4 If the payment method delivery on account is selected, the purchase price is payable within 14 (fourteen) days of receipt of the invoice without deduction, unless otherwise agreed. The Seller reserves the right to carry out a credit check when selecting the payment method delivery on account and to refuse this payment method if the credit check is negative.
4.5 If the payment method "PayPal" is selected, the payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subjecting to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. This requires, among other things, that the customer opens a PayPal account or already has an account.
5. Terms of delivery and shipping
5.1 The delivery of goods shall be made by dispatch to the delivery address indicated by the customer, unless otherwise agreed.
5.2 If the transport company returns the dispatched goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful dispatch. This does not apply if the customer effectively exercises his right of revocation, if he is not responsible for the circumstance that led to the impossibility of delivery, or if he was temporarily prevented from accepting the service offered, unless the seller had given him a reasonable period of notice of the service.
5.3 In the case of self-collection, the seller shall first inform the customer by e-mail that the goods ordered by him are ready for collection. After receipt of this e-mail, the customer can pick up the goods at the seller's place of business after consultation with the seller. In this case no shipping costs will be charged.
6. Liability for defects
If there is a defect within the purchased items, the statutory provisions shall apply.
7. Applicable law / Place of jurisdiction
7.1 Austrian law shall apply to all disputes arising from this contract, including the validity of the contract itself, to the exclusion of the referral norms and the UN Convention on Contracts for the International Sale of Goods. With respect to consumers, this shall not affect mandatory provisions which are granted to them by the law of the country in which they have their habitual residence.
7.2 If the customer is an entrepreneur within the meaning of section 1.2, the place of the seller's registered office is agreed as the exclusive place of jurisdiction.
8. information on online dispute resolution
The platform for online dispute resolution of the EU Commission can be accessed on the Internet under the following link: https://ec.europa.eu/odr
We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.