General terms and conditions of business (AGB)

§ 1 Basic provisions

(1) The following terms and conditions apply to all contracts between Klanz Systeme natürlich anders GmbH, Alliger Weg 40, 56642 Kruft, Germany - hereinafter referred to as the provider - and the customer, which are concluded via the provider's website http://www.klanz.com. Unless otherwise agreed, the inclusion of the customer's own terms and conditions is hereby rejected. 

(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for a purpose that cannot be attributed to either his commercial or independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his independent professional or commercial activity. 

(3) The contract language is German. The full contract text is not stored by the provider. Before sending the order via the online shopping cart system, the contract data can be printed out using the browser's print function or saved electronically. After the order has been received by the provider, the order data, the legally required information for distance selling contracts and the general terms and conditions are sent to the customer again by email.
In the case of requests for offers that are sent to the provider, for example by telephone, email, fax or in writing, the customer will receive all contract data as part of a binding offer by email, which the customer can print out or save electronically. 

§ 2 Subject matter of the contract

The subject of the contract is the sale of goods. The details, in particular the essential characteristics of the goods, can be found in the item description and the additional information on the provider's website. 

§ 3 Conclusion of the contract

(1) The product presentations of the provider on the Internet are non-binding and do not constitute a binding offer to conclude a contract. 

(2) The customer can submit a binding purchase offer (order) via the online shopping cart system. The goods intended for purchase are placed in the "shopping cart". The customer can access the "shopping cart" using the corresponding button in the navigation bar and make changes there at any time. After calling up the "Checkout" page and entering personal data as well as the payment and shipping conditions, all order data is finally displayed again on the order overview page. 
If the customer uses the instant payment system "PayPal - Express" by clicking on the "Express purchase with PayPal" button integrated in the shop system, he will be redirected to the PayPal login page. After successful registration, the customer will be shown the address and account details stored with PayPal. The "continue" button takes the customer back to the order overview page in the provider's online shop. Before submitting the order, the customer has the opportunity to check all details again, change them (also using the "back" function of the Internet browser) or cancel the purchase. 
By submitting the order via the "order with payment" button, the customer submits a binding offer to the provider. 
The customer first receives an automatic email confirming receipt of his order, which does not yet lead to the conclusion of a contract. 

(3) Acceptance of the offer (and thus conclusion of the contract) occurs either by confirmation in text form (e.g. email), in which the customer is informed that the order has been processed or the goods have been delivered, or by sending the goods. If the customer has not received an order confirmation or notification of delivery or goods within 5 days, he is no longer bound to his order. In this case, any services already provided will be refunded immediately. 

(4) Customer inquiries about purchasing goods outside of the online shopping cart system, which are sent to the provider by telephone, email, fax or in writing, are non-binding for the customer. The provider will submit a binding offer to the customer in text form (e.g. by email), which the customer can accept within 5 days. 

(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by email. The customer must therefore ensure that the email address he has provided to the provider is correct, that the receipt of the emails is technically guaranteed and, in particular, that it is not prevented by SPAM filters. 

§ 4 Prices, shipping costs

(1) The prices and shipping costs stated in the respective offers represent final prices. They include all price components including all applicable taxes. 

(2) The shipping costs incurred are not included in the purchase price. They can be accessed via the "Payment and Shipping" page, are shown separately during the ordering process and are to be borne by the customer in addition, unless free shipping has been promised. 

(3) The customer will receive an invoice showing VAT. 

§ 5 Payment and shipping conditions

(1) The terms and conditions for payment and shipping can be found under the button of the same name in the navigation. 

(2) Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately. 

(3) If, contrary to expectations, a product ordered by the customer is not available for reasons beyond the control of the provider despite the timely conclusion of an adequate hedging transaction, the customer will be informed immediately of the unavailability and, in the event of withdrawal, any payments already made will be refunded immediately. 

(4) For consumers, it is legally regulated that the risk of accidental loss and accidental deterioration of the item sold during shipment only passes to the customer when the goods are handed over to the customer, regardless of whether the shipment is insured or uninsured. 

§ 6 Return costs when exercising the right of withdrawal

In the event that the statutory right of withdrawal applicable to consumers in the case of distance selling contracts is exercised, it is agreed that the customer must bear the regular costs of return if the price of the item to be returned does not exceed an amount of 40 euros or if, in the case of a higher price of the item, the customer has not yet provided the consideration or a contractually agreed partial payment at the time of withdrawal, unless the goods delivered do not correspond to those ordered. In all other cases, the provider bears the costs of return. 

§ 7 Right of retention, retention of title

(1) The customer may only exercise a right of retention if the claims relate to the same contractual relationship. 

(2) The goods remain the property of the provider until the purchase price has been paid in full. 

§ 8 Warranty

(1) The statutory provisions shall apply. 

(2) As a consumer, the customer is requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to report any complaints to the provider and the carrier as soon as possible. If the customer fails to do so, this will have no effect on the statutory warranty claims. 

§ 9 Liability

(1) The provider shall be liable without limitation for damages resulting from injury to life, body or health, in all cases of intent and gross negligence, in the case of fraudulent concealment of a defect, in the case of assumption of a guarantee for the quality of the purchased item, in the case of damages under the Product Liability Act and in all other legally regulated cases. 

(2) If essential contractual obligations are affected, the provider's liability in the event of slight negligence is limited to the foreseeable damage typical for the contract. Essential contractual obligations are essential obligations that arise from the nature of the contract and the violation of which would jeopardize the achievement of the purpose of the contract, as well as obligations that the contract imposes on the provider according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the customer can regularly rely. 

(3) In the event of a breach of minor contractual obligations, liability shall be excluded in the event of slightly negligent breaches of duty. 

(4) Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times given the current state of technology. The provider is therefore not liable for the constant or uninterrupted availability of the website and the services offered there. 

§ 10 Choice of law, place of performance, place of jurisdiction

(1) German law applies. In the case of consumers, this choice of law only applies to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which he or she is habitually resident (favorability principle). 

(2) The place of performance for all services arising from the business relationship with the provider and the place of jurisdiction is the registered office of the provider, provided that the customer is not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if the customer does not have a general place of jurisdiction in Germany or the EU or if the place of residence or habitual abode is not known at the time the action is brought. The right to also bring the case before a court at another legal place of jurisdiction remains unaffected. 

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.