General Terms and Conditions with Customer Information

Table of Contents

  1. Scope of Application
  2. Conclusion of Contract
  3. Right of Withdrawal
  4. Prices and Payment Conditions
  5. Delivery and Shipping Conditions
  6. Granting of Usage Rights for Digital Content
  7. Retention of Title
  8. Liability for Defects (Warranty)
  9. Special Conditions for the Processing of Goods According to Customer Specifications
  10. Special Conditions for Repair Services
  11. Redemption of Promotional Vouchers
  12. Applicable Law
  13. Place of Jurisdiction
  14. Code of Conduct
  15. Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of Kipor.org GmbH (hereinafter referred to as “Seller”) apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as “Customer”) concludes with the Seller with regard to the goods presented by the Seller in their online shop. The inclusion of the Customer’s own terms is hereby rejected, unless otherwise agreed.

1.2 These GTC apply accordingly to contracts for the provision of digital content, unless otherwise stipulated. Digital content in the sense of these GTC refers to data that is created and provided in digital form.

1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their self-employed professional activity.

1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a legal partnership who, when entering into a legal transaction, acts in the exercise of their commercial or self-employed professional activity.

2) Conclusion of Contract

2.1 The product descriptions in the Seller’s online shop do not constitute binding offers on the part of the Seller, but serve to submit a binding offer by the Customer.

2.2 The Customer can submit an offer via the online order form integrated into the Seller’s online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding offer to purchase the goods in the shopping cart by clicking the button that completes the order process. The Customer can also submit the offer to the Seller by email, fax, postal service, or telephone.

2.3 The Seller may accept the Customer’s offer within five days,

  • by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), in which case the receipt of the order confirmation by the Customer is decisive, or
  • by delivering the ordered goods to the Customer, in which case the receipt of the goods by the Customer is decisive, or
  • by requesting payment from the Customer after the Customer has placed the order.
The contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the Customer sends the offer and ends at the close of the fifth day following the sending of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this is considered a rejection of the offer with the consequence that the Customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, the payment transaction will be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as “PayPal”), subject to the PayPal terms of use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full, or – if the Customer does not have a PayPal account – under the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer selects a payment method offered by PayPal, the Seller declares acceptance of the Customer’s offer at the time when the Customer clicks the button to complete the order process.

2.5 When submitting an offer via the Seller’s online order form, the text of the contract will be stored by the Seller after the conclusion of the contract and sent to the Customer after submitting their order in text form (e.g., email, fax, or letter). The Seller does not make the contract text accessible beyond this. If the Customer has set up a user account in the Seller’s online shop before submitting their order, the order data will be archived on the Seller’s website and can be accessed by the Customer free of charge via their password-protected user account by entering the corresponding login details.

2.6 Before submitting the order via the Seller’s online order form, the Customer can identify any input errors by carefully reading the information displayed on the screen. An effective technical means to enhance the detection of input errors may be the zoom function of the browser, which enlarges the display on the screen. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button to complete the order process.

2.7 The German language is available for the conclusion of the contract.

2.8 The order processing and contact usually take place via email and automated order processing. The Customer must ensure that the email address they provide for order processing is correct so that emails sent by the Seller can be received at this address. In particular, the Customer must ensure that all emails sent by the Seller or by third parties engaged in order processing can be delivered, especially when using SPAM filters.

3) Right of Withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 More detailed information on the right of withdrawal can be found in the Seller’s cancellation policy.

3.3 The right of withdrawal does not apply to consumers who, at the time of conclusion of the contract, do not belong to a member state of the European Union and whose sole residence and delivery address are outside the European Union at the time of conclusion of the contract.

4) Prices and Payment Conditions

4.1 Unless otherwise stated in the Seller’s product description, the prices indicated are total prices including statutory VAT. Any additional delivery and shipping costs will be indicated separately in the respective product description.

4.2 The Customer can choose from various payment methods offered in the Seller’s online shop.

4.3 If prepayment by bank transfer is agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

4.4 When selecting a payment method offered by PayPal, the payment will be processed via PayPal. In this case, the PayPal terms and conditions apply.

5) Delivery and Shipping Conditions

5.1 The delivery of goods is made by dispatch to the delivery address specified by the Customer, unless otherwise agreed. During the processing of the transaction, the delivery address specified in the Seller’s order processing is decisive.

5.2 If the transport company returns the shipped goods to the Seller because delivery to the Customer was not possible, the Customer bears the costs for the unsuccessful shipment. This does not apply if the Customer exercises their right of withdrawal, if they are not responsible for the circumstances that led to the unsuccessful delivery, or if they were temporarily prevented from accepting the service offered, unless the Seller gave the Customer reasonable prior notice of the service.

6) Granting of Usage Rights for Digital Content

Unless otherwise stated in the content description in the Seller’s online shop, the Seller grants the Customer the non-exclusive right, unlimited in time and place, to use the provided content for private and business purposes.

7) Retention of Title

The Seller retains ownership of the delivered goods until full payment of the purchase price has been made.

8) Liability for Defects (Warranty)

8.1 If the purchased goods are defective, the provisions of statutory liability for defects apply.

8.2 The Customer is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the Seller accordingly. If the Customer fails to do so, this has no effect on their statutory or contractual claims for defects.

9) Special Conditions for the Processing of Goods According to Customer Specifications

If the Seller manufactures goods according to the Customer’s specifications, the Customer is obliged to provide the necessary content in a timely manner. The Seller is not responsible for errors resulting from incorrect or incomplete data provided by the Customer.

10) Special Conditions for Repair Services

If the Seller offers repair services, the relevant service agreement between the Seller and the Customer applies. Further details can be found in the respective service agreement.

11) Redemption of Promotional Vouchers

Promotional vouchers issued by the Seller can only be redeemed under the specific conditions provided by the Seller and within the specified period.

12) Applicable Law

The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws governing international sales of goods.

13) Place of Jurisdiction

If the Customer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the Seller’s place of business.

14) Code of Conduct

The Seller has not submitted to any code of conduct beyond the legal requirements.

15) Alternative Dispute Resolution

The Seller is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.