Conditions of Use

General Terms and Conditions

 

Terms of Khun Pon e.K.

 

 

§ 1 Scope, Definitions

(1), For the business relationship between us as Web store provider (hereinafter referred to as the "Provider") and the customer (hereinafter referred to as the "Customer") apply exclusively the following general terms and conditions in the version valid at the time of ordering. Any different conditions of the Customer are not recognised unless the Provider expressly agrees to their validity in writing. 

(2) These Terms apply both to consumers and to companies, unless the respective clause introduces any differentiation. The Customer is a consumer, if the purpose of the ordered deliveries cannot be attributed to its commercial or independent professional activity. By contrast entrepreneur is any natural or legal person or unincorporated organisation that trades within their commercial or independent professional activity when concluding the contract. 

 

§2 Conclusion of the contract

(1) The Customer can select products from the Provider's range and using the button "put in the shopping basket" collect them in a so-called shopping basket. With the button "Submit order" he delivers a binding offer to purchase the goods in the basket. Before submitting the order, the Customer can change the data at any time and see. By clicking the button "subject to the payment order", enter a binding order. 

The presentation of products in our online shop does not constitute a legally binding offer; it is a non-binding online catalogue of products only. By clicking on the button "Buy" / "subject to the payment order" submit a binding order of the products in the shopping basket. The confirmation of receipt of your order takes place together with the acceptance of the order immediately after by sending an automated email. The purchase order becomes binding once this email confirmation is sent.

 

§3 Delivery, availability of goods

(1) If any of the selected products are not available at the time you place an order, then the Provider will inform you immediately in the order acceptance email. If the product is permanently out of stock, the Provider has the right to dissolve the order for this product. He will notify the Customer immediately in this case and refund any payments already made by the Customer without delay. 

(2) If the product ordered is only temporarily unavailable, the Provider will likewise immediately inform you in the order confirmation. For a delivery delay of more than two weeks, you have the right to withdraw from the contract. In this case, the Provider is also entitled to withdraw from the contract. In this eventuality, the seller will immediately refund any payments already made. 

(3) The Provider is entitled to withdraw, if the Customer has an application for commencement of insolvency proceedings over his assets, if  such have been opened against his property or refused to open for lack of assets, as if he has submitted the affidavit in compliance with § 807 ZPO . 

 

§4 Reservation of proprietary rights

Until full payment has been made, the delivered goods remain the property of the Provider.

 

§5 Prices and shipping costs

(1) All prices are specified on the website of the Provider are including the applicable statutory value added tax. 

(2) The applicable delivery charges are specified in the order form and shall be borne by the Customer. 

(3) The shipment of the goods is carried out at discretion of the Provider by post or through a Freight forwarding.

 

§ 6 Payment terms

(1) You can choose to pay the invoice either via PayPal, bank transfer, cash on delivery, credit card, (BillSafe). The Provider reserves the right to deliver the initial order to new customers only against cash on delivery. In this case he shall notify the Customer in the e-mail that contains the acceptance of the contract, with.

(2) Upon purchase invoice of the total amount within 14 days from receipt of the invoice. The Customer comes after this aforementioned period in arrears. In this case, he has to pay to the Provider a default interest at the rate of 5 percentage points above the base rate since admission to pay the arrears. 

(3) The Customer's obligation to pay default interest includes the right of further claims for damages by the Provider. 

 

§7 Warranty for defects

(1) The Provider is liable for defects in accordance with the applicable statutory provisions, in particular §§434 ff of the German Civil Code (BGB). Compared to entrepreneurs, the warranty on items supplied by the Provider is 12 months. 

(2) The Customer has to notify the Provider of obvious defects not later than 2 weeks after the detection of the defects.

 

§ 8 Liability

(1) The Customer's claims of compensation for damages due to contractual breaches of duties and for offences are excluded. This excludes the Customer's claims for damages resulting from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations), as well as liability for other damages caused by an intentional or grossly negligent breach of duty of the Provider, their legal representatives or agents. Essential contractual obligations are those, the fulfilment of which is necessary to achieve the objective of the contract. 

(2) In case of breach of essential contractual obligations, we are only liable for the typical, foreseeable damage if this was caused by simple negligence, unless the Customer's claims damages that result from injury to life, body, or health. 

(3) The restrictions of paragraphs 1 and 2 also apply to our legal representatives and vicarious agents if claims are made directly against them. 

(4) The regulations of the Product Liability Act shall remain unaffected.

 

§ 9 Withdrawal:

You may withdraw from your contract in writing (e.g. letter, fax, email) within 14 days without obligation to provide reason for the withdrawal or - if the item is delivered to you before the above-mentioned deadline - by returning the goods.

The period begins upon receipt of this notification in writing, but not before receipt of the goods by the Customer (not before receipt of the first partial delivery in the case of recurring deliveries of similar goods) and also not before we have fulfilled our obligation to inform in accordance with Article 246 § 2 in connection with Section 1 and 2 of the Introductory Act to the German Civil Code (EGBGB) and in compliance with Paragraph 312g, Section 1, Point 1 of the German Civil Code (BGB) in connection with Article 246(3) of the same.

Timely submission of withdrawal notice or goods is sufficient for compliance with the withdrawal period conditions.

The withdrawal notice must be submitted to:

 

Khun Pon Muay Thai Store e.K.

Andreas Munz

Feuerwehrstr. 3

78224 Singen DE

eMail: info@khunpon.de

 

Consequences of withdrawal:

 

In the case of an effective withdrawal, mutually received goods and services as well as benefits derived (e.g. interest, dividends) must be returned.

If the goods and services, including any benefits (e.g. benefits of use) from use of said goods and services, cannot be wholly returned or only returned in a deteriorated condition, you must provide us with a due compensation. For the deterioration of the product and derived benefits, you must pay compensation only to the extent that usage or deterioration of the product is,

going beyond testing of the properties and operation. Testing of the properties and operation of the product- refers to the testing and evaluation that would be done prior to the purchase of a similar item, as it is possible and common in the shop.

Transportable goods shall be returned at our expense and risk. Non- transportable goods shall be picked up. Obligations with respect to the reimbursement of payments must be fulfilled within 30 days. For the Customer, the period begins from the withdrawal notice or from the time when the goods are sent, and for us, upon receipt of the same.

End of Withdrawal Policy

 

§ 10 Klarna Purchase Orders

(1) Payment by invoice and financing
In cooperation with Klarna AB, Sveavägen 46, 111 34 Stockholm, Sweden, we offer the purchase invoice and hire - purchase as a payment option.
Please note that Klarna invoice and Klarna hire - purchase are available only for consumers and that the payment of each has to be done at Klarna.

(2) Klarna Invoice
 Payment is due within 14 days from date of invoice. The invoice is issued when delivering the goods and sent either by e-mail or together with the goods. The full Terms and Conditions for purchase on account, see here.

(3)  Klarna hire purchase
 By financing service from Klarna You can pay your purchase flexible in monthly instalments of at least 1/24 of the total amount (but not less than 6.95 €). More information about the Klarna hire purchase including the general terms and conditions and the European standard for consumer credit information, see here.

(4) Privacy Notice
 Klarna reviews and evaluates data information and maintains the information on due interest and occasion to exchange data with other companies and Credit reference agencies. Your personal information will be processed in compliance with the applicable data protection regulations and as specified in Klarna Privacy Policy .

 

§ 11 Final Provisions 

(1) The Law of the Federal Republic of Germany applies to the contracts between the Provider and the Customer.

 

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