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General Terms and Conditions, Business Conditions,

Terms of Service

§1 General scope of application

1. The following general terms and conditions apply to all business relations between the seller and the buyer (customer). The valid version is valid at the time of conclusion of the contract (order).

2. Consumers within the meaning of these terms and conditions are natural persons with whom a business relationship is entered into without which a commercial or independent professional activity can be granted to the latter. Entrepreneurs in the sense of self-employment are natural and legal persons or legal partnerships with which business relations are entered and which are engaged in the pursuit of a commercial or independent professional activity.

Customers within the meaning of these terms of business are both consumers and entrepreneurs.

3. Deviating, opposing or supplementary General Terms and Conditions of Business shall not be a contractual component, even if they are known, unless their validity is expressly agreed in writing.

 

§ 2 Contract conclusion

The presentation of the products in the online shop is not a legally binding offer, but a non-binding request to the customer to make an offer to conclude a purchase contract. By clicking on the "Buy Now" button, by e-mail, telephone, fax or other means of communication, the customer makes a binding offer to conclude a purchase contract (order) for the goods contained in the shopping cart.

The confirmation of the receipt of the order by e-mail takes place immediately after sending the order, but does not constitute acceptance of the offer (order). The purchase contract comes about with the confirmation email and the delivery of the goods.

1. The offers of the seller are non-binding. Technical and other changes remain within the reasonable limits.

2. With the order, the customer bindingly declares his contract offer. The seller will immediately confirm receipt of the customer's order by e-mail. The confirmation of receipt does not constitute a binding acceptance of the order. However, the confirmation of receipt may be combined with a declaration of acceptance.

3. The seller is entitled to accept the contract offer in the order within three days after receipt by the seller. The seller is also entitled to refuse to accept the order after checking the creditworthiness of the customer. The seller is entitled to reduce the order to a customary amount.

4. The conclusion of the contract is subject to the proviso, in the case of incorrect or improper self-supply, not or only partially. In case of unavailability or partial availability of the service, the customer will be informed immediately. The consideration, if already paid, will be refunded.

5. The contract text is stored by the seller and will be sent to the customer along with the legally valid terms and conditions by e-mail after conclusion of the contract.

 

§ 2a delivery and shipping


The seller is entitled to partial deliveries and partial invoices, if this is reasonable for the customer. If additional transport costs arise from the partial delivery, this is borne by the seller. Unless otherwise agreed, the delivery will be made to the delivery address specified by the customer, which may also differ from the billing address.

If the total purchase price of each order of the customer 51, - EUR or more, the seller delivers free shipping to Germany.
If the aforementioned amount is 150, - EUR or more, the seller delivers free of charge to Europe. All deliveries are insured as a parcel in a cardboard box. The price of the postage is calculated by weight. With the cheapest shipping price, in a delivery up to 2 kg, the seller calculates the shipping costs as follows:

Germany up to 2kg                     5.50 €
Austria up to 2kg                      14,00 €
EU up to 2kg                             14,00 €
Switzerland up to 2 kg             15,00 €
Russia up to 2 kg                      17,00 €
Rest of the world up to 2 kg   39.95 €

The respective daily shipping prices, which have been calculated according to the weight for each individual order, are displayed in the shopping cart. The seller has no influence on delivery times abroad.

 

§ 2b Customs and import duties


Customs or import fees are charged to the customer; the seller has no influence on these fees and can not predict their amount. If a certificate of origin is required for the shipment of goods, which the customer must notify the seller immediately, the delivery may be delayed by 6-8 weeks. Customs forms for non-EU packages list the value of items included in the delivery by product type. If the order is a gift (the consignment must have a German sender / donor, not the seller's address, the package will be marked 'Gift', but the prices / value will still be in the Customs form expelled.

 

§ 3 Reservation of ownership of online shopping contracts

1. As a rule, ownership of the seller's goods is immediately transferred to the buyer, since the delivery is usually only made in advance. The following regulations shall apply to exceptional cases in which payment is received prior to payment.

2. In the case of consumers, the seller reserves the right to ownership of the goods until payment is complete. In the case of an undertaking, the seller reserves the right to ownership of all claims arising from a current business relationship.

3. Until the transfer of the property to the buyer, the customer is obliged to treat the goods with care. If maintenance and inspection work is required, the customer has to carry it out regularly at his own expense.

4. Until the transfer of the property to the buyer, the customer is obligated to notify the seller immediately of any third party's access to the goods, eg in case of a pledge, as well as any damage or the destruction of the goods. The customer must notify the seller immediately of any change in ownership of the goods as well as his / her own place of residence.

5. The seller is entitled to withdraw from the contract if the customer is in breach of contract, in particular in the case of a delay in payment or in the case of a breach of an obligation pursuant to clauses 3 and 4, and to demand the goods.

6. The entrepreneur is entitled to resell the goods in the ordinary course of business. He already assigns the claim to the seller in the amount of the invoice amount, which is due to him by the resale against a third party. The seller accepts the assignment. After the assignment the entrepreneur is entitled to collect the claim. The Seller reserves the right to collect the claim itself as soon as the Contractor fails to meet his payment obligations and is in default of payment.

7. The handling and processing of the goods by the contractor is always carried out in the name and on behalf of the seller. If processing is carried out with items not belonging to the seller, the seller acquires co-ownership of the new item in proportion to the value of the goods delivered by the seller, to the other processed items. The same applies if the goods are mixed with other items not belonging to the seller.

 

§ 4 Revocation instruction

1. Right of revocation

If the customer is a consumer, he can revoke his contract declaration (order) within one month without stating reasons in text form (letter, fax, e-mail) or by returning the goods.

The deadline begins at the earliest on the day after the goods have been received by the customer and the customer has received a written notice of revocation in text form. The timely dispatch of the revocation or the goods is sufficient to meet the deadline.

In case of possible withdrawal, please contact:

 

Knobelholz.de GmbH;

Brandeburger Str. 39; D-15754 Heidesee;

Fax +49 33767 81990

e MAil : This email address is being protected from spambots. You need JavaScript enabled to view it.

 

The right of revocation does not apply:

In the case of contracts for the delivery of goods made according to customer specifications. For goods which are clearly tailored to the personal needs of the customer. For goods which are not suitable for return due to their nature.

 

2. Revocation

In the case of an effective revocation, the services already received must be returned and any benefits (eg interest) drawn. If the customer is not able to recover the received performance, not wholly or only partially, or in a deteriorated state, he has to do so in the future. This shall not apply to the transfer of goods if the deterioration (or the destruction) of the goods is attributable solely to their examination - as would possibly have been possible in a store business - or the deterioration of the goods has resulted from the intended ingestion.

Parcel dispatched items are to be returned, with the risk of shipment being borne by the buyer. The customer bears the cost of the return if the delivered goods correspond to the order ordered and if the price of the returned goods does not exceed 50, - or if the customer at a higher price of the goods at the time of the revocation not yet the consideration or a Contractually agreed partial payment. Otherwise, the return for the customer is free of charge. If only a part of the order has been revoked, then the entry costs will be reimbursed on a pro rata basis. Goods that can not be sent by parcel are picked up at the customer's premises or ordered by a forwarding agent at the expense of the seller.

 

§ 5 Remuneration

1. The price offered is binding. The statutory value-added tax is included in the price for consumers and can be indicated separately at the customer's request insofar as the goods are not subject to the differential taxation pursuant to §25a para. 2 UStG or as far as not for other reasons. In the case of commission transactions - a separate document is excluded.

For entrepreneurs, the prices are net and apply plus the statutory value added tax. By submitting the sales tax identification number of a company established in the EU, the delivery and invoicing is effected without the calculation of the legal value added tax. In the case of other deliveries to the Community territory, the value-added tax, which is valid at the time of delivery, is calculated and reported.

In the case of dispatch sales, the selling price plus the shipping costs, which if not stated differently in the offer or otherwise requested by the customer currently amounts to 6.90, - for an insured package.

The customer does not incur any additional costs for the use of the remote communication equipment. The customer can make the price by cash on delivery, invoice (only with prior special written agreement), Paypal or prepayment. The seller is free to exclude one or more forms of payment.

2. The customer is obligated to pay the purchase price on invoice, after receipt of the service within 7 days the amount plus the shipping costs. After this period the customer is in default of payment

During the period of delay, the consumer shall bear interest on the interest rate of 8% above the base rate. The vendor reserves the right to prove and assert a higher arrears.

3. The customer has a right to offset only if his counterclaims have been legally established and recognized by the seller. The customer can only exercise a right of retention if his counterclaim is based on the same contractual relationship.

 

§ 6 Reimbursement of the purchase price upon return

1. Immediately, but at the latest within two working days after the goods have been returned, the seller will reimburse the purchase price paid and any costs incurred for returning the goods. For this purpose the customer has to announce his account binding in due time, at the latest with the return.

2. A claim for reimbursement of the entire purchase price does not exist if the value of the goods by use, which exceeds the usual examination of the goods, as would be possible for the customer also in a shop business, by damage of the goods or their packaging or Due to other circumstances for which the customer is responsible. In this case, the seller will make an appropriate deduction for the impairment in the individual case. If the value reduction of the purchased item is so substantial that the seller is not resale of the goods or is only possible with unacceptable losses, a return of the purchased item is fundamentally excluded.

 

§ 7 Transfer of risk

1. In the case of consumers, the risk of accidental loss and accidental deterioration of the goods sold also passes to the consumer when the goods are dispatched.

2. In the case of contractors, the risk of accidental loss and accidental deterioration of the goods shall be transferred to the contractor in the case of the transfer of goods, the delivery of the goods to the freight forwarder, the freight forwarder or the person or institution otherwise intended to carry out the dispatch.

3. When downloading and sending data via the Internet, the risk of the loss and alteration of the data passes to the customer when the network interface is exceeded.

4. The transfer shall be deemed to be the same if the customer is in default of acceptance.

 

§ 8 Warranty

1. Consumers have the choice of whether the supplementary performance is to be carried out by means of subsequent improvement or replacement delivery. The seller is entitled to refuse the type of supplementary performance selected if it is only possible with disproportionate costs and the other type of supplementary performance remains without significant disadvantages for the consumer.

In the event of a defect, the Seller shall, at our option, repair or replace the goods.

2. If the rectification fails, the customer can, at his option, demand a reduction of the compensation (reduction), cancellation of the contract (withdrawal) or compensation in lieu of performance. If the customer chooses compensation instead of the performance, then the liability limitations according to § 9 number 1 and 2 apply. In the case of minor defects the customer is not entitled to withdraw.

3. Entrepreneurs shall notify the Seller of obvious defects within a period of one week from receipt of the goods in writing, otherwise the assertion of the warranty claim shall be excluded. In order to meet the deadline, it is sufficient to send the advertisement in good time. The entrepreneur shall bear the full burden of proof for all claims, in particular for the defect itself, the date of the discovery of the defect and the timeliness of the complaint.

4. The warranty period for consumers is two years from the delivery of the goods. The guarantee period for entrepreneurs is one year from delivery of the goods. For used items, the warranty period is one year from delivery of the goods.

 

§ 9 Limitation of liability and exemption

1. In the case of slightly negligent breaches of duty, the Seller's liability is limited to the foreseeable, contract-typical, direct average damage. This also applies to slightly negligent breach of duty by the legal representatives or vicarious agents of the seller.

We shall not be liable to the Company for minor breach of non-essential contractual obligations.

2. The above limitations on liability do not affect the customer's claims arising from product liability.

3. If the seller allows access to other websites with links, the seller is not responsible for the content contained therein. The seller does not adopt the foreign content as its own. If the seller is aware of illegal content on the external websites, the seller will immediately block access to these pages.

4. The customer releases the seller from all the disadvantages which may arise to the seller by third parties due to the injurious actions of the customer - whether deliberate or negligent.

 

§ 10 Data Protection

To the complete privacy policy

1. The customer is aware of the nature, scope, location and purpose of the collection, processing and use of the personal data necessary for the execution of orders as well as his right of revocation to use his anonymous usage profile for purposes of advertising, market research and the appropriate design of the service In detail. The seller assures that the personal data will be used only for the purposes of the execution of the transactions underlying these general terms and conditions. The seller reserves the right to contact the seller in the course of the transaction in the case of product developments that are of interest to the customer. The seller excludes any data transfer to third parties.

2. The customer expressly agrees to the collection, processing and use of personal data. He is entitled to revoke the consent at any time with effect for the future.

 

§ 11 Force Majeure

1. In the event that the seller can not provide the due performance due to force majeure (especially war, natural catastrophe), the seller is exempt from the obligation to perform for the duration of the hindrance. If the seller is unable to execute the order or delivery of the goods for more than one month due to force majeure, the customer is entitled to withdraw from the contract.

The customer is not entitled to any other rights in this context.

 

§ 12 Final provisions

1. The law of the Federal Republic of Germany shall apply. In the case of consumers who do not have the right to do so, this is the only way in which they are protected.
The determination of the UN purchase right does not apply.

2. If the customer is a merchant, a legal person of public law or a public special fund, exclusive jurisdiction for any dispute arising out of this contract is the place of business of the seller. This shall be the case if the customer is not in possession of the goods.

Should any provision of the contract be deemed to be in accordance with the terms of the contract, The wholly or partly ineffective regulation is to be replaced by a regulation whose economic success comes as close as possible to the ineffective.

 

§ 12a Applicable law, jurisdiction and binding language version

German law applies to the exclusion of the UN purchase law.
If the purchaser is a registered trader, the place of jurisdiction for all claims in connection with the business relationship is the seat of Holz-Leute. Holz-Leute is also entitled to sue at the general place of jurisdiction of the customer.

If the customer relocates his domicile or his habitual residence from the scope of the Federal Republic of Germany after the conclusion of the contract, the place of jurisdiction for all disputes arising from this agreement is the seat of Holz-Leute. The same applies if the customer has his domicile or habitual residence abroad.

The wording of the contract and these conditions in German language is authoritative.

 

Knobelholz.de GmbH

Gerichtsstand Cottbus

Stand 01.10.2018

 

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