Terms of Service

§1 General scope

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

2. Consumers within the meaning of these terms and conditions are natural persons with whom a business relationship is entered into without a commercial or independent professional activity being able to do them justice. Entrepreneurs in the sense of self-employed activity are natural and legal persons or partnerships with legal personality, with whom a business relationship is entered into and who act in the exercise of a commercial or independent professional activity.

Customers in the sense of these terms and conditions are both consumers and entrepreneurs.

§ 2 Conclusion of contract

The presentation of the products in the online shop is not a legally binding offer, but a non-binding invitation to the customer to submit an offer to conclude a purchase contract. By clicking the "Buy Now" button, by email, telephone, fax or other communication channels, the customer submits a binding offer to conclude a purchase contract (order) for the goods contained in the shopping cart.

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

2. The order is made in the following steps:
1- Selection of the desired goods
2- Confirm by clicking the "Add to Cart" button
3- Check the information in the shopping cart
4- Activate the "Checkout" button
5- Registration in the internet shop after registration and entering the registration details (e-mail address and password).
6- Check again or correct the data entered.
7- Binding dispatch of the order.

Before submitting the binding order, the consumer can return to the website on which the customer's details are recorded and correct or correct input errors by pressing the "Back" button contained in the internet browser he is using after checking his details Close the Internet browser to cancel the ordering process.

3. Immediately after sending his order, the buyer receives a confirmation email from the seller stating that the seller has received the offer. This "order confirmation" does not yet constitute acceptance of the offer. The offer can only be accepted by the seller by sending the customer a written "dispatch confirmation" or a "dispatch confirmation" in text form (letter or email). The receipt of the "shipping confirmation" by the customer is decisive. The seller can also accept the offer by delivering the ordered goods to the customer. The access of the goods to the customer is decisive here. Furthermore, the seller can accept the offer by requesting payment from the customer, stating the respective order. If the customer has opted for the payment method direct debit, if it is offered, the seller can accept the offer by collecting the total price from the customer's bank account. The time at which the customer's account is debited is decisive. If several of the variants shown are available, the contract is concluded when the first variant occurs.

4. The seller is entitled to accept the contract offer contained in the order within three days of 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 normal household quantity.

5. The conclusion of the contract is subject to the reservation that, in the event of incorrect or improper self-delivery, not or only partially. In the event of non-availability or partial availability of the service, the customer will be informed immediately. The consideration, if already paid, will be refunded.

6. The contract text will be saved by the seller and will be sent to the customer in addition to the legally valid terms and conditions by email after the contract has been concluded.

§ 2a Delivery and shipping

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

If the total purchase price of the individual order of the customer is EUR 51 or more, the seller delivers free of charge to Germany.
If the total purchase price of the customer's individual order is EUR 100 or more, the seller delivers free of charge to Europe.
All deliveries are sent insured as a package, in a cardboard box. The price of postage is calculated by weight. At the cheapest shipping price, in a delivery up to 2 kg, the seller calculates the shipping costs as follows:

Die jeweiligen tasächlichen Versandpreise, welche nach dem Gewicht errechnet worden sind für jede einzelne Bestellung, werden im Warenkorb angezeigt.
Die gekauften Artikel werden innerhalb von 1-2 Werktagen nach Zahlungseingang versendet.

Lieferzeit, innerhalb Deutschlands, beträgt 2-3 Werktage, wenn die Artikelbeschreibung keine anderen Angaben zur Lieferzeit enthält.
Lieferzeit, innerhalb Europas´s , beträgt 3-7 Werktage, wenn die Artikelbeschreibung keine anderen Angaben zur Lieferzeit enthält.
Lieferzeit, außerhalb Europas´s, beträgt 5-30 Werktage, wenn die Artikelbeschreibung keine anderen Angaben zur Lieferzeit enthält.

You can find our complete shipping costs and delivery conditions here: Shipping costs

§ 2b Customs and import duties

Customs or import fees are charged to the customer; the seller has no influence on these fees and cannot predict their amount. If a certificate of origin is required for the dispatch of the goods, which the customer must immediately inform the seller, the delivery can be delayed by 6-8 weeks. In the customs forms for parcels in countries outside the EU, the value of the items contained in the delivery is listed by product type. If the order is a gift (the consignment must have a German sender / donor, not the address of the seller), the package will be labeled 'gift'; the prices / value of the goods will still be in the customs form expelled.

§ 3 Retention of title in online shopping contracts

1. Ownership of the seller's goods is usually transferred to the buyer immediately, as delivery is generally only made against prepayment. The following regulations apply to exceptional cases in which delivery is made before receipt of payment.

2. In the case of consumers, the seller reserves ownership of the goods until full payment has been made. For companies, the seller reserves the ownership of all claims from an ongoing business relationship.

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

4. Until the transfer of ownership to the buyer, the customer is obliged to notify the seller immediately of third-party access to the goods, for example in the event of attachment, as well as any damage or destruction of the goods. The customer must also immediately notify the seller of a change of ownership of the goods as well as a change of residence.

5. The seller is entitled to withdraw from the contract if the customer behaves contrary to the contract, in particular in the event of a delay in payment or in the event of a breach of an obligation under clauses 3 and 4 of this provision, and to demand the return of 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 accrues to him from 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 entrepreneur fails to meet his payment obligations and is in default.

7. The processing and processing of the goods by the entrepreneur is always done in the name and on behalf of the seller. If processing is carried out with objects not belonging to the seller, the seller acquires co-ownership of the new item in relation to the value of the goods delivered by the seller, to the other processed objects. The same applies if the goods are mixed with other things that do not belong to the seller.

§ 4 Right of withdrawal

1. Consumers (for definition see section 1.2 of the business and license conditions) have a right of withdrawal in accordance with the distance selling regulations.

2. Further information on the right of cancellation can be found in the cancellation policy of the provider, which is available at the following link: Right of cancellation

§ 5 Compensation

1. The price offered is binding. The price for consumers includes the statutory sales tax and can be shown separately at the request of the customer, provided that the goods are not subject to differential taxation in accordance with Section 25a (2) UStG or unless otherwise - e.g.. for commission transactions - a separate ID is excluded.

For entrepreneurs, the prices are net and do not include VAT. By submitting the VAT identification number of a company based in the EU, delivery and billing take place without calculation of the statutory VAT. For other deliveries to the EU territory, the sales tax applicable at the time of delivery is calculated and shown.

When shipping, the sales price plus shipping costs is understood, which unless otherwise stated in the offer or otherwise requested by the customer is currently € 4.50 for an insured package, up to 2 kg.

The customer does not incur any further costs when ordering by using the long-distance communication means. The customer can pay 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 payment methods.

2. When purchasing on account, the customer undertakes to pay the amount plus shipping costs within 7 days of receiving the service. After this period the customer is in default of payment

During the delay, the consumer has to pay interest on the debt of 8% above the base rate. The seller reserves the right to demonstrate and assert higher damage caused by delay.

3. The customer has the 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 Dispute settlement procedure

The European Commission provides a platform for online dispute resolution (OS), which you can find under the following link: https://ec.europa.eu/consumers/odr/

In the event of a dispute over a consumer contract, we do not participate in a dispute settlement procedure before a consumer arbitration board. For us there is no obligation to participate.

§ 7 Transfer of risk

1. For consumers, the risk of accidental loss and accidental deterioration of the goods sold also passes to the consumer when the goods are handed over.

2. In the case of entrepreneurs, the risk of accidental loss and accidental deterioration of the goods is transferred to the entrepreneur when the goods are handed over, when the goods are dispatched to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the dispatch.

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

4. The handover is the same if the customer is in default of acceptance.

§ 8 Warranty

1. Consumers have the choice of whether the supplementary performance should take the form of rectification or replacement delivery. The seller is entitled to refuse the type of supplementary performance chosen if it is only possible with disproportionate costs and the other type of supplementary performance remains without significant disadvantages for the consumer.

In the case of companies, the seller initially provides a guarantee for defects in the goods by rectification or replacement delivery.

2. If the rectification fails, the customer can in principle choose between a reduction in the remuneration (reduction), cancellation of the contract (withdrawal) or compensation instead of performance. If the customer chooses compensation instead of the service, the liability restrictions according to § 9 numbers 1 and 2 apply. However, the customer is not entitled to withdraw from the contract if there are only minor defects.

3. Entrepreneurs must notify the seller of obvious defects in writing within a period of one week from receipt of the goods, otherwise the assertion of warranty claims is excluded. To meet the deadline, it is sufficient to send the notification in good time. The entrepreneur bears the full burden of proof for all requirements for claims, in particular for the defect itself, for the time at which the defect was found and for the timely notification of the defect.

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

§ 9 Limitation of liability and exemption

1. In the event of slightly negligent breaches of duty, the seller's liability is limited to the foreseeable, typical, direct average damage. This also applies to a slightly negligent breach of duty by the legal representative or vicarious agent of the seller. We are not liable to the company for slightly negligent breach of insignificant contractual obligations.

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

3. If the seller provides access to other websites with links, the seller is not responsible for the content contained therein. The seller does not adopt the third-party content. If the seller becomes 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 disadvantages that the seller may suffer from third parties due to damaging actions of the customer - regardless of whether intentional or negligent.

§ 10 Privacy

To the complete data protection declaration

1. The customer is informed about the type, scope, location and purpose of the collection, processing and use of the personal data required for the execution of orders as well as about his right of withdrawal for the use of his anonymized profile for the purposes of advertising, market research and the needs-based design of the Service has been taught in detail. The seller assures that the personal data will only be used for purposes that serve to process the business on which these general terms and conditions are based. The seller reserves the right to contact the customer regarding product developments that are of interest to the customer using the data that became known to the seller in the course of the transaction. The seller excludes the transfer of data to third parties.

2. The customer expressly consents to the collection, processing and use of personal data. He has the right to withdraw consent at any time with effect for the future.

§ 11 Force majeure

1. In the event that the seller is unable to provide the service due to force majeure (especially war, natural disasters), the seller is released from the obligation to perform for the duration of the hindrance. If the seller is unable to carry out the order or delivery of the goods for longer than a month due to force majeure, the customer is entitled to withdraw from the contract.

The customer has no other rights in this connection.

§ 12 Final provisions

1. The law of the Federal Republic of Germany applies. For consumers who do not conclude the contract for professional or commercial purposes, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer is habitually resident.

The provision of the United Nations Convention on Contracts for the International Sale of Goods does not apply.

2. 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. The same applies if the customer has no general place of jurisdiction in Germany or if his place of residence or habitual residence is not known at the time the lawsuit is filed.

Should individual provisions of the contract with the customer, including these general terms and conditions, be or become ineffective in whole or in part, this shall not affect the validity of the remaining provisions. The completely or partially ineffective regulation is to be replaced by a regulation whose economic success comes as close as possible to the ineffective one.

§ 12a Applicable law, place of jurisdiction and binding language version

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

If after conclusion of the contract the customer moves his domicile or his usual place of residence from the area of application of the Federal Republic of Germany, the place of jurisdiction for all disputes arising from this agreement is the seat of Holz-People. The same applies if the customer is domiciled or habitually resident abroad.

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

Knobelholz Spielzeug Manufaktur GmbH

Place of jurisdiction is Cottbus

Update 01.04.2021