General Terms And Conditions

General Terms and Conditions for the Online Shop www.konstantinslawinski.com

1. Scope

(1)
The following General Terms and Conditions shall apply to all offers, purchase contracts, deliveries and services due to purchase orders of our customers (hereinafter referred to as “Customers”) using our online shop www.konstantinslawsinski.com (hereinafter referred to as “Online shop”).

(2)
The range of products on our Online shop is geared towards consumers and entrepreneurs alike, but only towards end Customers. For the purposes of these General Terms and Conditions, a “Consumer” shall be each natural person who concludes a contract for a purpose that can neither be attributed to such person’s commercial nor self-employed professional activity (§ 13 BGB [German Civil Code]) and an “Entrepreneur” shall be a natural or legal person or a partnership having legal capacity acting in exercise of their commercial or self-employed professional activity (§ 14 para. 1 BGB).

(3)
Terms and conditions of the Customer shall not apply unless we expressly consent to their application.
2. Conclusion of the Contract

(1)
Our offers on the Online shop are without commitment.

(2)
By placing an order on our Online shop, the Customer submits a binding offer to purchase the product in question. We may accept the offer until the end of the third working day following the offer.

(3)
We will immediately send a confirmation of the receipt of the offer to the Customer after receipt of the offer, usually by e-mail (order confirmation). However, this shall not constitute the acceptance of the order. This automatic confirmation of receipt shall only document that we have received the order of the Customer. The offer shall only be deemed accepted by us when we declare the acceptance vis-à-vis the Customer (by e-mail) or ship the goods. The purchase contract shall only take effect upon such acceptance.
3. Consumer’s Right of Revocation

(1)
If the Customer is a Consumer and if the Customer has concluded a contract with us exclusively using means of distance communication, including but not limited to phone, e-mail or fax, or using our website, the Customer shall be entitled to the right of revocation described below.

(2)
This right of revocation shall only exist for Consumers. Entrepreneurs shall be excluded from this right of revocation.

(3)
The following instruction on the right of revocation shall apply to Consumers:
Instruction on the Right of Revocation

You may revoke your contractual declaration within 100 days without stating reasons in writing (e.g. letter, fax, e-mail) or by returning the item if the item has been let to you prior to expiry of the period. The period shall start after receipt of this instruction in writing but not prior to receipt of the goods by the recipient (in the case of recurrent deliveries of similar goods not prior to receipt of the first partial delivery) and not before we have met our duties to provide information in accordance with art. 246 § 2 in conjunction with § 1 para. 1 and 2 EGBGB [Introductory Act to the German Civil Code] as well as our duties in accordance with § 312 g para. 1 sentence 1 BGB in conjunction with art. 246 § 3 EGBGB. The timely sending of the revocation or the posting shall suffice in order to adhere to the revocation period.

The notice of revocation is to be addressed to:
Konstantin Slawinski housewarming objects Slawinski & Co. GmbH, Industriestraße 11, 57076 Siegen
E-mail: widerruf@konstantinslawinski.com

The goods are to be returned to the following address:
Konstantin Slawinski housewarming objects Slawinski & Co. GmbH, Industriestraße 11, 57076 Siegen
Effects of the Revocation

In the case of an effective revocation, the mutually received performance is to be returned and any emoluments possibly taken are to be surrendered. If you cannot return and/or surrender the performance received or emoluments taken (e.g. use and enjoyment) at all or only in a deteriorated condition, you have to compensate us for the lost value. For the deterioration of the item and for the emoluments taken, you only have to pay compensation for the lost value to the extent that the emoluments or the deterioration is/are attributable to the item being treated in a way which exceeds the examination of the characteristics and functionality. “Examination of the characteristics and functionality” shall be understood as testing and trying out the respective goods in a manner which is possible and customary for example in a retail shop. Items which can be sent as a package are to be returned at our risk. You have to bear the costs of the return consignment if the goods supplied correspond to the ordered goods and if the price of the item to be returned does not exceed an amount of EUR 40.00 or if you have not yet paid the consideration or effected a contractually agreed partial payment at the time of the revocation in the case of a higher price of the item. Otherwise, the return consignment shall be free of charge for you. Items which cannot be sent as package will be collected at your premises. Obligations to reimburse payments have to be fulfilled within 30 days. For you, the period shall start upon sending your declaration of revocation or the item, for us upon its receipt.
4. Prices and Payment

(1)
Our prices include the legal VAT but do not include the shipping costs.

(2)
Unless otherwise expressly agreed, the Customer may pay the articles by credit card, Sofortüberweisung or Paypal.

(3)
In the case of payment by credit card, the Customer expressly authorises us to collect the amounts due after shipping of the delivery of goods (or the first partial delivery, if applicable).

(4)
The Customer shall not be entitled to a right to offset or a right of retention unless the counterclaim is uncontested or has been legally bindingly ascertained.
5. Shipment of the Goods

(1)
Any periods and dates stated by us for the shipment of the goods shall always only be approximate estimates. This shall not apply if a fixed shipping date has been agreed. In that case, exclusively the day of handover of the goods by us to the transport company shall be authoritative for the adherence to the shipping date.

(2)
We shall also be entitled to sell off goods at any time even to the extent that the order form states that the goods are “in stock” if the order form points to the limited availability of such goods. In these cases, the shipment shall only take place within the agreed periods or the periods stated by us while stocks last.

(3)
If the goods cannot be delivered at all or cannot be delivered in good time, we will immediately notify the Customer thereof. If the goods are not available at our suppliers’ within the foreseeable future, we shall be entitled to rescind the purchase contract. In the case of a rescission, we will immediately reimburse the payments made by the Customer to us. The legal rights of the Customer due to a default of delivery shall not be affected by the regulations above; in this respect, the Customer may only claim damages in accordance with the special regulations under clause 9 of these General Terms and Conditions.

(4)
We shall be entitled to effect partial deliveries of products that are included in one order and can be separately used; in this respect, we shall bear the additional shipping costs caused by that.
6. Shipping, Insurance and Transfer of the Risk

(1)
Unless expressly otherwise agreed, we will determine the appropriate shipping mode and the transport company at our due discretion.

(2)
We shall only owe the timely proper delivery to the transport company and shall not be responsible for any delays caused by the transport company. Therefore, any shipping time stated by us shall be without commitment.

(3)
If the Customer requests insured transport, the Customer must include this in the order by choosing the respective shipping mode. The additional costs caused by this are stated on the order form and must be borne by the Customer.
7. Reservation of Title

(1)
We shall reserve the title to the goods supplied by us until the complete payment of the purchase price (including VAT and shipping costs) for the goods in question.

(2)
Without our previous written consent, the Customer shall not be entitled to resale the goods supplied by us which are still subject to our reservation of title.
8. Warranty

(1)
If the delivered goods show a defect of quality, the Customer may at first request us to remove the defect or to deliver non-defective goods. We may refuse the type of subsequent performance chosen by the Customer if it is only possible at unreasonable cost.

(2)
If the subsequent performance fails or is unreasonable for the Customer or if we refuse the subsequent performance, the Customer shall be entitled, in each case in accordance with the applicable law, to rescind the purchase contract, to reduce the purpose price or to claim damages or compensation for the Customer’s futile expenses. In addition, the claims for damages of the Customer shall be governed by the special provisions of clause 8 of these General Terms and Conditions.

(3)
The period of warranty shall amount to two years starting with the delivery if the Customer is a Consumer. The claims of a Customer who is not a Consumer shall become time-barred one year after delivery of the object of purchase. This excludes claims for damages due to injury to life, body or health and claims for damages due to damage caused in grossly negligent or intentional manner by the seller.

(4)
The following shall only apply vis-à-vis Entrepreneurs: The Customer must immediately examine the goods after sending. The goods supplied shall be deemed to be approved by the Customer if a defect is not notified to us within 5 working days after delivery in the case of obvious defects or alternatively within 5 working days after the defect has been detected.
9. Liability

(1)
Claims for damages of the Customer shall be excluded. An exception in this respect shall be claims for damages of the Customer arising due to an injury to life, body or health or the violation of material contractual duties (cardinal duties) as well as the liability for other damage based on an intentional or grossly negligent violation of duty by us, our legal representatives or assistants.

(2)
Material contractual duties within the meaning of (1) above shall be the liability for the violation of duties the performance of which is necessary in order to facilitate the proper execution of the contract at all and on the compliance with which the Customer may regularly rely.

(3)
The regulations of the product liability law shall remain unaffected.

(4)
The above-mentioned limitations shall apply mutatis mutandis to the legal representatives, assistants and vicarious agents and other employees used by us in order to perform the contract.
10. Data Protection

We observe all relevant legal data protection requirements. We will not forward the personal data of our users to third parties without authorisation. Details are governed in our privacy policy which is available on the website www.konstantinslawinski.com.
11. Applicable Law and Place of Jurisdiction

(1)
The purchase contract concluded between us and the Customer shall be governed by the laws of the Federal Republic of Germany subject to mandatory regulations under private international law under exclusion of the UN Sales Convention.

(2)
If the Customer is a merchant within the meaning of § 1 para. 1 HGB [German Commercial Code], a body corporate organised under public law or a public separate estate, the courts in Siegen shall have exclusive jurisdiction over all disputes under or in connection with the respective contractual relationship. In all other cases, we or the Customer may bring action before any competent court of jurisdiction due to legal regulations.