Terms and Conditions (GTC)
§ 1 General, Scope
The General Terms and Conditions regulate the contractual relationship between KARO-Sportsystems and the natural and legal persons who use the KARO-Sportsystems website or eBay shop (hereinafter referred to as the buyer). The terms and conditions concern the use of the website Karo-systems.de, Karo-Sportsystems.de as well as all subdomains belonging to these domains as well as our eBay offers. Deviating regulations are only valid insofar as they have been agreed in writing between KARO-Sportsystems and the buyer or are expressly named in the terms and conditions.
§ 2 conclusion of contract
(1) Conclusion of a contract for orders in our online shop Karo-systems.de
(a) Our offers on the Internet represent a non-binding invitation to the buyer to order goods from us.
(b) By ordering the desired object of purchase on the Internet, the buyer submits a binding offer to conclude a purchase contract.
(c) KARO-SportSystems is entitled to accept this offer within 3 days by sending an order confirmation. The order confirmation is sent by email. After the unsuccessful expiry of the period specified in sentence 1, the offer is deemed to have been rejected.
§ 3 Payment, Due Date, Default in Payment
(1) The goods are paid for in advance, PayPal and cash on delivery. Payment by cash on delivery is only possible for shipments within Germany. We reserve the right to accept or exclude certain types of payment in individual cases.
(2) When paying in advance, the customer undertakes to pay the purchase price immediately after the conclusion of the contract. When paying by cash on delivery, the customer undertakes to pay the purchase price upon delivery of the goods. When paying on account, the customer undertakes to pay the invoice amount within 14 days of receipt of the goods. When paying by direct debit, the debit will be made within one week of the conclusion of the contract. When paying by credit card, the debit takes place after the goods have been dispatched.
(3) If the customer is in default of payment, he is responsible for any negligence in the meantime. He is also liable for coincidence because of the service, unless the damage would have occurred even if the service was performed on time.
(4) Interest is to be paid on the purchase price during the delay. The default interest rate for the year is five percentage points above the base rate. For legal transactions in which a consumer is not involved, the interest rate is eight percentage points above the base rate.
(5) The assertion of further damage is not excluded.
§ 4 delivery
(1) The delivery takes place by sending the object of purchase to the address given by the buyer. If delivery against prepayment has been agreed, the delivery period is generally 14 working days after receipt of the purchase price. Otherwise, the delivery time is generally 14 working days after acceptance of the eBay offer or exercise of the buy-it-now option by the buyer or after the order confirmation has been sent. This information is not binding, unless otherwise agreed.
(2) The delivery takes place against the specified packaging and shipping costs. For deliveries abroad, unless otherwise specified, the price for packaging and shipping is calculated separately based on weight. If the buyer wishes a special type of shipment that incurs higher costs, he must also bear these additional costs.
(3) If the buyer acquires the object of purchase for his commercial or professional activity, the risk of accidental loss and accidental deterioration of the object of purchase is transferred to him as soon as KARO-SportSystems provides the object of purchase to the forwarding agent, the carrier or someone else who is responsible for carrying out the shipment Extradited person or institution.
§ 5 retention of title
The object of purchase remains the property of Karo-Systems until it has been paid for in full. Prior to the transfer of ownership, pledging, assignment by way of security, processing or redesign is not permitted without the express consent of KARO-SportSystems.
§ 6 prices
(1) The specified price for the object of purchase is the final price plus any applicable VAT and other price components. The price does not include delivery and shipping costs.
(2) When the Karo-systems.de website is updated, all previous prices and other information about the object of purchase become invalid. Prices quoted in the context of eBay offers are excluded from this.
(3) The price at the time of the submission of the offer by the buyer is decisive for invoicing, unless it is an offer on eBay.
§ 7 withdrawal
(1) KARO-SportSystems is entitled to withdraw from the contract with regard to a part of the delivery or service that is still open if incorrect information has been given about the creditworthiness of the buyer or if there are objective reasons for the buyer‘s insolvency, e.g. the opening of insolvency proceedings on the assets of the buyer or the rejection of such a procedure due to a lack of cost-covering assets. Before withdrawing from the contract, the buyer is given the opportunity to make an advance payment or to provide suitable security.
(2) Without prejudice to any claims for damages, in the event of partial withdrawal, partial services already provided must be invoiced and paid for in accordance with the contract.
§ 8 Warranty
(1) KARO-SportSystems guarantees that the object of purchase is free of defects upon delivery. If the purpose of the purchase cannot be attributed to the commercial or independent professional activity of the buyer and a material defect becomes apparent within six months of the delivery of the object of purchase, it is assumed that the object of purchase was already defective at the time of delivery, unless this Presumption is incompatible with the nature of the object of purchase or the defect. If the material defect only becomes apparent after six months have elapsed, the buyer must prove that the material defect already existed when the object of purchase was handed over.
(2) If the object of purchase is defective upon handover, the buyer has the right, as supplementary performance, to request either the removal of the defect or the delivery of a defect-free object of purchase. KARO-SportSystems reserves the right to refuse the type of supplementary performance chosen by the buyer if it is impossible or only possible at disproportionate costs. In this case, the buyer‘s claim is limited to the other type of supplementary performance; the right to refuse this under the conditions of sentence 1 remains unaffected.
(3) If the purchase is a commercial transaction for both parties, the buyer must examine the purchase item immediately after delivery, provided that this is feasible in the ordinary course of business. If a defect becomes apparent, the buyer must notify KARO-SportSystems of this immediately. If he fails to notify us, the object of purchase is deemed to have been approved, unless it is a matter of a defect that was not recognizable during the examination. If such a defect appears later, the report must be made immediately after it is discovered; otherwise the object of purchase is deemed to have been approved even with regard to this defect. These provisions do not apply if the defect was fraudulently concealed. Timely dispatch of the notification is sufficient to preserve the buyer‘s rights.
(4) If KARO-SportSystems delivers a defect-free purchase item for the purpose of supplementary performance, KARO-SportSystems can request the buyer to return the defective purchase item.
(5) Claims of the buyer due to defects expire after two years. In the case of the sale of used items or if the purpose of the purchase can be attributed to the commercial or independent professional activity of the buyer, claims due to defects become statute-barred after one year.
(6) Damage caused by improper or non-contractual measures taken by the buyer during installation, connection, operation or storage do not justify a claim against KARO-SportSystems. The inappropriateness and lack of conformity are determined in particular according to the information provided by the manufacturer of the goods supplied.
§ 9 transport damage
Goods with obvious damage to the packaging or the contents that are delivered to the buyer must be reported to the carrier / freight service. Your acceptance is to be refused. In addition, you must contact us immediately by email, fax or post. This is not associated with a shortening of the statutory limitation periods.
§ 10 Limitation of Liability
(1) KARO-SportSystems is only liable for damage other than injury to life, body and health insofar as this damage is based on willful or grossly negligent action or on culpable breach of an essential contractual obligation by KARO-SportSystems or its vicarious agents. Any further liability for damages is excluded. Claims from a guarantee given by KARO-SportSystems for the quality of the object of purchase and the product liability law remain unaffected.
(2) According to the current state of the art, data communication via the Internet cannot be guaranteed to be error-free and / or available at all times. We are therefore not liable for the constant availability of our internet shop.
§ 11 data protection
All personal data required to carry out the order are stored in machine-readable form and treated confidentially. The data required for processing an order, such as name and address, will be passed on to the companies commissioned with the delivery of the purchase item as part of the delivery.
§ 12 place of jurisdiction
All disputes arising from this legal relationship are subject to the law of the Federal Republic of Germany. The validity of UN purchasing law is excluded. If the contracting parties are merchants, the court at the place of business of KARO-SportSystems is responsible, unless an exclusive place of jurisdiction is justified for the dispute. The same place of jurisdiction applies if the buyer does not have a general place of jurisdiction in Germany.
§ 13 Severability Clause
Should any provision of these terms and conditions be or become invalid or unenforceable, this shall not affect the remaining provisions of these terms and conditions.
KARO-SportSystems | Thomas Kaufhold, Mark Rosenthal GbR | Fon: +49 – (0) 2761 9434 138 | E-mail: info@karo-sportSystems.de
Right of withdrawal
The following right of withdrawal does not apply if the purchase item you have ordered is to be used for your own commercial or independent professional activity.
Revocation instruction according to § 355 Abs. 2 BGB
Right of withdrawal
You can revoke your contract declaration within one month without giving reasons in writing (e.g. letter, fax, e-mail) or – if the item is left to you before the deadline expires – by returning the item. The period begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient (in the case of recurring delivery of similar goods, not before receipt of the first partial delivery) and also not before fulfillment of our information obligations according to § 312c Paragraph 2 BGB in connection with § 1 Para. 1, 2 and 4 BGB-InfoV as well as our obligations according to § 312e Para. 1 Clause 1 BGB in connection with § 3 BGB-InfoV. Timely dispatch of the cancellation or the item is sufficient to meet the cancellation deadline. The revocation must be sent to:
Thomas Kaufhold, Mark Rosenthal GbR
Consequences of cancellation
In the event of an effective cancellation, the mutually received services are to be returned and any benefits (e.g. interest) surrendered. If you cannot return the received service in whole or in part, or if you can only return it in a deteriorated condition, you may have to compensate us for the value. This does not apply to the surrender of items if the deterioration of the item is solely due to its inspection – as it would have been possible for you in a shop, for example. You do not have to pay any compensation for a deterioration caused by the intended use of the item.
Transportable items are to be returned at our risk. You have to bear the costs of the return if the goods delivered correspond to the goods ordered and if the price of the goods to be returned does not exceed an amount of 40 euros or if you have not yet received the consideration or a contractual agreement if the price of the goods is higher at the time of cancellation have made the agreed partial payment. Otherwise, the return is free for you. Items that cannot be sent as a parcel will be picked up from you. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you when you send your declaration of cancellation or the goods, for us with their receipt.
Unless otherwise specified, the right of withdrawal does not apply to contracts
1. for the delivery of goods that are manufactured according to customer specifications or that are clearly tailored to personal needs or that are not suitable for a return due to their nature or that can spoil quickly or whose expiry date has been exceeded,
2. for the delivery of audio or video recordings or software, provided that the delivered data carriers have been unsealed by the consumer.
End of revocation