General terms and conditions for purchases in the Joachim Kaeser online shop

§ 1 General, scope of the General Terms and Conditions

1.1 All deliveries and services are provided exclusively on the basis of the following General Terms and Conditions (hereinafter "GTC") in the version valid at the time of the order.

1.2 The purchase contract is concluded with Factor7 AG, Mühlegasse 18 CH-6340 Baar, VAT ID No.: CHE-107.939.657, represented by the Board of Directors (hereinafter referred to as “Seller”).

1.3 Our online shop is aimed exclusively at consumers (hereinafter referred to as "customer"). Consumers within the meaning of the terms and conditions are natural persons who conclude contracts for a purpose that cannot be predominantly attributed to their commercial or professional activity.

§ 2 Conclusion of contract, formation of the contract

2.1 The offers and article presentations do not constitute a binding offer. Only your order is a binding offer according to Section 145 of the German Civil Code (BGB), which we can accept. After sending the order, we will first send you an order confirmation by email. If we accept your order, you will receive an order confirmation by email immediately after receipt of your order, which concludes the contract.

2.2 When you have found the product you want, you can take a closer look at it without obligation by clicking on the product name or product image. You can put the item in the shopping cart by clicking on the [Add to cart] button. You can view the contents of the shopping cart at any time without obligation by clicking on the [Shopping cart] button. You can remove or change the products from the shopping cart by clicking on the [Change] and [Delete] graphics. If you want to buy the products in the shopping cart, click on the [Checkout] button on the “Shopping cart ” page.

2.3. During the further ordering process, you set up a customer account with us for your first purchase and select the shipping and payment method. In the last step, under "Order information", you will receive an overview of your order data and can check all details again and delete or change them if necessary. You can also correct input errors by navigating backwards in the browser or canceling the ordering process and starting again from the beginning. To complete the purchase, you must accept our general terms and conditions and click on the [Buy] button. This sends the order to us.

§ 3 Storage of the contract text

We save your order, the order data you entered and the entire contract text. We will send you an order receipt and order confirmation by email with all order data and the entire contract text.

§ 4 Right of withdrawal for consumers

The following right of withdrawal only applies to consumers in distance selling:

1. Cancellation policy

Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.

The cancellation period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the goods.

To exercise your right of withdrawal, you must inform us (Factor7 AG, Mühlegasse 18 CH-6340 Baar, email: info@joachim-kaeser.de) by means of a clear statement (e.g. a letter sent by post or email) of your decision to withdraw from this contract.

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.

Consequences of revocation:
If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choosing a different type of delivery than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us that you have cancelled this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period. You will bear the direct cost of returning the goods.

You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.

2. Exclusion of the right of withdrawal

The right of withdrawal does not apply to the following contracts:

• Contracts for the supply of goods which are not prefabricated and for whose production an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,
• Contracts for the supply of goods which are liable to spoil quickly or whose expiry date would be quickly exceeded,
• Contracts for the supply of sealed goods which, for reasons of health protection or hygiene, are not suitable for return if their seal has been removed after delivery,
• Contracts for the delivery of goods if, after delivery, they have been inseparably mixed with other goods due to their nature

§ 5 Model revocation

If you want to cancel the contract, we need the following data from you in full. Then send your cancellation to us: Factor7 AG, Mühlegasse 18 CH-6340 Baar, E-Mail: info@joachim-kaeser.de

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)

Ordered on (*)/received on (*)
Name of consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only if notification is on paper)
Date

Return address:

Factor7 AG, Industriestrasse 18, 63834 Sulzbach am Main

§ 6 Prices and shipping costs

All prices include VAT plus shipping costs. We deliver with [DPD, UPS, etc.] or another provider of our choice. The shipping costs are EUR 6.90 per delivery to Germany and EUR 6.90 per delivery to Austria and Italy. Free shipping for orders over EUR 70 only applies to Germany, Austria and Italy.

Currently NO delivery to Switzerland possible!

§ 7 Delivery conditions

7.1 We only deliver within Germany, Austria, Switzerland and Italy.

7.2 The goods will be delivered within 8 working days, unless otherwise stated in the offer.

7.3. If goods are delivered with obvious transport damage, please complain about such damage directly to the deliverer if possible and contact us immediately. Failure to complain or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, you are helping us to assert our own claims against the freight carrier or transport insurance.

§ 8 Terms of payment

8.1 Payment can be made by credit card (VISA, Mastercard, American Express, Unionpay), by ELO, by Sofort by Klarna, iDEAL or Bancontact.
We reserve the right to exclude individual payment methods.

8.2 We retain title to the purchased item until the invoice amount has been paid in full.

§ 9 Warranty

Unless expressly agreed otherwise below, the statutory liability for defects applies. For used goods, the following applies: if the defect occurs after one year from delivery of the goods, claims for defects are excluded. Defects that occur within one year from delivery of the goods can be asserted within the statutory limitation period of two years from delivery of the goods. The above restrictions and shortening of time limits do not apply to claims based on damage caused by us, our legal representatives or vicarious agents.

§ 10 Liability

We are liable without limitation for intent and gross negligence and in accordance with the provisions of the Product Liability Act. In the case of slight negligence, we are liable for injuries to life, body and health of persons.

In other cases, we are only liable for minor negligence in the event of a breach of essential contractual obligations. Essential contractual obligations are those whose fulfillment enables the proper execution of the contract and on whose compliance the contractual partner relies. Liability for a breach of such an essential contractual obligation is limited to the damage typical of the contract, the occurrence of which could have been expected at the time of conclusion of the contract based on the circumstances known at that time. This limitation of liability also applies to our vicarious agents. In all other respects, claims for damages are excluded.

§ 11 Customer Service

If you have any questions, complaints or claims, please contact us. You can reach us by email at info@joachim-kaeser.de .

§ 12 Miscellaneous

12.1 The contract language is German.

12.2 The European Commission provides a platform for online dispute resolution (ODR). This can be accessed via the following internet address: https://ec.europa.eu/consumers/odr/. We are not willing or obliged to participate in a dispute resolution procedure of the consumer arbitration boards.

12.3 If one or more provisions of these General Terms and Conditions are invalid, the remainder of the contract shall remain valid. To the extent that the provisions are invalid, the content of the contract shall be governed by the statutory provisions.