General Terms and Conditions for purchases in the Joachim Kaeser online shop
§ 1 General, Scope of the Terms and Conditions
1.1 All deliveries and services are provided exclusively on the basis of the following General Terms and Conditions (hereinafter referred to as “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 "Customer"). Consumers within the meaning of these Terms and Conditions are natural persons who enter into 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 product presentations do not constitute a binding offer. Only your order constitutes a binding offer according to Section 145 of the German Civil Code (BGB), which we can accept. After submitting your order, we will first send you an order confirmation by email. Upon acceptance of your order, you will receive an order confirmation by email immediately after receipt of your order, which constitutes the conclusion of the contract.
2.2 Once you have found the product you are looking for, you can view it in more detail without obligation by clicking on the product name or product image. You can add the item to your shopping cart by clicking the [Add to Cart] button. You can view the contents of your shopping cart at any time without obligation by clicking the [Shopping Cart] button. You can remove or edit products from your shopping cart by clicking on the [Change] and [Delete] icons. If you want to purchase the products in your shopping cart, click the [Checkout] button on the "Shopping Cart" page.
2.3. During the further course of the ordering process, you will set up a customer account with us for your first purchase and select the shipping and payment method. In the final step, under "Order Information," you will receive an overview of your order details. You can review all information again and delete or change it if necessary. You can also correct input errors by navigating backward in your browser or canceling the ordering process and starting over. To complete the purchase, you must accept our General Terms and Conditions and click 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 confirmation by email, including all order data and the entire contract text.
§ 4 Right of withdrawal for consumers
The following right of withdrawal applies only 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) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or email).
To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.
Consequences of revocation:
If you cancel this contract, we will refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other 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 of the cancellation of 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 deteriorate 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 supply of goods if, after delivery, they have been inseparably mixed with other goods due to their nature
§ 5 Sample revocation
If you wish to cancel the contract, we require the following information from you in full. Please send your cancellation to us: Factor7 AG, Mühlegasse 18, CH-6340 Baar, Email: 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 the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only if notification is made 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 ship with [DPD, UPS, etc.] or another provider of our choice. 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 applies only to Germany, Austria, and Italy.
Currently NO delivery to Switzerland possible!
§ 7 Delivery conditions
7.1 We only deliver within Germany, Austria and Italy.
7.2 Unless otherwise stated in the offer, the goods will be delivered within 8 working days.
7.3. If goods are delivered with obvious transport damage, please report such damage directly to the carrier if possible and contact us immediately. Failure to file a complaint or contact us will have no consequences for your statutory rights or the enforcement of these, in particular your warranty rights. However, you will be assisting us in asserting our own claims against the carrier or transport insurance.
§ 8 Terms of payment
8.1 Payment can be made by credit card (VISA, Mastercard, American Express, Unionpay), ELO, Sofort by Klarna, iDEAL or Bancontact.
We reserve the right to exclude individual payment methods.
8.2 We reserve title to the purchased item until full payment of the invoice amount.
§ 9 Warranty
Unless expressly agreed otherwise below, the statutory warranty 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 shortened time limits do not apply to claims based on damages caused by us, our legal representatives, or vicarious agents.
§ 10 Liability
We are liable without limitation for intentional misconduct and gross negligence, in accordance with the provisions of the Product Liability Act. In cases of slight negligence, we are liable for injuries to life, body, and health.
In other cases, we are only liable for slight negligence in the event of a breach of essential contractual obligations. Essential contractual obligations are those whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner relies. Liability for breach of such essential contractual obligations is limited to the typical contractual damage that could have been expected at the time the contract was concluded based on the circumstances known at that time. This limitation of liability also applies to our vicarious agents. Otherwise, claims for damages are excluded.
§ 11 Customer Service
If you have any questions, complaints, or claims, please contact 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 website: https://ec.europa.eu/consumers/odr/. We are neither willing nor obliged to participate in dispute resolution proceedings conducted by consumer arbitration boards.
12.3 If one or more provisions of these Terms and Conditions are invalid, the remaining provisions of the contract shall remain in effect. To the extent that such provisions are invalid, the content of the contract shall be governed by the statutory provisions.