General Terms and Conditions for orders

1 Scope
(1) The present General Terms and Conditions (GTC) regulate all based on offers of KARE-Online GmbH (hereinafter referred to as KARE) on “www.kare.de” contracts.
(2) If these Terms and Conditions refer to “consumers”, these are natural persons, for whom the purpose of the conclusion of the contract is not attributable to any commercial, independent or freelance activity. If “general contractors” are mentioned in these terms and conditions, these are natural persons or legal entities or legal partnerships that contract for commercial, independent or freelance purposes. “Customers” within the meaning of these terms and conditions are both consumers and entrepreneurs.
(3) The business transaction and delivery are exclusively based on the present GTC. General terms and conditions of customers do not apply in direct business dealings with KARE-Online GmbH even if KARE-Online GmbH does not expressly object to them and / or provides services without contradiction. This also applies if the customer has provided for his conflicting conditions a special form in which they are to contradict. An application of deviating terms and conditions shall only take place if this has been expressly agreed in writing between KARE-Online GmbH and the customer. 

2 Registration on www.kare.de
(1) For an order of goods it is necessary that the customer gives his personal data, as far as these are necessary for the order processing, our services as well as for a possible later guarantee processing. A right to access to our trading system does not exist. Only a person of legal age is eligible. Upon express request, the customer is obliged to send us a copy of his identity card.
(2) The data required for an order must be provided by the customer completely and truthfully. If the customer has registered with KARE and created a permanent customer account, the customer is obligated to update the data deposited with KARE, in case of a change immediately in the customer account maintained at KARE.
(3) In the case of registration, the customer chooses a personal username and password. The username may not violate any rights of third parties, other name and trademark rights or good morals. The customer is obliged to keep his password secret and never to inform this third party. If there are indications for the customer that his member account has been misused by a third party, the customer is obliged to inform KARE immediately.
(4) The customer is not entitled to maintain multiple customer accounts with us. We reserve the right to delete multiple applications in case of violation of this regulation.
(5) Apart from the declaration of its agreement with the validity of these general terms and conditions, a registration for the customer has no obligations whatsoever. Registration alone does not constitute a purchase obligation with respect to the goods offered by KARE. Customers can have their entry or the data deposited with KARE within the framework of a registration deleted at any time by contacting KARE via e-mail to online@kare.de.

3 Ordering process
(1) The order process was technically designed as follows: The customer selects one of the offers on kare.de one article and determines the desired number and, where appropriate, the execution of the article to be ordered. The customer prepares the order of the selected article by storing it in the shopping cart by clicking on the “Add to Cart” button. The customer can then select other items and add them to the shopping cart as described. To continue ordering the selected items, the customer clicks on the button “to cart”.
(2) In the shopping cart, the customer can once again check the number of selected items and correct or remove individual items from the shopping cart or buy more items with the button “Continue shopping”. By clicking on the “go to checkout” button, the customer is guided in further steps to call up his existing registration or to enter his data. The customer
– can then specify a different delivery address,
– select the method of payment desired by him,
– select the desired delivery method ,
– is requested to accept these General Terms and Conditions with the statutory cancellation policy contained therein,
– and before submitting the order check his information at rest and possibly correct.
The completed order can be saved or printed by the customer at this point with the function of his browser. The order is only legally binding by pressing the button “Buy”.
(3) The customer can view the present General Terms and Conditions (GTC) on the shop page www.kare.de under “GTC”. The customer may also print or save this document by using the usual function of his Internet utility (= browser: usually “File” + “Save As”) and downloading and archiving in PDF format.
(4) A storage of the contract text takes place. The text of the contract can not be called separately later. However, the contract text can be printed or saved by the customer before sending. The customer can also additionally simply archive the data of his order by either
– downloading these terms and conditions or summarizing the data summarized on the last page of the ordering process in the Internet shop using the functions of his browser or
– waits for the automatic order confirmation and the automatic confirmation of the contract, which KARE will also send to him by e-mail after completion of his order to the e-mail address provided by him. These e-mails contain once again the data of the order and can be easily printed out or saved with a commercially available e-mail program.
(5) The order data of the customer are stored by KARE, but are not available to the customer for security reasons. However, for each previously registered customer, KARE offers password-protected direct access to its order data (“customer account”), which can be accessed via the “Customer Login” button. Here, the customer, assuming a corresponding registration, can view data about past orders and manage and save his address data.

4
Conclusion of contract (1) The presentation of goods on “www.kare.de” is not a binding offer by us dar. Only the order of a product by the customer by clicking the button “Buy” is a binding offer under § 145 BGB.
(2) The confirmation of the technical receipt of an order will be made immediately after receipt by e-mail to the e-mail address provided by the customer. This acknowledgment of receipt does not constitute acceptance of the customer’s order by KARE.
(3) A binding purchase contract between us and the customer shall only be concluded by sending a separate declaration of acceptance by e-mail or by delivering the ordered goods within 5 days.
(4) The goods ordered by the customer may, to the extent reasonable, deviate from the goods shown on the internet due to the technical presentation possibilities; in particular, color deviations may occur as far as this is reasonable.
(5) Any input errors when placing your order, you can recognize the final confirmation before checkout and with the help of the deletion and change function before sending the order at any time correct.
(6) The language available for the conclusion of the contract is exclusively German.

5
Terms of payment (1) We offer the following payment methods to the customer:
– Credit card
– Payment in advance
– Invoice
– Sofortüberweisung
– PayPal
KARE reserves the right in individual cases to exclude certain payment methods and to refer the customer to other payment methods.
(2) If the payment method “credit card” is selected, the credit card account will be debited after the order has been completed.
(3) If you choose the payment method “advance payment”, the purchase price will be due immediately after the order has been placed. In the case of payment in advance, the transfer data will be transmitted to the customer by KARE immediately after receipt of the order and displayed on the order status page. A delivery of the goods takes place immediately after receipt of payment on our bank account.
(4) If you choose the payment method “PayPal”, the invoice amount will be due for payment immediately. The customer pays the invoice amount through the service provider PayPal (Europe) S.à.rl & Cie, SCA, 5th floor, 22-24 Boulevard Royal, 2449 Luxembourg (hereinafter referred to as PayPal). In order to use the payment method “PayPal”, the customer must be registered with PayPal or register beforehand. For this, the terms of use of PayPal apply, which can be viewed at “www.paypal.de”.
(5) When choosing the payment method “Sofortüberweisung” the purchase price becomes due immediately after the order has been placed. The fact that KARE receives the remittance credit immediately speeds up the entire ordering process. In order to use this payment method, the customer must be in possession of a bank giro account and the data required for use in the context of online banking such as account number, bank code, PIN and TAN. Via the secure payment form of Payment Network AG, which is not accessible to KARE, “sofortüberweisung.de” automatically and in real time makes a transfer in the customer’s online bank account. The purchase amount will be transferred immediately and directly to the bank account of KARE.
This payment method is free for the customer,
After choosing the payment method “Sofortüberweisung”, a pre-filled form will open at the end of the order process, which already contains the bank details of KARE. In addition, the transfer amount and the purpose of use are already displayed in the form. The customer must then select the country in which the account-holding bank is located and enter the corresponding bank code. Then the customer must enter the same data as required for the use of online banking (account number and PIN). The customer confirms his order by entering the TAN and then receives a confirmation of the transaction carried out by him.
In principle, every Internet user can use the “Sofortüberweisung” as payment method if he has an activated online banking account with PIN / TAN procedure. It should be noted, however, that for a few banks, instant bank transfer is not yet available. For more information about which banks offer this service, the customer can be found at:
http://www.payment-network.com/en/user/sofortueberweisung-bankensuche.html.
(6) If the payment method “Invoice” is selected, the invoice amount will become due for payment within 14 days from the date of receipt of the ordered goods by the customer. Since the due date of the invoice amount can be determined by the calendar, the customer automatically comes into default after expiry of the payment period of 30 days without this requiring a reminder (§ 286 para. 2 no. 1 BGB). KARE handles the purchase on account through the program “BillSafe” of the service provider PayPal (Europe) S.à.rl & Cie, SCA, 5th floor, 22-24 Boulevard Royal, 2449 Luxembourg (hereinafter referred to as PayPal). For this, the terms of use of PayPal apply which can be viewed under “www.billsafe.de”. The option of the payment method “Invoice” is not available to all customers and requires in any case a prior identity and credit check of the customer. If the customer is given the option of the payment method “Invoice” by KARE, the payment is processed via PayPal, to which KARE hands over his claim for payment. In this case, the customer is obliged to pay the invoice amount to PayPal within the payment period. A debt-discharging service is only possible by paying to PayPal. KARE also remains the contractual partner of the customer when choosing the payment method “Invoice” and is the contact person responsible for all customer inquiries (eg delivery times, returns, assembly instructions, complaints, repayments). Payments are processed via PayPal, to which KARE hands over its claim for payment. In this case, the customer is obliged to pay the invoice amount to PayPal within the payment period. A debt-discharging service is only possible by paying to PayPal. KARE also remains the contractual partner of the customer when choosing the payment method “Invoice” and is the contact person responsible for all customer inquiries (eg delivery times, returns, assembly instructions, complaints, repayments). Payments are processed via PayPal, to which KARE hands over its claim for payment. In this case, the customer is obliged to pay the invoice amount to PayPal within the payment period. A debt-discharging service is only possible by paying to PayPal. KARE also remains the contractual partner of the customer when choosing the payment method “Invoice” and is the contact person responsible for all customer inquiries (eg delivery times, returns, assembly instructions, complaints, repayments).
(7) The offer of the payment option invoice does not apply to all offers and requires, among other things, a prior identity and credit check of the customer. To safeguard our credit risk, we must expressly reserve the decision according to the respective creditworthiness not to execute the delivery on account, but only against advance payment, credit card, PayPal or Sofortüberweisung.
(8) We reserve the right to send invoices to customers exclusively in electronic form by e-mail.
(9) KARE accepts only payments from bank accounts within the European Union. We will never assume any costs associated with a money transaction.
(10) In collaboration with Klarnawe offer the following payment options. The payment is made to Klarna:
– Klarna Invoice: Payable within 14 days from date of invoice. The invoice will be issued upon shipment of the goods and sent by e-mail. The terms of billing can be found here .
– Klarna installment purchase: With the Klarna financing service, you can flexibly pay for your purchase in monthly installments of at least 1/24 of the total amount (but at least EUR 6.95). More information about the Klarna installment purchase? including the terms and conditions and the European standard consumer credit information can be found here .
– Sofortüberweisung
– Credit card (Visa / Mastercard)
– Direct debit
The payment options are offered as part of Klarna Checkout. Further information and the terms of use for Klarna Checkout can be found here . General information about Klarna can be found here . Your personal information will be treated by Klarna in accordance with the applicable privacy policy and as stated in Klarnas Privacy Policy .

6 Terms of Delivery
(1) The prices stated on “www.kare.de” at the time of the order apply. These prices are final prices and include the statutory VAT in the current amount and other price components.
(2) Any shipping and delivery costs are listed in the product description and will be shown separately by KARE on the invoice.
(3) Individual additional services (assembly at the customer, delivery on Saturday, delivery at a desired time window) are ordered separately by the customer and charged separately according to expenditure.
(4) Insofar as KARE does not deliver the goods or does not do so in accordance with the contract, the customer is obliged to grant KARE a reasonable period of grace to effect the service. Before the fruitless expiry of such a grace period, the customer is not entitled to withdraw from the contract.
(5) Should a delivery to the delivery address specified by the customer not be possible because the ordered goods do not fit through the front door, front door, hallway or staircase of the customer or because the customer despite the announcement of the delivery time within a reasonable time at the specified delivery address not found the customer bears the costs incurred due to the unsuccessful delivery.
(6) Delivery takes place exclusively within the Federal Republic of Germany.

7 Availability; Procurement risk; The delivery obligation is canceled; Extension of delivery times

(1) A procurement risk is not assumed by KARE, even in the case of a purchase agreement for generic goods. KARE is only obliged to deliver from the existing stock and to deliver goods ordered by KARE to its suppliers.
(2) KARE’s obligation to deliver shall cease to apply if KARE is not supplied completely and / or on time in spite of a properly matched cover transaction and is not responsible for the lack of availability, KARE has informed the customer immediately and KARE has not assumed a procurement risk. If the goods are unavailable, KARE will reimburse immediately any payment already made by the customer.
(3) The delivery time shall be reasonably extended in the event of circumstances affecting the delivery due to force majeure. The same applies to force majeure, strikes, official interventions, shortages of energy and raw materials, non-compliant transports, non-operational dependencies, for example due to fire, water and machine damage and all other obstructions which were not objectively brought about by KARE. KARE immediately notifies the customer of the beginning and end of such obstacles. If the performance impediment in question in the cases described above over a period of more than four weeks after expiry of the original delivery period, the customer is entitled to rescind the contract concluded with KARE. Further claims, in particular for damages,

8 Transfer of risk
For consumers, the risk of accidental loss and accidental deterioration of the goods sold passes with the delivery of the goods to the consumer or a recipient determined by him. This applies regardless of whether the shipment was insured or not. The transfer is the same if the customer is in default of acceptance. In all other cases, the risk of accidental loss and accidental deterioration of the goods with the handover, the sale of goods with the delivery of the goods to the freight forwarder or the person or institution otherwise intended to carry out the shipment to the customer.

9
Retention of title (1) The delivered goods remain the property of KARE until full payment of the invoice price.
(2) In the case of contracts with entrepreneurs, the following also applies:
Goods delivered by us to a contractor (retained goods) remain our property until all claims against the contractor arising from the business relationship with us have been met. Insofar as the value of all security interests to which KARE is entitled exceeds the amount of the claims to be secured by more than 20%, KARE will release a corresponding part of the security interests at the request of the entrepreneur.
The entrepreneur is entitled to resell the goods delivered by us in the ordinary course of business. The entrepreneur hereby assigns all claims in the amount of the invoice value of the claims of KARE or in accordance with the value of the delivered reserved goods, which accrue to the entrepreneur through the resale against a third party. KARE accepts the assignment. After the assignment, the entrepreneur is authorized to collect the claim. We reserve the right to collect the claim ourselves as soon as the entrepreneur does not duly fulfill his payment obligations and is in default of payment.
During the existence of the retention of title, the entrepreneur is prohibited from pledging or assigning ownership of the reserved goods.

 

10 Legal right of withdrawal for consumers 

Right of withdrawal for consumers

Consumers are entitled to a right of withdrawal as follows, whereby consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity can be attributed:

Right of cancellation
 

YOU HAVE THE RIGHT TO WITHDRAW FROM THIS CONTRACT WITHIN FOURTEEN DAYS WITHOUT GIVING ANY REASON. THE PERIOD OF REVOCATION SHALL BE FOURTEEN DAYS FROM THE DAY

ON WHICH YOU OR A THIRD PARTY NAMED BY YOU, OTHER THAN THE CARRIER, HAVE TAKEN POSSESSION OF THE GOODS, IF YOU HAVE ORDERED ONE OR MORE GOODS IN A SINGLE ORDER AND THE GOODS OR GOODS ARE OR WILL BE DELIVERED UNIFORMLY;
• WHERE YOU OR A THIRD PARTY NAMED BY YOU, WHO IS NOT THE CARRIER, HAS OR HAS TAKEN POSSESSION OF THE LAST GOODS, IF YOU HAVE ORDERED SEVERAL GOODS IN A SINGLE ORDER AND THE GOODS ARE DELIVERED SEPARATELY;
• WHERE YOU OR A THIRD PARTY NAMED BY YOU WHO IS NOT THE CARRIER HAS OR HAS TAKEN POSSESSION OF THE LAST PARTIAL SHIPMENT OR PIECE.

IF THERE ARE SEVERAL OF THE ABOVE ALTERNATIVES, THE REVOCATION PERIOD WILL NOT COMMENCE UNTIL YOU OR A THIRD PARTY NAMED BY YOU, WHO IS NOT A CARRIER, HAS OR HAS TAKEN POSSESSION OF THE LAST GOOD OR THE LAST PARTIAL LOT OR PIECE.

TO EXERCISE YOUR RIGHT OF WITHDRAWAL, YOU MUST (KARE ONLINE GMBH, ZEPPELINSTR 16, 85748 GARCHING, TEL: 089 / 21551351-0, FAX: 089 / 21551351-9, E-MAIL: ONLINE@KARE.DE) BY MEANS OF A UNIQUE DECLARATION (EG A LETTER SENT BY POST, BY TELEPHONE, BY FAX OR E-MAIL) ABOUT YOUR DECISION TO WITHDRAW FROM THIS CONTRACT. YOU CAN USE THE ATTACHED MODEL WITHDRAWAL FORM, WHICH IS NOT REQUIRED.

IN ORDER TO MAINTAIN THE CANCELLATION PERIOD, IT IS SUFFICIENT FOR YOU TO SEND THE NOTIFICATION OF THE EXERCISE OF THE RIGHT OF WITHDRAWAL BEFORE THE EXPIRY OF THE WITHDRAWAL PERIOD.

CONSEQUENCES OF THE CANCELLATION

IF YOU WITHDRAW FROM THIS AGREEMENT, WE HAVE SELECTED ALL PAYMENTS WE HAVE RECEIVED FROM YOU, INCLUDING DELIVERY CHARGES (EXCEPT FOR THE ADDITIONAL COSTS ARISING FROM CHOOSING A DIFFERENT DELIVERY METHOD THAN THE MOST FAVORABLE STANDARD DELIVERY WE OFFER HAVE TO REPAY IMMEDIATELY AND AT THE LATEST WITHIN FOURTEEN DAYS FROM THE DATE ON WHICH THE NOTIFICATION OF YOUR REVOCATION OF THIS CONTRACT HAS REACHED US. FOR THIS REPAYMENT, WE USE THE SAME MEANS OF PAYMENT THAT YOU USED IN THE ORIGINAL TRANSACTION, UNLESS OTHERWISE AGREED WITH YOU; IN NO CASE WILL YOU BE CHARGED FOR THIS REPAYMENT FEES. WE MAY REFUSE TO REPAY YOU UNTIL WE HAVE RECEIVED THE GOODS BACK OR UNTIL YOU HAVE PROVIDED PROOF

YOU MUST RETURN THE GOODS TO US IMMEDIATELY AND IN ANY EVENT NOT LATER THAN FOURTEEN DAYS FROM THE DATE ON WHICH YOU INFORM US OF THE CANCELLATION OF THIS CONTRACT. THE DEADLINE IS MET IF YOU SEND THE GOODS BEFORE THE DEADLINE OF FOURTEEN DAYS. WE BEAR THE COST OF RETURNING THE GOODS. YOU ONLY HAVE TO PAY FOR A POSSIBLE LOSS IN VALUE OF THE GOODS, IF THIS LOSS OF VALUE IS DUE TO A HANDLING THAT IS NOT NECESSARY FOR THE EXAMINATION OF THE NATURE, CHARACTERISTICS AND FUNCTIONING OF THE GOODS.

A RIGHT OF WITHDRAWAL DOES NOT APPLY TO DISTANCE CONTRACTS

– ON THE SUPPLY OF GOODS WHICH ARE NOT PREFABRICATED AND FOR THE MANUFACTURE OF WHICH AN INDIVIDUAL SELECTION OR PROVISION BY THE CONSUMER IS AUTHORITATIVE OR WHICH ARE CLEARLY TAILORED TO THE PERSONAL NEEDS OF THE CONSUMER,

– THE SUPPLY OF GOODS WHICH CAN QUICKLY SPOIL AND THEIR GOODS EXPIRATION DATE WOULD BE EXCEEDED QUICKLY;

– ON THE SUPPLY OF SEALED GOODS THAT ARE NOT SUITABLE FOR RETURN FOR REASONS OF HEALTH OR HYGIENE, IF THEIR SEAL WAS REMOVED AFTER DELIVERY,

– ON THE SUPPLY OF GOODS, IF THESE ARE INSEPARABLE FROM OTHER GOODS AFTER DELIVERY DUE TO THEIR NATURE WERE MIXED

– ON THE SUPPLY OF ALCOHOLIC DRINKS, THE PRICE OF WHICH WAS AGREED AT THE TIME OF THE CONCLUSION OF THE CONTRACT, BUT WHICH CAN NOT BE DELIVERED UNTIL 30 DAYS AFTER THE CONCLUSION OF THE CONTRACT AND WHOSE ACTUAL VALUE DEPENDS ON FLUCTUATIONS IN THE MARKET OVER WHICH THE ENTREPRENEUR HAS NO CONTROL; AND VIDEO RECORDINGS OR COMPUTER SOFTWARE IN A SEALED PACKAGE, IF THE SEAL HAS BEEN REMOVED AFTER DELIVERY OR

– FOR THE DELIVERY OF NEWSPAPERS, PERIODICALS AND MAGAZINES OTHER THAN SUBSCRIPTION CONTRACTS.

END OF REVOCATION

11 Warranty
(1) Insofar as the delivered goods are defective, you are entitled within the scope of the statutory provisions to demand supplementary performance, to withdraw from the contract or to reduce the purchase price.
(2) Entrepreneurs must notify KARE in writing of obvious defects within a period of two weeks from receipt of the goods; Otherwise the assertion of warranty claims is excluded. Deadline is sufficient for the timely dispatch. The entrepreneur bears the full burden of proof for all conditions of the claim, in particular for the defect itself, for the time of the discovery of the defect and for the timeliness of the complaint.
(2) If, in the event of a warranty, supplementary performance occurs as part of the replacement delivery, the customer is obliged to return the originally delivered goods to KARE within 30 days at the expense of KARE. A return of defective goods must be made in compliance with the relevant statutory provisions. KARE reserves the right to assert claims for damages if the statutory prerequisites for doing so are met.
(2) The period of limitation of warranty claims for the delivered goods is two years from receipt of the goods.

12 Limitation of Liability

(1) We are liable for intent and gross negligence. Furthermore, we are liable for the negligent breach of obligations whose fulfillment makes the proper execution of the contract possible in the first place, whose violation endangers the achievement of the purpose of the contract and on whose compliance the customer regularly trusts. In the latter case, however, we are liable only for the foreseeable, contract-typical damage. We are not liable for the slightly negligent violation of obligations other than those mentioned in the preceding sentences.
The above exclusions of liability do not apply in case of injury to life, body and health. Liability under product liability law remains unaffected.
(2) According to the current state of the art, data communication via the Internet can not be guaranteed error-free and / or available at all times. We are not liable for the constant and uninterrupted availability of our online trading system.

13 Final provisions

(1) Changes or additions to these terms and conditions must be made in writing. This also applies to the cancellation of this written form requirement.
(2) The law of the Federal Republic of Germany shall apply excluding the UN Sales Convention. Mandatory provisions of the state in which you have your habitual residence remain unaffected.
(3) In business dealings with merchants and legal persons under public law, the place of jurisdiction for all disputes concerning these terms and conditions and individual contracts subject to their validity, including bill of exchange and check claims, shall be the place of business of our company in Munich. In this case KARE is also entitled to sue at the customer’s registered office. The same applies if the customer does not have a general place of jurisdiction in Germany or if his domicile or habitual residence is unknown at the time the complaint is filed.

This platform serves as a point of contact for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer. The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.