ethanol-fireplace.com is an offer from Kaminlicht GmbH
GENERAL TERMS AND CONDITIONS (GTC)
Kaminlicht GmbH for orders on www.ethanol-fireplace.com
§ 1 Scope, general obligations of the customer, changes to the terms and conditions
1.1 For all current and future orders by you (hereinafter also “customer”) on www.ethanol-fireplace.com, the following general terms and conditions (hereinafter also “GTC”) of Kaminlicht GmbH (hereinafter also “we” or ” Fireplace light “).
1.2 Deviating, conflicting or additional general terms and conditions of the customer are not part of the contract.
1.3 All information provided by the customer in the ordering process must be up-to-date and truthful. You must not pass your password on to third parties, you must keep it in a safe place inaccessible to unauthorized persons and immediately notify us in text form if it is lost or passed on. For misuse, e.g. for any unauthorized orders from third parties with your password and the resulting claims, you are liable according to the statutory provisions.
1.4 We reserve the right to change these terms and conditions with effect for the future using the following procedure. For this purpose, we will inform you in advance of the planned changes and inform you of your right to object. The changes are considered accepted if you do not object within 6 weeks of being notified of the change. If you object to the change, we reserve the right to terminate the contract properly.
1.5 If working days are specified as deadlines, this includes all days of the week with the exception of Saturdays, Sundays and public holidays.
§ 2 Conclusion of a contract, non-binding information, delivery quantities and restrictions
2.1 All information on our goods and prices prior to the conclusion of the contract are non-binding. The product images do not always have to match the appearance of the delivered products. In particular, changes in the appearance and equipment of articles can occur after the manufacturers renew their product range. Claims for defects do not exist in this regard insofar as the changes are reasonable for you. Unless expressly agreed otherwise, there is no entitlement to the delivery of certain articles.
2.2 A valid sales contract between Kaminlicht and the customer is concluded by accepting an offer from the customer by Kaminlicht.
2.3 By completely filling out and confirming the order form provided by Kaminlicht, the customer submits a binding offer. This offer can be accepted either by sending a binding declaration of acceptance or by sending the ordered goods from Kaminlicht. Until then, acceptance can be refused at any time without giving reasons. A claim for delivery of the ordered goods or an ordered voucher arises only with the acceptance of the offer. The presentation of the products in the online shop is not a legally binding offer. You place a binding order for the goods in the shopping cart when the “Buy” button is clicked. Immediately after placing your order, the receipt of your order will be confirmed by an automated email. We can accept your order by sending an order confirmation by email or by delivering the goods.
2.4 Our offer is aimed at consumers. The goods or vouchers ordered by the customer are not intended for resale.
2.5 The text of the contract is saved by us and we will send you the order data by email. The terms and conditions can be viewed at any time by the customer at www.ethanol-fireplace.com.
§ 3 contract period, termination
3.1 In the case of offer variants with an indefinite term, the contract can be terminated by either side at any time. The customer can send a message to Kaminlicht at any time for termination. A cancellation must be made no later than 7 days before the goods are sent. Otherwise, Kaminlicht cannot ensure timely processing.
§ 4 Delivery, delivery requirements, retention of title, transfer of risk, interruption in delivery
4.1 Kaminlicht only delivers within the delivery areas specified on www.ethanol-fireplace.com. If the order relates to a voucher, delivery will be made by email.
4.2 We deliver to the address given in your customer area on the website. If you change your address, please enter the new address in your customer account immediately. Chimney light can only take into account the addresses that are stored in the customer account while the order is being processed. If delivery is to be made to a different address, please state this explicitly when ordering.
4.3 The customer must ensure that the goods can be handed over personally to the delivery address given. Otherwise he is in default of acceptance. The contract can also be fulfilled by placing the goods in front of the apartment door, by placing them in front of the front door or by delivering the goods to a neighboring household or company. At the moment of storage or delivery to the neighboring household, the customer becomes the owner of the goods.
4.4 If the goods have not yet been paid for at the moment of personal delivery, Kaminlicht reserves ownership until the purchase price has been paid in full.
4.5 If the customer has chosen to pay in advance, Kaminlicht will not send the goods before payment has been received. There is no entitlement to prior delivery.
4.6 Kaminlicht is entitled to partial delivery and partial performance at any time, provided this is reasonable for the customer.
4.7 Chimney light does not always affect the delivery time. In the event of force majeure (strike, official intervention, shortage of energy and raw materials, through no fault of its own transport bottlenecks, through no fault of its own, operational hindrances that were not culpably caused by Kaminlicht), Kaminlicht will immediately notify the beginning and end of these obstacles. If Kaminlicht cannot deliver for more than 4 weeks after the original delivery date, the customer is entitled to withdraw from the contract. Further claims, especially for damages, do not exist.
§ 5 Prices and shipping costs, due date, payment, set-off, retention
5.1 Prices include VAT and, unless otherwise stated in the offer, including shipping costs to Germany.
5.2 Shipping and packaging costs for deliveries within Germany are shown separately as part of the ordering process and are also summarized. Unless delivery free of charge is specified, these costs must also be borne by the customer. Shipments abroad are made on request and by prior arrangement.
5.3 The demands of Kaminlicht are due immediately, without prejudice to a statutory right of withdrawal. The invoice is sent when the goods are dispatched.
5.4 Kaminlicht sends invoices and credit notes exclusively in electronic form. You agree to this.
5.5 The customer can pay with all payment methods made available on our website. If the customer has chosen to pay in advance, he undertakes to pay the purchase price immediately after the conclusion of the contract. If Kaminlicht delivers cash on delivery, the purchase price claim becomes due upon receipt of the goods.
5.6 The customer is only entitled to offset if the counterclaims have been legally established or are undisputed by Kaminlicht. The customer is only authorized to exercise a right of retention if his claim is based on the same contractual relationship.
5.7 Upon conclusion of the contract, the account or credit card will be charged immediately.
5.8 Credit that is credited to your customer account from promotions is automatically offset against the purchase price of the next possible delivery. If the credit exceeds the purchase price of the delivery, it will be offset against the following deliveries until the credit is exhausted.
5.9 If you are in default of payment as the customer, Kaminlicht reserves the right to charge flat reminder fees as default damage in the amount of EUR 5.00 per reminder.
§ 6 Warranty, Transport Damage
6.1 The customer is obliged to check the goods for completeness, obvious defects and transport damage immediately upon delivery. Objections are to be communicated to Kaminlicht and the deliverer as soon as possible.
6.2 The statutory provisions apply to claims for defects within the statutory deadlines.
6.3 If the goods are delivered with obvious transport damage, the customer is asked to complain to the transporter immediately and to contact the chimney light. The customer helps the chimney light to enforce the claims against the transporter and the transport company.
§ 7 Conditions for redeeming gift vouchers
7.1 Gift vouchers are vouchers that the customer can purchase. Vouchers can only be redeemed for the purchase of articles at www.ethanol-fireplace.com.
7.2 The balance of gift vouchers will not be paid out in cash or interest.
7.3 Gift vouchers and credits can only be redeemed before the order process has been completed. They cannot be added to an order retrospectively.
7.4 The purchase of a voucher can only be canceled if the voucher has not yet been offset against an order or credited to the customer account as a credit.
7.5 If the voucher credit is insufficient for an order, the customer can compensate the difference with the other payment options
7.6 More than one gift voucher can be used for an order. Gift vouchers cannot be combined with promotional codes. The gift voucher is transferable. Duplication, editing or manipulation of vouchers is not permitted.
7.7 Kaminlicht accepts no liability in the event of loss, theft or illegibility of vouchers for which we are not responsible. In addition, Kaminlicht assumes no liability if there are spelling mistakes in the e-mail address of the voucher recipient.
7.8 If the customer has used a gift voucher for a purchase, Kaminlicht reserves the right to credit the customer with the amount from which he paid with the gift voucher when the goods are returned.
§ 8 Conditions for redeeming promotion codes
8.1 Promotion codes are vouchers that are issued for advertising campaigns with a certain period of validity. They can only be redeemed for the specified online shop, only in the specified period and only once as part of an order process. Furthermore, there may be further restrictions on the usability of the promotional codes on the vouchers.
8.2 The order value must be at least equal to the amount of the promotion code. Any remaining credit will not be refunded.
8.3 Promotion codes can only be redeemed before completing the order process. Subsequent billing is not possible. The credit of a promotional code is neither paid out in cash nor is interest paid. The promotion code cannot be transferred to third parties. Multiple promotional codes cannot be combined with each other. Promotional codes cannot be used to purchase gift cards.
8.4 If the balance of a promotion code is not sufficient for the order, the difference can be compensated with the offered payment options.
8.5 The promotion code will not be reimbursed if goods are wholly or partially returned, provided that the promotion code was issued as part of a promotion and no consideration was provided for it
8.6 If the customer has used an action code for his purchase, Kaminlicht reserves the right to charge the customer the original price of the goods, which he is keeping, if – due to his cancellation – the total value of the order is below the respective value of the Promotional codes drops.
§ 9 Liability of chimney light, obligations of the customer
9.1 Kaminlicht is liable in the event of damage to the customer (s) from injury to life, limb or health caused by a breach of duty by Kaminlicht or one of his legal representatives or vicarious agents, (b) after Product Liability Act, from the assumption of a guarantee or due to fraudulent misrepresentation (c) if Kaminlicht or its legal representatives or vicarious agents caused the damage intentionally or through gross negligence, and / or (d) if the damage was caused by a breach of an obligation by Kaminlicht, the fulfillment of which enables the proper execution of the contract in the first place and the compliance with which the customer regularly relies and may rely (cardinal obligation).
9.2 Kaminlicht has unlimited liability in the cases of 8.1. In addition, the claim for damages is limited to the foreseeable, contract-typical damage. In other cases, the liability of Kaminlicht is excluded regardless of the legal reason.
9.3 The liability regulations in the preceding paragraphs also apply to personal liability of the organs, employees and vicarious agents of Kaminlicht.
9.4 The customer is obliged to carefully read and observe the product, consumption and warning notices for products supplied before use.
§ 10 Applicable Law
10.1 German law applies to the exclusion of the UN sales law.
§ 11 Severability Clause
11.1 Should individual provisions of the contract including these provisions be or become fully or partially ineffective or should the contract contain an unforeseen gap, the validity of the remaining provisions or parts of such provisions shall remain unaffected. Instead of the ineffective or missing provisions, the respective statutory regulations apply.
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving a reason. The cancellation period is 14 days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the first goods. In order to exercise your right of withdrawal, you must inform us (Kaminlicht GmbH, James-Franck-Str. 23, 12489Berlin) about your decision to enter into this contract by means of a clear declaration (e.g. a letter sent by post, fax or email) to revoke, inform. You can also use the model withdrawal form or another unequivocal statement on our website & nbsp; fill in and submit electronically. If you make use of this option, we will send you a confirmation of receipt of such a revocation immediately (e.g. by email). To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.
Consequences of the withdrawal
If you withdraw from this contract, we will give you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from the fact that you use a different type of delivery than that offered by us, have chosen the cheapest standard delivery), to be repaid immediately and at the latest within 14 days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment. We can refuse the repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier. You have to send back or hand over the goods immediately and in any case no later than 14 days from the day on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of 14 days has expired. You bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.
Model withdrawal form
I / we hereby revoke the contract I / we concluded for the purchase of the following goods:
List of goods
Name of the consumer:
Address of the consumer:
Your Kaminlicht GmbH
As of: 25.08.2017