General Terms and Conditions of Business of Kendo-sport
-is officially represented by Hannah Cho-Heinze, Steinbücheler Weg 80, 51061 Cologne.
The following general terms and conditions have been written in English and may be downloaded by the customer. Upon a request addressed via e-mail to firstname.lastname@example.org, the terms and conditions are also available in electronic or written form. The identifiable address of kendo-sport can be confirmed from the invoices.
Under the domain http://www.kendo-sport.de, Kendo sport runs a home-page for commercial purposes. This website functions as an online shop and offers opportunities to purchase products, mainly kendo items.
§ 1 Product choice
(1) The customer is given the possibility to select and order products on the above website.
(2) The customer is presented with a detailed description of each product on the respective website.
(3) The customer may choose the desired items, which will then be collected in a virtual shopping basket. The customer has the possibility at any time to verify his selected products and see the total and final price.
(4) Before placing a binding order, Kendo-sport gives the possibility to the customer to verify the accuracy of it by checking the price and quantity, and if necessary to correct them.
§ 2 Revocation
You may withdraw your order at any time up to 14 days in writing (for example: letter, fax or e-mail) without giving any reason. If you already have received the ordered goods, you will just need to send them back. The 14 days deadline begins upon receipt of this notification in writing, but not before receipt of the goods by the receiver (in the recurring supply of similar goods not before receipt of the first partial delivery) and also not before meeting our information requirements according to Article 246 § 2 in conjunction with §1 section1 and 2 EGBGB as well as our obligations under § 312e section 1sentence 1 BGB in conjunction with article 246 §3 EGBGB.
In order to ensure that the withdrawal takes place within the deadline period, it is sufficient to send the revocation advice or the goods on time.
The withdrawal has to be adressed to:
Steinbücheler Weg 80
In the event of effective withdrawal, any mutually received benefits are to be refunded, and possible benefits derived (e.g. interest) to be returned. Should you be unable to return the entire or part of the goods received from us, or only to do so in a deteriorated condition, you shall then provide an accordingly compensation.
This shall not apply if the deterioration of the goods is exclusively attributable to their examination as would have been possible for you in a shop. For any deterioration that occurred by using the goods as intended, you do not have to pay an indemnification.
Items suitable for delivery by parcel are to be returned at our risk.
You have to pay for the return postage costs yourself if the received goods correspond to what you have ordered and the sum of the goods does not exceed 40 Euros, or if in the case of a higher price you have not yet paid or made a deposit in accordance with the contractual agreement.
For all other cases, return shipment is free of charge.
Items not suitable for shipment by a parcel service shall be picked up at your location.
Obligations to refund payments must be met within 30 days.
The deadline begins for the customer on the date the notice of withdrawal has been sent or the date of posting the returned items, and for Kendo-sport with the reception of the notice or of the returned items.
End of revocation notice
§ 3 Price s
(1) The applicable prices are those in effect at the time of the order.
(2) The end prices are set from Kendo-Sport and do not include costs for packaging and dispatching.
§ 4 Contract conclusion
(1) The offers on the website are subject to change without notice. Kendo-sport has no obligation in case of the non-availability of an item. However a conclusion of contract and a contractual commitment are effected, if Kendo-sport confirms the order in written form or delivers the merchandise to the customer.
(2) Kendo sport is entitled to deliver a product of the same quality and price, if the ordered one is not available and if the customer has given his consent to this procedure in the order form.
§ 5 Terms of payment
(1) Kendo-sport issues the customer an invoice for the ordered items, which will be provided upon delivery of them. Kendo-sport delivers after payment has been made in advance.
(2) Prices on the invoice are always the final price, inclusive the VAT.
§ 6 Guarantee and liability
(1) In case of a defective item, the customer has to expressly notify Kendo-sport and send it back at the expenses of Kendo-sport. The warranty of the supplier depends on paras 433 ff. BGB. In the course of commercial business, the guarantee is limited to one year and Kendo-sport is at its option entitled to repair the product or to replace it without any further costs for the customer.
§ 7 Force majeure
(1) In the event that kendo sports can not provide the amount owed, due to circumstance that are beyond the control of the parties (like a war or natural disasters), Kendo-sport is free of its obligations for the duration of the hindrance.
(2) If the execution of the order or the delivery of the goods takes longer than one month due to force majeure, the customer is entitled to withdraw from the contract.
The usage of your data is subject to the currently effective legal regulations, in particular, the German Federal Data Protection Act and the German Tele Services Data Protection Act.
§ 9 Applicable law and jurisdiction
(1) All disputes arising out of this contract or related to its violation, termination or nullity shall be finally settled under the laws of the Federal Republic of Germany. The legal relationship of the parties hereto are subject to the law of the Federal Republic of Germany.
(2) The application of the uniform law governing the international purchase of movable items and of the law governing the conclusion of international sales agreements for movable items is excluded.
(3) The venue for payment and place of jurisdiction for all obligations arising from the legal relationship between the purchaser and Kendo-sport is exclusively at the location of Cologne, Germany.
§ 10 Final regulation
(1) The language of the agreement is German.
(2) If any regulation of these conditions is or become invalid, the remaining conditions will still be effective. Kendo-Sport and the customer will replace the ineffective regulation by an effective one, which comes as close as possible in an economic and legal sense to the original intention of the parties.
Update: 31. July 2010