General Terms and Conditions of Business of Kendo-sport
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 [email protected], the terms and conditions are also available in electronic or written form. The identifiable address of kendo-sport can be confirmed from the invoices.
Recital clause
Under the domain https://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 Returns & Cancellations
You may cancel your order at any time within 14 days since your order for any reason. The start of the 14-day period is defined by the day on which you or any other third party other than the courier took possession of the ordered items. In order to exercise your right to return or cancel your order, you must relate your demands in a written form, either via a written letter, Email or Fax. Should the items have already been delivered, the items must be sent back also. The end of the 14-period is defined by the day the written notification is received by Kendo-Sport, and NOT by the day the notification was sent by the customer. The procedures of returns and cancellations are subject to Germany’s Introductory Act to the Civil Code (Einführungsgesetz zum Bürgerlichen Gesetzbuche/EGBGB), Article 246 § 2, in conjunction with §1 section 1 and 2 EGBGB as well as our obligations under § 312e section 1 Line 1 of the German Civil Code (Bürgerliches Gesetzbuch/BGB) in conjunction with article 246 §3 EGBGB.
To ensure that the intent of returns/cancellations occurs before the expiry date, please send the written form of notification with sufficient time to spare.
The withdrawal has to be adressed to:
Hannah Cho-Heinze
Steinbücheler Weg 80
51061 Köln
[email protected]
Following the return/cancellation
In the event of a successful termination of the existing order, the entirety of the previous payment received will be returned to the original payer, including gains made by the trade (e.g. interest). Should the customer be unable to return item, purchased either partially or entirely from us, or only be able to return the item in a deteriorated condition, the customer will be made to provide an appropriate 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
(1) The applicable prices are those in effect at the time of the order.
(2) The end prices are set by 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 substantiated should Kendo-sport confirm 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 paymen
(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 majeur
(1) In the event that kendo sports can not provide the amount owed, due to circumstance that are beyond the control of the parties (such as 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.
§ 8 Privacy policy
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.
Updated: 31. July 2010
