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 info@kendo-sport.de, 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
info@kendo-sport.de
 

Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reasons. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods. In order to exercise your right of withdrawal, you must contact me (kendo-sport, Hannah Cho-Heinze, Steinbücheler Weg 80, D-51061 Cologne, Germany, Tel.: 0221 2974156, email address: info@kendo-sport.de) via a clear statement (e.g. a letter sent by post or email) informing you of your decision to withdraw from this contract. You can use the attached sample cancellation form, although this is not mandatory. You can also click here to fill out and submit the sample cancellation form or another clear declaration on our website.
If you make use of this option, we will immediately send you confirmation (e.g. by email) of receipt of such a revocation. In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period has expired.

Consequences of revocation
If you cancel this contract, we will have to pay you all payments we have received from you, including delivery costs (except for additional costs resulting from your choosing a method of delivery other than the cheap standard delivery offered by us have) to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract.
For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment.
We may refuse the refund until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is the earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of your cancellation of this contract. The deadline is met if you send the goods before the fourteen day period has expired.
You bear the direct costs of returning the goods.
You are only liable for any loss in value of the goods if this loss in value is due to the handling other than what is necessary to establish the nature, characteristics and functionality of the goods.

Exclusion of the right of withdrawal
The right of withdrawal does not apply to contracts
- for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,
- for the delivery of goods if, due to their nature, they were inseparably mixed with other goods after delivery.

End of revocation

§ 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