General Terms & Conditions (GTC)
of Kuhn Brieftauben-Tonikum Vertrieb
– legally represented by Paul Kuhn –
The below General Terms & Conditions (GTC) have been written in English language (originally in German language). Customers can download them to their PC and/or print them. Upon request, they are also available in digital format or in writing. Please call us at +49-(0)176-39013626 or mail to info[at]kuhn-tonikum.de to get your copy. Additionally, we also enclose our GTC with every consignment of ordered goods.
The summonable address and the authorized representative of Brieftauben-Tonikum Vertrieb are stated on our invoices.
For commercial purposes, Brieftauben-Tonikum Vertrieb runs a website available at the URL www.kuhn-tonikum.de. Through said website, Brieftauben-Tonikum Vertrieb offers its customers to buy its products – mainly tonic – on the internet.
(1) Brieftauben-Tonikum Vertrieb offers its customers the opportunity to choose and order products through the abovementioned website.
(2) For each product, the website provides a respective description, which customers will additionally get in printed form when the products selected are supplied to them.
(3) Customers can click on the requested products presented on the website. Said products will then be added to a virtual shopping cart. By the end of the shopping process, the customer will be provided with an overview of all products selected, the overall price and – shown separately – the shipping charges.
(4) Before respective orders are shipped, Brieftauben-Tonikum Vertrieb offers its customers the opportunity to verify the order’s correctness, in particular with regard to prices and quantities. If requested, customers can correct their orders on this occasion.
§2 Return Policy
Right of Return
Customers are entitled to return goods received within two weeks/one month by physically returning the respective objects of purchase without having to give any reasons. The above period shall start upon the Customer’s receipt of the goods and this return policy at the earliest. Only for goods that are not fit for parcel shipment (e.g. bulky goods) Customers may declare their intent to return the objects in writing (e.g. by postal mail or e-mail). The return period shall be observed if Customer mails its respective intent to return or ships the object of purchase in time. Any and all returns shall be at the expense and risk of Customer. Returns or declarations of return intents are to be addressed to:
Name/Company: Kuhn Brieftauben-Tonikum Vertrieb
Address: Borweg 111, D-32547 Bad Oeynhausen, Germany
In case of effective return, any benefits received by either party and/or possible profits (e.g. advantages of use) are to be returned. If the goods are returned in deteriorated condition, we shall be entitled to claim for compensation. The aforesaid shall not apply if suchlike deterioration is merely caused by Customer checking the respective object as they would do in a store. Moreover, Customer can avoid its obligation to provide for compensation by refraining from using respective goods as if they owned them and by avoiding any and all treatment and handling of the goods that might impair their value.
§2 Cancellation Policy
Customers are entitled to withdraw from their contractual declaration in writing (e.g. by postal mail, e-mail) within two weeks/one month or by returning the respective objects of purchase without having to give any reasons. The above period shall start upon the Customer’s receipt of this cancellation policy at the earliest. The cancellation period shall be observed if Customer mails its respective cancellation or posts the object of purchase in time. Any cancellations are to be addressed to:
Name/Company: Kuhn Brieftauben-Tonikum Vertrieb
Address: Borweg 111, D-32547 Bad Oeynhausen, Germany
In case of effective cancellation, any benefits received by either party and/or possible profits (e.g. interest) are to be returned. If Customer is unable to return benefits obtained from Brieftauben-Tonikum Vertrieb in whole or in part or can suchlike benefits be returned in a deteriorated condition only, Customer shall be obliged to compensate Brieftauben-Tonikum Vertrieb respectively. The aforesaid shall not apply if suchlike deterioration is merely caused by Customer checking the respective object as they would do in a store. Moreover, Customer can avoid its obligation to provide for compensation by refraining from using respective objects as if they owned it and by avoiding any and all treatment and handling of objects that might impair their value. Objects fit for parcel shipment are to be returned this way. Customer shall bear the costs arising from returning items from consignments of an overall order value of less than EUR 40, provided that the goods supplied are as ordered. In all other cases, the return charges shall be borne by us. Items not fit for parcel shipment shall be picked up at Customer’s premises.
Customer’s cancellation right shall lapse early if Customer’s contractual partner has started performing its services prior to the end of the cancellation period with Customer’s explicit consent or if Customer has individually caused such proceeding (e.g. by downloads, etc.).
(1) The scheduled prices valid at the time of order placement as indicated on our website shall apply.
(2) Prices shall be ex the main office of Brieftauben-Tonikum Vertrieb, including 7% VAT and excluding packaging and shipping costs.
§4 Conclusion of Contract
(1) Any product offerings made by Brieftauben-Tonikum Vertrieb on its website shall be unbinding. That means Brieftauben-Tonikum Vertrieb shall not be obliged to supply respective products in case they are not available. However, the contract shall be concluded and constitute a legal obligation to provide for specific products as soon as Brieftauben-Tonikum Vertrieb has confirmed Customer’s order in writing.
(2) If Customer has declared its respective consent on the order form, Brieftauben-Tonikum Vertrieb shall be entitled to replace unavailable items by goods of similar quality and price.
§5 Execution of Contract
Brieftauben-Tonikum Vertrieb shall process orders within 48 hours and inform Customer whether or not the products requested are available.
Provided that the products ordered are available, Brieftauben-Tonikum Vertrieb shall deliver the same within 10 workdays as from receipt of the respective order.
The national shipping costs shall be EUR 2.60 for 1 to 2 bottles, EUR 4.60 for 3 to 4 bottles, EUR 6.99 for 5 to 25 bottles, and EUR 11.99 for orders of 26 bottles or more. The fees for COD consignments shall be EUR 4.40 plus the applicable shipping costs. The international shipping costs are EUR 7.60 for 1 to 2 bottles, EUR 17.00 for 3 to 5 bottles, EUR 21.99 for 6 to 25 bottles, and EUR 31.99 for orders of 26 bottles or more.
Order Changes, Amendments & Limitations
Brieftauben-Tonikum Vertrieb shall answer Customer’s requests with respect to changing, amending and/or limiting orders placed as soon as possible. To the extent possible, Brieftauben-Tonikum Vertrieb will observe Customer’s requests to change, amend and/or limit products if so communicated no later than 5 workdays prior to the scheduled delivery.
§7 Payment Terms
(1) Brieftauben-Tonikum Vertrieb shall issue invoices for ordered goods that are handed over to Customer along with the respective consignment. Brieftauben-Tonikum Vertrieb supplies its goods on advance payment, invoice or COD. Any advance payments or credit card debit orders shall be accounted for in our invoices. If goods are supplied on invoice, any and all invoiced amounts shall be paid within 10 days upon invoice receipt at the latest.
(2) Any and all prices stated on invoices shall be retail prices that include 7% VAT.
(3) If Customer is a consumer and in default with payment, Customer shall pay Brieftauben-Tonikum Vertrieb default interest amounting to 5% above the base rate, unless Brieftauben-Tonikum Vertrieb is able to furnish proof of an even higher interest rate. The aforesaid shall also apply to corporate customers, however except for the fact that they shall be obliged to pay default interest amounting to 8% above the base rate.
§8 Warranty and Liability
(1) Customer shall inform Brieftauben-Tonikum Vertrieb about possible product defects and return respective products at the expense of Brieftauben-Tonikum Vertrieb.
The vendor’s warranty shall be as defined in §§ 433 et seq. BGB (German Civil Code). Within the scope of commercial transactions, the warranty term is limited to one year and Brieftauben-Tonikum Vertrieb shall be entitled to repair products or provide for their free replacement, upon its sole discretion.
(2) Brieftauben-Tonikum Vertrieb shall be liable
• to the full amount of damages in case of gross negligence of its bodies or senior staff;
• on the merits in all cases of culpable breaches of material contractual obligations;
• beyond suchlike obligations, on the merits also for gross negligence of its vicarious agents, unless Brieftauben-Tonikum Vertrieb is exempted therefrom by virtue of customs;
• with respect to the last two kinds of cases, to the amount required to compensate the foreseeable typical damage.
Any contributory negligence of Customer shall be accounted for.
Our liabilities for intent, warranty, fraudulent intent, personal injuries and under the Product Liability Act shall remain unaffected by the above provisions.
§9 Force Majeure
(1) In the event of force majeure (in particular war, natural disasters), Brieftauben-Tonikum Vertrieb shall be exempted from its obligations to perform hereunder for the term the respective events lasts.
(2) If, for reasons of force majeure, Brieftauben-Tonikum Vertrieb is unable to execute orders and/or supply ordered goods for longer than one month, Customer shall be entitled to cancel the order.
§10 Data Privacy
Brieftauben-Tonikum Vertrieb shall observe any and all provisions under data protection law, in particular those stipulated by the German Teleservices Act.
§11 Final Provisions
(1) The language of the present Agreement is German.
(2) In the event one or more provisions hereunder are or should become invalid, this shall not affect the validity of the remaining provisions. Brieftauben-Tonikum Vertrieb and Customer shall then mutually replace invalid provisions by suchlike valid ones that meet their initial commercial intent best.