Terms and Conditions
The present General Terms and Conditions (referred to as "T&C" hereinafter) shall apply to the relationship between you and us regarding the knitcap online shop.
The knitcap online shop is operated by:
knitcap Matthias Schneider
(defined as „we” or “us” hereafter).
1. Distinction between Entrepreneurs and Consumers
Some of the provisions of the present T&C do not apply in relation to any and all customers but only in relation to consumers or only in relation to entrepreneurs. Where the scope of application of the present T&C is limited in such aforesaid manner it will be specially indicated hereinafter.
„Consumer“ shall, for purposes of the present T&C and in accordance with the statutory definition in section 13 of the German Civil Code ("Bürgerliches Gesetzbuch", abbr. "BGB"), be each natural person who enters into the business relationship with us for a purpose which is outside its trade, business or profession.
„Entrepreneur“ shall, for purposes of the present T&C and in accordance with the statutory definition in section 14 of the German Civil Code ("Bürgerliches Gesetzbuch", abbr. "BGB"), be each natural person who enters into the business relationship with us for a purpose which is outside its trade, business or profession.
2. Customer Account
In order to enjoy a more convenient use of the online shop, you can open a customer account. You shall treat your access data like e.g. your password confidentially and shall notify us promptly in case of loss or unauthorized use of your access data.
3. Conclusion of Contract, Content of Contract
a. The presentation of our goods on the website shall not constitute a binding offer by us. Only if and once you order goods on our website, such purchase order of yours shall constitute a binding offer to conclude the respective contract. You can submit a purchase order in that you put one or more goods and/or services into the shopping basket, run through the remaining order process on the website and enter the data as requested in such context. Prior to sending off your purchase order you will see an overview with your order information. Within the menu of the aforesaid order overview you will have the opportunity to check and modify your purchase data. Only if and once you send off your order, you submit a binding offer for conclusion of a contract with us. Once we received your purchase order we will send you an email for confirmation of your purchase order (order confirmation). Upon your receipt of such order confirmation the contract will be concluded.
Languages made available for conclusion of the contract are English and German.
b. If you are an Entrepreneur the following shall apply:
Our offers, deliveries and performances shall solely be subject to the present T&C. Contradicting or additional terms and conditions of the customer shall not become part of the contract.
4. Storage of the Provisions of the Contract
The provisions of the contract are, for one part, contained in the order overview which is displayed in the final step of the order process, and, for the other part, in the present T&C. We record and store the provisions of the contract. You can print them out by using the respective functionality of your browser (usually “print” respectively “file” > “save as”). The provisions of the contract including the present T&C are also contained in our order confirmation which you recieve via email.
5. Prices, Shipping Costs
The prices featured on our website include VAT, unless indicated to the contrary.
Shipping of goods is made at the cost of the customer, unless indicated to the contrary. The same shall apply to customs taxes or any local taxes or charges which may apply in case of delivery of goods to a country outside the European Union.
If you are an Entrepreneur the following shall apply:
Where we are not responsible for a delay of shipping, like e.g. in case of lack of energy, import difficulties, traffic congestions, strikes or force majeure, the time period for performance shall be prolongued adequately. Should we not be able to perform even after adequate prolongation, the customer and we ourselves shall be entitled to terminate the contract.
If you are a Consumer, the default rules under the applicable laws shall apply.
7. Retention of Title
a. We shall retain title in the goods delivered by us until full payment (referred to as "Goods Delivered Under Retention Of Title" hereafter).
b. If you are an Entrepreneur the following shall apply in addition:
(aa) We shall retain title in the Goods Delivered Under Retention Of Title until we will have received any and all payments under the business relationship with the customer. We shall release such aforesaid securities upon the customer's request to such extent as the value of our securities exceeds the value of the secured debt of the customer at more than 10%; in such event we shall be entitled to select, at our free discretion, the securities which are to be released.
(bb) The customer shall be entitled to sell the Goods Delivered Under Retention Of Title to third parties within the ordinary course of business; however, the customer hereby already assigns to us any and all claims accruing to him from such resale to third parties.
8. Exercise of the right of withdrawal
Consumers are entitled to the right of withdrawal. More information on the right of withdrawal is given in the cancellation policy of the seller.
9. Claims arising from Defects/ Warranty
a. Warranty in relation to Consumers: The default rules under the applicable laws shall apply.
b. Warranty in relation to Entrepreneurs:
(aa) The Customer shall inspect the goods promptly after receipt. The customer shall notify us in writing of apparent defects within a period of two weeks from receipt of the respective goods or - if the defect should become apparent only after such aforesaid time period - within two weeks from the discovery of the defect. The timely dispatch of the notice shall suffice to preserve the customer's rights. Should such notice not be given or not be given in time, the goods shall be deemed approved.
(bb) If and to the extent of a defect of the purchased goods, we shall, in the first place, provide warranty by way of cure. We shall perform such cure, at our choice, either by way by way of remedying the defect or by way of replacement delivery. Should such aforesaid cure fail, the customer shall be entitled to abate the remuneration or - in case of significant defects - to terminate the contract.
(cc) The warranty period is one year, unless the defect was fraudulently concealed. The limitation period begins upon the delivery of the goods.
10. Liability Limitation
Our liability for damages shall be subject to the following:
In case of intention or gross negligence, also on part of any persons assisting us in the performance of our obligations, we shall be liable in accordance with the applicable laws. The same shall apply in case of a damage caused by negligent violation of life, body or health.
In case of a damage to property or a financial damage, we ourselves as well as any persons assisting us in the performance of our obligations, shall only be liable in case of breach of an essential contractual obligation, subject, however, to a maximum amount equal to the damage which was foreseeable at the time of conclusion of the contract and typical for the contract; essential contractual within the aforesaid meaning are such obligations the fulfilment of which is a prerequisite for performance of the contract and which the other party may generally expect to be complied with.
Otherwise, any liability for damages of any kind, regardless of the respective underlying cause of action, shall be excluded, except if and to the extent that we are liable under the applicable laws, including without limitation because of the acceptance of a guarantee or under the German Product Liability Act ("Produkthaftungsgesetz").
11. Choice of Law, Jurisdiction
a. The laws of Germany shall apply. The Convention on the International Sale of Goods shall not apply.
Where the customer is a consumer, such choice of law shall only apply to the extent that it does not affect mandatory provisions of the country where the customer has its habitual place of abode.
b. For dealings with merchants the courts of the seat of our company (Munich) shall have jurisdiction; however, we shall be entitled, at our choice, to file a lawsuit at the customer's location instead.