General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts you enter into with us as the provider (Kiesenberg GmbH) via the website www.eisfass.de. Unless otherwise agreed, the inclusion of your own terms and conditions, if any, is expressly excluded.
(2) For the purposes of the following provisions, a consumer is any natural person who enters into a legal transaction for purposes that cannot be predominantly attributed to their trade or self-employed professional activity. An entrepreneur is any natural or legal person or body corporate that, when entering into a legal transaction, acts in the course of their self-employed professional or trade activity.
§ 2 Conclusion of the Contract
(1) The subject matter of the contract is the sale of goods.
(2) By listing the respective product on our website, we are making you a binding offer to enter into a contract via the online shopping cart system on the terms and conditions specified in the product description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods you intend to purchase are placed in the "shopping cart". You can access the "shopping cart" via the corresponding button in the navigation bar and make changes at any time.
After clicking the "Checkout" or "Continue to Order" button (or similar wording) and entering your personal details as well as the payment and shipping terms, the order details will finally be displayed to you as an order overview.
If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as your method of payment, you will either be taken to the order overview page in our online shop or redirected to the website of the provider of the instant payment system.
If you are redirected to the respective instant payment system, you will make the corresponding selection or enter your details there. Finally, the order details will be displayed to you as an order overview on the website of the provider of the instant payment system or after you have been redirected back to our online shop.
Before submitting the order, you have the opportunity to review the details in the order overview, change them (also using the "back" function of the internet browser), or cancel the order.
By submitting the order via the corresponding button ("Place order with obligation to pay", "Buy" / "Buy now", "Place order with obligation to pay", "Pay" / "Pay now" or similar wording), you legally accept the offer, thereby concluding the contract.
(4) The processing of the order and the transmission of all information required in connection with the conclusion of the contract are carried out by email, partly automatically. You must therefore ensure that the email address you have provided to us is correct and that the receipt of the emails is technically ensured.
§ 3 Right of Retention, Reservation of Title
(1) You may only exercise a right of retention to the extent that the claims arise from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price has been received.
§ 4 Warranty
(1) Statutory rights regarding liability for defects apply.
(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage, and to notify us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty claims.
(3) To the extent that a characteristic of the goods deviates from the objective requirements, such deviation is only deemed agreed if you were informed of it before submitting the declaration of acceptance and the deviation was expressly and separately agreed between the contracting parties.
§ 5 Choice of Law, Place of Performance, Jurisdiction
(1) German law applies. For consumers, this choice of law applies only to the extent that it does not deprive them of the protection afforded by the mandatory provisions of the law of the state of the consumer's habitual residence (principle of favorability).
(2) The place of performance for all obligations arising from the business relationships existing with us, as well as the place of jurisdiction, is our registered office, unless you are not a consumer but a trader, a public law entity or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your residence or habitual residence is unknown at the time the action is brought. The right to bring an action before a court at another statutory place of jurisdiction remains unaffected.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
II. Customer Information
1. Identity of the Seller
Kiesenberg GmbH
Am campe 10
31073 Delligsen
Germany
Telephone: 05187-3000850
Email: info@eisfass.de
We are not prepared and are not obliged to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information on the Conclusion of the Contract
The technical steps for concluding the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions on the "Conclusion of the Contract" in our General Terms and Conditions (Part I).
3. Contract Language, Storage of Contract Text
3.1. The contract language is German.
3.2. We do not store the full contract text. Before submitting the order via the online shopping cart system, the contract data can be printed using the browser's print function or saved electronically. After we receive the order, the order details, the legally required information for distance contracts, and the General Terms and Conditions will be sent to you again by email.
4. Essential Characteristics of the Goods or Services
The essential characteristics of the goods and/or services are set out in the respective offer.
5. Prices and Payment Terms
5.1. The prices stated in the respective offers, as well as the shipping costs, represent total prices. They include all price components, including all applicable taxes.
5.2. The applicable shipping costs are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer, will be shown separately during the ordering process, and must be paid by you in addition, unless free shipping has been promised.
5.3. The payment methods available to you are set out under a correspondingly labeled button on our website or in the respective offer.
5.4. Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
6. Delivery Terms
6.1. The delivery terms, the delivery date and any applicable delivery restrictions are set out under a correspondingly labeled button on our website or in the respective offer.
6.2. Where you are a consumer, it is legally stipulated that the risk of accidental loss or accidental deterioration of the sold item during shipping only passes to you upon delivery of the goods to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not designated by the entrepreneur or another person designated to carry out the shipment.
7. Statutory Liability for Defects
Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
These General Terms and Conditions and customer information were prepared by the IT law specialists of the Händlerbund and are continuously checked for legal compliance. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of cease-and-desist orders. Further information on this can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service (https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service).