1. Only the version of the following general terms and conditions of business valid at the time an order is placed apply to the business relationship between the customer and us (Kesseböhmer Ergonomietechnik GmbH). The general terms and conditions of business only apply to consumers. The customer is a consumer if the ordered products and services cannot be ascribed to their commercial or self-employed activities. In contrast, a businessperson – as opposed to a consumer – is any individual person or legal entity or partnership with legal capacity concluding a contract in pursuance of their commercial or self-employed activities.
2. The customer can choose products from our range and place them in a so-called basket using the button ‘Add to basket’. A commitment is made to purchase the products in the basket by clicking on the button ‘Place order’. The customer can view and change the data at any time prior to submitting the order. However, the customer’s commitment to buy the products can only be submitted and sent if the customer confirms this by clicking that they accept the general terms and conditions of business.
3. The contract is only formed once we have sent confirmation of acceptance of the order in a separate email or once we have actually dispatched the goods to the customer.
4. If the product ordered by the customer is unavailable at the time the order is placed, we will inform the customer in an order confirmation email. If the product cannot be delivered for a long time, the customer will also receive an email informing them of this fact. In such cases, a contract will not be formed.
5. If the product ordered by the customer is only temporarily unavailable, we will immediately inform the customer in the order confirmation email. If delivery of the product is delayed by more than two weeks, the customer has the right to withdraw from the contract. In such cases, we are also entitled to pull out of the contract. We will then immediately return any payments already made by the customer.
6. The supplied goods shall remain our property until payment has been received in full.
7. All prices stated on our website include VAT. The shipping costs will be detailed on the order form and must be paid by the customer. Goods will be sent via DHL or the postal service (e.g. brochures).
8. We offer the following payment methods: PayPal, credit card, Sofortüberweisung and Giropay. The purchase price is due in full immediately after the contract has been formed.
9. We assume liability for material defects in accordance with the relevant legal regulations, particularly §§ 434 ff. of the German Civil Code (Bürgerliches Gesetzbuch or BGB). The products supplied by us are only guaranteed if expressly stated as such in the order confirmation for the product in question.
10. In all other cases, our liability is limited as detailed below. We do not assume liability for slightly negligent violation of fundamental contractual obligations. Liability for slightly negligent violation of fundamental contractual obligations shall be limited to foreseeable damages typical of the contract. We assume unlimited liability for any violation in connection with human injury or loss of life and grossly negligent or wilful violation of contractual obligations of any kind. The aforementioned limitations shall also apply in respect of our legal representatives and vicarious agents in the event that any claims are asserted directly against them. The provisions of the German Product Liability Act (Produkthaftungsgesetz) shall remain unaffected.
11. Right of cancellation: You have the right to cancel this contract without reason within 14 days. The cancellation period lasts 14 days from the day on which you or a third party appointed by you (who is not the carrier) take(s) delivery of the goods. If several goods from the same order are delivered separately, the cancellation period lasts 14 days from the day on which you or a third party appointed by you (who is not the carrier) take(s) delivery of the final goods.
You must inform us if you wish to exercise your right of cancellation by contacting us via one of the following channels:
Kesseböhmer Ergonomietechnik GmbH
Siemensstraße 6
73235 Weilheim/Teck
Germany
ergonomics@kesseboehmer.de
Tel.: +49 (0)7023 108-0, Fax: +49 (0) 7023 108-110
Please state clearly (e.g. by means of a letter sent by post, by telefax or by email) your decision to cancel the contract.
You can use the attached cancellation form template for this purpose, although this is not mandatory. You can either complete the cancellation form template or send some other clear form of declaration electronically on our website www.spaceflexx.com. If you use this method, we will immediately send you confirmation (e.g. by email) that we have received your cancellation notice. In order to observe the cancellation period, it is sufficient to inform us of your desire to exercise your right of cancellation before the cancellation period expires.
The consequences of cancelling
If you cancel this contract, we must return any payments we have received from you, including any delivery costs (with the exception of additional costs incurred if you selected a delivery method other than the least expensive type of standard delivery offered by us), without delay and no later than 14 days after the day on which we receive notification from you about your decision to cancel the contract. We will make the reimbursement using the same means of payment as you used for the original transaction, unless expressly agreed otherwise; under no circumstances will you be charged as a result of this reimbursement.
You must return the goods without delay and no later than 14 days after the day on which we receive notification from you about your decision to cancel the contract. Please return them by post or in person to:
Kesseböhmer Ergonomietechnik GmbH
Siemensstraße 6
73235 Weilheim/Teck
Germany
ergonomics@kesseboehmer.de
Tel.: +49 (0)7023 108-0, Fax: +49 (0) 7023 108-110
The cancellation period is observed if you dispatch the goods before the 14-day period expires. You must cover the direct cost of returning the goods. The cost is estimated to be no more than EUR 15. You must only pay for any depreciation in the value of the goods if this depreciation is attributable to you checking the state, features or functioning of the goods in an unnecessary manner.
End of the cancellation policy
Cancellation form template
(If you wish to cancel the contract, please complete this form and return it to us.)
– To:
Kesseböhmer Ergonomietechnik GmbH
Siemensstraße 6
73235 Weilheim/Teck
Germany
ergonomics@kesseboehmer.de
Tel.: +49 (0)7023 108-0, Fax: +49 (0) 7023 108-110
– I/we(*)hereby cancel the contract formed by me/us (*) for the sale of the following goods (*) / provision of the following service (*)
– Ordered on (*) / received on (*)
– Name of the consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only if sent in paper form)
– Date
_______________
(*) Delete as applicable.
12. Data protection and data security: When placing an order, personal details such as first name, surname, address, postcode, city and telephone number are collected to enable us to process the order and dispatch the ordered goods.
We store these personal details for business purposes. The customer’s data will be used and processed solely within the bounds of the relevant data protection laws. The data will not be shared with third parties outside of the ordering process, nor will it be shared with third parties for general advertising purposes or for market research or public opinion surveys.
Once the goods have been delivered, we assume that the customer will remain interested in our products and services. To enable us to contact the customer later on with details of new products and services (e.g. by post or email), the customer therefore consents to their personal details being stored for this purpose.
The customer has the option at all times to access the data stored in their profile by clicking on the button ‘My user account’. They can then change or delete this data.
All data is encrypted via an SSL so that it is sent securely on the Internet.
13. Dispute resolution for the customer: In the event of any dispute, we endeavour to find a mutually satisfactory solution with the customer. However, we will not enter into any formal dispute resolution process as per the German Consumer Dispute Resolution Act (Verbraucherstreitbeilegungsgesetz or VSBG).We wish to point out that the European Commission provides the option to resolve disputes on an online platform it operates. This platform can be accessed via the following external link https://ec.europa.eu/consumers/odr/.