general terms and conditions
1 Scope and Provider
These terms and conditions apply to all orders that you place in the online shop of the Kerner Group.
The range of goods in our online shop is aimed exclusively at buyers who have reached the age of 18.
Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. The terms and conditions also apply to companies for all future business relationships, even if they are not expressly agreed again. The inclusion of a customer's terms and conditions that contradict our terms and conditions is already contradicted.
Contract language is German.
We expressly point out that we are a Spanish company and are therefore primarily subject to Spanish law.
2 Conclusion of contract
The presentation of goods in the online shop does not represent a binding application for the conclusion of a purchase contract. Rather, it is a non-binding invitation to order goods in the online shop.
By clicking the button "Order now with obligation to pay" you submit a binding purchase offer.
After receipt of the purchase offer, you will receive an automatically generated email in which we confirm that we have received your order (confirmation of receipt). This confirmation of receipt does not yet represent acceptance of your purchase offer. A contract is not yet concluded through the confirmation of receipt.
A purchase contract for the goods is only concluded if we expressly declare our acceptance of the purchase offer or if we send the goods to you - without a prior express declaration of acceptance.
Orders are only possible in normal household quantities.
3 prizes
The prices stated on the product pages include the statutory VAT and other price components and do not include the respective shipping costs.
4 Terms of Payment
Payment can be made either in advance (bank transfer) or PayPal.
If you select the payment method in advance, we will give you our bank details in the order confirmation. The goods will be shipped after receipt of payment.
If you select the PayPal payment method, the goods will be shipped after receipt of payment.
5 Offsetting
You only have the right to offset if your counterclaim has been legally established, is not disputed or recognized by us or is closely synallagmatic with our claim.
6 delivery
Unless otherwise agreed, the goods will be delivered from our warehouse to the address you provide.
The delivery of ordered goods is subject to the availability of the goods. If this is not available at the time of ordering, the customer will receive notification of the expected delivery date and we will reserve the order. As soon as the goods are in stock, they will be sent to the customer without any further notification being sent to the customer. In the event of non-availability, in particular because a limited stock of goods marked as such is exhausted, the customer will be informed by us. Payments already made will then be refunded immediately.
When delivering articles that are subject to legal sales restrictions, the goods are only handed over to recipients who meet the legal requirements and only after presentation of an identity card.
7 Retention of Title
The goods remain our property until the purchase price has been paid in full.
8 cancellation policy
In the event that you are a consumer, i.e. make the purchase for purposes that cannot be attributed to your commercial or self-employed professional activity, you have a right of withdrawal in accordance with the following provisions
right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving a reason. 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 send us, Kerner Group, Carmen Kerner, Los Teresos 10, ES-04813 Saliente Bajo, Almeria, Spain, email info@kerner-group.de by means of a clear statement (e.g. a letter sent by post or email) about your decision to withdraw from this contract. To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you revoke this contract, we have to reimburse you for all payments that we have received from you, minus the delivery costs (if the goods have already been dispatched), immediately and at the latest within fourteen days from the day on which the notification of your revocation of this contract has been received by us. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment.
We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any event no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
End of revocation
The right of withdrawal does not apply to 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 that can spoil quickly or whose expiry date would be exceeded quickly, in the case of the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal was removed after delivery, in the case of the delivery of goods if these are inseparable from others after delivery due to their nature Goods have been mixed or in the case of delivery of alcoholic beverages, the price of which was agreed when the contract was concluded, but which can be delivered no earlier than 30 days after the conclusion of the contract and the current value of which depends on fluctuations on the market over which the entrepreneur has no influence.
Please avoid damage and contamination. If possible, please send the goods back to us in the original packaging with all accessories and with all packaging components. If necessary, use a protective packaging. If you no longer have the original packaging, please use suitable packaging to ensure adequate protection against transport damage in order to avoid claims for damages due to damage caused by defective packaging.
Before returning the item, please call us on +49 9228 5080000 to announce the return. In this way, you enable us to assign the products as quickly as possible.
Please note that the modalities mentioned in paragraphs 2 and 3 above are not a prerequisite for the effective exercise of the right of withdrawal.
9 Damage in transit
If goods are delivered with obvious transport damage, please report such errors to the deliverer immediately and contact us as soon as possible.
Failure to make a complaint or contact us has no consequences for your statutory warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
10 Warranty
Unless expressly agreed otherwise, your warranty claims are based on the statutory provisions of sales law.
11 Liability
We are liable for intent and gross negligence as well as in accordance with the Product Liability Act.
Otherwise, the following limited liability applies: In the case of slight negligence, we are only liable in the event of a breach of an essential contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which you can regularly rely (cardinal obligation). The amount of liability for slight negligence is limited to the damage that was foreseeable at the time the contract was concluded and the occurrence of which must typically be expected. This limitation of liability also applies to our vicarious agents.
12 Final Provisions
Should one or more provisions of these General Terms and Conditions be or become invalid, this will not affect the validity of the other provisions.
Only Spanish law applies to contracts between us and you.
Place of jurisdiction is Albox, Spain