Terms and Conditions
Terms and conditions of business and delivery of the company Kendo24, Bernd Schwab, Eichbergstraße 1, 36160 Dipperz
§ 1. General
The relationship between Kendo24 - Bernd Schwab (in the following called Kendo24) and the buyer is exclusively subject to these terms and conditions. Any terms and conditions of the Buyer that deviate from or are contrary to these Terms and Conditions will only become part of the contract after prior written confirmation by Kendo24.
§ 2 Offer and Acceptance
1. The presentation of the products in the online shop is not a legally binding offer, but only an invitation to order.
2. By clicking the button [Buy/order with costs] you place a binding order for the goods listed on the order page.
3. Your purchase contract is concluded when we accept your order by sending you an order confirmation by e-mail immediately after receiving your order.
§ 3. Prices
The prices are gross prices, i.e. including the statutory value-added tax and other price components and are ex warehouse. This means that transport costs and insurance are borne by the buyer. At the request of the buyer Kendo24 will arrange a specific mode of shipment or insurance of the goods. Any additional costs will be borne by the buyer. The customer takes the price of the products from the current price list in this online catalogue.
2. in addition to the indicated prices we charge a flat rate of 6,95 Euro per order for delivery within Germany. The shipping costs are clearly indicated again on the product pages (via link), in the shopping basket system and on the order page.
§ 4 Acceptance
In case of non-fulfilment of these conditions, in particular in case of default of payment or bad credit information of the buyer, Kendo24 is entitled at its own discretion either to withdraw from the contract or, in case of advance payments made, to refund these or to deliver goods of this value or to claim damages for non-performance.
§ 5 Payment
1. all invoices are to be paid in advance to Kendo24 or to a company commissioned by us. Deviating payment modalities require mutual agreement and explicit written confirmation by Kendo24. If payment terms have been granted, invoices are payable and due net cash within 10 days from date of invoice. Payment instructions, cheques, bills of exchange and any other means of payment will only be accepted on the basis of separate written agreements and only on account of performance, charging all collection, discount and other expenses to the buyer's account.
2 If the buyer is in arrears with his payment, the amount owed shall bear interest at a rate of 5% per annum above the respective discount rate of the Deutsche Bundesbank from the due date. Interest shall be set higher or lower if Kendo24 proves a higher or the buyer proves a lower actual interest charge.
3. a right of retention is excluded. The goods remain the property of Kendo24 until full payment has been received. The buyer may only offset payment claims of Kendo24 against undisputed or legally binding claims.
4. if the buyer is in default of payment in whole or in part for one or more invoices, all claims of Kendo24 against the buyer will become due immediately. Interest will be calculated as stated above.
5. if the buyer is in default of payment, the right to resell the goods according to § 10 Retention of Title expires without prejudice to other rights of Kendo24.
6. if the buyer has suspended payment or if there are facts that suggest a suspension, Kendo24 may demand an advance payment or a security deposit. If the buyer refuses such request Kendo24 may withdraw from the contract. In that case all claims will become due immediately. The right of resale according to §10 Retention of Title expires.
7. we advise against sending cash, as Kendo24 cannot be held liable for any loss.
8. in case of payment via credit card the amount to be collected will be shown on the credit card statement as "Kendo24". The card will be debited after successful ordering and delivery of the order confirmation. Your personal data will be transmitted encrypted (SSL encryption) via the Internet.
§ 6 Delivery / Transfer of Risk
1. kendo24 will have the ordered goods delivered by any courier service operating on the German market or will deliver them itself.
2. according to the German Civil Code (BGB) the risk passes to the buyer when the goods have reached their destination. This applies regardless of who pays the freight. The shipment is carried out as an insured package.
3. incoming orders will be executed immediately. After receipt of the order, the customer will receive an order confirmation via e-mail
4. the delivery time is up to 3 days. We point out possible deviating delivery times on the respective product page.
§ 7 Warranty and return
For all defects of the purchased goods occurring during the legal warranty period, the legal claims for supplementary performance, for removal of defects/new delivery as well as - if the legal requirements are met - the further claims for reduction or withdrawal as well as compensation for damages, including compensation for the damage instead of fulfilment as well as compensation for your futile expenses, shall apply at your choice. Insofar as we grant you a seller's guarantee without prejudice to these legal claims, the details are set out in the guarantee conditions attached to the respective delivered article. Warranty claims exist without prejudice to the legal claims/rights.
§8 Right of revocation
The consumer (§ 13 BGB) is granted a right of revocation according to § 355 BGB, which must be exercised within 14 days of receipt of the delivery. Excluded from exchange and return: Custom-made products (e.g. embroidery, custom-made products), audio or video recordings, if and as soon as the delivered data carriers have been unsealed by the consumer.
--- Beginning of the cancellation policy ---
You can cancel your contract declaration within 14 days without giving reasons in writing (e.g. letter, fax, e-mail) or - if the goods have been delivered to you before the end of this period - also by returning the goods. The time limit begins after receipt of this notification in writing, but not before receipt of the goods by the recipient (in the case of recurring deliveries of similar goods not before receipt of the first partial delivery), nor before we have fulfilled our duty to supply information in accordance with Article 246 § 2 in conjunction with § 1 paragraphs 1 and 2 EGBGB as well as our obligations under § 312g paragraph 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. The period shall also only commence after you have received all mandatory information pursuant to § 492 paragraph 2 BGB (e.g. information on the type of loan, information on the net loan amount (cash payment price), information on the term of the contract). You have received all mandatory information if it is contained in the copy of your application or in the copy of the contractual document or the contractual deed intended for you and such a document has been made available to you. You can be informed subsequently on a permanent data carrier of any mandatory information not included in the text of the contract; the revocation period is then one month. You are to be informed again of the start of the withdrawal period with the mandatory information you have provided. To comply with the revocation period, it is sufficient to send the revocation in due time if the declaration is made on a permanent data carrier (e.g. letter, fax, e-mail).
The revocation is to be addressed to:
Bernd Schwab
Eichbergstraße 1
36160 dipper ore
Germany
Fax: +49 (0) 6657-919081
e-mail: info(at)kendo24.com
Consequences of withdrawal
In the event of an effective cancellation, the services received by both parties are to be returned and any benefits derived (e.g. interest) surrendered. If you are unable to return or surrender the received services and benefits (e.g. advantages of use) in whole or in part or only in a deteriorated condition, you must compensate us for the value. For the deterioration of the goods and for the use of the goods, you must only pay compensation if the use or deterioration is due to handling of the goods that goes beyond the examination of the properties and functionality.
The term "testing of properties and functionality" means testing and trying out the respective goods, as is possible and customary in a retail shop. You have to bear the regular costs of the return shipment if the delivered goods correspond to the ordered goods.
Otherwise the return is free of charge for you. Goods that cannot be sent by parcel post will be collected from you. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of your declaration of revocation or the goods, for us with their receipt.
Exclusion of the right of revocation
The right of revocation does not apply to distance contracts for the delivery of goods that are produced according to customer specifications or clearly tailored to personal needs or which are not suitable for return due to their nature or which can spoil quickly or whose expiration date has been exceeded.
--- End of the revocation instruction ---
§ 9 Data protection
We collect and process personal data for order processing and to maintain customer relations. In this context, we also transfer the data to third parties, e.g. suppliers, as far as this is necessary. For the purpose of credit assessment, the necessary data may be forwarded to a business information service. For the technical execution of the data processing we sometimes use external service providers.
If you no longer wish to receive information and offers in the future, you can object to the use of your data by us or third parties for advertising purposes at any time by sending an informal message - by post to Kendo24 - Bernd Schwab, Eichbergstraße 1, 36160 Dipperz, or by sending an e-mail to info(at)kendo24.com .
Your e-mail address will remain with Kendo24 and will not be used by third parties!
Our data protection practice is in accordance with the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG).
On request we will provide you with information free of charge about the data stored about your person or your pseudonym. If you wish to do so, please send a message to info(at)kendo24.com . We are also obliged to correct, block or delete the data stored about you upon request.
We will ask for and use your personal data exclusively for the processing of your order, unless you would like to take advantage of additional services. In order to be able to process and deliver your order, we only pass on your data to the delivery service commissioned with the delivery.
We offer the following additional services:
- Sending a newsletter with current offers
- Registration as Kendo24 user
- Participation in competitions
Should you later decide that you no longer wish to take advantage of the services, you can object at any time. Please send a message to info(at)kendo24.com .
Cookies
A "cookie" is a small data file that we transfer to your computer when you surf our site. A cookie can only contain information that we ourselves send to your computer - private data cannot be read out with it. If you accept the cookies on our site, we do not have access to your personal information, but the cookies allow us to identify your computer. We will not link the data stored in our cookies with your personal data (name, address, etc.) without your explicit consent.
We use cookies for the following purposes:
- To enable us to recognise you on future visits, to display your desired preferences in the shopping cart (language, country of delivery, user name).
- To allow you to take advantage of other specific services: e.g. display the page in your language, personalise our site, etc.
- So that we can tailor our site even better to the needs of our customers.
Most browsers accept cookies by default. In the security settings you can allow or forbid temporary and stored cookies independently of each other. If you deactivate cookies, certain features on our site may not be available to you and some websites may not be displayed correctly.
Web Bugs
Web bugs or "clear GIFs" are small GIF files, about 1*1 pixel in size, which can be hidden in other graphics, e-mails, etc. Web bugs perform similar functions to cookies, but are not noticeable to you as a user.
Web bugs send your IP address, the Internet address of the website visited URL, the time the web bug was viewed, the user's browser type, and previously set cookie information to a web server.
On certain pages we place a so-called web bug on your computer. This allows us to recognise your computer when it is used to re-visit the Site or to determine how promotions are received by users.
This information is anonymous and is not linked to any personal data on the user's computer or to any database. We may also use this technology in our newsletter.
We will not use web bugs without your explicit consent to go unnoticed:
- collect personal information about you
- to transmit such data to third party providers and marketing platforms.
§ 10 Reservation of title
The delivered goods remain the property of Kendo24 until full payment is received.
§11 Right of Retention / Set-off
1. The assertion of a right of retention by the buyer from another legal relationship is excluded.
2. The buyer may only offset against undisputed or legally binding claims