General terms of business

The following general terms of business apply to all business relations between “Klein, aber oho!” and the customer. The version valid at the time of the conclusion of the contract is definitive.

1. Conclusion of contract
Customers within the meaning of these terms of business are both users and contractors.
Users within the meaning of these terms of business are natural persons, with whom business relations are entered into, without a commercial or independent professional activity being imputed.
Contractors within the meaning of these terms of business are natural or juristic persons or business partnerships with whom business relations are entered into and who trade by carrying out a commercial or independent professional activity.
Varying, conflicting or supplementary general terms of business, even if they are known, shall not become a constituent part of the contract, unless their validity is expressly approved in writing.
The offer is subject to change without notice and is valid as long as stocks last. It is valid only within the Federal Republic of Germany.
With his order, the customer states his binding contractual offer. “Klein, aber oho!” is entitled to reject the contractual offer which the order contains, such as after checking the customer’s creditworthiness. The contract is concluded on condition that in the case of an incorrect or improper delivery to the supplier, it will be fulfilled in part or not at all. The customer will be immediately informed in the case of non-availability or partial availability. Possible counter-payments will be repaid immediately.
2. Data protection

To process your order, “Klein, aber oho!” will save your address and data related to the order. Naturally, we undertake to thoroughly protect your personal data according to the conditions of the Federal German Data Protection Law. Furthermore, “Klein, aber oho!” guarantees not to pass on your address data to third parties.

3. Right of cancellation and return
You have a statutory right of cancellation, enabling you to cancel your order in writing within a period of two weeks after receiving your first delivery. A criterion for this is the date of the proof of receipt. We assume that you appreciate that all articles procured or manufactured specially for you are excluded from this ruling.
The cancellation does not have to include a reason and must be made in writing on a lasting data carrier or by returning the delivery. By executing his right of cancellation, the customer is obliged to return the articles. To observe the deadline, the timely dispatch of cancellation to “Klein, aber oho!”, Prinz-Georg-Strasse 85, 40479 Düsseldorf, Germany, is sufficient. The goods must definitely be sent back in an unused and saleable condition in their original packaging. After receipt of the cancellation and the goods in the warehouse, “Klein, aber oho!” will refund any payments made.
If the user executes his right of cancellation, he is obliged to send back the goods if they can be sent by parcel post. For orders of up to 40.00 EUR, the cost will be borne by the user, as is the will of the law, unless the goods supplied do not correspond to the goods ordered.
“Klein, aber oho!” will require a reasonable replacement of the value of articles damaged by signs of use. The customer may examine the goods carefully and cautiously. The loss in value through usage over and above a pure examination, leading to it no longer being possible to sell the goods as “new”, will be borne by the customer.

4. Defects
If you recognise damage to the packaging on receipt of the delivery, please have the transportation company confirm the damages in writing. Obvious defects have to be informed to us within 14 days after delivery at the latest. In the case of warranty, a replacement will be made or a credit note will be issued at our discretion. Further claims, in particular compensation claims, are excluded, in so far as “Klein, aber oho!”, or those assisting us in fulfilling the contract, have not caused the damage deliberately or by gross negligence.
Contractors have to inform us of obvious defects in writing within a period of one week after receipt of the goods; otherwise assertion of guarantee claims is excluded. A timely dispatch is sufficient to observe the deadline. The contractor bears the full burden of proof for all claim conditions, in particular for the defect itself, for the time of determining the defect and the timeliness of the complaint.

5. Prices
Our prices are in euros. Value added tax at the current valid rate is included in the prices. In the case of a change in the statutory value added tax, “Klein, aber oho!” reserves the right to adjust prices accordingly.

6. Method of payment
You can pay by:
Payment in advance: Please wait for “Klein, aber oho!” to send you an advance invoice.
As a rule, “Klein, aber oho!” delivers to new customers on the basis of payment in advance. “Klein, aber oho!” reserves the right to require payment in advance in other cases too.
By direct debit: You grant “Klein, aber oho!” permission to debit the invoice amount from your bank account. You can revoke this permission within six weeks. Permission is valid for future invoices too and is revocable at any time.
By COD: Dispatch by COD is only possible for deliveries within the Federal Republic of Germany. The currently valid charges of 3.30 euros will be borne by you.
After receipt of an invoice: The invoice amount is due when delivery has been made. Please pay within 10 days after delivery. If you have not paid within 10 days after delivery, you will be in default of payment without a reminder being sent. You will automatically be in default of payment if you have not paid within 30 days of the due date and receipt of an invoice or similar statement of payment. Particular reference will be made to this legal consequence in invoices or statements of payment to customers who are users. If the time of the receipt of the invoice is uncertain, customers who are not users will be in default at the latest 30 days after the due date and receipt of the delivery.
Although no reminder is required for default of payment to start, “Klein, aber oho!” is entitled, during the period of default, to charge 2.60 EUR for the first reminder and 4.10 EUR for the second. After the beginning of default of payment, we will invoice you furhtermore for default interest amounting to 5% over the valid base rate in accordance with §1 of the bank rate transfer law. Both you and “Klein, aber oho!” reserve the right to prove a lower or higher damage in individual cases.
It is not possible to deliver to new customers on account.

7. Retention of title

The goods supplied remain the property of “Klein, aber oho!” until full payment has been made. In the case of contractors, “Klein, aber oho!” retains the property rights to the goods until full settlement of all claims from current business relations has been made.
The customer undertakes to take good care of the goods and to store them properly.
The contractor is entitled to resell the goods in the normal course of business. He already assigns to us all claims arising from the resale to third parties up to the amount of the invoice. “Klein, aber oho!” accepts the assignment. After the assignment, the contractor is empowered to collect the claim. “Klein, aber oho!” reserves the right to claim itself, in so far as the contractor has not fulfilled his payment obligations properly and is in default. In the case of a warranty obligation by “Klein, aber oho!”, this will be done by a replacement delivery.
8. Deliveries to foreign countries

For deliveries to other countries in the European Union (EU), “Klein, aber oho!” shall declare the value added tax in accordance with the German rate of value added tax valid in each case. For orders from outside the EU, our prices will be reduced by the amount of the German value added tax included. However, you will then have to pay the respective import duty/value added tax to your country’s customs. We cannot give any information about the imposition of duties. You will receive from “Klein, aber oho!” a certificate of origin, which will be printed on the invoice. Please wait for us to send you an advance invoice. Payments from foreign banks will be credited after deducting 5.00 EUR. We have to charge you these fees if you do not make a transfer from a German bank.
For deliveries to non-EU countries, the prices shown will be reduced by amount of the value added tax. The invoice amount will also be shown in euros. The official conversion rate will be used. You can also pay the invoice in euros.

9. Charges for post and packing

The costs of postage will be passed on to the customer, as will the additional costs for dispatching by COD and, as the case may be, supplements for express delivery if this has been ordered.

10. Delivery
“Klein, aber oho!” will deliver by post or parcel service – as a rule within a few days, using the quickest method.
For users, the risk of accidental destruction and accidental deterioration of the purchased goods is transferred to the user even in the case of the purchases being dispatched when the goods are handed over.
In the case of contractors, the risk of accidental destruction and accidental deterioration of the purchased goods is transferred in the case of the purchases being dispatched when the goods are delivered to the transportation company, the freight forwarder or another person on institution executing the dispatch. If the customer is in default of acceptance, this is the equivalent of hand-over.

11. Due diligence
The customer undertakes to immediately inform “Klein, aber oho!” of access by third parts to the goods, such as in the case of seizure, or possible damage to or destruction of the goods. The customer must inform us immediately of a change in ownership of the goods as well as a change in his own address.
In case the customer’s behaviour is contrary to the terms of the contract, in particular in the case of default of payment or violation of his duty to take good care of the goods, or not informing us of access by third parties, “Klein, aber oho!” is entitled to withdraw from the contract and to require return of the goods.

12. Limitation of liability and exemption from liability
In the case of slightly negligent violation of obligations, liability by “Klein, aber oho!” is limited to foreseeable, direct, average typical contractual damage. This also applies to slightly negligent violation of obligations by our legal representatives or those assisting us in fulfilling the contract. We are not liable towards contractors for slightly negligent violation of non-essential contractual obligations.
The above limitations to liability do not apply to claims by the customer about product liability. Furthermore, the limitations to liability do not apply in the case of physical damage or damage to health attributable to us or in the case of loss of life of the customer.

13. Place of jurisdiction and choice of legal system
The law of the Federal Republic of Germany is valid. In the case of users not concluding contracts for professional or commercial purposes, the choice of legal system is only valid in as far as the protection granted has not been withdrawn by means of compelling provisions of the law of the country in which the user is normally resident.
The provisions of UN purchasing law are not applicable.
If the customer is a businessman, a juristic person according to public law or special public assets, the exclusive place of jurisdiction for all disputes arising from this contract is the headquarters of “Klein, aber oho!”, i.e. Düsseldorf. The same applies if this customer has no general place of jurisdiction or his place of residence or normal domicile at the time the claim is imposed is not known.
Severability
In the event that individual provisions of the contract with the customer, including the general terms of business, become ineffective, in whole or in part, the validity of the remaining provisions is not affected. The whole or partially invalid provision shall be replaced by a provision, the effect of which is as close as possible to the intended effect of the ineffective provision.