General Terms and Conditions (Dress for School - Kümmel & Co. GmbH

Art. 1 Scope of application

With regard to the business relationship between the seller (Kümmel & Co GmbH) and the purchaser (end consumer), only the following General Terms and Conditions in their applicable version at the time of ordering shall apply. Moreover, the General Terms and Conditions are only applicable between the seller and purchasers who are end consumers. With regard to legal transactions with companies, the separate General Terms and Conditions of the seller shall apply in these cases.
The seller shall not accept deviating terms and conditions of the purchaser, and such terms and conditions shall not become part of the agreements concluded, unless the seller has explicitly given his consent thereto in writing. Explicit objection is raised against any counter-confirmations on the part of the purchaser with reference to his/her terms and conditions.

Art. 2 Conclusion of contract

The seller’s offers are subject to confirmation and constitute a non-binding invitation to order and to conclude a sales agreement. Only when the purchaser places an order does this constitute an offer to the seller with regard to the conclusion of a sales agreement.
When the purchaser places an order with the seller, the seller sends an e-mail confirming receipt of order and listing the details of the order (confirmation of order). Said confirmation of order does not yet constitute an acceptance of the offer. It only serves to inform the purchaser of his order having been received by the seller.
The sales agreement comes into being as soon as the seller dispatches the goods ordered to the purchaser and confirms the dispatch by a second e-mail (confirmation of dispatch) or declares the acceptance of the offer in an otherwise legally binding manner. The sales agreement is not valid for goods from one and the same order that are not listed in the confirmation of dispatch.
The seller hereby points out that the drawings, illustrations, dimensions and other performance characteristics included in the product descriptions are only guidelines and standard values. Products ordered may deviate from said descriptions. Minor deviations do not result in any rights for the purchaser.
The seller shall distribute any products solely in common household quantities. This refers to both the number of products ordered within one order as well as to the placing of several orders for the same product in which case the individual orders comprise common household quantities.
The offer is expressly subject to goods being unsold.

Art. 3 Right of cancellation, Exclusion of cancellation Cancellation policy Right of cancellation:

The purchaser has the right to cancel his contractual acceptance in writing (e.g. letter, fax, e-mail) within two weeks without indicating reasons or – if he receives the goods before expiry of the term – by returning the goods. The term starts upon receipt of this policy in textual form, however not prior to the receipt of the goods by the recipient/purchaser (in case of repeat deliveries of like goods not before receipt of the first partial delivery) and not prior to the fulfillment of the duty of information on the part of the seller according to Art. 312c Abs. 2 BGB [German Civil Code] in connection with Art. 1 Par. 1, 2 and 4 BGB-InfoV [Information ordinance] and Art. 312e Par. 1 Clause 1 BGB in connection with Art. 3 BGB-InfoV. In order to observe the period of cancellation, the timely dispatch of the cancellation or the goods is sufficient. Written cancellation or cancellation by returning the goods is to be addressed to:
Kümmel & Co. GmbH
Lochweg 19
97318 Kitzingen
Germany
Cancellation may also be effected via
- Fax to : +49 (0) 93 21 / 38 78-33
- E-mail to: info@dress-for-school.de

Consequences of cancellation: In the case of an effective cancellation, the goods and services received on both ends as well as potential benefits (e.g. interest or a royalty for the use of the goods) are to be returned. If the purchaser is unable to return the goods/service received to the seller or can only do so in part or in deteriorated condition, the purchaser shall to this extent have to pay compensation to the purchaser if applicable. In the case of transfer of goods the aforementioned does not apply if the deterioration is solely the result of an inspection of the goods – such as would have been possible for the recipient to carry out in his store. Apart from the foregoing, the purchaser can avoid the obligation for compensation for a deterioration of the goods resulting from the designated use of the goods (i.e. use solely for the purpose for which the product in question has been designated and intended) by not using the goods as if they were his own and by refraining from doing anything which would compromise their value. Goods that can be sent by package are to be returned at the seller’s risk. The purchaser shall bear the costs of returning the goods if the goods delivered correspond to the order and if the price of the returned goods does not exceed the amount of EUR 40 or if the purchaser, in case of a higher price of the goods at the time of cancellation, has not yet reciprocated or a contractually agreed partial performance. Otherwise the return of goods shall be free of charge for the purchaser. Goods that cannot be sent by package shall be collected from the purchaser. Obligations regarding the reimbursement of payments must be fulfilled within 30 days. For the purchaser, this period starts with the dispatch of his declaration of cancellation or the goods, for the seller, it starts upon receipt of said declaration or the goods. End of cancellation policy

Exclusion of cancellation:

Right of cancellation is not granted in case of distance contracts for the delivery of goods which are manufactured according to customer specification or are clearly tailored to personal needs or which, due to their nature, are not suitable for a return consignment or which are easily perishable or whose best-before date has already past.

Art. 4 Delivery, Transfer of risk

Unless otherwise agreed, delivery shall be effected to the delivery address indicated by the purchaser.
The purchaser can find information regarding the availability of the seller’s products on the website (e.g. on the product detail page in question). The seller hereby explicitly points out that all information concerning availability, dispatch or delivery of a product are only anticipated details and approximate guidelines. In particular, they do not constitute binding or guaranteed dates of dispatch or delivery, unless they have been explicitly stated as binding dates in the delivery options of the product in question of if the seller explicitly confirms the binding nature in writing.
If the seller, upon processing of the order, notices that products ordered are not available, the purchaser shall be notified of said circumstance separately and prior to the acceptance of the offer by the purchaser (e.g. by e-mail).
Should the seller, through no fault of his own, be unable to deliver the ordered goods – in particular due to one of the seller’s suppliers not meeting their contractual obligations –, the seller has the right to withdraw from the contract with the purchaser. In this case, the purchaser shall immediately be notified of the unavailability of the product ordered. The statutory rights of the purchaser shall remain unaffected.
Insofar as a delivery to the purchaser is not possible due to the delivered goods not fitting through the entrance door, front door or the stairway of the purchaser, or due to the purchaser not being encountered under the delivery address specified by him, despite the purchaser having been given sufficient notice of the date of delivery, the purchaser shall bear the costs of the unsuccessful delivery.
The delivery (dispatch) is effected at the purchaser’s risk. The risk is transferred to the purchaser as soon as the goods are handed over to the carrier by making them available for collection by the carrier.

Art. 5 Payment

The seller shall deliver to the purchaser exclusively on advance payment. Delivery of the goods according to Art. 4 of these terms and conditions shall only be effected once the payment (credit) has reached the account designated by the seller.
Payment by way of advance payment covers the entire invoice amount, including all delivery and extra charges.
No discount shall be granted.

Art. 6 Offsetting, Retention

The purchaser shall have the right of offsetting only if his counterclaims have been legally established or are undisputed by the seller. Moreover, the purchaser may exercise his right of retention only insofar as his counterclaim is based on the same contractual relationship.

Art. 7 Prices

All indicated prices are end prices in Euros and include the legal VAT currently in force.
Prices do not include shipping and handling (see Art. 9).

Art. 8 Shipping and handling fees per order

The fees for shipping and handling per order and delivery address amount to EUR 5.00 within Germany, regardless of order value. For an order value of EUR 50.00 and above, delivery within Germany is free of charge. Shipping and handling fees for other countries or costs for desired special packaging (along with shipping insurance) may be enquired about separately with the seller. The costs thus accrued are in any case to be borne by the purchaser.

Art. 9 Reservation of proprietary rights

The delivered goods shall remain the property of the seller until complete payment has been effected.

Art. 10 Liability for defects, Warranty and liability

If the purchased goods are defective, legal regulations apply. The cession of these rights on the part of the purchaser is excluded. If purchased goods delivered display obvious material or manufacturing defects, which also includes transport damage, the purchaser is obliged to immediately notify the seller of such defects. Failure to give notice does, however, not affect the purchaser’s statutory rights.
If the seller violates an essential contractual obligation due to negligence, the duty of replacement for material damage is limited to the typically resulting damage.
If the supplementary performance by way of replacement delivery has been effected, the purchaser is obliged to return the initially delivered goods to the seller within 30 days at the latter’s cost. The return of the defective goods must be effected according to legal requirements. The seller reserves the right to claim damages under the provisions stipulated by law.
The statute of limitation is twenty-four months, calculated from date of delivery (transfer of the purchased goods).
Insofar as not otherwise derived from the above, further claims of the purchaser – regardless of the legal reasons – are excluded. The seller is therefore not liable for damages not occurring on the delivered goods themselves; in particular, the seller is not liable for lost profit or other pecuniary damages on the part of the purchaser. Insofar as the contractual liability of the seller is excluded or limited, said exclusion or limitation shall also apply to personal liability of employees, representatives and agents of the seller.
Apart from the above, liability for damages is excluded, unless they are damages resulting from harm to life, body or health, if the damages result from a violation of obligations on the part of the seller or his legal representative or agents either based on intent or negligence. Claims for damages are also not excluded if they are based on a deliberate or grossly negligent violation of duty on the part of the seller, his legal representative or agent. If the violated duty is an essential contractual obligation and the seller is liable, claims for damages are not excluded if the violation of duty is based at least on negligence on the part of the seller, his legal representative or agents.

Art. 11 Privacy

All personal data required for the execution of the order are stored by the seller in machine-readable format and are treated as entirely confidential. Solely the data required for the processing of the order, such as name and address, shall be passed on to the companies instructed with the dispatch or delivery in the context of shipping.

Art. 12 Applicable law

These Terms and Conditions are exclusively subject to German law under the exclusion of the UN Convention on the International Sale of Goods (CISG).
Place of fulfillment for delivery and payment is Kitzingen.

Art. 13 Severability clause

Should one or several provisions of these General Terms and Conditions be or become invalid or void, either in whole or in part, or should this agreement contain a gap, the effectiveness of the provisions of these General Terms and Conditions shall otherwise remain unaffected. The contractual parties shall strive to reach an arrangement which comes closest to the economic objectives of this agreement.