Terms of service
Terms and Conditions and Customer Information
I. General Terms and Conditions
Β§ 1 Basic Provisions
1. The following terms and conditions apply to contracts that you conclude with us as the provider (Onkel Klaus Trading GmbH) via the website https://shop.onkelklaus.eu. Unless otherwise agreed, the inclusion of your own conditions is hereby objected to.
2. A consumer within the meaning of these regulations is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is any natural or legal person or a legally responsible partnership acting in the exercise of their independent professional or commercial activity when concluding a legal transaction.
Β§ 2 Conclusion of the Contract
1. The subject matter of the contract is the sale of goods.
2. By placing the respective products on our website, we make a binding offer to conclude a contract under the terms stated in the item description via the online shopping cart system.
3. The contract is concluded via the online shopping cart system as follows:
β’ The goods intended for purchase are placed in the βshopping cart.β You can access the βshopping cartβ and make changes at any time via the corresponding button in the navigation bar.
β’ After clicking the βCheckoutβ or βProceed to Orderβ button and entering your personal data, payment, and shipping conditions, you will be shown an order overview before finalizing your purchase.
If you use an instant payment system (e.g., PayPal, Sofort, giropay), you will either be redirected to the order overview page in our online shop or to the payment system providerβs website. After entering your payment information, you will be shown the order overview on the payment system providerβs website or after returning to our online shop.
Before submitting the order, you can review and change the details in the order overview or cancel the order using your browserβs βbackβ function.
By submitting the order via the corresponding button (βplace order,β βbuy now,β or similar), you legally declare the acceptance of the offer, concluding the contract.
4. Inquiries for an offer are non-binding. We will send you a binding offer in text form (e.g., via email), which you can accept within 5 days unless a different deadline is specified in the offer.
5. The processing of the order and transmission of all information required for the contract conclusion will be carried out by email, partly automated. Therefore, ensure that the email address you provided to us is correct and that receipt of emails is technically ensured, particularly not blocked by SPAM filters.
Β§ 3 Special Agreements on Payment Methods Offered
1. Payment by SOFORT/SofortΓΌberweisung: Payment processing is done via the payment service provider Sofort GmbH, a company of the Klarna Group. You must have an online banking account enabled for SOFORT/SofortΓΌberweisung and authenticate and confirm the payment instruction to SOFORT during the payment process. Your bank account will be charged immediately after placing the order. More information about SOFORT can be found at https://www.klarna.com/sofort.
2. Payment via Klarna: In cooperation with Klarna Bank AB (publ), we offer the following payment options: Invoice (βPay Laterβ) and credit card. Payments are made to Klarna. More information about Klarna and its terms can be found on their respective Germany and Austria pages.
3. Payment via PayPal/PayPal Checkout: Payment is processed via PayPal (Europe) S.Γ .r.l. et Cie, S.C.A. The specific payment methods available via PayPal will be shown to you during the online order process. More information can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
Β§ 4 Right of Retention, Retention of Title
1. You can only exercise a right of retention if it concerns claims from the same contractual relationship.
2. The goods remain our property until full payment of the purchase price.
3. If you are an entrepreneur, the following applies additionally:
a) We retain ownership of the goods until all claims arising from the current business relationship are settled in full. Pledging or transfer by way of security before the transfer of ownership is not permitted.
b) You may resell the goods in the ordinary course of business. You hereby assign to us all claims in the amount of the invoice, which arise from the resale of the goods. We accept the assignment. You are authorized to collect the claims. If you do not meet your payment obligations properly, we reserve the right to collect the claim ourselves.
c) If the goods are combined or mixed with other items, we acquire co-ownership of the new item in proportion to the invoice value of the retained goods to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request if the realizable value of our securities exceeds the claim to be secured by more than 10%. We are responsible for selecting the securities to be released.
Β§ 5 Warranty
1. Statutory defect liability rights apply.
2. If you have been informed of and agreed to the shortened warranty period for used goods before submitting your contract declaration, the warranty period for defect claims is one year from delivery of the goods. This limitation does not apply to damages caused by us, which are culpably caused by injury to life, body, or health, or in the case of gross negligence or intent.
3. As a consumer, please check the goods immediately upon delivery for completeness, obvious defects, and transport damage. Please report any complaints as soon as possible. Failure to do so does not affect your statutory warranty rights.
4. If an item deviates from the objective requirements, it is considered agreed only if you were informed before submitting the contract declaration and the deviation was expressly agreed upon between the parties.
5. If you are an entrepreneur, the following applies differently:
a) Only our own information and the product description of the manufacturer are deemed agreed upon as the quality of the goods, but not other public promotions or statements by the manufacturer.
b) In case of defects, we shall, at our discretion, either remedy the defect or deliver a defect-free item. If the remedy fails, you can, at your option, request a reduction in price or withdraw from the contract. The remedy is considered failed after the second unsuccessful attempt unless something else arises from the nature of the item or the defect or other circumstances. In the case of rectification, we do not have to bear the increased costs arising from moving the goods to a location other than the place of performance, provided that the relocation does not correspond to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. The shortening of the period does not apply:
β’ For damages culpably caused by us from injury to life, body, or health, or in case of gross negligence or intent;
β’ If we have fraudulently concealed a defect or provided a guarantee for the quality of the item;
β’ For items that have been used for a building in accordance with their usual use and have caused its defectiveness;
β’ For statutory recourse claims you have against us in connection with defect rights.
Β§ 6 Choice of Law, Place of Performance, Jurisdiction
1. German law applies. For consumers, this choice of law applies only if the protection afforded by mandatory provisions of the law of the state of the consumerβs habitual residence is not withdrawn.
2. The place of performance for all services from the business relationship with us and the place of jurisdiction is our registered office if you are not a consumer but a merchant, a legal entity under public law, or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU, or if your place of residence or habitual residence is unknown at the time of filing the lawsuit. The authority to appeal to the court at another legal place of jurisdiction remains unaffected.
3. The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) expressly do not apply.
II. Customer Information
1. Identity of the Seller
Onkel Klaus Trading GmbH
Rudolf-Diesel StraΓe 3
79211 Denzlingen
Germany
Phone: +49 7666-942940-0
Email: hallo@onkelklaus.eu
Alternative Dispute Resolution:
The European Commission provides a platform for online dispute resolution (OS platform), accessible at https://ec.europa.eu/odr.
We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information on the Conclusion of the Contract
The technical steps for contract conclusion, the contract conclusion itself, and correction options are based on the provisions of βConclusion of the Contractβ in our General Terms and Conditions (Part I).
3. Contract Language, Storage of the Contract Text
3.1. The contract language is German.
3.2. The complete contract text is not stored by us. Before submitting the order via the online shopping cart system, the contract data can be printed out or electronically saved using the browserβs print function. After receiving the order, the order data, the legally required information in distance contracts, and the General Terms and Conditions will be sent to you againΒ by email.
3.3. For inquiries outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g., by email, which you can print out or save electronically.
4. Codes of Conduct
4.1. We adhere to the quality criteria of Trusted Shops GmbH, viewable at: https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf
5. Essential Features of the Goods or Services
The essential features of the goods and/or services are listed in the respective offer.
6. Prices and Payment Terms
6.1. The prices listed in the offers and the shipping costs are total prices. They include all price components, including all applicable taxes.
6.2. The shipping costs are not included in the purchase price. They are accessible via a corresponding button on our website or in the respective offer, displayed separately during the ordering process, and must be paid by you unless free shipping is promised.
6.3. Costs arising from money transfers (transfer or exchange rate fees by financial institutions) are to be borne by you if the delivery is to an EU member state but the payment is made outside the European Union.
6.4. The available payment methods are displayed under a corresponding button on our website or in the respective offer.
6.5. Unless otherwise stated for individual payment methods, the payment claims from the concluded contract are due immediately.
7. Delivery Conditions
7.1. The delivery conditions, delivery date, and any existing delivery restrictions are listed under a corresponding button on our website or in the respective offer.
7.2. If you are a consumer, it is legally regulated that the risk of accidental loss and accidental deterioration of the sold item during shipping only passes to you upon delivery of the goods, regardless of whether the shipping is insured or not. This does not apply if you have independently appointed a transport company or other person to execute the shipment.
If you are an entrepreneur, the delivery and shipping are at your own risk.
8. Statutory Defect Liability
The defect liability is governed by the βWarrantyβ section in our General Terms and Conditions (Part I).
These terms and conditions and customer information have been created by IT law specialists of HΓ€ndlerbund and are continuously reviewed for legal compliance. HΓ€ndlerbund Management AG guarantees the legal certainty of the texts and is liable for warnings. More information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.
Last updated: November 29, 2023
