General Terms and Conditions (GTC)

Table of contents
1. Scope
2. Conclusion of contract
3. Right of withdrawal
4. Prices and payment terms
5. Delivery and shipping conditions
6. Retention of title
7. Liability for defects (warranty)
8. Redemption of discount codes
9. Applicable law
10. Alternative dispute resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of Knafla & Rausch Ecom GbR (hereinafter "Seller") apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter "Customer") and the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby excluded, unless otherwise agreed.

1.2 A consumer within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor independent professional activity. An entrepreneur within the meaning of these Terms and Conditions is a natural or legal person, or a partnership with legal capacity, who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Conclusion of contract

2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but rather serve as a basis for the customer to submit a binding offer. The product representations are only examples. The actual products may differ from the illustrations.

2.2 The customer can submit an offer via the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contractual offer for the goods contained in the shopping cart by clicking the "Place order with payment" button, which concludes the ordering process.

2.3 The Seller may accept the Customer’s offer within five days,
- by sending the customer an order confirmation or dispatch confirmation in text form (fax or e-mail), whereby the receipt of the confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
- by requesting payment from the customer after placing his order.

If several of the aforementioned alternatives exist, the contract is concluded at the time one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends on the expiry of the fifth day following the dispatch of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the customer is no longer bound by their declaration of intent.

2.4 If the payment method "PayPal Express" is selected, payment processing will be carried out via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer selects "PayPal Express" as the payment method during the online ordering process, they also issue a payment order to PayPal by clicking the button that concludes the ordering process. In this case, the seller hereby declares acceptance of the customer's offer at the time the customer initiates the payment process by clicking the button that concludes the order process.

3) Right of withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the seller’s cancellation policy, which is available under the following link: Cancellation policy – ​​livadora.de .

4) Prices and payment terms

4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices. VAT is not included, as the seller is a small business owner within the meaning of the German Value Added Tax Act (UStG). Any additional delivery and shipping costs will be stated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the Seller is not responsible and which must be borne by the Customer. These include, for example, costs for money transfers through credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also arise in relation to money transfers if the delivery is not made to a country outside the European Union, but the Customer makes the payment from a country outside the European Union.

4.3 The following payment options are available to the customer:
- PayPal
- Credit card
- Instant bank transfer
- Prepayment by bank transfer

4.4 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

4.5 When paying using a payment method offered by PayPal, payment processing is carried out via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

5) Delivery and shipping conditions

5.1 Goods will be delivered to the delivery address provided by the customer, unless otherwise agreed. The delivery address provided during the seller's order processing is decisive for the processing of the transaction.

5.2 The estimated delivery time is specified for each item. Unless otherwise stated in the offer, delivery time is 7-9 business days after receipt of payment.

5.3 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful shipment. This shall not apply if the customer effectively exercises their right of withdrawal, if they are not responsible for the circumstances leading to the impossibility of delivery, or if they were temporarily prevented from accepting the offered service, unless the seller had notified them of the service a reasonable time in advance.

5.4 Self-collection is not possible for logistical reasons.

5.5 If the ordered goods are not delivered within 30 days, the seller will refund the customer the full purchase price.

6) Retention of title

If the seller makes advance payments, he retains ownership of the delivered goods until the purchase price owed has been paid in full.

7) Liability for defects (warranty)

7.1 If the purchased item is defective, the statutory liability for defects applies. The statutory limitation period for claims for defects for new goods is two years from delivery of the goods to the customer.

7.2 Notwithstanding the foregoing, the limitation period for claims for defects in used goods shall be one year from delivery of the goods to the customer. However, the reduction of the limitation period to one year shall not apply.
- for items that have been used for a building in accordance with their usual purpose and have caused its defectiveness,
- for claims for damages and reimbursement of expenses by the customer, as well as
- in the event that the seller has fraudulently concealed the defect.

7.3 The customer is requested to report any goods delivered with obvious transport damage to the delivery company and to notify the seller of this. Failure by the customer to do so will have no effect on their statutory or contractual claims for defects.

8) Redemption of discount codes

8.1 Discount codes issued free of charge by the Seller as part of promotional campaigns with a specific period of validity and which cannot be purchased by the Customer can only be redeemed in the Seller's online shop and only during the specified period.

8.2 Discount codes can only be redeemed by consumers.

8.3 Individual products may be excluded from the discount if a corresponding restriction arises from the content of the discount code.

8.4 Discount codes can only be redeemed before completing the order process. Subsequent offsetting is not possible.

8.5 Only one discount code can be redeemed per order.

8.6 The value of the goods must be at least equal to the amount of the discount code. Any remaining balance will not be refunded by the seller.

8.7 If the value of the discount code is not sufficient to cover the order, one of the other payment methods offered by the Seller can be selected to settle the difference.

8.8 The balance of a discount code will not be paid out in cash or accrue interest.

8.9 The discount code will not be refunded if the customer returns the goods paid for in whole or in part with the discount code within the scope of his statutory right of withdrawal.

8.10 The discount code is intended for use only by the person named on it. Transfer of the discount code to third parties is excluded. The seller is entitled, but not obligated, to verify the material eligibility of the respective discount code holder.

9) Applicable law

All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.

10) Alternative dispute resolution

10.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online sales or service contracts involving a consumer.

10.2 The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

11) Special regulations for business customers

11.1 The following provisions apply exclusively to entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB).

11.2 Delivery dates and deadlines are only approximate unless a fixed date has been expressly agreed as binding in writing.

11.3 Compliance with delivery deadlines is subject to timely and proper delivery by our suppliers. The Seller shall not be liable for delivery delays caused by circumstances beyond its control despite exercising reasonable care (e.g., delayed or non-existent delivery by our suppliers, force majeure, official orders, strikes, operational disruptions, transport delays, natural disasters).

11.4 The Seller will notify the Customer immediately of any delivery impediments. The delivery period shall be extended by the duration of the impediment plus a reasonable start-up time.

11.5 Claims for damages due to delay are excluded unless they are based on intent or gross negligence or are contrary to mandatory statutory liability provisions.

11.6 If the disruption lasts longer than six weeks, both parties are entitled to withdraw from the contract with regard to the part not yet fulfilled.