General terms and conditions
GENERAL TERMS AND CONDITIONS:
General Terms and Conditions (Mail Order) for Private Customers of
KEEP PUSHING & SMILE GmbH
Sudmühlenstr 165
48157 Münster
General Management: Julius Dittmann
HRB 18860 Local Court Münster
Ust-IdNr.: DE335787621
Mail: littleskaterats@juliusdittmann.com
1 General
(1) Contractual services and offers of KEEP PUSHING & SMILE GmbH are exclusively subject to the following terms and conditions. By taking note of these terms and conditions the contractual partner agrees to their inclusion in the contract to be concluded with KEEP PUSHING & SMILE GmbH.
(2) General terms and conditions of the contractual partner shall not become part of the agreement between the parties, even if KEEP PUSHING & SMILE GmbH does not explicitly object to a possible inclusion.
2 Conclusion of Contract and Storage of the Contract Text
(1) The offers from the web store and other information carriers of KEEP PUSHING & SMILE GmbH are non-binding. With the order of a product the contracting party bindingly declares to want to purchase the ordered product.
(2) KEEP PUSHING & SMILE GmbH is entitled to accept offers of the contractual partner within a period of two weeks after receipt. The contract is concluded if KEEP PUSHING & SMILE GmbH confirms the acceptance of the offer within this period in writing - by mail or e-mail - or if KEEP PUSHING & SMILE GmbH carries out the delivery. Sufficient is the dispatch of the confirmation or the goods within this period.
(3) The complete text of the contract will not be stored by us. This can be saved electronically via the browser's print function before the order is sent.
3 Subject matter of the contract
(1) The subject matter of the contract is only the goods which are expressly confirmed by KEEP PUSHING & SMILE Gmbh.
expressly confirms or sends on the order of the contracting party.
(2) Drawings, illustrations and other product descriptions are non-binding and do not represent a guarantee of quality in the sense of the regulations of the German Civil Code.
4 Delivery and Payment
(1) KEEP PUSHING & SMILE GmbH is entitled to effect the delivery of the contractual goods within two weeks after acceptance of the offer by KEEP PUSHING & SMILE GmbH.
(2) All indicated prices are Euro amounts and include the legal value added tax.
(3) Deliveries of goods by KEEP PUSHING & SMILE GmbH are made against prepayment. Without special agreement this is done by cash on delivery.
(4) The customer has the possibility to pay after receipt of an order confirmation by bank transfer, by cash on delivery at handover of the goods, by immediate bank transfer, by paypal or by credit card (see payment options).
(5) KEEP PUSHING & SMILE GmbH charges shipping costs and fees per order. If the delivery is free of shipping costs because a certain order value has been reached, the delivery is only free of shipping costs if the order value exceeds the limit of free of shipping costs even after possible exercise of a right of revocation. If the order value is below the limit of free shipping after exercising a right of withdrawal, the shipping costs and fees then incurred will be deducted from the refund amount payable to the customer, due to the exercise of the right of withdrawal.
Example:
Order value:
50.00 EUR
Less value of the returned item(s) as a result of revocation:
- 35.00 EUR
Remaining order value:
15,00 EUR
Shipping costs have to be paid by the customer afterwards.
(6) KEEP PUSHING & SMILE GmbH is entitled to partial performances, as far as these are conducive to the execution of the contract and reasonable for the contractual partner.
(7) The assignment of an existing claim against KEEP PUSHING & SMILE GmbH is not permitted to the contractual partner, unless KEEP PUSHING & SMILE GmbH explicitly agrees in writing.
5 Right of revocation for distance contracts
(1) The following provisions do not apply to audio and video recordings, software, if the delivered data carriers have been unsealed, as well as to newspapers and magazines. They also do not apply to goods that have been manufactured according to the specifications of the contractual partner or have been clearly tailored to the personal needs of the contractual partner.
For customers from Germany and Austria:
Right of withdrawal
You have the right to cancel this contract within 365 days without giving any reason. The withdrawal period is 365 days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods. To exercise your right of withdrawal, you must send us
KEEP PUSHING & SMILE GmbH
c/o titus GmbH
Scheibenstr. 121
48153 Münster
e-mail: littleskaterats@juliusdittmann.com
by means of a clear declaration (e.g. a letter sent by mail or e-mail) about your decision to revoke this contract. You can use the attached sample withdrawal form, which is not mandatory.
To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you cancel this contract, we will reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return the goods without undue delay and in any event no later than fourteen days from the day on which you notify us of the cancellation of this contract to
KEEP PUSHING & SMILE GmbH
c/o titus GmbH
Scheibenstr. 121
48153 Münster
or to hand it over. The deadline is met if you send the goods before the deadline of fourteen days.
We bear the cost of returning the goods.
You must pay for any loss in value of the goods only if this loss in value is due to handling by you that is not necessary for testing the condition, properties and functioning of the goods.
End of the cancellation policy
For customers from the European Union and Switzerland:
Cancellation policy
Right of withdrawal
You have the right to cancel this contract within 365 days without giving any reason. The withdrawal period is 365 days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods. To exercise your right of withdrawal, you must send us
KEEP PUSHING & SMILE GmbH
c/o titus GmbH
Scheibenstr. 121
48153 Münster
e-mail: littleskaterats@juliusdittmann.com
by means of a clear declaration (e.g. a letter sent by mail or e-mail) about your decision to revoke this contract. You can use the attached model withdrawal form, which is not mandatory.
To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may refuse to make a repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return the goods without undue delay and in any event no later than fourteen days from the day on which you notify us of the cancellation of this contract to
KEEP PUSHING & SMILE GmbH
c/o titus GmbH
Scheibenstr. 121
48153 Münster
or to hand it over. The deadline is met if you send the goods before the deadline of fourteen days.
You have to bear the regular costs of the return.
You only have to pay for a possible loss in value of the goods if this loss in value is due to your handling of the goods which is not necessary for the examination of the condition, properties and functioning of the goods.
End of the cancellation policy
For customers from countries outside the European Union and Switzerland:
Cancellation policy
Right of withdrawal
You have the right to cancel this contract within 365 days without giving any reason. The withdrawal period is 365 days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods. To exercise your right of withdrawal, you must send us
KEEP PUSHING & SMILE GmbH
c/o titus GmbH
Scheibenstr. 121
48153 Münster
e-mail: littleskaterats@juliusdittmann.com
by means of a clear declaration (e.g. a letter sent by mail or e-mail) about your decision to revoke this contract. You can use the attached model withdrawal form, which is not mandatory.
To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may refuse to make a repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return the goods without undue delay and in any event no later than fourteen days from the day on which you notify us of the cancellation of this contract to
KEEP PUSHING & SMILE GmbH
c/o titus GmbH
Scheibenstr. 121
48153 Münster
or to hand it over. The deadline is met if you send the goods before the deadline of fourteen days.
You have to bear the regular costs of the return.
You only have to pay for a possible loss in value of the goods if this loss in value is due to your handling of the goods which is not necessary for the examination of the condition, properties and functioning of the goods.
End of the cancellation policy
6 Retention of title
The contractual goods remain the property of KEEP PUSHING & SMILE GmbH until they are fully paid.
7 Warranty
(1) The warranty period is two years from delivery of the goods.
(2) In case of complaints it is necessary that KEEP PUSHING & SMILE GmbH can trace the date of purchase. The claimed item should be sent to KEEP PUSHING & SMILE GmbH together with a copy of the invoice, if available. If the customer is not able to send a copy of the invoice, this has no effect on the warranty claims to which he is entitled.
(3) For defects of the delivered goods the legal warranty regulations apply.
(4) The contractual partner is obliged to examine the goods immediately upon arrival for transport damages and obvious defects and to report these immediately to KEEP PUSHING & SMILE GmbH. Failure to comply with this obligation to inspect and report the goods has no consequences on the legal warranty claims the customer is entitled to.
(5) The warranty does not cover normal wear and tear or wear and tear due to use. If maintenance or care instructions of KEEP PUSHING & SMILE GmbH are not followed, changes are made to the products, accessories are improperly mounted, parts are exchanged or care products are used which do not meet the high quality standard of KEEP PUSHING & SMILE GmbH, the warranty is void with respect to defects which arise or have arisen due to the violation of the aforementioned provision.
(6) The contractual partner will only receive guarantees in the legal sense if this is explicitly determined in writing by KEEP PUSHING & SMILE GmbH.
8 Liability
(1) In case of slightly negligent breaches of main contractual obligations, the liability of KEEP PUSHING & SMILE GmbH is limited to the foreseeable, contract-typical, direct average damage according to the type of goods. This also applies to slightly negligent breaches of duty of the legal representatives or vicarious agents of KEEP PUSHING & SMILE GmbH.
(2) Apart from that, KEEP PUSHING & SMILE GmbH shall be liable according to the statutory provisions if the contractual partner asserts claims for damages which are based on intent or gross negligence - including intent or gross negligence of the representatives or vicarious agents. As far as KEEP PUSHING & SMILE GmbH is not accused of gross negligence or intentional breach of duty, the liability of KEEP PUSHING & SMILE GmbH is limited to the foreseeable, typically occurring average damage.
(3) The above limitations of liability do not apply to damages resulting from injury to life, body or health.
9 Final Provisions
German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods, insofar as this does not conflict with mandatory consumer protection regulations of the state in which the consumer is domiciled.