Terms of service

General Terms and Conditions with customer information

1. scope of application

2. conclusion of contract

3. prices and terms of payment

4. delivery and shipping conditions

5. right of withdrawal

6. reservation of title

7. liability for defects

8. redemption of gift vouchers

9. redemption of promotional vouchers

10 Applicable law

11. information on codes of conduct to which the seller has subscribed

12. information on online dispute resolution

 

1 Scope of application

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of "Dr. Günter Kuboth", trading under "Kuboth Cards" (hereinafter referred to as "Seller"), apply to all contracts that a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Seller for the goods offered by the Seller in his online store. The inclusion of the Customer's own terms and conditions is contradicted unless otherwise agreed.

1.2 These GTC apply accordingly to the purchase of vouchers, if and insofar as nothing to the contrary is expressly agreed.

1.3 A consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed primarily to their commercial or independent professional activity.

1.4 An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is exercising their commercial or independent professional activity.

 

2 Conclusion of contract

2.1 The presentation of the goods, in particular in the online store, does not constitute a binding offer by the seller.2.2 First, the customer places the selected goods in the shopping cart. In the next step, the order process begins, in which all necessary data for order processing is entered.

At the end of the order process, a summary of the order and contract data appears.

Only after confirming this order and contract data by clicking on the button concluding the order process does the customer submit a binding offer to purchase the goods contained in the shopping cart.2.3 The seller accepts the customer's offer by the following possible alternatives:- Sending a written order confirmation or an order confirmation in text form (fax or e-mail)

or

- requesting payment from the customer after placing the order

or

- delivery of the ordered goods

The time of acceptance shall be determined by the first alternative that occurs.

The period for acceptance of the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall constitute a rejection of the offer.The customer is then no longer bound by his declaration of intent.

2.4 The text of the contract concluded between the seller and the customer is stored by the seller. The text of the contract is stored on the seller's internal systems. The customer can view the General Terms and Conditions at any time on this page.The order data, the cancellation policy and the General Terms and Conditions are sent to the customer by email. After completion of the order, the text of the contract is accessible to the customer free of charge via his customer login, provided he has opened a customer account.

2.5 All entries made are displayed before clicking on the order button and can be viewed by the customer before sending the order and corrected by pressing the back button of the browser or the usual mouse and keyboard functions. In addition, if available, the customer has buttons for corrections, which are labeled accordingly.

2.6 The contract language is German.

2.7 It is the customer's responsibility to provide a correct email address for contacting and processing the order and to set the filter functions so that emails relating to this order can be delivered.

3 Prices and terms of payment

3.1 Unless otherwise agreed, the prices shown are final prices including statutory VAT.

If additional shipping costs are incurred, this can be found in the product description.

3.2 If the delivery is made to a non-EU country, additional customs duties, taxes or fees may have to be paid by the customer to the customs or tax authorities responsible there or to credit institutions.

The customer is advised to enquire about the details with the respective institutions or authorities before placing the order.

3.3 The customer can select the payment methods available in the online store.

3.4 If payment is made in advance by bank transfer, payment is due immediately after conclusion of the contract, unless otherwise agreed.

3.5 In the case of payment by "PayPal", payment is processed via PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. PayPal's terms of use apply to this. These can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.

4 Delivery and shipping conditions

4.1 The delivery of goods by mail order shall be made to the delivery address specified by the customer. By way of derogation from this, in the case of payment by PayPal, the delivery address deposited by the customer with PayPal at the time of payment shall be decisive.

4.2 If the seller incurs additional costs due to the provision of an incorrect delivery address or an incorrect addressee or other circumstances that lead to the impossibility of delivery, these shall be reimbursed by the customer, unless he is not responsible for the incorrect information or impossibility. The same applies in the event that the customer was temporarily prevented from accepting the service, unless the seller has given the customer reasonable advance notice of the service. Excluded from this provision are the costs of return shipment if the customer has effectively exercised his right of withdrawal. In this case, the statutory provision or the provision made by the seller shall apply.

4.3 Self-collection is not offered.

4.4 Vouchers are provided to the customer in the following form

by e-mail

by download

by post

6 Retention of title

If the seller makes advance payment, the goods remain the property of the seller until the purchase price has been paid in full.

 

7. liability for defects

7.1 With regard to the warranty, the provisions of the statutory liability for defects shall apply, unless otherwise agreed in these GTC.

7.2 The customer is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. Failure to do so shall have no effect on the customer's statutory or contractual claims for defects.

8. redemption of gift vouchers

8.1 Gift vouchers that have been purchased via the seller's online store ("gift vouchers") can only be redeemed in the seller's online store.

8.2 Gift vouchers and remaining credit on gift vouchers can be redeemed until the end of the third year after the year in which the voucher was purchased. Any remaining credit will be credited to the customer's gift voucher account until the expiration date.8.3 Gift vouchers can only be redeemed before the order process is completed. They cannot be redeemed at a later date.8.4 Only one gift voucher can be redeemed per order. It is not possible to redeem several gift vouchers in one order.

8.5 Gift vouchers can only be redeemed for the purchase of goods.

The purchase of additional gift vouchers cannot be paid for with a gift voucher.

8.6 If the value of a gift voucher is not sufficient to pay for the respective order, one of the other payment methods offered can be used to settle the difference.

8.7 Credit balances on gift vouchers are not paid out and do not bear interest.

8.8 Gift vouchers are generally transferable.

The seller may make payment with discharging effect to the customer who redeems the respective gift voucher. This does not apply if the seller has knowledge or grossly negligent ignorance of the possible non-authorization, legal incapacity or lack of power of representation of the respective holder.

9. redemption of promotional vouchers

9.1 Vouchers which the seller issues free of charge as part of (promotional) campaigns with a specific period of validity and which the customer cannot purchase ("promotional vouchers") can only be redeemed in the seller's online store and only during the period specified by the seller.

9.2 Promotional vouchers can only be redeemed by consumers.

9.3 Individual products may be excluded from the voucher promotion.

The specific restrictions, if any, can be found on the promotional voucher.

9.4 Promotional vouchers can only be redeemed before the order process is completed. They will not be offset retrospectively.

9.5 Only one promotional voucher can be redeemed per order. It is not possible to redeem several promotional vouchers in one order.

9.6 The value of the goods in the respective order must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.

9.7 If the value of a promotional voucher is not sufficient to pay for the respective order, one of the other payment methods offered can be used to settle the difference.

9.8 The credit balance of a promotional voucher is neither paid out nor interest-bearing.

9.9 The promotional voucher will also not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of their statutory right of withdrawal.

9.10 The promotional voucher is personal and may only be redeemed by the person named on it. The gift voucher may not be transferred to third parties. The seller has the right, but not the obligation, to check the material eligibility of the respective voucher holder.

10 Applicable law

The law of the Federal Republic of Germany shall apply to the exclusion of the laws on the international purchase of movable goods.

The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular of the country in which the customer as a consumer has his habitual residence, remain unaffected.

 

11. information on online dispute resolution

The EU Commission's online dispute resolution platform is available on the Internet at the following link: https://ec.europa.eu/odr

We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.