Conditions

Terms and Conditions (GTC)

1) Scope and definitions

• The following general terms and conditions apply to the business relationship between Kreutz GmbH and the customer (hereinafter referred to as “customer”) with regard to contracts concluded via the website www.kerry-gifts.com.
• Conflicting, deviating or supplementary general terms and conditions of the customer do not become part of the contract unless Kreutz GmbH expressly agrees to their validity. These General Terms and Conditions also apply if Kreutz GmbH carries out services without reservation despite being aware of the customer's conditions that contradict or deviate from these General Terms and Conditions.
• All information provided by the customer during the ordering process must be current and truthful. The registration of a minor customer requires the consent of the legal guardian. There is no right to conclude a contract.
• The customer must keep his customer data secret for data protection reasons. In addition, the customer is obliged to inform Kreutz GmbH immediately if there are indications that personal data may be used without authorization.
• The working days mentioned are Monday to Friday, NOT Saturday, Sunday and public holidays.

2) Products

Kreutz offers an online shop for promotional items on its website (hereinafter referred to as “product” or “products”).

3) Conclusion of contract

• The presentation of the products on the website does not constitute a binding offer from Kreutz to conclude a purchase contract. The customer is simply asked to submit an offer by placing an order.
• When one or more products are selected, they are placed in a virtual shopping cart, where the selected product(s) can be viewed and their number can be changed or the product(s) can be removed. By clicking the “Checkout” button, the customer is asked to enter the information relevant to shipping and to select a payment method. Before completing the order, the customer is shown a summary of all information relevant to the order. By clicking the “buy” button, the ordering process is ended and the order is sent.
• By submitting the order on the website, the customer submits a binding offer aimed at concluding a purchase contract for the product(s) contained in the shopping cart. By submitting the order, the customer also accepts these terms and conditions as decisive for the legal relationship with Kreutz GmbH.
• Kreutz GmbH confirms receipt of the customer's order by sending an order confirmation by email. This order confirmation does not constitute acceptance of the contract offer. It merely serves to inform the customer that the order has been received by Kreutz. The declaration of acceptance of the contractual offer takes place within two working days through the delivery of the goods or an express declaration of acceptance.

4) Prices

The product price(s) listed at the time of the order apply to orders (subsequent special promotions are not applicable). All prices mentioned include German VAT and do not include shipping costs. Additional costs will be charged separately.

5) Delivery conditions, shipping, contract period

• Kreutz GmbH delivers exclusively within Germany. Delivery takes place via GLS.
• Unfortunately, shipping to packing stations or post office boxes is not possible.
• The delivery costs and delivery times can be found on Shipping .
• Defects or incorrect deliveries must be reported within 3 days.
• Sample deliveries must be invoiced and paid for. Unless other provisions are made. Kreutz GmbH cannot accept returns for hygienic and technical reasons.
• If Kreutz GmbH is in default with a contractually owed service, the customer must set a reasonable grace period in writing.
• Kreutz GmbH is entitled to make partial deliveries and partial services unless partial fulfillment is of no interest to the customer based on the content of the contract.
• If a call-off or collection deadline has passed for the customer or if the customer has not accepted a delivery or service despite Kreutz's request, Kreutz GmbH is entitled to demand compensation for the damage caused by the delay and, after setting a reasonable grace period, to withdraw from the contract and compensation for the damage incurred to demand.
• The costs of transporting the ordered goods to the customer are always borne by the customer. Unless a FREE HOUSE arrangement has been made.
• The stated production and delivery times for order completion correspond to the respective planning status.

6) Payment terms
The following payment methods are offered for orders, although we reserve the right not to offer certain payment methods in individual cases:

6.1) Payment via Paypal
When paying via Paypal, the payment time corresponds to the time of the order. The customer pays directly via his PayPal account and subject to the PayPal terms of use, which can be viewed at www.paypal.com. After submitting the order, the customer is redirected to PayPal and releases the order value there. Shipping takes place immediately after authorization - depending on the delivery time specified for the item.

6.2) Payment by credit card
When paying by credit card, the payment time corresponds to the time of the order. If the credit card debit is rejected, the customer undertakes to pay the price plus any costs incurred within 10 days of receiving the service. These costs include, among others, the costs that arise due to the cancellation of the credit card debit.

7) Claims for defects
The statutory liability law for defects applies.

8) Retention of title
For consumers, Kreutz GmbH reserves ownership of the purchased item until the invoice amount has been paid in full. If the customer is an entrepreneur in the exercise of his commercial or independent professional activity, a legal entity under public law or a special fund under public law, Kreutz GmbH reserves ownership of the purchased item until all outstanding claims from the business relationship with the customer have been settled. If third parties access the reserved goods, the client must point out that the goods are the property of the supplier and notify the supplier immediately. The same applies to claims.

If the customer defaults on payment, Kreutz is entitled to demand the return of the reserved goods and to take direct possession of them themselves or an authorized representative, regardless of where they are located. However, the withdrawal does not mean simultaneous withdrawal from the contract.

Collection costs: In the event that the customer has not settled a claim from Kreutz GmbH and, due to the overall circumstances of the purchase, it is not clear for Kreutz GmbH that the customer will respond to a further out-of-court reminder, Kreutz is entitled to hire a debt collection company to collect the outstanding debt. In this case, the customer must bear the costs incurred (excluding participation in the overhead costs) that arise from the involvement of the debt collection company. In any case, the customer's obligation to pay compensation is limited to the costs that would arise if a lawyer were hired based on the Federal Lawyers' Fees Regulations (BRAGO).

9) Invoicing
The invoice will be sent electronically by email in PDF format or, if requested, by post in paper form. According to Section 14b Paragraph 1 Sentence 5 UStG, private invoices must be stored for 2 years.

10) Liability for damages

• Kreutz GmbH is liable, limited to compensation for the foreseeable damage typical for the contract, for damages that are based on a slightly negligent violation of essential contractual obligations by it or one of its legal representatives or vicarious agents. Essential contractual obligations are obligations whose fulfillment enables the proper execution of the contract and on whose compliance the contractual partner can regularly rely.
• Liability in accordance with the Product Liability Act remains unaffected.

11) Data protection, confidentiality

• The customer is advised that Kreutz GmbH collects, processes and uses personal inventory and usage data in machine-readable form within the scope of the purpose of the contractual relationship. All personal information will be handled confidentially.
• The contracting parties undertake to treat information from the other party's area that they become aware of during the execution of the contract confidentially.
• In addition, the detailed data protection declaration under data protection applies.

12) Mandatory information for consumers

• According to Section 312g Paragraph 2 No. 3, there is no right of withdrawal for contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
• Furthermore, Kreutz GmbH grants its customers who are consumers a right of cancellation in accordance with the following cancellation policy. See also under shipping .

A consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity (§ 13 BGB).

13) Cancellation policy

Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reasons.

The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods or the last partial shipment or the last item.

In order to exercise your right of withdrawal, you must inform us (Kreutz GmbH, Overather Str. 22 · 51109 Cologne, email: info@kreutz-online.de , telephone: +49221690650) by means of a clear declaration (e.g. by post sent letter or email) about your decision to withdraw from this contract. You can use the attached sample cancellation form, although this is not mandatory.

In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires.

Consequences of revocation

If you cancel this contract, we will refund to you all payments received from you, including delivery costs (except for any additional costs arising from you choosing a method of delivery other than the cheapest standard delivery offered by us have) to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment. We will refuse the refund until we have received the goods back.

You bear the direct costs of returning the goods.

***End of revocation***

Sample cancellation form

(If you want to cancel the contract, please fill out this form and send it back.)

– To Kreutz GmbH, Overather Str. 22 · 51109 Cologne, email: info@kreutz-online.de

– I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods: (*) or the provision of the following service: (*)

– Ordered on ______________(*) / received on ______________(*)

– Name of the consumer(s)

– Address of the consumer(s)

– Signature of the consumer(s) (only for paper notification)

- Date

(*) Delete what is not applicable.

• As an online company, Kreutz GmbH is obliged to inform the customer as a consumer of the European Commission's online dispute resolution platform (OS platform). This OS platform can be accessed via the following link: https://webgate.ec.europa.eu/odr. However, Kreutz GmbH does not take part in a dispute resolution procedure before a consumer arbitration board.

14) General Provisions

The customer can view these terms and conditions at https://kerry-gifts.com/pages/agb . In addition, this document can be printed out or saved by using the usual function of the Internet utility (=browser: usually "File" -> "Save as").

Place of performance is Cologne. The exclusive place of jurisdiction for disputes with merchants, legal entities under public law or special funds under public law arising from contracts is Cologne.

Regardless of the legal basis, the law of the Federal Republic of Germany applies exclusively to all disputes in connection with the use of the website, excluding all conflict of law provisions that refer to another legal system. The application of the UN Convention on Contracts for the International Sale of Goods is excluded. In addition, in accordance with Article 6(2) of the Rome I Regulation, the mandatory provisions of the law that would apply without this clause always apply.

In addition:

15) Copyright

All messages, graphics and the layout of the contractor's website are intended exclusively for the information of our customers. Use at your own risk. All data in this offer enjoys copyright protection; Copying and printing the entire website is only permitted for the purpose of placing an order with this company. Any further processing, reproduction, distribution and/or public reproduction exceeds normal usage and constitutes a violation of copyright law, which will result in criminal prosecution and the obligation to pay compensation. All other trademarks, product names and company names or logos quoted on our websites are the sole property of their respective owners. All rights reserved.

16) Place of performance, place of jurisdiction and applicable law

Unless otherwise stated in the individual order confirmation, Cologne is the place of fulfillment for delivery and payment.

The exclusive place of jurisdiction for all disputes between Kreutz and the customer arising from the underlying contractual relationship or its existence in commercial legal transactions is Cologne. However, Kreutz is free to sue the customer at his or her place of residence or company headquarters.

The law of the Federal Republic of Germany applies exclusively to the legal relationships between Kreutz and foreign customers, excluding the UN Convention on the International Sale of Goods.