Terms and Conditions
§ 1 Validity, definitions of terms
(1) Kragnart Berlin GmbH, Passauer Str. 8, 10789 Berlin, Germany (hereinafter: “we” or “[email protected]”) operates an online store for goods at https://kragnart.com. The following terms and conditions apply to all services between us and our customers (hereinafter: “customer” or “you”) in the version valid at the time of their order, unless otherwise expressly agreed.
(2) “Consumer” for the purposes of these terms and conditions is any natural person who concludes a legal transaction for purposes that cannot be predominantly attributed to either their commercial or independent professional activity. “Business” means a natural or legal person or partnership able to conduct a legal transaction in pursuit of its commercial or independent professional activity, whereby a legal partnership is a partnership with the capacity to assume rights and incur liabilities.
§ 2 Conclusion of the contracts, storage of the contractual text
(1) The following provisions regarding the conclusion of the contract apply to orders from our online shop at https://kragnart.com.
(2) Our product presentations on the Internet are not binding and do not constitute a binding offer to conclude a contract.
(3) Upon receipt of an order from our online shop, the following regulations apply: The customer makes a binding contract offer by successfully completing the order procedure in place in our online shop. The order involves the following steps:
- Selection of the desired product,
- Adding the product by clicking the corresponding button (e.g. “Add to basket”, “Add to shopping bag” or similar),
- Checking details in the shopping basket,
- Bringing up the order overview by clicking on the corresponding button (e.g. “Continue to checkout”, “Continue to payment”, “To order overview” or similar),
- Input/verification of address and contact details, choice of payment method, confirmation of terms & conditions and cancellation policy,
- Completion of the order by pressing the button “Buy now”. This represents a binding order.
- The contract is concluded by us sending an order confirmation within three working days to the specified email address.
(4) If the contract is concluded, it is concluded with Kragnart Berlin GmbH, Passauer Str. 8, 10789 Berlin, Germany.
(5) Before ordering, contract data can be printed or electronically saved using the browser's print function. The processing of the order and transmission of all information required in connection with the conclusion of the contract, in particular the order data, the GTC and the cancellation policy, takes place via email after the order has been triggered by you, in a partly automated manner. We do not save the contract text after conclusion of the contract.
(6) Input errors can be corrected by means of the usual keyboard, mouse and browser functions (for example the “back button” in the browser). You can also make corrections by cancelling the order process early, closing the browser window and repeating the process.
(7) The processing of the order and transmission of all information required in connection with the conclusion of the contract takes place via email, in a partly automated manner. You must therefore ensure that you provide us with the correct email address, that the receipt of emails is technically ensured and that receipt of emails will not be prevented by SPAM filters.
§ 3 Subject of the contract and essential characteristics of the products
(1) The subject of our online shop is:
- The sale of goods. The specific goods offered can be found on our product pages.
(2) The essential characteristics of the goods can be found in the item descriptions.
(3) The sale of digital products is subject to the restrictions specified in the product description or otherwise resulting from the circumstances, in particular hardware and/or software requirements for the target environment. Unless expressly agreed otherwise, the subject of the contract is only the private and commercial use of the products without the right of resale or sub-licence.
§ 4 Prices, shipping and delivery
(1) The prices quoted in the respective offers as well as the shipping costs are total prices and comprise all price components including all applicable taxes.
(2) The respective purchase price must be paid before delivery of the product (advance payment), unless we explicitly offer the purchase on account. The payment methods available are shown under a correspondingly designated button in the online shop or in the respective offer. Unless otherwise stated in the individual payment methods, the payment claims are due for immediate payment.
(3) In addition to the prices quoted, delivery costs may apply for the delivery of products, unless the respective article is shown as not incurring delivery charges. Delivery costs are clearly communicated to you with the offers, if applicable, in the shopping basket system and on the order summary.
(4) All products offered are, unless clearly stated otherwise in the product description, ready for immediate shipment (delivery time: 1-2 days after receipt of payment).
(5) The following delivery area restrictions apply: Delivery takes place in the following countries: Germany.
§ 5 Reservation of proprietary rights, right of retention
(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.
§ 6 Right of Cancellation
As a consumer, you have a right of cancellation. This is based on our Cancellation Policy.
§ 7 Liability
(1) Subject to the following exceptions, our liability for contractual breaches and tort for intent or gross negligence is limited.
(2) We are liable for slight negligence in the event of injury to life, limb, health or breach of a contractual obligation without limitation. If we are in default due to slight negligence, if the service has become unfeasible or if we have violated a contractual obligation, liability for damage to property and pecuniary loss attributable thereto shall be limited to typical contractual foreseeable damage. An essential contractual obligation is one whose fulfilment enables the proper execution of the contract and the breach of which jeopardises the achievement of the purpose of the contract and compliance with which you may regularly rely upon. In particular, this includes our obligation to act and the fulfilment of the contractually owed performance, which is described in § 3.
§ 8 Contract language
The contract language is German only.
§ 9 Warranty
(1) The warranty is governed by statutory provisions.
(2) With respect to contractors, the warranty period for delivered goods is 12 months.
(3) As a consumer, you are requested to check the item/digital goods or the service rendered immediately upon fulfilment of the contract for completeness, obvious defects and transit damage and to notify us and the shipping company of any complaints as soon as possible. If you do not comply with this, this of course has no effect on your statutory warranty claims.
§ 10 Final Provisions
(1) German law applies. For consumers, this choice of law applies only to the extent that it does not remove the protection afforded by mandatory legal provisions of the state of the consumer's habitual residence (favourability principle).
(2) The provisions of the UN Sales Convention explicitly do not apply.
(3) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.