GENERAL TERMS AND CONDITIONS OF
Welcome to kplx!
§ 1 Scope of application and provider
(1) The General Terms and Conditions (hereinafter referred to as “GTC”) govern the sale of products by Kplx (hereinafter referred to as “Supplier”) to you in the version valid at the time of the order.
(2) Any deviating terms and conditions of the customer will be rejected.
(3) Please read these terms and conditions carefully before placing an order with Kplx. By placing an order with Kplx, you agree to the application of these Terms and Conditions of Sale to your order.
(4) On kplx we offer you the sale of the following products:
Original Drawings, Art Prints, Merch
§ 2 Conclusion of the contract
(1) Contracts on this portal can only be concluded in German.
(2) The offers are aimed exclusively at end customers with a billing and delivery address in:
Worldwide.
For individual bulky goods items, the possible delivery addresses and the place of delivery may be restricted; the restriction is shown in the respective list price.
(3) The customer must be 18 years of age or older.
(4) The presentation of the goods in the online store does not constitute a legally effective offer. The presentation of the goods merely invites the customer to make an offer.
(5) Your order constitutes an offer to kplx to conclude a purchase contract. The customer submits a binding offer when he has gone through the online ordering process by entering the information requested there and clicks on the “order with obligation to pay” button in the final ordering step.
(6) The purchase contract between the supplier and the customer is only concluded when the supplier makes a declaration of acceptance. This takes place on the earlier of the two dates, either by sending the goods or by sending a shipping confirmation by e-mail. Please note that the confirmation of receipt of your order does not constitute a declaration of acceptance in the aforementioned sense.
(7) The validity of contracts for larger than normal household quantities as well as the commercial resale of the object of purchase requires the express confirmation of the supplier. This applies both to the number of products ordered as part of one order and to the placing of several orders for the same product, where the individual orders comprise a normal household quantity.
(8) Your orders will be stored by us after conclusion of the contract. If you lose your order documents, please contact us by e-mail or telephone. We will send you a copy of the order data.
(9) You agree to receive invoices electronically. Electronic invoices will be made available to you by e-mail or in the customer account on the website. We will inform you for each delivery in the shipping confirmation whether an electronic invoice is available. Further information about electronic invoices can be found on our website.
§ 3 Prices and shipping costs
(1) Our prices include the applicable statutory VAT and do not include a flat-rate shipping fee or shipping surcharge. The shipping surcharges vary depending on the type of delivery and the nature of the item.
(2) Despite our best efforts, a small number of products in our catalog may be incorrectly priced. We will check prices when we process your order and before we charge payment. If a product is incorrectly priced and the correct price is higher than the price on the website, we will contact you before dispatching the goods to ask you whether you wish to purchase the product at the correct price or cancel the order. If the correct price of a product is lower than the price quoted by us, we will charge the lower amount and send you the product.
(3) The prices at the time of the order apply. If list prices are available, the prices of the list price valid at the time of the order shall apply.
§ 4 Delivery and Cancellation
(1) Unless otherwise agreed, delivery shall be made to the delivery address specified by the customer. On the website you will find information on the availability of products sold by kplx (e.g. on the respective product detail page). We would like to point out that all information on the availability, dispatch or delivery of a product is only an estimate and an approximate guide. They do not constitute binding or guaranteed shipping or delivery dates, unless this is expressly designated as a binding date in the shipping options of the respective product.
(2) If kplx determines during the processing of your order that products ordered by you are not available, you will be informed separately by e-mail or by message in your customer account. The statutory claims of the customer remain unaffected.
(3) If delivery to the customer is not possible because the delivered goods do not fit through the front door, front door or staircase of the customer or because the customer is not found at the delivery address provided by him, although the delivery time was announced to the customer with reasonable notice, the customer shall bear the costs for the unsuccessful delivery.
(4) Delivery shall be made according to the customer's method of payment. In the case of advance payment, delivery shall be made after the payment order has been issued to the transferring bank. If payment is made by Paypal, credit card, gift card, direct debit, instant bank transfer or invoice, delivery will be made after conclusion of the contract.
(5) If your order is shipped in more than one package, you may receive a separate shipping confirmation for each package. In this case, a separate purchase contract is concluded between us for each shipping confirmation for the products listed in the respective shipping confirmation. The contractual partner is Kplx. Irrespective of your right of withdrawal, you can cancel your order for a product at any time free of charge before the associated shipping confirmation is sent.
(6) This right to cancel does not apply to certain product groups and services, including digital content or software that is not delivered on a physical data carrier (e.g. on a CD or DVD), provided that the download or use (whichever is the earlier) has begun.
§ 5 Customs
(1) If you order products from kplx for delivery outside the European Union, you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges. Customs regulations vary greatly from country to country, so you should contact your local customs office for more information.
(2) Please also note that when ordering from kplx, you are considered the importer of record and must comply with all laws and regulations of the country in which you receive the products. The protection of your data is important to us and we would like to make our international customers aware that cross-border shipments are subject to opening and inspection by customs authorities. For more information, please read our customs information.
§ 6 Payment
(1) The customer can pay for the goods using the following payment methods:
- Paypal
- credit card
- gift card
- instant bank transfer
(2) Certain payment methods may be excluded by the supplier in individual cases.
(3) The customer is not permitted to pay for the goods by sending cash or checks.
(4) If the Customer chooses an online payment method, the Customer thereby authorizes the Supplier to collect the amounts due at the time of the order.
(5) If the Supplier offers payment in advance and the Customer chooses this method of payment, the Customer must transfer the invoice amount to the Supplier's account within five calendar days of receipt of the order. The supplier reserves the goods accordingly for five calendar days.
(6) If the Supplier offers payment by credit card and the Customer chooses this method of payment, the Customer expressly authorizes the Supplier to collect the amounts due after dispatch of the partial deliveries or deliveries of goods.
(7) If the supplier offers payment by direct debit and the customer chooses this payment method, the customer shall grant the supplier a SEPA basic mandate. If a payment transaction is reversed when paying by direct debit due to insufficient funds in the account or due to incorrectly transmitted bank account details, the customer shall bear the costs.
(8) If the supplier offers payment in advance and the customer chooses this method of payment, the customer undertakes to pay the invoice amount within 14 days of dispatch of the goods, without any deduction of discount.
(9) Should the customer be in default of payment, the supplier reserves the right to claim damages for default.
§ 7 Offsetting and right of retention
(1) The customer shall only be entitled to set-off if the customer's counterclaim has been legally established or has not been disputed by the supplier.
(2) The Customer may only exercise a right of retention if its counterclaim is based on the same contractual relationship.
§ 8 Retention of title
Kplx retains title to the goods until full payment has been made.
§ 9 Damage in transit
(1) If the customer receives the goods with obvious transport damage, the supplier shall request the customer to complain about this as soon as possible.
(2) If the customer fails to make a complaint, this has no consequences for the statutory warranty rights. The purpose of the complaint is to enable the supplier to assert his own claims against the carrier.
§ 10 Right of defects
(1) If the customer is a consumer, the warranty and liability for defects of the delivered object of purchase shall be governed by the statutory provisions: Accordingly, in addition to your 30-day return guarantee, purchasers in the European Union have warranty rights for a period of two years from the delivery of the goods and may demand the repair or replacement of the products purchased on kplx if they prove to be defective or not as described. If the goods cannot be repaired or replaced within a reasonable time or without difficulty, you may request a refund or reduction of the purchase price.
(2) In the case of used goods, the warranty period may be shorter than two years.
(3) If the customer is not a consumer, the defect shall be remedied by new delivery or new performance.
§ 11 Limitation of liability (products)
(1) The Provider shall be liable for claims for damages by the Customer arising from injury to life, limb or health or from the breach of essential contractual obligations, as well as for other damages based on its intentional or grossly negligent breach of duty or that of one of the Provider's legal representatives or vicarious agents.
(2) Essential contractual obligations are obligations whose fulfillment is necessary to achieve the objective of the contract.
(3) The provider shall be liable for breaches of essential contractual obligations that are based on foreseeable damages typical for the contract, provided that the damage was caused by simple negligence. This limitation does not apply to claims for damages by the customer that are based on injury to life, limb or health.
(4) The provisions of the Product Liability Act remain unaffected.
(5) Insofar as the liability of kplx is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.
§ 12 Cancellation policy
(1) If the Customer is a consumer, he has a right of revocation in accordance with the following provisions:
(2) Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods (or the last goods, partial shipment or piece in the case of a contract for several goods of a uniform order or the delivery of goods in several partial shipments or pieces) or from the day of the conclusion of the contract, in the case of digital content that is not delivered on a physical data carrier (e.g. CDs or DVDs), to revoke without giving reasons.
To exercise your right of withdrawal, you must contact us:
Kplx
R. Engels
Mühlenfeldweg 32
52531 Übach-Palenberg
E-mail: post@kplx.de
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You can use the sample withdrawal form on our website or send us another clear declaration. If you make use of this option, we will immediately send you a confirmation of receipt of such a revocation (e.g. by e-mail).
In order 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 and that you have returned the goods via our online return center within the period defined below.
(3) Consequences of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from 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; under no circumstances will you be charged any fees 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 immediately and in any event no later than 14 days from the date on which you notify us of the cancellation of this contract to
Kplx
R. Engels
Mühlenfeldweg 32
52531 Übach-Palenberg
E-mail: post@kplx.de
to return or hand over the goods. The deadline is met if you send the goods before the period of 14 days has expired. You shall bear the direct costs of returning the goods.
(4) Exceptions to the right of withdrawal
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
The right of withdrawal does not exist or expires for the following contracts
for the delivery of goods which are not suitable for return for reasons of health protection or hygiene and whose seal has been removed after delivery or which have been inseparably mixed with other goods after delivery due to their nature;
for the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery;
for the delivery of goods that are manufactured according to customer specifications or are clearly tailored to personal needs
for the delivery of goods that can spoil quickly or whose expiry date would be quickly exceeded;
for services, if kplx has provided these in full and you have acknowledged and expressly agreed before placing the order that we can begin to provide the service and you lose your right of withdrawal upon complete fulfillment of the contract;
for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts; and
for the supply of alcoholic beverages, the price of which was agreed when the purchase contract was concluded, but the delivery of which can only take place after 30 days and the current value of which depends on fluctuations in the market over which the trader has no influence.
§ 13 Exclusion of the right of withdrawal
(1) The right of withdrawal does not apply to contracts
for the delivery of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded;
(2) The right of withdrawal expires prematurely for contracts
for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery;
for the delivery of goods if they have been inseparably mixed with other goods after delivery due to their nature;
for the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery.
§ 14 Data protection
(1) Should personal data (e.g. name, address, e-mail address) be collected, we undertake to obtain your prior consent. We undertake not to pass on any data to third parties unless you have given your prior consent.
(2) We would like to point out that the transmission of data on the Internet (e.g. by e-mail) may be subject to security vulnerabilities. Accordingly, error-free and trouble-free protection of third-party data cannot be fully guaranteed. Our liability in this respect is excluded.
(3) Third parties are not authorized to use contact data for commercial activities unless the provider has given prior written consent to the persons concerned.
(4) You have the right to receive complete information from kplx about the data concerning you at any time and free of charge.
(5) Furthermore, the user has the right to rectification/deletion of data/restriction of processing.
(6) Further information on data protection can be found in the separate privacy policy.
§ 15 Cookies
(1) We may use cookies to display the product range. Cookies are small text files that are stored locally in the cache of the website visitor's Internet browser.
(2) Numerous websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a string of characters that can be used to assign websites and servers to the specific Internet browser in which the cookie was stored. This enables the websites and servers visited to distinguish the individual browser of the data subject from other Internet browsers that contain other cookies. A specific Internet browser can be recognized and identified via the unique cookie ID.
(3) The use of cookies enables us to provide users of this website with more user-friendly services that would not be possible without cookies.
(4) We would like to point out that some of these cookies are transferred from our server to your computer system, whereby these are mostly so-called session-related cookies. Session-related cookies are characterized by the fact that they are automatically deleted from your hard drive at the end of the browser session. Other cookies remain on your computer system and enable us to recognize your computer system on your next visit (so-called persistent cookies).
(5) You can object to the storage of cookies by clicking on a banner that allows you to object/accept.
(6) Of course, you can set your browser so that no cookies are stored on your hard disk or cookies that have already been stored are deleted. The instructions regarding the prevention and deletion of cookies can be found in the help function of your browser or software manufacturer.
§ Section 16 Place of jurisdiction and applicable law
(1) For differences of opinion and disputes arising from this contract, the law of the Federal Republic of Germany shall apply exclusively, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) The sole place of jurisdiction for orders from merchants, legal entities under public law or special funds under public law is the registered office of the provider.
§ 17 Final provisions
(1) The contract language is Englisch/German.
(2) We do not offer any products or services for purchase by minors. Our products for children can only be purchased by adults. If you are under 18, you may only use kplx with the assistance of a parent or legal guardian.
(3) If you breach these Terms and Conditions and we do nothing about it, we will still be entitled to exercise our rights on any other occasion on which you breach these Terms and Conditions of Sale.
(4) We reserve the right to make changes to our website, rules, terms and conditions including these terms and conditions at any time. Your order will be subject to the terms of sale, contract terms and conditions in force at the time of your order, unless a change to those terms is required by law or governmental order (in which case they will also apply to orders previously placed by you). If any provision of these Terms of Sale is invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
(5) The invalidity of one provision shall not affect the validity of the other provisions of the contract. Should this occur, the provision shall be replaced by another legally permissible provision that corresponds to the meaning and purpose of the invalid provision.