I. General Terms and Conditions§ 1 Basic Provisions 

(1) The following terms and conditions apply to contracts that you conclude with us as the provider (Klinger & Born GmbH) via the website www.klibo.de. Unless otherwise agreed, the inclusion of any terms and conditions you may use is hereby objected to.

(2) Consumers within the meaning of the following regulations are any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity. Entrepreneurs are any natural or legal person or a legal partnership that, when entering into a legal transaction, acts in the exercise of their independent professional or commercial activity.

 

§ 2 Conclusion of the Contract

 

(1) The subject matter of the contract is the sale of goods.

(2) By placing the respective product on our website, we make a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description.

(3) The contract is concluded via the online shopping cart system as follows: The goods intended for purchase are placed in the "shopping cart." You can access the "shopping cart" using the corresponding button in the navigation bar and make changes at any time. After clicking the "Checkout" or "Proceed to Order" button (or similar designation) and entering your personal data as well as the payment and shipping conditions, the order data will be displayed to you as an order overview. If you use an instant payment system (e.g., PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay), you will be either directed to the order overview page in our online shop or redirected to the website of the instant payment system provider.

If you are redirected to the respective instant payment system, you will make the necessary selection or enter your data there. Finally, the order data will be displayed to you as an order overview on the website of the instant payment system provider or after being redirected back to our online shop.

Before submitting the order, you have the opportunity to review the information in the order overview, make changes (including using the "back" function of the web browser), or cancel the order. By submitting the order using the corresponding button ("order with obligation to pay," "buy" / "buy now," "order with obligation to pay," "pay" / "pay now," or similar designation), you declare your legally binding acceptance of the offer, thereby concluding the contract.

(4) Your requests to create an offer are non-binding for you. We will submit a binding offer to you in text form (e.g., by email), which you can accept within 5 days (unless a different deadline is specified in the respective offer).

(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract will be carried out by email, partly automated. Therefore, you must ensure that the email address you provide to us is correct, that you can receive emails, and that they are not prevented by SPAM filters.

 

§ 3 Special Agreements on Offered Payment Methods

 

(1) Payment via "PayPal" / "PayPal Checkout": When selecting a payment method offered through "PayPal" / "PayPal Checkout," the payment processing is handled by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" will be displayed to you under a correspondingly labeled button on our website as well as in the online ordering process. For payment processing, "PayPal" may use other payment services; if special payment conditions apply, you will be notified separately. Further information on "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.

 

§ 4 Right of Retention, Retention of Title

 

(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.

(3) If you are an entrepreneur, the following additional provisions apply:

a) We reserve ownership of the goods until all claims from the ongoing business relationship have been fully settled. Prior to the transfer of ownership of the reserved goods, pledging or transfer by way of security is not permitted.

b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that accrue to you from the resale; we accept the assignment. You are further authorized to collect the claim. However, if you do not meet your payment obligations properly, we reserve the right to collect the claim ourselves.

c) In the event of the goods being combined or mixed, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.

d) We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of our securities exceeds the secured claim by more than 10%. The selection of the securities to be released is our responsibility.

 

§ 5 Warranty(1) The statutory warranty rights apply.

(2) As a consumer, you are requested to promptly check the goods for completeness, obvious defects, and transport damage upon delivery and to notify us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty claims.

(3) If a characteristic of the goods deviates from the objective requirements, the deviation is only deemed agreed if you were informed of it before submitting the