Terms and Conditions

General Terms and Conditions of Business with Customer Information

1. Scope of application
2. Offers and service descriptions
3. Ordering process and conclusion of contract
4. Prices and shipping costs
5. Delivery, availability of goods
6. Modalities of payment
7 Retention of title
8. Warranty for material defects and guarantee
9. Liability
10. Storage of the contract text
11. Place of jurisdiction, applicable law, contract language

1. Scope of application
1.1 The business relationship between Andy Dunkel and Daniel Iwer GbR, Gartenstr. 12a, 15907 Lübben (Spreewald) (hereinafter referred to as “Seller”) and the customer (hereinafter referred to as “Customer”) shall be governed exclusively by the following General Terms and Conditions in their version valid at the time of ordering.
1.2 You can contact us for questions and complaints under the telephone number +49 176 93748280 or by e-mail at info@ekiwi.de
1.3 Consumers within the meaning of these General Terms and Conditions shall be any natural person who concludes a legal transaction for a purpose that cannot be attributed primarily to their commercial or independent professional activity (German Law: § 13 BGB).
1.4 Deviating terms and conditions of the customer are not recognized unless the seller expressly agrees to their validity.
1.5 In addition to the following points, the General Terms and Conditions of Business continue to apply:
Revocation policy
Revocation policy for digital products
Privacy Policy

2. Offers and service descriptions
2.1 The presentation of the products in the online shop does not constitute a legally binding offer, but a request to place an order. Service descriptions in catalogues and on the seller’s websites do not have the character of a warranty or guarantee.

3. Ordering process and conclusion of contract
3.1 The customer can select products from the seller’s assortment without obligation and collect them in a shopping cart by clicking on the button[Add to cart]. Within the shopping cart, the product selection can be changed or deleted. The customer can then use the[Proceed to checkout] button within the shopping cart to complete the order process.
3.2 By clicking the button [Agreement to pay for the order you are placing] the customer submits a binding application for the purchase of the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time and return to the shopping cart using the browser function “back” or cancel the order process altogether. Required fields are marked with an asterisk (*).
3.3 The Vendor will then send the Customer an automatic acknowledgement of receipt by e-mail, in which the Customer’s order will be listed again and which the Customer can print via the “Print” function (order confirmation). The automatic acknowledgement of receipt merely documents that the customer’s order has been received by the seller and does not constitute an acceptance of the request. The contract of sale is only concluded when the seller has dispatched the ordered product to the customer within 2 days or has confirmed the dispatch to the customer within 2 days with a second e-mail, express order confirmation or sending the invoice.
3.4 If the seller makes a prepayment possible, the contract is concluded with the provision of bank data and a request for payment. If payment has not been received by the Seller within 10 calendar days after the order confirmation has been sent, despite the due date, even after a new request has been made, the Seller shall rescind the contract with the consequence that the order has lapsed and the Seller has no obligation to deliver. The order is then completed for the buyer and seller without any further consequences. A reservation of the article with prepayment payments is therefore made for a maximum of 10 calendar days.

4. Prices and shipping costs
4.1 For the dispatch of digital products, such as software downloads, eBooks or license keys, there are no shipping costs if the dispatch takes place via a digital communication channel such as e-mail or download.
4.2 In addition to the prices quoted, the Seller shall charge shipping costs for delivery. The shipping costs are clearly communicated to the buyer on a separate information page and within the framework of the order process.

5. delivery, availability of goods
5.1 Insofar as advance payment has been agreed, delivery shall be effected after receipt of the invoice amount.
5.2 If delivery of the goods should fail due to fault of the buyer despite three attempts at delivery, the seller can withdraw from the contract. Any payments made will be refunded to the customer immediately.
5.3 If the ordered product is not available because the seller is not supplied with this product by his supplier through no fault of his own, the seller can withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, propose to him the delivery of a comparable product. If no comparable product is available or if the customer does not wish to have a comparable product delivered, the seller will reimburse the customer immediately for any payments already made.
5.4 Customers will be informed about delivery times and delivery restrictions (e. g. limitation of deliveries to certain countries) on a separate information page or within the respective product description.

6. Modalities of payment
6.1 The customer can choose from the available payment methods within and before the completion of the order process. Customers are informed about the available means of payment on a separate information page.
6.2 If payment by invoice is possible, payment must be made within 30 days after receipt of the goods and invoice. For all other payment methods, payment must be made in advance without deduction.
6.3 If third parties are commissioned with the payment processing, e. g. Paypal, their general terms and conditions apply.
6.4 If the due date of payment is determined by the calendar, the customer shall be deemed to be in default if he fails to meet the deadline. In this case, the customer shall pay the statutory default interest.
6.5 The customer’s obligation to pay interest on arrears does not exclude the assertion of further damages caused by delay by the seller.
6.6 The customer shall only be entitled to a right of set-off if his counterclaims have been legally established or acknowledged by the seller. The customer may only exercise a right of retention if the claims result from the same contractual relationship.

7 Retention of title
The delivered goods remain the property of the seller until full payment has been made.

8. Warranty for material defects and guarantee
8.1 The warranty is determined by legal regulations.
8.2 A guarantee exists for the goods delivered by the seller only if this has been expressly given. In this case, customers will be informed of the warranty conditions prior to initiating the order process.

9. Liability
9.1 The following exclusions and limitations of liability shall apply to Seller’s liability for damages, without prejudice to the other statutory conditions of entitlement.
9.2 The Seller shall be liable without limitation if the cause of damage is based on intent or gross negligence.
9.3 Furthermore, the Seller shall be liable for the slightly negligent breach of essential obligations, the breach of which jeopardizes the fulfilment of the purpose of the contract, or for the breach of obligations, the fulfilment of which makes the proper execution of the contract possible in the first place and on which the Customer regularly relies on compliance. In this case, however, the seller is only liable for the foreseeable, contract-typical damage. The Seller shall not be liable for the slightly negligent breach of obligations other than those stated in the above sentences.
9.4 The aforementioned limitations of liability shall not apply in the event of injury to life, limb and health, for a defect following the assumption of a guarantee for the quality of the product and for maliciously concealed defects. Liability under the Product Liability Act remains unaffected.
9.5 Insofar as the Seller’s liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.

10. Storage of the contract text
10.1 The customer can print out the contract text before placing the order by using the print function of his browser in the last step of the order.
10.2 The Seller shall also send the Customer an order confirmation with all order data to the e-mail address provided by the Customer. With the order confirmation, the customer will also receive a copy of the General Terms and Conditions of Business, as well as instructions on how to cancel the order and information on shipping costs and terms of delivery and payment. If you have registered in our shop, you can view your orders in your profile area. Furthermore, we save the text of the contract but do not make it accessible on the Internet.

11. Final provisions
11.1 Place of jurisdiction and place of performance shall be the registered office of the seller if the customer is a merchant, a legal entity under public law or a special fund under public law.
11.2 The language of the contract is German/English.
11.3 The European Commission’s platform for online dispute resolution (OS) for consumers: http://ec.europa.eu/consumers/odr/. We are not prepared or obliged to participate in a dispute settlement procedure before a consumer conciliation body.