Terms and Conditions

1. Scope

These General Terms and Conditions apply to all orders of goods from the K.&N. Schurwoll GmbH online shop.

2. Contractual Partner

The contractual partner for orders from the K.&N. Schurwoll GmbH online shop is:

K&N Schurwoll GmbH
represented by Managing Director Marcel Krah
Holzbachstr. 14
56249 Herschbach
registered in the commercial register of the Amtsgericht Montabaur, HRB: 2592
Phone: +49 26 26 / 9 26 30 92
Email: info@schurwollshop.de

3. Conclusion of Contract

1. By clicking the "order with obligation to pay" button, the customer submits a binding offer to purchase the goods in the shopping cart.
2. The order confirmation sent automatically after the order is placed confirms the content and receipt of the customer's order by K.&N. Schurwoll GmbH but does not constitute acceptance of the customer's offer. A contract with K.&N. Schurwoll GmbH is only concluded by the acceptance declaration of K.&N. Schurwoll GmbH, which is sent with a separate email (order confirmation or shipping confirmation), or at the latest by the dispatch of the ordered goods.

4. Availability of Goods

If the ordered goods are not available at the time of the order, K.&N. Schurwoll GmbH reserves the right not to accept the order so that no contract is concluded. The customer will be informed immediately. Payments already made will be refunded.

5. Prices and Shipping Costs

1. All prices are quoted in euros and include the applicable statutory value-added tax.
2. The customer can pay the purchase price via PayPal or PayPal+.
3. Delivery within Germany is free of charge. For deliveries outside of Germany, the following flat shipping fee applies:
   • €9.95
4. Delivery takes place within 3-5 days from the order confirmation by K.&N. Schurwoll GmbH.

6. Warranty

1. If the customer is a consumer within the meaning of § 13 BGB, the statutory warranty rights apply.
2. If the customer is an entrepreneur, i.e., if the customer places the order in the exercise of their commercial or independent professional activity, claims for defects against K.&N. Schurwoll GmbH become time-barred within 12 months from the delivery of the goods. Excluded from this are claims for damages due to injury to life, body, or health, which are based on a negligent breach of duty by K&N Schurwoll GmbH or an intentional or negligent breach of duty by a legal representative or vicarious agent of K.&N. Schurwoll GmbH.

7. Liability

1. Customer claims for damages against K.&N. Schurwoll GmbH are excluded. This does not apply to claims for damages by the customer arising from injury to life, body, or health, as well as liability for other damages based on an intentional or grossly negligent breach of duty by K.&N. Schurwoll GmbH, its legal representatives, or vicarious agents. The liability for the breach of obligations, whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the customer may regularly rely, remains unaffected. In the case of slightly negligent breaches of these contractual obligations, K.&N. Schurwoll GmbH is only liable for the foreseeable damage typical for the contract, unless it concerns claims for damages by the customer arising from injury to life, body, or health.
2. The provisions of the Product Liability Act and the Federal Data Protection Act and the EU-

8. Retention of Title

Until full payment, the goods delivered by K.&N. Schurwoll GmbH remain the property of K.&N. Schurwoll GmbH.

9. Consumer's Right of Withdrawal

1. If the customer is a natural person who enters into a legal transaction for purposes that are predominantly not attributable to their commercial or independent professional activity (consumer), the customer has a right of withdrawal according to § 312g in conjunction with § 355 BGB.
2. Right of withdrawal for purchase contracts with K.&N. Schurwoll GmbH for goods:

Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal 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. In the case of a contract for several goods ordered together but delivered separately, the withdrawal 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 last good.

In the case of a contract for the delivery of goods in several partial shipments or pieces, the withdrawal 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 last partial shipment or piece.

In the case of a contract for the regular delivery of goods over a fixed period of time, the withdrawal 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 first good.

To exercise your right of withdrawal, you must inform us:

K.&N. Schurwoll GmbH
represented by Managing Director Marcel Krah
Holzbachstr. 14
56249 Herschbach
Phone: +49 26 26 / 9 26 30 92
Email: info@schurwollshop.de

by means of a clear statement (e.g., a letter sent by post or email) of your decision to withdraw from this contract. You may use the attached model withdrawal form, but it is not required.

To meet the withdrawal deadline, it is sufficient for you to send your communication regarding your exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of Withdrawal

If you withdraw from this contract, we will reimburse all payments we have received from you, including delivery costs (except for additional costs arising from your choice of a delivery method other than the least expensive standard delivery offered by us) without undue delay and no later than fourteen days from the day we receive notification of your withdrawal from this contract. We will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this reimbursement.

You must return the goods to K.&N. Schurwoll GmbH without undue delay and in any event no later than fourteen days from the day on which you notify us of the withdrawal from this contract. The deadline is met if you send the goods before the period of fourteen days has expired.

The cost of returning the goods is borne by K.&N. Schurwoll GmbH.

You are only liable for any diminished value of the goods if this diminished value is due to handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

End of the Right of Withdrawal

3. The right of withdrawal against K.&N. Schurwoll GmbH does not apply to the following contracts:
   • Contracts for the supply of goods that are not prefabricated and for the production of which an individual choice or decision by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,
   • Contracts for the supply of sealed goods that are not suitable for return due to health protection or hygiene reasons if their seal was removed after delivery.

10. Dispute Resolution

The EU Commission has created an internet platform for online dispute resolution. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts. More information is available at the following link: http://ec.europa.eu/consumers/odr

K.&N. Schurwoll GmbH is not obliged and does not voluntarily participate in dispute resolution through a consumer arbitration board.

11. Applicable Law, Jurisdiction

1. The contractual relationship is governed by the law of the Federal Republic of Germany to the exclusion of the UN Sales Convention, provided that the buyer acts in the exercise of their commercial or freelance activity when placing the order.
2. 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 K.&N. Schurwoll GmbH is the registered office of K.&N. Schurwoll GmbH.
3. The contract remains binding in its remaining parts even if individual points are legally ineffective. The ineffective points, if any, will be replaced by the statutory provisions.