Customer Information
1. Identity of the seller
The contract is concluded with:
KONKRUA GmbH & Co.KG
Phone: +49 176 13421540
Alternative dispute resolution:
The European Commission provides a platform for online dispute resolution (ODR platform), accessible at https://ec.europa.eu/odr.
Information on the conclusion of the contract
The technical steps to conclude the contract, the conclusion of the contract itself, and the correction options are carried out in accordance with the provisions "Conclusion of the Contract" of our General Terms and Conditions. (Teil I.).
Contract conclusion and ordering process
1. The presentation of goods, especially on the internet, does not yet constitute a binding offer from the seller.
2. By clicking the "Add to Cart" button, the selected items will be placed in the cart. In the final step "Proceed to Checkout," the ordering process begins, during which all necessary data for order processing is collected.
At the end of the ordering process, a summary of the order and contract data will appear. Only after confirming this order and contract data by clicking the "buy" button do you submit a binding offer to purchase the goods contained in the shopping cart.
3. A contract is only concluded with a written order confirmation from the seller.
Technical correction options
All entered information will be displayed in a confirmation window before clicking the order button and can be removed from the shopping cart by the customer before the contract is concluded by pressing the "Edit Cart" button and then pressing the "X" button.
Contract language, contract text storage
3.1. The contract language is German.
3.2. The complete contract text is not stored by us. Before submitting the order via the online shopping cart system, the contract data can be printed or saved electronically using the print function of the browser. After receipt of the
Your order with us will have the order details, the legally required information for distance selling contracts, and the general terms and conditions sent to you again via email.
3.3. For inquiries outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g., via email, which you can print or save electronically.
Essential features of the goods or services
The essential features of the goods and/or services can be found in the respective offer.
Right of Withdrawal
Consumers have a thirty-day right of withdrawal. Here you will find the Details about your right of withdrawal.
The seller bears the direct costs of return shipping in the event of cancellation for returns from Germany. In all other cases, the customer bears the direct costs of returning the goods.
The right of withdrawal does not apply to the following contracts:
• for the delivery of sealed goods that are not suitable for return for health protection or hygiene reasons, if their seal has been removed after delivery
Warranty Law
The buyer is entitled to a statutory warranty right. Deviating regulations can be found in our terms and conditions.
Payment and Delivery
No additional costs are incurred for the payment methods offered by the seller.
Deliveries are made within the Federal Republic of Germany, including the North and Baltic Sea islands, as well as abroad.
The countries served and delivery times can be viewed here:
The specified delivery times begin with payment by bank transfer and instant transfer on the day after the payment order is given to the transferring credit institution; for payment via PayPal, on the day after the payment instruction, and for payment by credit card, on the day after the customer's account is charged.
The delivery deadlines end with the expiration of the last day of the deadline. If the last day of the deadline falls on a Saturday, Sunday, or a public holiday recognized by the state at the delivery location, the next working day will replace such a day.
Shipping costs
All shipping costs, especially packaging, transportation costs, and deliveries, shall be borne by the customer unless otherwise agreed. An overview of the shipping costs can be viewed here Payment and Shipping.
So far as the delivery is made to a non-EU country, additional customs duties, taxes, or fees may be payable by the customer, but not to the provider, rather to the relevant customs or tax authorities there. The customer is advised to inquire about the details with the customs or tax authorities before placing the order.
Complaint Management
For questions regarding the delivery of the goods (e.g. timing, availability, payment receipt, etc.), there is the option to contact the seller:
E-Mail: team@konkrua.com
Telefon: +49 176 13421540
__________________________
General Terms and Conditions
1. Contractual Basis
(1) The following terms and conditions apply to contracts that you enter into with us as the provider (KONKRUA GmbH & Co.KG) via the website www.konkrua.com. Unless otherwise agreed, we oppose the inclusion of any terms you may use.
(2) A consumer in the sense of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly not attributable to their commercial or independent professional activity. An entrepreneur is any natural or legal person or a legally capable partnership that acts in the exercise of their independent professional or commercial activity when concluding a legal transaction.
2. Conclusion of the contract
(1) The subject of the contract is the sale of goods.
(2) By listing the respective product on our website, we present you with a binding offer to conclude a contract through the online shopping cart system under the conditions specified in the item description.
(3) The contract is concluded through the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart." You can access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After accessing the "Checkout" page and entering your personal information as well as the payment and shipping conditions, the order details will be displayed to you as an order summary.
As far as you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Sofortüberweisung) as a payment method, you will either be directed to the order overview page in our online store or redirected to the website of the provider of the instant payment system.
A redirect to the respective instant payment system will take place, where you can make the appropriate selection or enter your data. Finally, the order details will be displayed to you on the website of the provider of the instant payment system or after you have been redirected back to our online store.
Before submitting the order, you have the opportunity to review, change (also using the "back" function of the internet browser), or cancel the order in the order overview.
With the submission of the order via the corresponding button ("buy" or similar designation), you legally declare your acceptance of the offer, thereby concluding the contract.
(4) Your inquiries for a quote are non-binding for you. We will provide you with a binding offer in text form (e.g. via 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 is carried out partially automatically via email. You must therefore ensure that the email address you have provided to us is correct, that the receipt of emails is technically ensured, and that it is not blocked by SPAM filters.
3. Delivery Conditions
3.1 If the seller incurs additional shipping costs due to the provision of an incorrect delivery address or an incorrect recipient, these costs are to be reimbursed by the customer, unless the customer is not responsible for the incorrect information.
3.2 The seller is entitled to partial deliveries at their expense, as long as this is reasonable for the buyer.
4. Payment Terms
4.1 The purchase price is due immediately upon conclusion of the contract.
4.2 In case of payment delay, the customer is obliged to pay default interest of 5 percentage points above the base interest rate to the seller if he is a consumer (§ 13 BGB). If the customer is a businessman (§ 14 BGB), the default interest rate is 9 percentage points above the base interest rate.
4.3 Regardless of 3.2, the seller remains entitled to prove a higher delay damage as well as any other damage.
5. Special agreements regarding offered payment methods
5.1 (1) Payment via Klarna
In collaboration with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is made to Klarna:
Rechnung: The payment term is 30 days from the dispatch of the goods/tickets or, in the case of other services, from the provision of the service. You can find the complete billing conditions for the countries where this payment method is available here: Germany.
Instant transfer: Available in Germany. Your account will be charged immediately after placing the order.
Credit Card (Visa/Mastercard): Available in Germany. The charge will be made after the shipment of goods or tickets /
Availability of the service or in the case of a subscription according to the communicated times.
The use of the payment methods invoice and/or installment purchase and/or direct debit requires a positive credit check. In this respect, we will pass on your data as part of the purchase initiation and processing of the purchase contract to Klarna for the purpose of address and credit checks. Please understand that we can only offer you those payment methods that are permissible based on the results of the credit check.
Further information and Klarna's terms of use can be found hereGeneral information about Klarna can be obtained here. Your personal information will be processed by Klarna in accordance with applicable data protection regulations and in accordance with the information in Klarna's Privacy Policy behandelt.
Further information about Klarna can be found hereDie Klarna App finden Sie here.
6. Right of retention, retention of title
(1) You can only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until the full payment of the purchase price is made.
(3) If you are an entrepreneur, the following applies additionally:
a) We reserve the right of 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, a pledge or security transfer is not permitted.
b) You may resell the goods in the ordinary course of business. In this case, you already assign to us all claims in the amount of the invoice total that arise from the resale; we accept the assignment. You are still authorized to collect the claim. However, if you do not fulfill your payment obligations properly, we reserve the right to collect the claim ourselves.
c) In the case of connection and mixing of the reserved goods, 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 commit to releasing the securities owed to us 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 at our discretion.
7. Warranty
(1) The statutory warranty rights apply.
(2) As a consumer, you are requested to immediately check the goods upon delivery for completeness, obvious defects, and transport damage, and to inform us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty claims.
(3) As far as a characteristic of the goods deviates from the objective requirements, the deviation is only considered agreed upon if you were informed about it before we submitted the declaration of contract and the deviation was expressly and separately agreed upon between the contracting parties.
(4) As far as you are an entrepreneur, the warranty regulations mentioned above apply differently:
a) Only our own specifications and the manufacturer's product description are considered as agreed upon regarding the nature of the goods, not
however, other advertising, public promotions, and statements from the manufacturer.
b) In case of defects, we provide warranty at our discretion through rectification or replacement. If the rectification fails, you can choose to demand a reduction in price or withdraw from the contract. The rectification is considered failed after an unsuccessful second attempt, unless something else arises particularly from the nature of the goods or the defect or from other circumstances. In the case of rectification, we are not obliged to bear the increased costs incurred by transporting the goods to a location other than the place of performance, unless the transportation does not correspond to the intended use of the goods.
c) The warranty period is one year from the delivery of the goods. The reduction of the period does not apply:
- for damages caused by us that are attributable to culpable injury to life, body, or health, and in the case of intentionally or grossly negligently caused other damages;
- as far as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
- for items that have been used for a building in accordance with their usual purpose and have caused its defects;
- in the case of statutory recourse claims that you have against us in connection with warranty rights.
8. Choice of law, place of performance, jurisdiction
(1) German law applies. For consumers, this choice of law only applies insofar as it does not deprive them of protection afforded by mandatory provisions of the law.
The protection granted by the state of the consumer's habitual residence shall not be withdrawn (principle of favorability).
(2) The place of performance for all services arising from our existing business relationships as well as the place of jurisdiction is our registered office, unless you are a consumer, but a merchant, a legal entity under public law, or a special fund under public law
are. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if the place of residence or habitual residence is not known at the time the action is brought. The right to also appeal to the court at another legal place of jurisdiction remains unaffected.
(3) The provisions of the UN Sales Convention do not apply explicitly.
9. Right of Withdrawal
9.1 The right of withdrawal applies exclusively to consumers.
9.2 The customer must carefully package the goods for return, without prejudice to their right of withdrawal.
10. Limitation of Liability
10.1 The seller is liable, except for injuries to life, body, and health and for breaches of essential contractual obligations (cardinal duties), only for damages that are attributable to intentional or grossly negligent behavior.
This also applies to indirect consequential damages, such as lost profits in particular.
A material contractual obligation is one whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the contractual partner regularly relies and may rely.
10.2 Liability is limited, except in cases of intentional or grossly negligent behavior or in the event of damages resulting from injury to life, body, and health, as well as the violation of essential contractual obligations (cardinal duties), to damages that are typically foreseeable at the time of the conclusion of the contract and, in other respects, to the amount of typical average damages for the contract. This also applies to indirect consequential damages, such as lost profits in particular.
10.3 The limitation of liability in paragraphs 1 and 2 also applies accordingly for the benefit of the employees and agents of the seller.
10.4 Claims for liability under the Product Liability Act remain unaffected.
11. Reservation of self-supply
The conclusion of the contract is subject to the condition that in the event of improper, delayed, or absent self-supply, performance may not occur or may only occur partially or at a later time. This applies only if there is a congruent covering transaction between the seller and the supplier, the improper, delayed, or absent self-supply is not attributable to the seller, and cannot be remedied by her with reasonable effort. In the event of unavailability or only partial availability of the goods, the customer will be informed immediately. Any payment made will be refunded promptly.
12. Membership
12.1 Membership is free.
12.2 By registering, the user agrees that the seller may use the data provided by him (recipes, images, texts, etc.) both currently and after the termination of the membership. The seller thus claims a non-exclusive right of use, which allows the user to also use his data for his own purposes.
12.3 Registration requires the following data: Name or synonym, email address, and password. The user is obliged to keep the password confidential and to use their profile exclusively.
12.4 All users commit to treating each other politely. The seller reserves the right to remove inappropriate, offensive, or promotional posts without reason.
12.5 All users can terminate their membership at any time and without giving any reasons. Content that has been posted will remain publicly accessible even after the membership has been terminated. The data provided by the users will not be passed on to third parties by the seller without the user's consent.
13. Final provisions
13.1 The law of the Federal Republic of Germany applies, excluding the UN Sales Convention. Mandatory provisions of the state in which the customer has their habitual residence remain unaffected.
13.2 The place of fulfillment is the seller's registered office, provided that the customer is a merchant.
13.3 If the customer is a merchant, a legal entity under public law, or a special fund under public law, or does not have a general place of jurisdiction in the country, or has moved their residence abroad after the conclusion of the contract, or their residence is not known at the time of the filing of the lawsuit, the place of jurisdiction shall be the seller's registered office.
13.4 Should individual provisions of this contract be ineffective or contradict legal regulations, the remainder of the contract shall not be affected.