General terms and conditions and customer information
I. General Terms and Conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to contracts that you conclude with us as a provider (Günther Kuhn) via the website www.nekosan.de. Unless otherwise agreed, the inclusion of any terms and conditions you may have used is objected to.
(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that cannot predominantly be attributed to either their commercial or their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods.
(2) When you place the respective product on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions stated 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 use the corresponding button in the navigation bar to access the “shopping cart” and make changes there at any time.
After accessing the "Checkout" page and entering your personal data as well as the payment and shipping conditions, the order details will be displayed to you as an order overview.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, instant transfer) as your payment method, you will either be taken to the order overview page in our online shop or redirected to the website of the provider of the instant payment system.
If you are forwarded to the respective instant payment system, make the appropriate selection or enter your data there. Finally, the order data will be displayed as an order overview on the website of the provider of the instant payment system or after you have been redirected back to our online shop.
Before sending the order, you have the opportunity to check the information in the order overview again, change it (also using the "back" function of the Internet browser) or cancel the order.
By submitting the order using the corresponding button ("order with obligation to pay" or similar term), you declare your legally binding acceptance of the offer, whereby the contract is concluded.
(4) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by email. You must therefore ensure that the email address you provide to us is correct, that receipt of emails is technically ensured and, in particular, that it is not prevented by SPAM filters.
§ 3 Special agreements on payment methods offered
(1) Payment via Klarna
In collaboration with Klarna Bank AB (publ) (https://www.klarna.com/de/), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is made to Klarna:
- Invoice: The payment period is 30 days from the dispatch of the goods/ticket/or, for other services, from the provision of the service. The complete invoice terms and conditions for the countries in which this payment method is available can be found here: Germany (https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/invoice).
- Installment purchase: Klarna's financing service allows you to pay for your purchase in fixed or flexible monthly installments under the terms specified in the checkout. The installment payment is due at the end of the month after Klarna sends a monthly invoice. Further information on installment purchase including the general terms and conditions and the European standard information for consumer credit for the countries in which this payment method is available can be found here (only available in the specified countries): Germany (https://cdn.klarna.com/1.0/shared /content/legal/terms/0/de_de/account).
- Sofortüberweisung: Available in Germany and Austria. Your account will be debited immediately after you place your order.
- Direct debit: The debit takes place after the goods have been dispatched. The time will be communicated to you by email.
- Credit card (Visa/Mastercard): Available in Germany. The debit takes place after the goods or tickets have been dispatched / the 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, as part of the purchase initiation and processing of the purchase contract, we forward your data to Klarna for the purpose of address and creditworthiness checks. Please understand that we can only offer you those payment methods that are permitted based on the results of the credit check.
Further information about Klarna can be found here (https://www.klarna.com/de/smoooth-mehrzuklarna/). You can find the Klarna app here (https://www.klarna.com/de/klarna-app/).
(2) SEPA direct debit (basic and/or company direct debit)
When paying by SEPA core direct debit or SEPA business direct debit, you authorize us to collect the invoice amount from the specified account by issuing a corresponding SEPA mandate.
The direct debit will be collected within 1-5 days after the conclusion of the contract.
The deadline for submitting the pre-notification is shortened to 5 days before the due date. You are obliged to ensure that the account has sufficient funds on the due date. In the event of a return debit due to your fault, you will have to pay the applicable bank fee.
§ 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 the purchase price has been paid in full.
§ 5 Warranty
(1) The statutory liability rights for defects apply.
(2) As a consumer, you are asked to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to report any complaints to us and the freight forwarder as quickly as possible. If you do not comply with this, this will have no effect on your statutory warranty claims.
(3) If a feature of the goods deviates from the objective requirements, the deviation is only considered agreed if you were informed of the same by us before the contract declaration was made and the deviation was expressly and separately agreed between the contracting parties.
§ 6 Choice of law
(1) German law applies. For consumers, this choice of law only applies to the extent that the protection granted by mandatory provisions of the law of the consumer's country of habitual residence is not withdrawn (principle of favourability).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
II. Customer information
1. Identity of the seller
Günther Da Silva Kuhn
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), which can be accessed at https://ec.europa.eu/odr (https://ec.europa.eu/odr).
2. 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 (Part I.).
3. Contract language, contract text storage
3.1. The contract language is German.
3.2. We do not save the complete contract text. Before sending the order via the online shopping cart system, the contract data can be printed out or saved electronically using the browser's print function. After we receive the order, the order data, the legally required information for distance selling contracts and the general terms and conditions will be sent to you again by email.
4. Codes of Conduct
4.1. We have subjected ourselves to the buyer seal quality criteria of the Gewerbebund Management AG, which can be viewed at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertification criteria.pdf (https://www.haendlerbund.de/de/ downloads/kaeufersiegel/kaeufersiegel-certification criteria.pdf).
5. Essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
6. Prices and payment methods
6.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
6.2. The shipping costs are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you additionally, unless free shipping has been guaranteed.
6.3. If delivery is made to countries outside the European Union, additional costs may arise for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees from credit institutions), which must be borne by you.
6.4. You must bear any costs incurred in transferring money (transfer or exchange rate fees from credit institutions) in cases where the delivery is made to an EU member state but the payment was made outside the European Union.
6.5. The payment methods available to you are shown under a correspondingly labeled button on our website or in the respective offer.
6.6. Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
6.7. Vouchers and discount codes are subject to the following requirements for redemption:
(1) A minimum order value can exist.
(2) Certain items can be excluded.
(3) Codes can be time-limited, with the start time being the generation of the code.
(4) Can be once per order or per customer and customer account
(5) Must have been issued to you by us.
(6) Are not valid in conjunction with other discounts, bonuses or anything else.
(7) All of the above conditions must be met in order to claim the discount.
6.8 The buyer bears the direct costs of returning the goods, as well as customs duties and import taxes if necessary.
7. Delivery conditions
7.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer. Deliveries can take up to 40 working days after order confirmation.
7.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold during shipment only passes to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.
8. Statutory liability law for defects
Liability for defects is based on the “Warranty” regulation in our General Terms and Conditions (Part I).
These general terms and conditions and customer information were created by the dealer association's lawyers who specialize in IT law and are constantly checked for legal compliance. Merchant Association Management AG guarantees the legal security of the texts and is liable in the event of warnings. Further information can be found at: https://www.haendlerbund.de/de/dienste/rechtssicherheit/agb-service (https://www.haendlerbund.de/de/dienste/rechtssicherheit/agb-service).
last updated: January 1, 2022