General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to all contracts concluded between you and us as the provider (Keycoon GmbH) via the Firemat.de internet platform. Unless otherwise agreed, the inclusion of any of your own terms and conditions will be rejected.
(2) For the purpose of the following regulations, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed 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 Contract
(1) The subject of the contract is the sale of goods.
§ 6 Offer Formats and Conclusion of Contract
(1) The processing of the order and the transmission of all information required in connection with the conclusion of the contract are carried out partly 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 in particular, not prevented by spam filters.
§ 3 Right of Retention, Retention of Title
(1) You may only exercise a right of retention insofar as the claims arise 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 title to the goods until all claims from the current business relationship have been fully settled. Pledging or transfer of ownership by way of security is not permitted before the transfer of title to the reserved goods.
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 value arising from the resale, and we accept this assignment. You remain authorized to collect the claim. However, if you do not properly fulfill your payment obligations, we reserve the right to collect the claim ourselves.
c) In the event of combination or 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 undertake to release the securities due to us at your request, insofar as the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is at our discretion.
§ 4 Warranty
(1) Statutory liability for defects applies.
(2) For used goods, the warranty period is one year from the delivery of the item, deviating from the statutory regulation. This reduction of the period does not apply:
– for damages culpably caused by us resulting from injury to life, body, or health, and for other damages caused intentionally or by gross negligence;
– if we fraudulently concealed the defect or assumed a guarantee for the quality of the item.
(3) As a consumer, you are requested to immediately check the item upon delivery for completeness, obvious defects, and transport damage, 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.
(4) If you are an entrepreneur, the following applies, deviating from the aforementioned warranty regulations:
a) Only our own statements and the manufacturer’s product description are considered agreed upon as the quality of the item, not other advertising, public promotions, or statements by the manufacturer.
b) In the event of defects, we provide warranty by repair or replacement, at our discretion. If the rectification of the defect fails, you may, at your option, demand a reduction in price or withdraw from the contract. The rectification of the defect is considered to have failed after the second unsuccessful attempt, unless something else arises from the nature of the item or the defect or other circumstances. In the case of repair, we are not obliged to bear the increased costs incurred by moving the goods to a location other than the place of performance, unless the relocation corresponds to the intended use of the goods.
c) The warranty period is one year from the delivery of the goods. This reduction of the period does not apply:
– for damages culpably caused by us resulting from injury to life, body, or health, and for other damages caused intentionally or by gross negligence;
– if we fraudulently concealed the defect or 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 defectiveness;
– for statutory recourse claims that you have against us in connection with defect rights.
§ 5 Choice of Law
(1) German law applies. For consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the state of the consumer’s habitual residence is not withdrawn (principle of favorability).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
II. Customer Information
1. Seller’s Identity
Keycoon GmbH
represented by Managing Director Deniz Isik
Vilbeler Landstraße 85
60388 Frankfurt am Main
Commercial Register No.: 80104 Register Court: Local Court Frankfurt am Main
Tel.: +49 (0)6109-7398649
Email: info@keycoon.de
Alternative Dispute Resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), accessible at https://ec.europa.eu/odr (https://ec.europa.eu/odr).
2. Information on the Conclusion of the Contract
The technical steps for concluding the contract, the conclusion of the contract itself, and the correction options are carried out in accordance with the regulations “Conclusion of Contract” in our General Terms and Conditions (Part I.).
3. 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, the contract data can be printed or electronically saved using the browser’s print function. After we receive the order, the order data, the legally required information for distance contracts, and the General Terms and Conditions will be sent to you again by email.
4. Essential Characteristics of the Goods or Service
The essential characteristics of the goods and/or service can be found in the respective offer.
5. Prices and Payment Terms
5.1. 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.
5.2. The applicable shipping costs are not included in the purchase price. They can be viewed via a correspondingly labeled button on our website or in the respective offer, will be shown separately during the order process, and must be borne by you in addition, unless free shipping has been promised.
5.3. The payment methods available to you are indicated under a correspondingly labeled button on our website or in the respective offer.
5.4. Unless otherwise specified for the individual payment methods, the payment claims arising from the concluded contract are due for immediate payment.
6. Delivery Conditions
6.1. 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.
Unless a different period is specified in the respective offer or under the correspondingly labeled button, delivery of the goods will take place within 3-5 days after conclusion of the contract (however, in the case of agreed advance payment, only after the time of your payment instruction).
6.2. If you are a consumer, it is legally stipulated that the risk of accidental loss and accidental deterioration of the sold item during shipment passes to you only upon delivery of the goods, 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.
If you are an entrepreneur, delivery and shipment are at your risk.
7. Statutory Liability for Defects
Liability for defects is governed by the “Warranty” regulation in our General Terms and Conditions (Part I).
last updated: 12/23/2018
