Terms & Conditions
General terms and conditions of Komet und Helden GmbH
- 1 Scope and Definitions
(1) These general terms and conditions apply to all business relationships between us and the customer in the version valid at the time of the order.
(2) “Consumer” in the sense of these general terms and conditions is any natural person who concludes a legal transaction with us for a purpose that can predominantly neither be attributed to their commercial nor their independent professional activity (§ 13 BGB).
(3) “Entrepreneurs” in the sense of these general terms and conditions are all natural or legal persons or partnerships with legal capacity who enter business relationships with us and who act in the exercise of their commercial or independent activity (§ 14 BGB). If an entrepreneur does not act in the exercise of his commercial or self-employed activity, he also benefits from the rights intended for consumers. He is considered a consumer within the meaning of these terms and conditions.
(4) “Customers” in the sense of these general terms and conditions are both consumers and entrepreneurs.
(5) General terms and conditions of entrepreneurs that conflict with, deviate from or supplement our general terms and conditions, even if they are aware, do not become part of the contract, unless their validity is expressly agreed in writing.
- 2 Conclusion of the contract
(1) The following provisions on the conclusion of a contract apply to orders in our internet shop https://www.aniven.com/
(2) If a contract is concluded, it is concluded with
Komet und Helden GmbH
legally represented by the managing directors Florian Ranft and Henrik Soller
Register number: HRB 154470
Register court: Munich District Court
Sales tax identification number according to §27 a sales tax law: DE 814292289
(3) The placement of goods in our online shop does not constitute a legally binding contract offer from us but is merely a non-binding invitation to the customer to order these goods. If the customer orders the desired goods, he is submitting a binding offer to conclude a purchase contract.
(4) When an order is placed in our online shop, the following rules apply:
When a customer goes through the order process shown below, he is submitting a binding contract offer. The ordering process takes place in these steps:
- Selecting the desired goods
- Confirm by clicking the "Add to shopping cart" button
- Checking all information in the shopping cart
- Click the "Next" button
- Log in to the webshop after registering and entering the login data (email address and password).
- Checking and correcting the data entered.
- Binding sending of the order.
Before the binding submission of the order, the customer can return to the page on which the information was entered that the customer provided during the ordering process by clicking the "Back" button on his Internet browser after checking his details. There he can correct any errors or end the order process by closing the Internet browser.
After receiving the order, we will confirm it by means of an automatically written e-mail. However, this e-mail does not yet represent an acceptance of the offer on our part. We accept the offer in writing, in text form or by sending the goods.
(5) We save the contract text and send you the data of your order as well as our general terms and conditions by email.
- 3 Regulations on prices, shipping costs, payment and due dates
(1) All prices that we quote in our online shop include the statutory sales tax and other price components. Any shipping costs and, if applicable, the costs of cash on delivery are not included. These are calculated separately.
(2) Payment is made in advance (bank transfer), by PayPal, by credit card (Mastercard, Visa), on account or by instant transfer.
(3) If a customer chooses PayPal or prepayment as a payment option, he is obliged to pay the corresponding purchase price immediately after the conclusion of the contract. If the customer chooses to pay by instant transfer or credit card, his account will be debited before the goods ordered are delivered.
(4) An entrepreneur has to pay interest on money debts during the delay at 9 percentage points above the base rate. However, we reserve the right to claim higher damage caused by default against an entrepreneur.
(5) An entrepreneur only has a right to offset if his counterclaims, with which he would like to offset, are undisputed or have been legally established.
- 4 Regulations on delivery and transfer of risk
(1) Unless we expressly state otherwise in the product description, the delivery time for the goods within 3-6 days. In the case of payments in advance, the period begins when the transferring bank has issued the payment order, in other cases on the day after the conclusion of the contract and ends with the expiry of the last day of the period.
(2) If the customer chooses to pay by PayPal or in advance, the goods will only be sent after receipt of payment.
(3) If the customer is a consumer, the risk of accidental loss and accidental deterioration of the item will not be transferred until the item is handed over to the customer.
(4) If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the item already takes place when we hand over the goods to the logistics company commissioned by us.
(5) If the customer is an entrepreneur, we reserve the right to set a new, reasonable delivery period in the event that a delivery period cannot be met for reasons for which we are not responsible. The customer will be informed immediately about non-compliance with the delivery time. If we cannot deliver the ordered item within the newly determined period, we are entitled to withdraw from the contract with entrepreneurs. If the customer has already provided consideration, we will reimburse this immediately.
- 5 Retention of title
(1) If the customer is a consumer, we reserve ownership of the goods until the purchase price has been paid in full.
(2) If the customer is an entrepreneur, we reserve ownership of the goods until all claims resulting from the current business relationship have been paid in full. If the value of the reserved goods exceeds the claims to be secured from the ongoing business relationship by 10%, we are obliged to release the reserved goods.
(3) If the customer is an entrepreneur, he can resell the goods in the ordinary course of business. In this case, he already now assigns to us all claims in the amount of the invoice amount that the customer accrues to third parties through a resale. We already accept the assignment. After the assignment, the entrepreneur is authorized by us to collect the claim. We reserve the right to just in case. The fact that the entrepreneur does not properly meet his payment obligations and is in default of payment has the right to collect the claim himself. An entrepreneur processes and processes the delivered goods in our name and on our behalf. If an entrepreneur has processed the goods, we acquire co-ownership of the new item. This co-ownership is measured in relation to the value of the goods delivered by us. The same applies if an entrepreneur processes or mixes the goods with objects that do not belong to us.
- 6 Warranty
(1) The statutory warranty regulations apply to consumers.
(2) In the case of used items, warranty claims for consumers become statute-barred after one year from delivery of the goods.
Such a shortening of the limitation period, however, does not apply to warranty claims which result in damages and where there is intent or gross negligence or a breach of essential contractual obligations. Essential contractual obligations are those, the fulfillment of which makes proper execution and processing of the contract possible in the first place and compliance with which a buyer can normally rely on.
(3) Claims for damages from consumers due to injury to life, body or health or due to the provisions of the Product Liability Act (ProdHaftG) also remain unaffected.
The same regulations apply to breaches of duty by our vicarious agents.
(4) Warranty claims which are not aimed at compensation for damages expire for entrepreneurs after one year from delivery of the goods. The statutory limitation periods for recourse claims of the entrepreneur according to § 478 BGB remain unaffected by this.
(5) Entrepreneurs within the meaning of these general terms and conditions are obliged to inspect the goods received immediately for deviations in quantity and quality. Recognizable defects are to be reported to us in writing within a period of one week from receipt of the corresponding goods. The assertion of warranty claims is excluded if the entrepreneur does not comply with the obligation to notify. The entrepreneur is obliged to notify us of hidden defects in writing within a period of one week. The period begins with the discovery of the corresponding defect. To meet the deadline, it is sufficient if the notification of defects is sent in good time. The entrepreneur bears the full burden of proof for any claim requirements, in particular for the defect itself, for the time of its discovery and for the timeliness of the complaint.
- 7 Limitation of Liability
Liability for damage caused by simple negligence is excluded, provided this does not result from the breach of essential contractual obligations, a guarantee for the quality of the object of purchase, damage from injury to life, body or health or claims according to the Product Liability Act (ProdHaftG) are affected. Essential contractual obligations are those, the fulfillment of which makes proper execution and processing of the contract possible in the first place and compliance with which a buyer can normally rely on.
The same regulations apply to breaches of duty by our vicarious agents.
Liability for the breach of essential contractual obligations in cases of simple negligence is limited to damage that is typically associated with the contract and foreseeable.
- 8 Right of withdrawal for customers as consumers:
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods.
In order to exercise your right of withdrawal, you must send a clear declaration to us (Komet und Helden GmbH, Osterwaldstraße 10, 80805 Munich, phone: 089/9705280, email: firstname.lastname@example.org) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.
Consequences of the withdrawal
If you withdraw from this contract, we will have given you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment. We can refuse the repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier. You must return or hand over the goods to us immediately and in any case no later than fourteen days from the date on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.
Exclusion of the right of withdrawal:
The right of withdrawal does not apply to contracts
- for the delivery of sealed goods that are unsuitable for return for reasons of health protection or hygiene if their seal has been removed after delivery
End of revocation
- 9 Code of Conduct
We have not submitted to any codes of conduct.
- 10 Contract language, choice of law, place of jurisdiction
(1) Only the German language is used for the execution and processing of the contract.
(2) The law of the Federal Republic of Germany applies to the contractual relationships, whereby the UN sales law is excluded. For consumers who do not conclude the contract for professional or commercial purposes, the above choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
(3) If the customer is a merchant, a legal entity under public law or a special fund under public law, our place of business is agreed as the exclusive place of jurisdiction for all disputes arising from this contract.
- 11 Customer service
For questions, complaints and complaints, our customer service is available on working days from 09: 00 a.m. to 17: 30 p.m.
- 12 Severability Clause
If one or more provisions of these terms and conditions are invalid or unenforceable or if they become so retrospectively, the remaining provisions remain unaffected. This only does not apply if the omission of individual clauses puts a contracting party at such an unreasonable disadvantage that it can no longer be expected to adhere to the contract.
Terms and conditions as of October 2021